HomeMy WebLinkAboutCity Council - 02/06/2001 AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY, FEBRUARY 6,2001 5:00- 6:55 PM, CITY CENTER
HERITAGE ROOM II
CITY COUNCIL:
Mayor Jean Harris, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, 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 Recorder Lorene McWaters
I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS
II. APPROVAL OF AGENDA
III. E-GOVERNMENT
V. OTHER TOPICS
A. DISCUSSION OF COUNCIL E-MAIL
VI. COUNCIL FORUM
A. EDEN PRAIRIE CHAMBER OF COMMERCE—LISA SISINNI
VII. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY,FEBRUARY 6,2001 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Jan
Mosman, 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
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. MINUTES
A. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 16,2001
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ENTREVAUX by Pemtom Land Company. 2nd Reading for Planned Unit
Development District Review with waivers on 30.45 acres,Zoning District
Change from Rural to R1-13.5 on 30.45 acres. Location: Pioneer Trail and
Bennett Place. (Ordinance for Zoning District Change)
C. BLUFFS EAST 17TH by Hustad Land Company. 2nd Reading for Planned
Unit Development District Review with waivers on 5.78 acres, Zoning District
Change from Rural to RM-6.5 on 5.78 acres, and Site Plan Review on 5.78 acres.
Location: South of Pioneer Trail at Franlo Road. (Ordinance for Zoning
District Change and Resolution for Site Plan Review)
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D. ADOPT RESOLUTION APPROVING THE FINAL PLAT OF
ENTREVAUX
E. ADOPT RESOLUTION APPROVING THE FINAL PLAT OF IVERS
ADDITION
CITY COUNCIL AGENDA
February 6,2001
Page 2
F. APPROVE SERVICE AGREEMENT WITH HONEYWELL FOR
MAINTENANCE OF CONTROL SYSTEMS AT THE WATER
TREATMENT PLANT
G. APPROVE PROPOSAL FOR THE DESIGN AND CONSTRUCTION
ADMINISTRATION OF THE PRAIRIE CENTER DRIVE/PRAIRIE
LAKES DRIVE TRAFFIC SIGNAL WITH WESTWOOD
PROFESSIONAL SERVICES,INC.,I.C.95-5372
H. SECOND READING OF AN ORDINANCE AMENDING CITY CODE
SECTION 2.22 RELATING TO BOARDS, COMMISSIONS, CITIZEN
ADVISORY COMMISSIONS AND TASK FORCES
I. ADOPT RESOLUTION SETTING PUBLIC HEARING ON MARCH 20,
2001, TO CONSIDER ESTABLISHING A TAX INCREMENT (TIF)
DISTRICT FOR ROLLING HILLS SENIOR HOUSING
J. RECOMMEND REAPPOINTMENT OF EDWARD SCHLAMPP TO
LOWER MINNESOTA RIVER WATERSHED DISTRICT
VII. PUBLIC HEARINGS /MEETINGS
A. VACATION OF RIGHT-OF-WAY OF PART OF VALLEY VIEW ROAD
IN SECTION 11,T116,RANGE 22,VACATION 00-03 (Resolution)
B. SUNNYBROOK PLACE by Baton Corporation. Request for Planned Unit
Development Concept Review on 7.71 acres,Planned Unit Development District
Review with waivers on 7.71 acres, Zoning District Change from Rural to RM-
6.5 Zoning District on 7.71 acres, Site Plan Review on 7.71 acres, and
Preliminary Plat on 7.71 acres into 17 lots. Location: Sunnybrook Road.
(Resolution for PUD Concept Review, Ordinance for PUD District Review
and Zoning District Change, and Resolution for Preliminary Plat)
VIII. PAYMENT OF CLAIMS
IX. ORDINANCES AND RESOLUTIONS
X. PETITIONS,REQUESTS AND COMMUNICATIONS
A. TAX INCREMENT,FINANCING (TIF)ANALYSIS—HARTFORD
COMMONS,ROTTLUND HOMES
XL REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
A. APPOINTMENTS TO THE 212 HIGHWAY CORRIDOR COMMITTEE
CITY COUNCIL AGENDA
February 6,2001
Page 3
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Report on I-494 Corridor Commission—Councilmember Mosman
B. REPORT OF CITY MANAGER
1. February 10 Special Meeting on Flying Cloud Airport
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
1. Request from Eden Prairie Schools Regarding Forest Hills School
Park Playground
2. Anderson Lakes Park Reserve Plan
3. Birch Island Woods Appraisal
4. Appointment of Task Force for Developing Program and Design for
Purgatory Creek Recreation Area Entry
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
1. Draft Comprehensive Guide Plan Update
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
1. Review Development and Infrastructure Issues on Eden Prairie Road,
South of Riley Creek -
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
XV. ADJOURNMENT
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UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,JANUARY 16,2001 7:00 PM,CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Jan
Mosman, 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 Swagged, City Attorney Ric Rosow 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.
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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 to 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
Mayor Harris moved Items C. and D. under IX. Ordinances and Resolutions, to
immediately follow VI. Consent Calendar. Mayor Harris added a presentation by John
Mallow under XIV. Other Business. Mosman added a discussion on the structure of the
February 10 Council meeting, under XIII.A. Reports of Councilmembers. Rosow added
a closed session to discuss pending litigation.
MOTION: Tyra-Lukens moved, seconded by Butcher, to approve the agenda as
published and amended. Motion carried 5-0.
V. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,DECEMBER 19,2000
MOTION: Tyra-Lukens moved, seconded by Mosman, to approve the minutes
of the Council Workshop held Tuesday, December 19, 2000, as published.
Motion carried 5-0.
CITY COUNCIL MINUTES
January 16,2001
Page 2
B. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 2, 2001
MOTION: Case moved, seconded by Mosman, to approve the minutes of the
Council Workshop held Tuesday, January 2, 2001, as published. Motion carried
5-0.
C. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 2,2001
Mayor Harris made a correction on page 14, the second paragraph, which should
read "Mayor Harris said this isn't a matter of the dollars involved, but rather the
City maintaining the integrity of this ordinance."
Case questioned the amended motion on expansion of Flying Cloud Airport on
page 11. He did not realize that the Chamber of Commerce and Flying Cloud
Business Association were to be invited and to have presentation time. His intent
in seconding the motion was to have information on alternatives to prevent the
expansion of the airport, and not to invite people to discuss whether or not the
airport should be expanded.
Mayor Harris said it is a public hearing and Council would be inviting groups to
present both sides of the issue in order to gain new information. Council has
taken a formal position against the expansion.
Case said he respectfully disagreed with the Mayor on the purpose of the meeting.
He would not want to exclude the Chamber of Commerce and Flying Cloud
Business Association if they can give Council some feedback, but he didn't want
to hear reasons for expansion of the airport.
Mayor Harris said once it is a public hearing that opens it to the general public.
Council spoke specifically about wanting new information so they don't need to
go back over old information. Council should be looking for short, succinct
presentations to help them in discussions to make the best possible decision.
They have been through the whole discussion on whether or not they want to have
expansion of the airport.
Tyra-Lukens said she thought the public hearing was going to be focused on legal
alternatives and financial implications of a lawsuit. There are only three hours
allocated for the public hearing. Council needs to focus in on what will truly help
them make a decision. Otherwise they will be delaying any progress on this issue.
Butcher said she understood the purpose of the public hearing was for financial
implications and the legal implications were for the executive session afterward.
Case said he felt the motion was slightly changed from what he thought he
seconded and voted on. If there is a misunderstanding, then later in the meeting
he would make a motion to clarify what he believed should be happening at the
meeting on February 10.
CITY COUNCIL MINUTES
January 16,2001
Page 3
Rosow said this subject is on the agenda under Reports of Councilmembers, and
that would be a good time to clarify it. Council needs to be very clear on the
purpose of the public hearing so that the hearing doesn't get further afield than
they want, in order to protect the City's interests. A closed session is the
appropriate time to discuss pending and potential litigation. A public hearing to
discuss those types of things raised concerns because of what the Council may
have to respond to, and he didn't want to put the Council in that position.
Case said he could accept these minutes if Council clarifies the matter further
during the meeting.
MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of
the Council Meeting held Tuesday, January 2, 2001, as published and amended.
Motion carried 5-0.
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION NO. 2001-12 APPROVING FINAL PLAT OF
BLUFF COUNTRY TOWNHOMES 2ND ADDITION
C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH TKDA
FOR PLANS, SPECIFICATIONS AND CONTRACT ADMINISTRATION
TO REPAINT INTERIOR OF THE WASH WATER RESERVOIR AT
THE WATER TREATMENT PLANT
D. APPROVE SUPPLEMENTAL AGREEMENT NO. 1 FOR.
GEOTECHNICAL INVESTIGATIONS FOR EDEN CROSSINGS STREET
IMPROVEMENT PROJECT
E. APPROVE LICENSE AGREEMENT WITH SPRINT FOR
CONSTRUCTION OF A TELECOMMUNICATIONS FACILITY
F. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES
WITH MATT'S AUTO SERVICE FOR 2001
G. APPROVE AGREEMENT FOR STORAGE AND DISPOSAL OF
FORFEITED VEHICLES WITH AUCTION BROADCASTING FOR 2001
H. APPROVE MEMORANDUM OF UNDERSTANDING WITH MNDOT
FOR DESIGN AND CONSTRUCTION OF TH 212/SHADY OAK ROAD
HOV SLIP RAMP AND AUTHORIZE SRF TO PROCEED WITH SLIP
RAMP DESIGN
I. ADOPT RESOLUTION NO. 2001-13 AMENDING RESOLUTION NO.
2000-202 RELATING TO NON-PRIME ROOM RENTALS AT THE
COMMUNITY CENTER
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CITY COUNCIL MINUTES
January 16,2001
Page 4
J. ADOPT RESOLUTION NO. 2001-14 AMENDING RESOLUTION NO.
2001-08 SETTING MEETING PLACES AND TIMES FOR BOARDS AND
COMMISSIONS FOR 2001
K. ADOPT RESOLUTION NO. 2001-15 APPROVING THE PREMISES
PERMIT APPLICATION FOR THE EDEN PRAIRIE HOCKEY
ASSOCIATION
L. APPROVE PURCHASE OF REPLACEMENT VEHICLES AS LISTED IN
2001 BUDGET GENERAL FUND EXPENDITURES AND DEBT SERVICE
M. ADOPT RESOLUTION NO. 2001-16 AUTHORIZING APPLICATION
FOR A STATE GRANT FOR BIRCH ISLAND PARK EXPANSION
N. ADOPT RESOLUTION NO. 2001-17 REJECTING BIDS FOR
REROOFING DORMITORY AND DINING HALL BUILDINGS AT EDEN
WOOD CAMP
O. ADOPT RESOLUTION NO. 2001-18 APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS
FOR REROOFING THE DORMITORY AND DINING HALL AT EDEN
WOOD CAMP
MOTION: Tyra-Lukens moved, seconded by Case to approve Items A-O on the
Consent Calendar.
Butcher said there is information in Item M, regarding an application for a state grant for
Birch Island Park expansion, which she would like to give the public because of the
interest in this matter. The City wrote a letter to the County requesting it to delay selling
Birch Island Woods, and the County Board agreed to delay until the summer. The results
of a joint appraisal of the property is expected by January 24. The City will be applying
for a Metro Greenways Grant and, if successful, the City will be required to pay 50
percent of the appraised value of the property and the grant would cover the remainder.
Motion carried 5-0.
IX. ORDINANCES AND RESOLUTIONS
C. FIRST AND SECOND READINGS OF ORDINANCE No. 2-2001
GRANTING A CABLE TELEVISION FRANCHISE TO EVEREST
MINNESOTA LICENSING, LLC, AND ADOPT RESOLUTION NO. 2001-
26 APPROVING SUMMARY FOR PUBLICATION
D. FIRST AND SECOND READINGS OF ORDINANCE NO. 3-2001
GRANTING A CABLE TELEVISION FRANCHISE TO
WIDEOPENWEST MINNESOTA, LLC, AND ADOPT RESOLUTION NO.
2001-27 APPROVING SUMMARY FOR PUBLICATION
CITY COUNCIL MINUTES
January 16,2001
Page 5
Enger introduced Brian Grogan, an attorney with the law firm of Moss and
Barnett and legal counsel for Southwest Cable Commission.
Grogan said this matter pertains to approval of cable television franchises for two
companies, Everest Minnesota and WideOpenWest (WOW). This request for
approval has been part of an advisory process of review by Southwest Cable
Commission (SCC) and is now ready for official action by the City Council.
These franchises would duplicate the services of Time Warner Cable and compete
against that company.
The two companies went through the public hearing process and were approved
by the City Council. The legal counsel for the SCC prepared reports regarding
the qualifications of Everest Minnesota and WOW. On September 5, 2000, the
City Council adopted Resolutions regarding findings of fact with respect to the
companies' proposals for cable communications franchises. The main difference
between the two documents is that WOW will have a shorter franchise term tied
to the expiration date of Time Warner. They propose to construct an institutional
network that will serve the City buildings, schools, etc., throughout the City with
optic fiber provided at no cost to the City. They are proposing a 48-month build-
out schedule. Everest is seeking a 15-year franchise and shorter build-out
schedule of 36 months. They are proposing to construct an institutional network
plan that would cost the users an incremental charge commensurate with the
additional fiber cost that would be necessary to add in to whatever is already
constructed. These documents have been provided to the City Attorney for
review and they have been forwarded to the legal counsels for Everest, WOW and
Time Warner. As of that time no objections had been raised.
MOTION: Tyra-Lukens moved, seconded by Case, to approve the First and
Second Reading of Ordinance No. 2-2001 granting a cable television franchise to
Everest Minnesota Licensee, LLC and adopt Resolution No.2001-26 approving
Summary for Publication. Motion carried 5-0.
MOTION: Case moved, seconded by Mosman, to approve the First and Second
Reading of Ordinance No. 3-2001 granting a cable television franchise to
WideOpenWest Minnesota, LLC, and adopt Resolution No. 2001-27 approving
Summary for Publication. Motion carried 5-0.
VII. PUBLIC HEARINGS/MEETINGS
A. AZTEC TOWN OFFICE PARK by DaVern, Inc. Request for Guide Plan
Change from Neighborhood Commercial to Office on 6.48 acres, Planned Unit
Development Concept Amendment on 6.48 acres, Planned Unit Development
District Review with waivers on 4.46 acres,Zoning District Change from Rural to
Office on 4.46 acres, Site Plan Review on 4.46 acres, and Preliminary Plat of 6.48
acres into 1 lot and 1 outlot. Location: Aztec Drive. (Resolution No. 2001-19 for
Guide Plan Change, Resolution No. 2001-20 for PUD Concept Amendment,
Ordinance for PUD District Review and Zoning District Change, and
Resolution No.2001-21 for Preliminary Plat)
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CITY COUNCIL MINUTES
January 16,2001
Page 6
Enger said official notice of this public hearing was published in the January 4,
2001,Eden Prairie News and sent to 63 property owners.
David Fitzick, of DaVern, Inc., said this is a 6.48-acre site east of Aztec Drive and
south of Anderson Lakes Parkway. The proposal is for an office park with 21
"town home-type" office units in eight buildings totaling 40,000 square feet on
4.46 acres. The buildings will be partial brick and glass. He showed a picture of
a completed project the company built in Little Canada.
Uram said the developer has resolved the issues raised by the Community
Planning Board, which voted 6-0 at the January 8, 2001, meeting to recommend
approval of the project to the Council.
Mayor Harris asked if anyone wished to address the Council on this proposal. No
one did.
MOTION: Butcher moved, seconded by Tyra-Lukens, to close the Public
Hearing; and adopt Resolution No. 2001-19 for Comprehensive Guide Plan
Change from Neighborhood Commercial to office on 6.48 acres; and adopt
Resolution 2001-20 for PUD Concept Review on 6.48 acres; and approve 1st
Reading of the Ordinance for PUD District Review and Zoning District change
from Rural to Office on 4.46 acres; and adopt Resolution No. 2001-21 for
Preliminary Plat on 6.48 acres into one lot and one outlot; and direct Staff to
prepare a Developer's Agreement incorporating Board and Staff
recommendations. Motion carried 5-0.
B. ANSON REZONING by K. Dawn Anson. Request for Zoning District Change
from Rural to R1-13.5 Zoning District on .80 acres. Location: 16850 Duck Lake
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Trail. (Ordinance for Zoning District Change)
Enger said official notice of this public hearing was published in the January 4,
2001, Eden Prairie News and sent to 46 property owners. As this is a
straightforward request for rezoning of private property, he asked Uram to give
the presentation.
Uram said the Community Planning Board voted 6-0 at the December 11, 2000,
meeting to recommend approval of the project to the City Council. The request is
for a rezoning of a single-family lot from Rural to R1-13.5, which is consistent
with the zoning in the area. The owner wishes to rebuild his house, which was
burned down.
Mayor Harris asked if anyone wished to address the Council on this request. No
one did.
MOTION: Mosman moved, seconded by Case, to close the public hearing and
approve the 1st Reading of the Ordinance for Zoning District Change from Rural
to R1-13.5 on .80 acres. Motion carried 5-0.
CITY COUNCIL MINUTES
January 16,2001
Page 7
C. VALLEY VIEW CORPORATE CENTER by CSM Equities, L.L.C. Request
for Comprehensive Guide Plan Change from Medium Density Residential to
Office on 2.39 acres and from Regional Commercial to Office on 4.79 acres,
Planned Unit Development Concept Review on 7.18 acres, Planned Unit
Development District Review with waivers on 7.18 acres, Zoning District Change
from Rural to I-2 on 7.18 acres, Site Plan Review on 7.18 acres, and Preliminary
Plat on 7.18 acres into 1 lot and road right of way. Location: Northwest Quadrant
of Valley View Road and Topview Road. (Resolution No. 2001-22 for Guide
Plan Change, Resolution No. 2001-23 for PUD Concept Review, Ordinance
for PUD District Review and Zoning District Change, and Resolution No.
2001-24 for Preliminary Plat)
Enger said official notice of this public hearing was published in the January 4,
2001,Eden Prairie News and sent to 25 property owners.
Becky Sonmore, project architect with the architectural firm of CMS Equities,
said the company proposed building a two-story, 100,000-square foot office
building. It will have a brick and glass exterior. The project is located north of
Valley View Road and west of Topview Road.
Uram said the project being proposed is by CMS Equities, which developed the
project immediately adjacent to it. They are requesting a Comprehensive Guide
Plan Change from Medium Density Residential to Office. They are also
requesting a height waiver from 30 feet to 34 feet, because they are using a
parapet on top of the building to screen mechanical equipment and for visual
interest. On the western boundary they are requesting a waiver for driveway
setback from ten to zero feet, and this is considered a reasonable request since the
green area from parking to parking on both sites meets the 20-foot separation
required. They are also requesting an increase in office use from 50% to 100%,
which is similar to the building to the west. The Community Program Board
voted 6-0 to recommend approval of the project at the December 11, 2001,
meeting.
Mayor Harris asked if anyone wished to address the Council on this proposal.
Katie Grant, 7203 Topview Road, said she had been a resident of Eden Prairie for
24 years. She said she supported the proposal, except for the entrance driveway
to be connected to Topview Road. She collected 118 signatures on a
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neighborhood petition in just two evenings. There are 112 homes in her
neighborhood. Her main concern is that Topview is a steep, curving road coming
down to Valley View Road. There is a blind intersection at Roberts Drive.
Because of heavy traffic in the morning and evening rush hours, there is a backup
of cars at Valley View Road. Adding more traffic from employees entering and
exiting onto Topview would cause congestion and could be dangerous. There are
also many walkers using Topview; and because the sidewalk is not plowed people
walk in the street in the winter months. Their safety is a cause for concern. Ms.
Grant read a letter from Robert and Jenifer Prince, 13190 Beehive Court,who are
CITY COUNCIL MINUTES
January 16,2001
Page 8
opposed to having access onto Topview Road from the proposed Valley View
Corporate Center.
Another resident of the area,who did not give his name or address, said he was in
total agreement with Ms. Grant. An additional point she did not mention is that
"S"-shaped Topview Road is used by drivers as a short-cut to Baker Road,
through the Cardinal Creek area, and so it is very much used by people who don't
live in the neighborhood. Topview Road has no clear visibility going up or down.
If there has to be another entrance to the corporate center, he would prefer having
it come onto Roberts Road.
Blaine Patrick, 12740 Gerard Drive, said Topview is a steep, winding, narrow
road. Also, this is the primary access for at least three adjacent neighborhoods
going to I-494. This is primary a residential road to and from a major freeway.
There has to be a better place to put an entrance than into a residential area.
Gene Price said he lives on Donlea Lane and is a new resident in Eden Prairie.
He chose this location in which to retire. He believed Eden Prairie had done a
fine job of segregating residential areas from commercial and industrial ones. He
agreed with all that the previous speakers said. There is a lot of pedestrian traffic
through that area. People walk on .the streets even when it is dark. He
recommended keeping traffic on Valley View and not introducing it to a
residential neighborhood.
Jim Duncan said he lives one block west of Topview Road. He believed putting
in a drive leading to Topview from the corporate center complex would cause a
real traffic problem.
MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public
hearing. Motion carried 5-0.
Dietz said there is apparently a lot of concern about traffic in the area. Staff's
recommendation was to have access to the corporate center on Topview Road.
One traffic issue is how to maintain traffic to and from the community north of
Valley View Road. There are only six east-west corridors in Eden Prairie, and
Valley View Road is one of them. The City needs to protect Valley View Road
from side traffic and other disruptions to the traffic. Staff looked at how best to
preserve access to Valley View Road. Another traffic signal is a possibility,but it
would be too close to the next signal. There is a right in,right out on Valley View
Road at the corporate office center,but that does not provide for traffic going east.
There will be about 170 vehicles leaving the corporate center lot in the afternoon,
and about 30 percent will want to go east on Valley View. A driveway at
Topview seemed to be the best possibility. The direction of the traffic going to
and from the complex would be opposite to the direction of traffic going to and
from the Topview neighborhood.
Dietz said traffic projections indicate that by 2015 there will be 320 vehicles
coming from the Topview neighborhood in the peak morning hour and 480 going
CITY COUNCIL MINUTES
January 16,2001
Page 9
into it in the peak afternoon rush hour, 90 of which would be coming into the site.
So the balance between the morning and afternoon would be about the same. In
the afternoon, it is projected that 110 would be coming out of the Topview
neighborhood to Valley View Road, and 80 of those would be coming from the
corporate center. So the combined total in the afternoon from the center will be
less than the volumes in the morning. In the morning there are only 150 vehicles
going up Topview and 90 of those would be turning left into the new corporate
center.
Dietz said altogether it is anticipated only 10 vehicles from the corporate center
will use Topview to go north in the afternoon;most will be going to Valley View
Road to go to the east. The signal at Topview Road and Valley View Road is
being underutilized at present. Traffic is expected grow significantly, and the
only way the City has to keep traffic on the main corridor, Valley View Road, is
to maintain a driveway on Topview. Dietz strongly recommended the entrances
be kept as presented. He believed this will work and the impact to the
neighborhood will not be as bad as the neighbors believe.
Mayor Harris asked if relocation of that entrance further to the north would
alleviate some of the neighbors' concerns. Dietz said,with the site constraints on
the property he didn't believe it was practical to get onto Topview farther to the
north. It is a very difficult site to work with. Because of the City's traffic
analysis staff strongly urges access to Topview Road.
Mosman inquired if staff had looked at the possibility of limiting the access onto
Topview to right-in,right-out. Dietz said they had not. Mosman asked if the City
owns the property east of Topview. Dietz said he believed the City owns an
outlot there. Mosman asked if there was a possibility of using that outlot to widen
Topview and add a turn lane going into the site in order to make it safer. She
lived in that area for a time and agreed the road is steep and dangerous. Dietz said
he believed a dedicated, right-turn lane could be added into the site. Using the
numbers from the traffic study, it is projected that about 90 people would use that
access in the morning.
Butcher agreed with Mosman's suggestion. The third way in and out of the site is
on the far side, which would make Topview appealing for those working at the
corporate center.
Case asked Dietz if consideration could be given to having a median cut and
signal at the main entrance to the corporate center on Valley View Road. Dietz
replied that is County State Aid Highway 39 in this location, and the County is
very concerned about the integrity of the highway. Each time a signal is inserted
into the situation, all the traffic is stopped on the main road. The more delay there
is,the more drivers are willing to take risks. Dietz said he would not want to put
in a signal that the County would not approve of. The volumes being generated
from this site are fairly nominal. The issue is how to get traffic in and out of it as
safely as possible without interrupting traffic on Valley View Road.
CITY COUNCIL MINUTES
January 16,2001
Page 10
Case said he is concerned about the safety issue on Topview. The proposed
entrance would be adding another problem into a situation that already has
problems. Dietz said there will be as much traffic using southbound Topview in
the morning as in the afternoon. This will not overload any one direction of this
roadway to a higher extent than if there were no driveway at all. Case said the
problem is sight lines, a slippery, steep road, etc. If the City owns the land on the
east side of Topview,there should be a couple of ways to fix the problems.
Dietz said the driveway will have a steep grade but will have a level landing at the
top leading onto the road. He believed drivers would be able to see each other
going in and out of the site. When a driver is trying to exit the site, the car will be
sitting on a level spot and the driver would be able to see oncoming traffic.
Case proposed widening Topview Road and creating right-turn lanes for entering
and exiting from the site. Case said without the ability to signalize the main
entrance into the site on Valley View Road and no median cut, he was not
comfortable with the safety issues.
Mosman asked if this project could be turned back to staff to look at the
possibility of improving the safety of Topview Road. She was told that could be
part of the motion included in Council Conditions.
Enger asked if Council planned to grant the First Reading and have these
conditions investigated by staff before the Second Reading. He told the audience
there would be no further notification to the neighbors before the Second Reading
on the third Tuesday in February, and no additional testimony would be taken.
MOTION: Mosman moved, seconded by Case, to adopt Resolution No. 2001-22
for Comprehensive Guide Plan Change from Medium Density Residential to
Office on 2.39 acres and from Regional Commercial to Office on 4.79 acres; and
adopt Resolution No. 2001-23 for PUD Concept Review on 7.18 acres; and
••
approve 1st Reading of the Ordinance for PUD District Review and zoning
District change from Rural to Industrial on 7.18; and adopt Resolution No. 2002-
24 for Preliminary Plat on 7.18 acres into one lot; and direct Staff to prepare a
Developer's Agreement incorporating Commission and Staff recommendations;
and Council conditions to research the possibilities of a right-in, right-out only, or
right-out only, access onto Topview Road, look at the possibility of widening
Topview Road, adding a sidewalk, and any other safety conditions, to come up
with the safest solution.
Discussion followed.
Case inquired about the .19 acre, low-quality wetland along the west property
line. The Staff Report states that part of the required replacement of.38 acre is a
Public Value Credit for the treatment pond and plantings, and part is offsite
wetland creation. Case wondered when the City started using treatment ponds as
mitigation for wetlands and also concerned the plantings. He was concerned
about this precedent.
CITY COUNCIL MINUTES
January 16,2001
Page 11
Dietz said when wetland is mitigated, the general rule is to mitigate 2:1. Using
treatment ponds for Public Value Credits has been done in the past,but can only
be used for half of the replacement, so they end up getting at least 1:1
replacement.
Case said he didn't recall every using a NURP pond as any form of replacement
value for wetlands. Dietz said he believed this has been used on a consistent
basis. It is in accordance with the City's wetland guide for Public Value Credits
only. He agreed to investigate the use of it.
Case said if treatment ponds and plantings can be used for mitigation, that has
major implications for future projects. He expressed his concern and asked to
amend the motion to include a full replacement of.38 acre of wetland mitigation.
Tyra-Lukens agreed. One purpose of NURP ponds is to minimize the impact on
wetlands, and in this case the NURP pond is being called a wetland.
AMENDMENT TO THE MOTION: Case moved, seconded by Tyra-Lukens,
to amend the Council Conditions to include full replacement of .38 acre of
wetland mitigation. The amendment to the motion carried 5-0.
The main motion carried 5-0.
D. ISSUANCE OF MULTI-FAMILY HOUSING REVENUE REFUNDING
BONDS (EDEN GLEN APARTMENTS PROJECT) SERIES 2001
(Resolution No. 2001-25)
Enger said official notice of this public hearing was published in the December
28, 2000,Eden Prairie News
Uram said the City received a request to issue its Multi-Family Housing Revenue
Refunding Bonds (Eden Glen Apartments Project) Series 2001 in an aggregate
principal amount not to exceed $2,490,000, to make a mortgage loan to Eden
Investments Partnership, LLP. The proceeds would be used to pay and redeem
the outstanding principal amount of the previously issued $2,715,000 City of
Eden Prairie, Minnesota, Multi-Family Housing Revenue Refunding Bonds (Eden
Investments Partnership Project) Series 1990. Proceeds from the original note
were used to finance the acquisition, construction and equipping of a 70-unit
multi-family rental housing development,known as Eden Glen Apartments.
Pursuant to the laws of the State of Minnesota, particularly Minnesota Statutes
Chapter 462C, as amended, the Issuer is authorized to carry out the public
purposes described therein by issuing its revenue refunding bonds to refund all or
a portion of the bonds. The bonds and the interest on the bonds shall be payable
solely from the revenues pledged from the project and shall not constitute a debt
of the Issuer.
Mayor Harris asked if anyone wished to address the Council. No one did.
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CITY COUNCIL MINUTES
January 16,2001
Page 12
MOTION: Case moved, seconded by Butcher, to close the public hearing and
adopt Resolution No. 2001-25 Authorizing Issuance of Multi-Family Housing
Revenue Refunding Bonds (Eden Glen Apartments Project) Series 2001. Motion
carried 5-0.
E. VACATION OF RIGHT-OF-WAY FOR PART OF FRANLO ROAD IN
THE SOUTHEAST 1/4 OF SECTION 25 (Resolution)
Enger said official notice of this public hearing was published in the December
28,2001,Eden Prairie News and sent to 1 property owner.
Dietz said the appropriate action would be to close the public hearing only. The
developer needs time to deal with the utilities.
•
MOTION: Butcher moved, seconded by Tyra-Lukens, to close the public
hearing. Motion carried 5-0.
VIII. PAYMENT OF CLAIMS
MOTION: Tyra-Lukens moved, seconded by Case, to approve the Payment of Claims as
submitted. Motion was approved on a roll call vote, with Butcher, Case, Mosman,
Tyra-Lukens and Harris voting"aye."
MOTION: Tyra-Lukens moved, seconded by Butcher, to recess the meeting for ten
minutes. Motion carried 5-0.
Mayor Harris asked Council to deal with the Second Reading of the Anson rezoning
ordinance before the recess.
MOTION: Case moved, seconded by Tyra-Lukens, to reopen the meeting. Motion
carried 5-0.
IX. ORDINANCES AND RESOLUTIONS
A. ANSON REZONING by K. Dawn Anson. 2nd Reading for Zoning District
Change from Rural to R1-13.5 Zoning District on .80 acres. Location: 16850
Duck Lake Trail. (Ordinance No. 1-2001 for Zoning District Change)
MOTION: Tyra-Lukens moved, seconded by Case, to approve 2nd Reading of
Ordinance No. 1-2001 for PUD District Review and Zoning District Change from
Rural to R1-13.5 on.80 acres. Motion carried 5-0.
MOTION: Tyra-Lukens moved, seconded by Case, to recess for 10 minutes. Motion
carried 5-0. Mayor Harris recessed the meeting at 8:50 p.m. and reopened it at 9:00 p.m.
B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
SECTION 2.22 RELATING TO BOARDS, COMMISSIONS, CITIZEN
ADVISORY COMMISSIONS AND TASK FORCES
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CITY COUNCIL MINUTES
January 16,2001
Page 13
Enger said the modifications address two issues: 1) allowing for the appointment
of a Councilmember to a City-sponsored Task Force; and 2) eliminating three
consecutive absences of a Board or Commission member as an automatic
VACANCY, and provides for a process for an advisory body to bring a Board of
Commission member's absenteeism to the City Council's attention.
The Councilmembers found they did not have copies of this resolution in their
packets. Rosow suggested they vote on the First Reading, and the actual
document would be available for the Second Reading.
MOTION: Case moved, seconded by Butcher, to approve First Reading of an
Ordinance amending City Code Section 2.22 relating to Boards, Commissions,
Citizen Advisory Commissions and Task Forces. Motion carried 5-0.
X. PETITIONS,REQUESTS AND COMMUNICATIONS
A. PROPOSAL FROM MICHAEL MCCOLLUM REGARDING LOT AT
9999 TURNBULL ROAD
Michael McCollum said Bob Lambert had suggested he appear before the Council
to present his proposal regarding the lot he owns on Turnbull Road. He owns 8.2
acres, bordering the south edge of the Riley Creek Big Woods and extending to
the River Bluffs. He suggested placing a conservation easement over all his
property south of the MUSA line, most of which is bluffs and Big Woods. This
• would preserve the bluffs and the Big Woods from development. In exchange he
asked for approval to split the 8.2 acres into two four-acre parcels. He wondered
why Bob Lambert recommended against that proposal. McCollum doesn't want
to see houses being built up there and would like to keep development to a
minimum. He said he is moving to Florida and so this offer would not be made
again by him. He believed it would be in the best interests of the City to at least
pursue this proposal.
Mayor Harris asked if McCollum was asking for division of his current eight-acre
lot to have two buildable lots of four acres each. McCollum said that was correct.
Mayor Harris inquired if he was asking the City to purchase the property.
McCollum said no. He would be giving the City the entire river bluff in a
conservation easement.
Mayor Harris said she had some questions about dividing City lots and extending
the MUSA line. McCollum said he was not seeking extension of the MUSA line.
There is already a lot of negative impact on the Riley Creek Conservation Area.
Developers will want to develop his property and he has already been approached
several times about selling to them.
•
Butcher asked if the proposed conservation easement is outside the MUSA line.
McCollum said it is. He will place it in the conservation easement,if it is possible
for him to have one buildable, four-acre lot to use. He said City staff wants him
to donate the property to the City but he could not do that. However, the same
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CITY COUNCIL MINUTES
January 16,2001
Page 14
result would be achieved by placing it in the conservation easement. This will
affect the value of the property.
Lambert said he didn't have any dispute with Mr.McCollum. He has never asked
him to donate any property to the City. They had talked about different options.
Lambert agreed this is a nice proposal. The reason the Council should be cautious
is the City has been very restrictive about allowing subdivision of any lots of less
than ten acres without sewer and water. Once the City allows that, then there is
less rationale to prevent subdivision of other property that has less than ten acres.
The City has an ordinance in place regarding this. He applauded Mr. McCollum
for trying to protect this bluff area. However, the MUSA line protects the area
from development. There is no guarantee water and sewer would ever come in.
If it does,there would be some pressure to develop the area. He believed the City
would have more to lose than to gain by allowing a subdivision of less than ten
acres.
Tyra-Lukens asked Lambert how many land parcels of less than ten acres there
are like this that could come up. Lambert said there might be another dozen or so
on the bluffs.
Dietz said Council went through a very protracted issue on Eden Prairie Road
about property owners seeking building permits on splits to property made years
ago, after the ordinance was in place.
Case said he remembered that issue, which was south of the MUSA line. Mr.
McCollum's property is near the Big Woods area that the City purchased. He
asked McCollum if his property was contiguous with any City-owned land.
McCollum replied that his northern boundary on Turnbull Road is immediately ,
contiguous to the Big Woods. The west half of the property is wooded and the
east half is meadow.
Case asked McCollum if he would be willing to deed over in a conservation
easement 50-to 100 feet off Turnbull Road,which would begin to accomplish the
goal of a buffer to the Big Woods. McCollum replied he had no problem with
putting everything in a conservation easement that isn't immediately required for
•
his own house and the house to be constructed. He would have no problem in
dedicating that as a buffer.
Case said if the City would allow a second house pad to be put in so the City
could get a conservation easement as a buffer, it seems there is an advantage to
having these two homes with a significant conservation buffer, rather than the
possibility of four homes that would take out whatever buffer might be there.
Lambert said he would suggest they obtain additional information on the contours
and trees that are on this property so they can see what kind of tree mass there
would be, because the property is a fairly steep and comes right up to Turnbull
Road. If it is developed now or in the future,there would be some major tree loss
there. When we talk about a conservation easement, we need to agree to what
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CITY COUNCIL MINUTES
January 16,2001
Page 15
language of a conservation easement is because the City's idea might be different
from Mr.McCollum's idea.
Case said his entire goal in this matter would be to protect the Big Woods. He
would be interested in following up on that in years to come. If the parameters of
this deal were so tightly restricted to protecting the Big Woods tree mass, and all
the conservation easement, surely other potential land-splitters would not be able
to meet all of those conditions, and this precedent would be fairly secure. He
didn't believe he had enough information to say either yes or no to McCollum's
proposal. He didn't want the potential for four houses being built here or the Big
Woods being impacted in the future.
McCollum said he and his wife were going to offer the property for sale, so he
wasn't sure there would ever be another house built on the property.
Dietz said it might be well to know that the City may never have to extend
utilities out to that area regardless of what happens in the future. The City doesn't
maintain Turnbull Road, and the more homes put on the property the likelihood is
there would be more pressure to build the road.
Butcher said she was concerned about the Council acting prematurely, because
the land is protected now by the MUSA line. If the City allowed the lot to be split
that would be more detrimental than not doing anything at the present time.
McCollum said there is a lot of pressure to develop very quickly all over
southwest Eden Prairie. That type of property will be heavily developed if it is
within the MUSA line. The City might say it won't ever approve splitting lots,
but the likelihood is someone will buy that property and combine it with other
property, and then some developer will build houses all over the area. If the City
turns down this proposal,McCollum said he will be selling this property.
Mayor Harris said she believed the City has several protections in place to prevent
development of the area.
Case said he would like to have the opportunity to meet with Mr. Lambert to
study this further. He was not comfortable closing the door on the proposal that
night. He would be interested in walking through this area. McCollum said he
would be happy to have any of the Councilmembers walk the area. Mayor Harris
said she might wish to do that also.
B. HARTFORD DEVELOPMENT LAND USE CONCEPT PRESENTATION
Enger said Council heard a conceptual presentation by Rottlund Homes at the
January 2 Council Workshop, on a mixed-use commercial and townhouse plan for
the Hartford property. The plan included 30,000 square feet of commercial space
and 302 townhouses. The City Council asked staff to evaluate the plan. Staff has
been working with Rottlund Homes on the financial analysis. The current
analysis projects that a Tax Increment Financing (TIF) District containing 194
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CITY COUNCIL MINUTES
January 16,2001
Page 16
housing units and 30,000 square feet of commercial space is required to fund a
$2.5 million tax increment note. Total tax increment generated would be $6.8
million, requiring the City to make a local contribution of about $340,000 to the
project. Because of this, staff has suggested to Rottlund that they develop plan
alternatives that would eliminate or reduce the City's financial contribution. Staff
has tried to work with the proponent to understand the real need for the subsidy.
Staff cannot report that it recommends approval of the subsidy. Enger didn't
know if the proponent had any new information to present.
Mayor Harris asked the proponent if he had additional information to present to
the Council.
Richard Palmiter said he was representing David Bernard Builders & Developers,
a division of Rottlund Homes. He said they have a strong interest in doing this
particular project. Since the January 2, 2001, Council Workshop meeting, they
have analyzed the project and are willing to commit to 94 affordable housing
units, or one-third of the project.
Enger asked Palmiter if the affordability component he was referring to is the
Metro Council's affordability index of$134,900, or affordable housing that meets
the City's goals for a qualified TIF district. Palmiter said it would be the Metro
Council's goal of affordability he was referring to. Rottlund has analyzed the
difference between a qualified and non-qualified TIF district. They believe it is
extremely difficult to find people to qualify for affordable housing under the
City's goals for a qualified TIF district. A qualified district restricts income to 70
percent of the median income of the area, which would be an income of$45,000
or less. In order for someone to qualify under those kinds of criteria, Rottlund
would not be able to build a home and market it at this location.
Enger said that is the same position described at the Workshop and does require a
$340,000 equivalent general fund contribution from the City to this project. It
does not meet the goals the City Council has established for affordable housing.
It is for a higher income and market than the City's goals. So Council should be
aware there has been no change from the Workshop presentation.
Palmiter said he believed there is a significant change from the Workshop, when
•
they looked at a non-standard TIF district, which would have restricted buyers to
a particular income level but not to any particular price point of the home. His
company is willing to fix that price point for 94 units. This really drops the price
of the homes to an affordable level, as affordable as the Metro Council has
established with its guidelines for the metro area.
Uram said during staff's discussion of the Hartford Commons project, staff had
presented a number of alternatives to Rottlund of ways to either eliminate or
reduce the City's contribution from a tax-increment standpoint and also try to
reach an affordability index,which is at$134,900. Using 94 units, and based on a
certain set of assumptions, the local contribution has gone from approximately
$350,000 to less than $200,000 cost, which is five percent of the total tax
CITY COUNCIL MINUTES
January 16,2001
Page 17
increment generated. So that is a significant difference from the project presented
at the previous Council Workshop meeting. There are still a number of questions
staff would like to look at before they make an accurate report on what the tax
increment district actually generates.
Palmiter said at the Workshop they had talked in terms of generating$200 million
for a TIF district. In order to do that, about 211 housing units would be part of the
district itself, plus the retail area. Eighty-eight units would not be in the district
itself. They continue to have that same approach, in that they will keep 211 units
within the TIF district but they will keep the price lid of$134,000 on 94 of those
units. For the 94 units people would have to qualify with regard to income and
there would be a price cap. For the other homes in the district there would be no
price cap for the home, but people would still have to have the income
qualification of $68,000 or less. Rottlund has added an extra ingredient by
keeping 94 homes at$134,000.
Uram asked Palmiter if he was still talking about the TIF district including 200+
units. Palmiter replied yes. Uram said he had previously thought Palmiter was
saying the number of units in the TIF district would be 94 rather than 200+, so
that changes what he said before about the City's contribution being reduced, and
Council should disregard it.
Palmiter said Rottlund has tried to accomplish the goals of the City and
appreciates the time staff has spent on this proposal.
Tim Whitten, Senior Vice President for Architecture for Rottlund, explained the
first proposal was for 211 out of 300 units to be in a TIF district. Rottlund's only
•
obligation would have been to sell the 211 units to those to people who earn less
than $68,000, and they would be sold for $160,000. In the new proposal,
Rottlund would sell 94 of those 211 for$134,000 instead of$160,000, so they can
offer the homes to many more people. Regarding other issues, the first question
brought up at the Workshop meeting was if they could increase the density on that
site and thereby absorb the land cost. Whitten said there is a point where density
doesn't help them anymore. The density can be increased by making the units a
little smaller or go higher in structure. Once you go smaller the price has to be
reduced; once you go higher construction costs go higher and also there are code
issues. But the bigger problem is it changes the parking structure. Once they go
to a single-car garage their opportunity to sell homes for a certain price gets cut
off. The number they can sell does not increase. They have found having 20-22
units per acre creates the most money they can put into the land. The second
question was on whether they could move some of the product type around on the
site. What they found is that the difference in cost per acre between the retail and
the residential isn't great enough to make it feasible to move the product around.
There was a question from staff on the issue of setbacks and parking ratios. They
did a site analysis that is available for review.
Palmiter said he would try to describe the project itself and what the City would
receive and give and what Rottlund would give. The City would receive 94
CITY COUNCIL MINUTES
January 16,2001
Page 18
affordable housing units. In addition approximately 100 more units would be
moderately priced and buyers would have to qualify according to an income of
$68,000 or less. The City would receive a neighborhood retail center of
approximately 30,000 square feet that would fit well into this community. The
City would receive administrative fees off the district of an unknown amount.
The City would establish a $2.5 million TIF non-qualified housing district. In
addition, there would be a local contribution of $340,000 over a 15-year term,
which equates to a maximum of$31,000 per year. Palmiter said these numbers
came from Springsted, the City's financial adviser. According to Rottlund's
calculations, it appeared the number of years before the City would break even
would be close to 22 years rather than 40 years, as City staff said. The residential
section creates more taxes than the commercial would, so the City is further ahead
having residential rather than the Hartford Place's 150,000-square-foot retail
center. Rottlund is taking a marketing risk by offering moderate-income housing.
This is the most expensive land Rottlund has ever purchased. Rottlund would
have to find somebody to do the commercial development for them and would
take on that responsibility. There is a bond obligation also. This is a pay-as-you-
go instrument, which means Rottlund is funding the dollars for this project, not
the City, and they will receive a return on their investment over the next 15 years
as money is being generated from the TIF itself. They would try to find buyers
for a bond that may or may not be marketable. Finally, Rottlund is making a
commitment to design new product types which they have not built before and
which they believe are cutting edge; good quality housing with distinctive
designs.
Mayor Harris asked staff if all this information is so new they need to analyze it
further. Uram responded staff could not give an opinion on the proposal at that
time. He has not seen the project in its entirety, and from the TIF standpoint he
did not know what the final product will be.
Mosman asked why TIF is needed over the whole piece of property and not just
on the affordable housing portion. Uram replied he believed the reason Rottlund
is putting the TIF district around the whole area is to generate the $2.5 million
debt they say they have in doing the project.
Palmiter said the 88 units will not be included in the TIF district and could be sold
to anyone at any price.
Butcher said this is a great mixed-use development and looks better with the
affordable component. She appreciated the moderately priced housing component
because it attracts young people to the City. Her concern was it would set a
somewhat dangerous precedent to have a TIF district that is non-qualified because
Rottlund is subsidizing some of the housing that doesn't fit into the City's
standards for affordable housing. It is difficult to comment about this until City
staff looks at it in full. She realized the neighborhood liked it and it meets some
of the City's goals.
CITY COUNCIL MINUTES
January 16,2001
Page 19
Palmiter said they have a short time frame for receiving approval from the City.
They have a property owner who wants to go forward with the commercial
component. However, he needs to know that this project will work for the City
and is acceptable to the City. They needed to know that night.
Mayor Harris said the philosophical issue is of subsidizing what could be market-
rate housing. She liked the project. The issue is that of setting a real precedent
for the future. The City needs both kinds of housing but questioned if it should be
using public dollars to subsidize the housing in this project.
Palmiter said what helps to offset the affordable housing is the other units. Some
units are non-subsidized. They are providing a great benefit to the City.
Tyra-Lukens said that is a good point; it is getting harder to provide affordable
housing in the City and they may have to consider this type of project.
Mayor Harris said the problem is the City has so many other needs it is looking at
right now and this is a diversion of the City's revenue stream. The property could
be developed totally as commercial and be profitable. They would like to have
residential,but this project is not quite working for the City.
Butcher said this is an important question for the Council because it is about the
policy of the City, because if one developer asks the City to subsidize housing
that could be sold at market rate, other developers could come after them for the
same.
Palmiter said they are providing a certain number of affordable and a certain
number of moderately priced homes in an environment that would be hard to
achieve again. They have been in other areas around the Twin Cities where the
neighborhood doesn't accept those types of housing and this neighborhood does.
There would be many different types of people living here. If this situation were
repeated again and again, the City would have the opportunity to provide as much
affordable housing as it wished.
Whitten said in almost every project they do with TIF financing, a portion is retail
to support the affordable housing. Even the other portion of the housing on this
project has a restriction of$68,000 income. Rottlund does a lot of projects like
this one. Having neighbors supporting affordable housing is very unique in this
particular location.
Case asked if the affordable housing component is lost on resale, because the
$160,000 town home is being sold for $134,000 originally. Whitten replied they
would work with the City and put some sort of hook on the mortgage so that
wouldn't happen.
Case said supposedly this would just cost the City $31,659 a year according to
Rottlund's numbers. He asked Uram, if he looked at the $15 million value of the
four, small commercial boxes approved and ready to be built on this site, and
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CITY COUNCIL NIINUTES
January 16,2001
Page 20
compare the tax base off that to the tax base generated from the 106 non-TIF
homes with the retail portion, and then subtracted the $31,659, what would that
show compared with the four, small commercial boxes? Uram replied he couldn't
respond to that because he didn't know what this project generates. Using current
tax rates, the approved commercial project would generate about $675,000 in
taxes. Case asked, when they take the non-TIF homes and put it with the
commercial, and look at how much that generates, if it is possible the City would
be close to a wash now,but in 15 years would have a great gain. Then the City is
better off and would get the housing variety it wants. He said the Council needs
those numbers to help make a decision.
Mosman said it appeared that the numbers they received that night vary from the
numbers the Council had before. The Council will have to tell the proponent to
go back and work with staff. She asked Whitten,with the piece of property being
where it is, could Rottlund be putting very expensive town homes on this site and
have them sell? Whitten replied the difficulty is that with this density, Rottlund
can't push the dollars up enough because of the number of units per acre.
Whitten said he was confused because this is the same proposal and the same
numbers they presented before at the Workshop on January 2. They hadn't
changed the number of units and the numbers to generate for $2.9 million in tax
increment. These were the same numbers run by Springsted. He asked Uram if
he had that run. Uram replied he has seen so many different runs he didn't know
which run Whitten was referring to. Whitten said it was dated December 28.
Enger said staff has not seen this information in this format. He couldn't recall a
situation where staff came to the Council with this degree of detail without having
had a chance to examine it. Palmiter described the change in the proposal and
staff hadn't reviewed that change or which of Springsted's runs would reflect that.
Mayor Harris said the Council had already indicated its interest in the project.
However, the Council is trying to determine what the City's responsibility would
be if the project should go forward and the set of issues about subsidizing what
could be market rate housing. She asked staff to come up with something the
Council can understand to get a better fix on the numbers.
Enger said staff will do that. However, there is the prospect of housing that meets
the affordability index of the Metro Council but not of HUD, and he would call it
a $340,000 Delta that the City has to come up with. His position, from a policy
standpoint, is whether Council is willing to come up with$340,000 out of pocket,
because that is different from the tax increment. The City has not done that
before and they have not determined where that money would come from. He
asked if Council would be interested in doing that.
Mayor Han-is asked if Council wanted to continue this item. This isn't going
through the City's normal planning process and she was concerned with the
directions Council would give. She was still struggling with what she considered
a philosophical issue regarding subsidizing market-rate housing.
CITY COUNCIL MINUTES
January 16,2001
Page 21
Tyra-Lukens said she agreed that spending$340,000 to gain 94 units is a little too
much. She would like to see scenarios where that amount could come down.
Enger said there is a resident who asked to speak at the January 2 Council
Workshop and has asked to speak at this Council meeting.
Laura Bluml, 10540 West Riverview Drive, said she agreed with some of the
information presented to the City Council. However, she strongly objected to
subsidizing the project. This is not about the neighborhood wanting affordable
housing; it wants a residential area adjacent to them rather than the retail that was
approved for this site. They should have found out when they were purchasing
their property that there was going to be a commercial area adjacent to the
neighborhood. She believed the concern should be about how Eden Prairie
Center is going to be supported. It would be supported best by having more retail
businesses around it. She wondered if the people living in these low-income
houses would have disposable income to spend at Eden Prairie Center. These
people will be using the roads, putting more people on the roads, adding to the
traffic congestion. What the neighborhood loses are the shopping opportunities
they have been looking forward to. She wondered how these homes are going to
be valued for tax purposes and if the houses would still be affordable
Mayor Harris said this matter could be deferred to a date certain, or put it in the
regular planning process.
Mosman said she didn't think the Council could make a decision that evening
because Councilmembers don't have a real understanding of it. She believed the
Council has wanted to have this type of housing development close to the City
Center. She would like to pursue it and recommended continuing this as soon as
possible.
Mayor Harris said at that time Council would have to give them its decision.
Case asked how could $60 million of value for this property not be able to
generate the tax base necessary to avoid a TIF district or, at the very least,
minimize it, if a$15 million commercial project already approved for this site can
pay its way. He asked if this $31,000 a year is a net cost, after everything else on
the balance sheet has been subtracted, and the 106 homes outside the TIF and the
commercial portion have been added in. Enger responded that for a non-qualified
TIF district the City would always have to pay an out-of-pocket contribution of
five percent of the total TIF district. Case said he would like to see a balance
sheet and compare that with the $15 million project. Enger asked if Case wanted
to know how many years past a TIF district the City can break even. Case said he
would like to know if it is 22 years or 40 before the City breaks even.
Palmiter suggested staff have Springsted prepare that information and see how
many years it would take to break even. Palmiter said he would be willing to
come back to the next Council meeting on February 6 and, in the meantime, they
will work with staff and go through the various issues. Council needs to decide if
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CITY COUNCIL MINUTES
January 16,2001
Page 22
it is willing to do a non-qualified district and the money to do that. The only new
information would likely be how long it would take for the City to break even.
•
•
Butcher said that would give the Council a chance to discuss if it wants to change
the current policies. She believed everyone was feeling frustration. This proposal
is being handled differently in terms of the usual process the City follows. When
a proposal goes through staff and then the Community Planning Board, Council
has a lot of information to help make a good, prudent decision. She hoped the
Council would not have to handle future proposals this way again.
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
Councilmember Mosman's Request to Determine the Structure of the
Meeting on February 10,2001 Regarding Expansion of Flying Cloud Airport
Mosman said she wanted to discuss the structure of the public hearing,who would
be invited and the time frames. The purpose would be to look at all the different
options to protect the City and the residents. Her assumption,was that would be to
control, limit or stop the expansion of the airport, and that the Council would not
be hearing new arguments on why it should support the airport expansion.
Mayor Harris said the City has an official position based on what it has supported
over the years. However, her understanding was that the Council was going to
make a determination based on new information that may or may not reshape its
position. It is possible to control a public hearing, and this is done by defining
very specifically the amount of time people have to testify. At the last meeting,
Council identified groups that would be invited, which included the Flying Cloud
Airport Commission because that group has worked most closely with the airport
on this matter. The conversation steered toward having a public hearing and,
therefore, it could be structured the way the landfill public hearing was structured,
when various groups were identified and the amount of time they had to make a
presentation.
Case said, with due respect to the Mayor, she was reading into this her past
Council experience on other issues. If the Council is holding a hearing to
•
determine what it wanted to do, that would be a different matter. However, this
Council is far beyond that point with regard to the expansion of Flying Cloud
Airport. Case believed what was needed was a report from the City staff and a
report from the Flying Cloud Airport Commission. They need to hear from the
City's legal counsel to know what the options are, and advice on a potential
lawsuit. They might need to seek outside legal counsel also. Case said he
believed they need to move in that direction with this public hearing and center it
CITY COUNCIL MINUTES
January 16,2001
Page 23
on the lawsuit issue. Time is getting short and they need to make a decision
quickly.
Tyra-Lukens said she agreed. She didn't want to hear a cost-benefit analysis
about the airport expansion from the Chamber of Commerce, for example. The
City is beyond that point.
Mayor Harris said she was not sure all alternatives have been exhausted. Not
inviting other groups to speak doesn't preclude all the options that might be
available to the Council,but she had serious concerns about moving ahead before
they have all the information possible.
Tyra-Lukens said they have that information in the EIS. She wanted to be ready
• and be educated about litigation prior to the time they need to make a decision.
Mosman said she believed all the groups invited would be going along with how
to protect the City against the possible expansion. There are not necessarily just
legal issues to consider, but there are other issues they should be looking at.
Mosman said the Riley-Purgatory-Bluff Creek Watershed District should have
been added to the list of groups to be invited.
Butcher said she understood the motion that passed at the previous meeting was to
hold a public hearing for the purpose of data collecting and evaluation.
Case said he seconded the motion because it was to discuss legal options to fight
the expansion. The emphasis needs to be on how the City can equip itself to fight
the airport expansion. All the groups coming should come with information on
how to stop that from happening.
Enger said his recollection of the last meeting is that he asked for clarification
about what groups the Council wanted to invite, and he didn't want to leave it to
the discretion of the staff.
Mayor Harris said the first part of the meeting is to listen for new information and
the second part is to meet with our legal counsel afterward. She didn't want to
confuse the two parts. That's why she suggested meeting with legal counsel after
and not before. She agreed with Mosman that these groups listed in the motion
could come and tell the Council their concerns. She said the primary presenter
would be the Flying Cloud Airport Advisory Commission
Rosow said listening to this discussion of how the Council wants to have this
meeting,it seemed to him that a public hearing does not suit the Councilmembers'
purpose, and they should not hold it if they don't want to hear all the options.
That is what they will have if they invite all those groups, and it would be hard to
control what they say. It would be appropriate to have a joint meeting with the
City's Flying Cloud Airport Advisory Commission and the public,because it is an
open meeting, but not let anyone speak unless spoken to. Council would invite
the public to make presentations in the way it wishes.
CITY COUNCIL,MINUTES
January 16,2001
Page 24
Case said he would like this meeting to be educational, bringing the Council up to
date on how to fight the expansion, so he agreed that a public hearing didn't fit in
with that. He asked Rosow if they could withdraw the public hearing motion
made at the January 2 meeting. Rosow said a new motion should be made.
MOTION: Mosman moved, seconded by Case, that the meeting by the Council
on February 10, 2001, be a special meeting open to the public to which the
following specific groups are invited to make presentations to the Council with
respect to the City's options to oppose the expansion of the Flying Cloud Airport:
the Flying Cloud Airport Advisory Commission, City staff members Scott Kipp
and Don Uram, the U.S. Fish and Wildlife Services, the Riley-Purgatory-Bluff
Creek Watershed District, the Lower Minnesota Watershed District, the citizen
group Zero Expansion, and former Representative Barb Haake. At the end of the
above presentations, other persons who wish to provide input on this topic would
be allowed to speak for two-to three minutes. A hearing officer will moderate the
meeting. Motion carried 5-0.
. B. REPORT OF CITY MANAGER
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
1. Task Force for Purgatory Creek Recreation Area Entry
Lambert said staff is recommending the City Council consider appointing
•
a citizens task force to assist City staff and a consultant in developing the
program for the Purgatory Creek Recreation Area Entry and the concept
design of the park entry based on the program. The Council may wish to
consider including on the task force a representative of the City Council,
two members of the Program Board, two members of the Planning Board,
one member of the Parks and Recreation Citizens Advisory Commission
and two residents at large. Lambert said the task force would begin
meetings in February and submit final recommendations to the City
Council in July. The Riley-Purgatory-Bluff Creek Watershed District is
ready to dredge north of the creek. He hopes this will be a joint project
with the watershed district in developing the first phase of the park.
He anticipated the task force would submit three alternate concept plans to
the Program Board, the Planning Board and the City Council to provide an
opportunity for input during the process prior to submitting a final
recommendation in July.
Mayor Harris said they don't have to appoint specific people that night,
but the Councilmembers could come back to the next meeting with
suggestions.
Tyra-Lukens said it would be a nice thing to do to get the opinion of the
Southwest Metro Transit Commission. Lambert said staff would contact
the Southwest Metro Commission representatives, as well as ADC
•
CITY COUNCIL MINUTES
January 16,2001
Page 25
Telecommunications and other companies nearby, on what they feel is
important and how they would use the entry area, and the potential for
nodes around this area that perhaps would be developed in the future, or
that homeowners in the area may want to build in the future. Tyra-Lukens
said she would like to keep Southwest Metro apprised of the process.
Enger said the Council would be involved at the beginning, middle and
end of the process. The Boards and Commissions will be used. The most
important part of this is whether or not the Council feels the mission and
charter of the task force is what it wants to see.
MOTION: Tyra-Lukens moved, seconded by Mosman, to create a PCRA
Task Force and adopt a mission and charter; and to authorize a Request for
Proposal for consultant services for Developing the Program and Design
of the Purgatory Creek Area Entry.
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
1. I-494 Update and Authorization for Consulting Services
Dietz said the Minnesota Department of Transportation has completed its
final Environmental Impact Statement (EIS) on adding a third lane in each
direction on I-494—east of TH 212 in 2003 and north of TH 212 in 2007.
In Eden Prairie that means there will be a third lane in each direction,
north and south of TH 212. The state has not studied the impacts of not
providing an entry at Prairie Center Drive. It is important to the area to
have full access there. The City sent a letter to MnDOT stating these are
needs that have been long identified. Dietz didn't think there is any
possibility of adding access as part of the third-lane project, but MnDOT
has agreed that they will look at it for a future project. MnDOT proposes
to bring the final layout plans for these two projects to the Council for
approval in the spring. Unfortunately, coming to an agreement on how
best to provide access to the Market Center Area will not receive the kind
of attention, due to the timing, that staff believes it deserves.
Dietz said that is why he is asking the Council for authorization to select
and hire an engineering consultant to select alternatives that may exist for
additional access to the Market Center Area. The goal will be to develop
ideas on solutions to the problem, in preparation for meeting with MnDOT
in February. Dietz plans to meet with the consulting firm SEH later in the
week to discuss a contract.
The last issue that Council should be aware of is the change in design
requirements for the installation of noise walls. The Draft EIS
contemplated two noise walls — one near the motels at TH 212/I-494 and
CITY COUNCIL MINUTES
January 16,2001
Page 26
the other along the westerly side of I-494, north of Valley View Road.
The current MnDOT design standards and associated analysis do not
support the installation of either wall and therefore they are not being
proposed. A noise wall near the motels would be beyond the City's
expectations; however, the other noise wall would have been for the
benefit of some of the residents in the Topview neighborhood. This is
likely to be an issue that MnDOT will have to address at the informational
meeting with area residents on February 12 at Central Middle School,
where there will be an opportunity to come and see the project.
MOTION: Mosman moved, seconded by Butcher, to approve staff
solicitation of professional services for preliminary design of improved
access to the Market Center Area from I-494 and authorize the Mayor and
City Manager to execute the resulting professional services agreement.
Motion carried 5-0.
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
John Mallow, 14000 Forest Hill Road, had asked to make a presentation regarding the
City's responsibility for the sale of alcohol and what that entails regarding selling to
minors. He said the City had failed in that responsibility. It is also responsible for
protecting innocent citizens from those who would abuse alcohol. Mr. Mallow noted that
the City authorized a $10,000 contribution toward the Minnesota Municipal Beverage
Association (MMBA) and the Minnesota Licensed Beverage Association (MLBA) to
lobby against legislation for the sale of wine in grocery stores. However, he said that the
MMBA is also lobbying against reducing the legal limit of blood alcohol to .08 for
. issuing a DWI. The reason the MMBA is lobbying against this is the economic impact to
businesses selling alcoholic beverages. Police Chief Clark said this legislation would not
result in more arrests but the perception would change people's attitude.
Eden Prairie sold $7.2 million worth of alcohol at its liquor stores last year, with a net
profit of around$500,000. Mallow said if the MMBA does not represent what is best for
the City, then why should it belong to that organization. He asked the City to drop its
membership in it.
Case responded that the MMBA is the City's lobbying group and usually lobbies well for
the City. Case said he supports legislation lowering the blood alcohol level to .08, and
would support the Mayor writing a letter to the MMBA expressing the City's concern and
disagreement with them on this issue. The Council is not aware of all the stands the
MMBA takes on various issues; however, Case would not drop its association with that
group because it benefits the City.
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CITY COUNCIL MINUTES
January 16,2001
Page 27
Mayor Harris said she believed it was appropriate that the City takes a position that is
different from what the MMBA lobbies for regarding blood alcohol legislation. The City
should express its disagreement with the MMBA by means of a letter. Mayor Harris said
she is on the National Committee to Keep Children Alcohol Free. Tyra-Lukens said she
would like copies of the letter to go to all state legislators.
MOTION: Case moved, seconded by Tyra-Lukens, to have the Mayor send the
Council's support for the bill to lower the legal limit of blood alcohol content to .08 to
both the MMBA and all state legislative representatives. Motion carried 5-0.
XV. ADJOURNMENT
MOTION: Butcher moved, seconded by Case, to adjourn to a closed session to discuss
pending litigation. Mayor Harris adjourned the meeting at 11:40 p.m.
•
a3-
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 6,2001
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development Clerk's License Application List
&Financial Services/ ,
Gretchen Laven
These licenses have been approved by the department heads responsible for the licensed activity.
Cigarette & Tobacco Products
Hops of Minnesota,Ltd.
D.B.A.: Hops Restaurant Bar&Brewery
Raffle
Organization: Eden Prairie Foundation
Date: February 24th, 2001
Place: Bearpath Golf& Country Club
Solid Waste Collector
Metro Disposal
•
- 1 -
•
CITY COUNCIL AGENDA
DATE: 02/06/01
SECTION: Consent Agenda
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Donald R. Uram Entrevaux
Scott A. Kipp
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District
Change from Rural to R1-13.5 on 30.5 acres; and
• Approve the Developer's Agreement for Entrevaux.
Synopsis
This project includes 41 single-family units and 3 outlots located at the northwest corner of
Pioneer Trail and Bennett Place.
Background Information
The City Council's November 21, 2000 approval of this project was conditioned upon the
maintenance of the landscaped median and boulevards as shown in the approved plans is the
responsibility of the Homeowner's Association. Also, that easements are provided to the City
for portions of the sidewalk that extend on to private property. These issues are addressed in the
Developer's Agreement.
Attachments
1. Ordinance for PUD District Review with waivers and Zoning District Change
2. Developer's Agreement
ENTREVAUX
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 04-2001-PUD-01-2001
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 Zoning District
04-2001-PUD-01-2001 (hereinafter"PUD-01-2001-R1-13.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of February 6, 2001, entered into between Pemtom Land
Company, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The
Developer's Agreement contains the terms and conditions of PUD-01-2001-R1-13.5, and are
hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-01-2001-R1-13.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-01-2001-R1-13.5 is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-01-2001-R1-13.5 are justified by the design of
the development described therein.
D. PUD-01-2001-R1-13.5 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
•
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be
included hereafter in the Planned Unit Development PUD-01-2001-R1-13.5 and the legal
descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,
subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
21st day of November, 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 6th day of
February, 2001.
ATTEST:
Kathleen A. Porta, City Clerk Jean L. Harris,Mayor
PUBLISHED in the Eden Prairie News on
3
Exhibit A
Entrevaux
Legal Description:
PUD District Review and Rezoning to R1-13.5
That part of the Northeast Quarter of Section 26,Township 116, Range 22 and that part of
Tract A, REGISTERED LAND SURVEY NO. 1032, files of the Registrar of Titles, both in
Hennepin County, Minnesota, described as follows:
Commencing at the southeast corner of said Northeast Quarter;thence North 00 degrees 50
minutes 32 seconds West, assumed bearing along the east line of said Northeast Quarter, a
distance of 338.40 feet to the centerline of County Highway No. 1, as shown on HENNEPIN
COUNTY RIGHT OF WAY PLAT NO.6, according to the recorded plat thereof; thence North
84 degrees 29 minutes 20 seconds West, along said centerline, a distance of 10.50 feet;
thence North 00 degrees 34 minutes 55 seconds West, a distance of 28.88 feet to the point
on the northerly right of way of said County Highway No. 1; thence North 84 degrees 32
minutes 08 seconds West, along said northerly right of way, a distance of 1.61 feet; thence
North 06 degrees 20 minutes 16 seconds East, a distance of 13.29 feet; thence North 00
degrees 34 minutes 55 seconds West, a distance of 110.19 feet to the actual point of
beginning of the land to be described; thence continuing North 00 degrees 34 minutes 55
seconds West, a distance of 615.22 feet;thence South 89 degrees 41 minutes 34 seconds
West,a distance of 133.06 feet; thence North 00 degrees 50 minutes 32 seconds West, a
distance of 120.01 feet to the point on the south line of Lot 6, Block 4, PURGATORY ACRES
3RD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota;
thence South 89 degrees 41 minutes 34 seconds West, along said southerly line, a distance
of 19.06 feet;thence North 55 degrees 57 minutes 41 seconds West,a distance of 102.42
feet; thence North 79 degrees 27 minutes 03 seconds West, a distance of 140.32 feet;
thence North 42 degrees 52 minutes 45 seconds West, a distance of 110.00 feet; thence
North 55 degrees 03 minutes 09 seconds West, a distance of 128.52 feet;thence North 67
degrees 27 minutes 14 seconds West, a distance of 126.37 feet; thence North 13 degrees •
16 minutes 40 seconds West, a distance of 362.51 feet; thence South 88 degrees 43
minutes 44 seconds West, a distance of 87.85 feet; thence South 50 degrees 07 minutes 40
seconds West, a distance of 214.38 feet; thence North 88 degrees 35 minutes 33 seconds
West, a distance of 116.87 feet;thence South 51 degrees 00 minutes 27 seconds West, a
distance of 185.71 feet; thence North 35 degrees 08 minutes 38 seconds West, a distance of
20.00 feet more or less to the centerline of Purgatory Creek as platted on WELTERS
BROOKHAVEN FARM, according to the recorded plat thereof, Hennepin County, Minnesota;
thence southerly and southeasterly along said centerline to the northerly line of Highway
Easement as described in Document No.3206747; thence easterly, northeasterly and
northerly along said northerly line to the point of beginning and there terminating.
TOGETHER WITH:
Outlot D,WELTER PURGATORY ACRES 1ST ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota.
y
ENTREVAUX
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 04-2001-PUD-01-2001
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 the northwest corner of
Pioneer Trail and Bennett Place from the Rural Zoning District to the R1-13.5 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.)
5
DEVELOPER'S AGREEMENT
ENTREVAUX
THIS AGREEMENT is entered into as of February 6, 2001,by Pemtom Land Company,
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 33.09 acres,Planned Unit Development District Review with waivers and Zoning District Change
from Rural to R1-13.5 on 30.5 acres, and Preliminary Plat of 33.09 acres into 41 single-family lots,
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 and Zoning District change from Rural to R1-13.5, 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 stamp dated November 8, 2000, reviewed and approved by the City Council on
November 21,2000, and identified on Exhibit B attached hereto, 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. 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.
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. DNR FISH CONTROL STRUCTURE SAFETY RAILING: Prior to any building permit
for the Property,Developer shall submit to the Parks and Recreational Services Director and
obtain the Director's written approval of detailed plan for construction of a safety rail or
fence along the DNR fish control structure located in Purgatory Creek.
Developer shall complete implementation of the approved safety rail or fence plan prior to
building permit issuance.
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 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.
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.
7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City
Forester and receive the City Forester's written approval of a plan depicting construction
grading limits on the Property. Prior to the issuance of any land alteration permit,Developer
shall place a construction fence on the approved construction grading limits. Developer shall
notify the City and watershed district 48 hours in advance of grading so that the construction
limit fence may be field inspected and approved by the City Engineer and City Forester.
Developer shall maintain the construction limit fence until written approval is granted by the
City to remove the fence.
8. HOMEOWNER'S ASSOCIATION DOCUMENTS: Prior to the release by the City of any
final plat for the Property, Developer shall submit Homeowner's Association Declaration of
Covenants documents to the City for review and approval by the City Planner. The
Homeowner's Association documents shall include, but not limited to, maintenance of the
landscaped median in Olympia Drive, maintenance of all monument signs, maintenance of
landscaping and boulders in the public right of way, an easement in favor of the City for the
construction and maintenance of all public sidewalks on private property, architectural control,
including, but not limited to, building colors, building style and roof lines, and such other
matters as are normally contained in such documents.
Prior to issuance of any building permit for the Property,Developer shall submit evidence to
the City Planner that the approved Homeowner's Association Declaration of Covenants
documents have been filed in the Hennepin County Recorder's/Registrar of Titles' Office.
9. PARK DEDICATION: Developer agrees that,prior to issuance of any building permit for
the Property, Outlots A, B, and C, as depicted on Exhibit B, attached hereto, shall be
dedicated to the City in accordance with the terms and conditions of Exhibit C, attached
hereto.
10. PROTECTION OF HISTORIC FEATURE: Prior to release of any final plat for the for
the Property, Developer shall submit to the City Engineer and receive the City Engineer's
written approval of an historic preservation easement over that portion of Lots 16 and 17,
Block 2 of the Property depicted in Exhibit B for historic preservation purposes, and in
accordance with the terms and conditions of the Agreement attached as Exhibit E.
Prior to issuance of any building permit for the Property,Developer shall submit evidence
to the City Planner that the approved historic preservation easement has been filed in the
Hennepin County.Recorder's/Registrar of Titles' Office.
11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the R1-13.5 Zoning District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD
A. Front yard setback of 25 feet for Lots 9, 11, and 15,Block 2. City Code requires 30
feet.
B. Lot frontage on a corner lot of 81 feet for Lot 14,Block 3. City Code requires 100
feet.
C. Two area identification signs at the site entrance at Bennett Place. City Code permits
one entry monument sign per site access.
12. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any 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 as depicted in
Exhibit B, attached hereto:
A. A five-foot wide concrete sidewalk to be located on the west and south side of
Olympia Drive.
B. A five-foot wide concrete sidewalk to be located on the west side of Bennett Place.
C. A five-foot wide concrete sidewalk to be located on the north,west and south side
of Entrevaux Drive.
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 per it. 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. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of public 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, sanitary
sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent
of construction value shall be paid to City by Developer. The design engineer shall provide
daily inspection, certify completion in conformance to approved plans and specifications and
provide record drawings.
15. TREE LOSS-TREE REPLACEMENT: There are 4,890 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 1,879
diameter inches. Tree replacement required is 960 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 960 caliper inches. The
approved tree replacement plan shall be consistent with the quantity,type, and size of plant
1
materials shown on the tree replacement plan on Exhibit B. Developer shall furnish to the
City Planner and receive the City Planner's approval of a tree replacement bond equal to
150%of the cost of said improvements as required by City Code.
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.
16. WETLAND PLAN:
A. Wetland Buffer Strip Vegetation Evaluation: Developer shall address the
unacceptable vegetation identified in the Wetland Buffer Strip Evaluation Report
("Buffer Report"), dated September 26, 2000. The wetland buffer strip shall be
graded and reseeded or replanted (thereon known as "Landscaping", or
"Landscaped")by the Developer as described in the Buffer Report. The Developer
shall submit a signed statement by a qualified wetland consultant, as determined by
the City Manager, stating that the wetland buffer strip vegetation complies with all
City requirements within 30 days of completion of the Landscaping of the wetland
buffer strip.
Developer shall also submit a signed contract with a qualified wetland consultant,as
determined by the City Manager,to submit a final Buffer Report. The final Buffer
Report shall evaluate the wetland buffer strip vegetation after completion of two full
growing seasons and shall evaluate the wetland buffer strip vegetation to determine
if the wetland buffet strip vegetation remains in compliance with all City
requirements. If any unacceptable vegetation is identified, the buffer shall be
landscaped by the Developer within 90 days of submission of the final Buffer Report.
B. Conservation Easement: Prior to release of the final plat for any portion of the
Property, Developer shall submit a Conservation Easement (Exhibit F) for review
and written approval by the Environmental Coordinator, for the area delineated on
Exhibit B.
Prior to release of the first building permit for the Property,Developer shall submit
evidence to the Environmental Coordinator that the approved Conservation Easement
has been filed in the Hennepin County Recorder's/Registrar of Titles' Office.
C. Wetland Buffer Strip Monuments: Prior to release of the first building permit for
the Property, Developer shall install all wetland buffer strip monuments for the
property. Wetland buffer strip monument locations shall be shown on the final
grading plan. Removal of the wetland buffer strip monuments is prohibited.
10
D. Wetland Plan/Performance Bond: Developer shall submit to the Environmental
Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan
prior to issuance of the land alteration permit. The approved Wetland Plan shall be
consistent with the materials shown on Exhibit B.
Developer shall furnish to the Environmental Coordinator and receive the
Environmental Coordinator's approval of a Wetland Plan performance bond, cash
escrow, or letter of credit with a corporation approved by the City Manager or other
guarantee acceptable to the City Manager equal to 150%of the cost, as estimated by
the City Manager, of completing said Wetland Plan requirements and/or Landscaping
as depicted on Exhibit B and as required by City Code. Said performance bond, cash
escrow, letter of credit or other guarantee shall cover two full growing seasons
following completion of the development.
•
I '
CITY COUNCIL AGENDA
DATE: 02/06/01
SECTION: Consent Agenda
SERVICE AREA/DIVISION:
Community Development ITEM DESCRIPTION: ITEM NO.:
Donald R.Uram
Krista R.Flemming Bluffs East 17th Addition ' C ,
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for PUD District Review with waivers and Zoning District
Change from Rural to RM-6.5 on 5.78 acres; and
• Adopt the Resolution for Site Plan Review; and
• Approve the Developer's Agreement for Bluffs East 17th.
Synopsis
This project is 32 two-story townhomes located in the southeast corner of Pioneer Trail and
Franlo Road.
Attachments
1. Ordinance for PUD District Review with waivers and Zoning District Change
2. Resolution for Site Plan Review
3. Developer's Agreement
1
BLUFFS EAST 17TH
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 05-2001-PUD-02-2001
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-6.5 Zoning District
05-200 1-PUD-02-2001 (hereinafter"PUD-02-2001-RM-6.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of February 6, 2001, entered into between The Bluffs
Company, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The
Developer's Agreement contains the terms and conditions of PUD-02-2001-RM-6.5, and are
hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-02-2001-RM-6.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-02-2001-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-02-2001-RM-6.5 are justified by the design of
the development described therein.
D. PUD-02-2001-RM-6.5 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District, and placed in the RM-6.5 Zoning District and shall be
included hereafter in the Planned Unit Development PUD-02-2001-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
7th day of November, 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 6th day of
February, 2001.
ATTEST:
Kathleen A. Porta, City Clerk Jean L. Harris,Mayor
PUBLISHED in the Eden Prairie News on
3
Exhibit A
Bluffs East 17th Addition
Legal Description:
That part of the Southeast Quarter of Section 25, Township 116,Range 22 lying Westerly of a line
drawn North at a right angle to the South line thereof from a point thereon distant 687.20 feet East
of the Southwest corner of said Southeast Quarter and Southerly of the centerline of County State
Aid Highway No. 1 shown as a survey line on Hennepin County Highway Plat No. 6, except that part
lying South of the North line of the plats of MARK CHARLES ADDITION and MARK CHARLES
SECOND ADDITION.
Legal Description after Final Plat:
Lots 1 —33, Block 1,Bluffs East 17th Addition
9
BLUFFS EAST 17TH ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
SUMMARY OF
ORDINANCE NO. 05-2001-PUD-02-2001
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
Pioneer Trail and Franlo Road from the Rural Zoning District to the RM-6.5 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.)
5
BLUFFS EAST 17TH
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2000-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR BLUFFS EAST 17TH
BY THE BLUFFS COMPANY
WHEREAS, The Bluffs Company., has applied for Site Plan approval of Bluffs East
17th on 5.78 acres for construction of a 32 townhome units to be zoned in the RM-6.5 Zoning
District on 5.78 acres by an Ordinance approved by the City Council on February 6,2001; and
WHEREAS, the Community Planning Board reviewed said application at a public
hearing at its September 25,2000 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
November 7, 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 The Bluffs
Company, for the construction of 32 townhome units, based on plans dated October 27, 2000,
between The Bluffs Company, and the City of Eden Prairie.
ADOPTED by the City Council February 6, 2000.
Jean L.Harris,Mayor
ATTEST:
Kathleen A.Porta, City Clerk
DEVELOPER AGREEMENT
BLUFFS EAST 17TH
THIS AGREEMENT is entered into as of February 6, 2001, by Bluffs Company, 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 Guide Plan Change from Church to Medium
Density Residential on 5.78 acres, Planned Unit Development Concept Review on 5.78 acres,
Planned Unit Development District Review with waivers on 5.78 acres,Zoning District Change from
Rural to RM 6.5 on 5.78 acres, Site Plan Review on 5.78 acres,Preliminary Plat of 5.78 acres into
33 lots, legally described on Exhibit A(the"Property");
NOW,THEREFORE,in consideration of the City adopting Resolution No. 2000-181 for
Guide Plan Change from Church to Medium Density Residential, Resolution No. 2000-182 for
Planned Unit Development Concept Review, Ordinance No. for Planned Unit
Development District Review with waivers and Zoning District Change from Rural to RM 6.5,
Resolution No. for Site Plan Review, and Resolution No. 2000-183 for Preliminary Plat,
Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer agrees to develop the Property in conformance with the materials
revised and dated October 27, 2000, reviewed and approved by the City Council on
November 7,2000, and identified on Exhibit B, attached hereto, 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. 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.
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. GRADING,DRAINAGE,AND EROSION CONTROL PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property. The
final grading and drainage plan shall include all water quality ponds, storm water
detention areas and other items required by the application for and release of a land
alteration permit. All design calculations for storm water quality and quantity
together with a drainage area map shall be submitted with the final grading and
drainage plan. Prior to release of the grading bond, Developer shall certify to the
City that the water quality pond conforms to the final grading plan. Prior to issuance
of any occupancy permit for the Property,Developer shall complete implementation
of the approved plan
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor construction for conformance to the approved
final grading plan and City erosion control policy. The design professional shall
provide a final report to the City certifying completion of the grading in conformance
the approved final grading plan and City erosion control policy.
B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer
shall submit to the City Engineer and obtain City Engineer's written approval of an
erosion control plan for the Property. The erosion control plan shall include all
boundary erosion control features,temporary stockpile locations and turf restoration
procedures: All site grading operations shall conform to the City's Erosion Control
Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of
the grading bond, Developer shall complete implementation of the approved plan.
Developer shall remove any sediment that accumulates in the existing and/or
proposed sedimentation pond during construction. Developer shall provide
preconstruction and post construction surveys for evaluation by City.
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 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.
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 agrees to complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
8. PRETREATMENT PONDS: Prior to final plat approval on the Property,Developer shall
submit to the City Engineer and receive the City Engineer's written approval of plans and
design information for all stonn water quality facilities to be constructed on the Property.
Developer shall complete implementation of the approved storm water quality facility plan
prior to issuance of any occupancy permit for the Property.
Prior to issuance of any certificate of occupancy for the Property,Developer may be required
to provide to the City Engineer proof that the pond size has not diminished from the original
design volume because of sedimentation,erosion or other causes, and that the pond has been
restored to its original volume if the pond size has diminished.
9. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building
permit on the Property, Developer shall submit to the Director of Parks and Recreational
Services 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 Director of Parks and Recreation
Services. Sidewalks and trails shall be constructed in the following locations:
A. A five-foot wide concrete sidewalk to be located along Franlo 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 Property.
10. 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.
11. 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
I
Engineer, and obtain the City Engineer's written approval of plans for streets,public sanitary
sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent
of construction value shall be paid to City by Developer. The design engineer shall provide
daily inspection, certify completion in conformance to approved plans and specifications and
provide record drawings.
Developer agrees to complete implementation of the approved street and utility plans prior
to building permit issuance.
12. TREE LOSS - TREE REPLACEMENT: There are 134 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 120
diameter inches. Tree replacement required is 143 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 143 caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size for
a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein,Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
Developer agrees to complete implementation of the approved tree replacement plan prior
to building permit issuance.
13. VACATION OF EXISTING RIGHT OF WAY: Prior to issuance of a land alteration
permit, building permit or release of a final plat for the Property(whichever occurs first),
the following shall be required:
The Developer shall submit the City Engineer a written evidence in recordable form that all
utility companies have consented to the vacation of that portion of Franlo Road right of way
identified as Vacation 00-09, such document to be in form and content acceptable to the City,
and that the Developer has a written agreement with each utility company to relocate existing
utility lines within the proposed vacation area if required.
A resolution vacating portions of Franlo Road right of way as presented to Council on
January 16, 2001 as Vacation Number 00-09 must be approved by Council.
I0
CITY COUNCIL AGENDA DATE:
February 6, 2001 ,
SECTION: Consent Calendar .
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Public Works Final Plat Approval of Entrevaux
Engineering Services LLD
Randy Slick
Requested Action
Move to: Adopt the resolution approving the final plat of Entrevaux
Synopsis
This proposal, located in the northwest corner of Pioneer Trail and Bennett Place adjacent to Purgatory
Creek. The plat consists of 33.09 acres to be divided into 41 single-family lots and three outlots and
right-of-way dedication for street purposes.
Background Information .
The preliminary plat was approved by the City Council November 21, 2000. Second Reading of the
Rezoning Ordinance and final approval of the Developer's Agreement will be completed on February 6,
2001.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$1,886.00
• Receipt of street lighting fee in the amount of$7,274.70
• Receipt of street sign fee in the amount of$1,493.40
• Prior to release of the final plat, Developer shall provide to the City a current title insurance
policy insuring such a condition of title.
• Satisfaction of bonding requirements for the installation of public improvements
• The requirements as set forth in the Developer's Agreement
• Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-ways
certified by surveyor
• Prior to release of final plat, Developer shall submit an easement between Developer and
DNR for access to the DNR Fish Control Structure located in Purgatory Creek.
• Prior to release of final plat,Developer shall submit Homeowner's Association Declaration of
Convenants documents to the City Planner
• Prior to release of final plat, Developer shall submit an Historic Preservation Easement over
that portion of Lots 16 and 17,Block 2
• Prior to release of final plat, Developer shall submit a Conservation Easement over Lot 6, 7
and 8,Block 2,for review by the Environmental Coordinator
• Revision of Lot 9,Block 3 to provide for 85 feet of street frontage
• Revision of Lot 14,Block 3 to provide for 100 feet and 81 feet of street frontage
• Revision of Lot 1,Block 1 to provide 100 feet of street frontage
• Prior to release of final plat, Developer agrees to dedicate Outlots A, B and C to the City of
Eden Prairie
• Verify lot sizes for Lots 1 through 3,Block 2
• Revision of plat to:include a 20-foot drainage and utility easement between Lots 8 and 9,
Block 3
Attachments
• Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
ENTREVAUX
WHEREAS, the plat of Entrevaux 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 Entrevaux is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated February 6, 2001.
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 February 6, 2001.
Jean L. Harris,Mayor
ATTEST: SEAL
Kathleen A.Porta, City Clerk
1
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CITY COUNCIL AGENDA DATE:
February 6, 2001
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Public Works Final Plat Approval of Ivers Addition
Engineering Services 71
Randy Slick
•
Requested Action
Move to: Adopt the resolution approving the final plat of Ivers Addition
Synopsis
This proposal is a replat of Lot 1,Block 1 and Outlot A of Springer Klooster Addition, located at
17235 Terrey Pine Drive. The plat consists of 4.41 acres to be divided into three single family
lots.
Background Information
The preliminary plat was approved by the City Council February 15, 2000. Second Reading of
the Rezoning Ordinance and final approval of the Developer's Agreement was completed on
August 15, 2000.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of$288.00
• Receipt of street lighting fee in the amount of$424.00
• Prior to release of the final plat, Developer shall provide to the City a current title
insurance policy insuring such a condition of title
• The requirements as set forth.in the Developer's Agreement
• Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor
• Prior to release of final plat, Developer shall submit a reciprocal, joint access and
maintenance agreement for the shared driveway
• Variance granted from City Code 12.20 Subd.2.4 waiving the 6-month maximum-
time lapse between preliminary plat and final plat
• Revision to plat to include a 30-foot wide drainage and utility easement over the
existing and proposed utilities along the north property line
Attachments
Drawing of final plat •
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
IVERS ADDITION
WHEREAS,the plat of Ivers 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 Ivers Addition is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated February 6, 2001.
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month
maximum time lapse between the approval date of the preliminary plat and filing of
the final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this resolution to
the owners and subdivision of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on February 6, 2001.
Jean L. Harris,Mayor
•ATTEST: SEAL
Kathleen A. Porta, City Clerk
...
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CITY COUNCIL AGENDA DATE:
February 6, 2001
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Public Works Servic Approve Service Agreement with Honeywell for -�7�--
Eugene A. Dietz Maintenance of Control Systems at the Water -� t , F
Treatment Plant
Requested Action
Move to: Approve Agreement with Honeywell, Inc. for maintenance of instrumentation and
control systems at the Water Treatment Plant for a three-year period ending
December 31,2003.
Synopsis
This agreement covers services that Honeywell, Inc. would provide to maintain, repair, calibrate and
perform preventive maintenance for 388 instruments and controls for a three-year period at the Water
Treatment Plant. The first year price is at cost of$46,332 and the two subsequent years would be at price
of$48,432 for each year.
Background Information
In consultation with our City Attorney, staff has developed an agreement with Honeywell, Inc. to
continue an on-going maintenance, repair, calibration and preventative maintenance program for the
instruments and controls at the Water Treatment Plant. Although staff mechanics maintain the
mechanical systems at the Water Plant, it is not cost-effective to hirer and retain a specialist to maintain
the instrumentation and control systems at the facility. There are 388 instruments that are included in this
maintenance agreement. Although many of the instruments and controls are redundant during low flow
periods, during peak production in the summer time, failure of certain elements of these controls can
dramatically impact our ability to meet demands. Staff recommends that the service agreement with
Honeywell,Inc. be approved based on the following:
• Honeywell has provided many years of high quality service to the City of Eden Prairie.
• The vast majority of control systems in the Water Treatment Plant are Honeywell products.
Although equipment parts is a separate division within Honeywell, our experience is that we
receive priority parts availability while working with Honeywell maintenance staff.
• Approximately six to eight years ago we awarded this service agreement to an Eden Prairie
vendor (which is no longer in business) and received a greatly reduced service level in the
areas of technical expertise,punctuality and reliability.
• Although we can receive similar services from Honeywell,Inc. on an on-call basis, the hourly
rate is higher and scheduled preventative maintenance greatly increases the reliability of our
Treatment Plant systems. Furthermore,Honeywell does give priority to its contract clients.
The cost for service during the first year is $46,332 and for each of the two subsequent years it is $48,432.
Staff recommends approval of the service agreement with Honeywell, Inc.
Attachments
Service Agreement
Honeywell
INDUSTRIAL AUTOMATION AND CONTROL
DATE: January 25,2001 REFERENCE
TO: City of Eden Prairie YOUR P. O.# 13455
8080 Mitchell Road Dated:
Eden Prairie,MN 55344-4485
ATTN: Mr. Gene Dietz,Director of Utilities
NOTICE OF CHANGE TO
SERVICE AGREEMENT
AGREEMENT NO.: 8439, 914BM0305 EFFECTIVE DATE: 01/01/01
ANNIVERSARY DATE: 01/01/01
JOB LOCATION: Water Treatment Plant, distribution&storage locations
REASON FOR REVISION: 1)Renewal of above agreement with price based on current list of 388
instruments and PM schedule as listed on attached Schedule"A".
2)Option to renew for a 3-year period with no increase for 3`d year.
OPTION—Initial box for 3-year renewal period. Above prices will be
held based upon no changes in equipment coverage or support program.
1st year 2"d year 3rd year
1/1/01-12/31/01 1/1/02-12/31/02 1/1/03-12/31/03
CURRENT ANNUAL PRICE: $ 24,960. $ 46,332. $ 48,432.
ANNUALPRICE OF CHANGE: $ +21,372. $ 2,100. $ 0
REVISED ANNUAL PRICE: $ 46,332. $ 48,432. $ 48,432.
Please initial box for invoicing frequency.
01/01/01 annually: $ 46,332. $ 48,432. $ 48,432. •
01/01/01 semi-annually: $ 23,166. $ 24,216. $ 24,216.
01/01/01 quarterly: $ - 11,583. $ 12,108. $ 12,108.
If you are in agreement with this price, changes and Agreement,please sign below and return along with your
revised or new Purchase Order to our Munster,IN office.
APPROVED BY: FROM:
Eden Prairie Utilities Honeywell,Industrial Control
14100 Technology Dr. 9200 Calumet Ave.-Suite 510
Eden Prairie,MN 55344 Munster,IN 4632,E ,
SIGNATURE: i
NAME: Larry A.Heiniger
TITLE: Contract Ainistrator
DATE: DATE: l0/
New/Revised P. O. #
THIS IS NOT AN INVOICE
Continuing Services
.41
For Superior Performance Honeywell
INDUSTRIAL CONTROL
SERVICES AGREEMENT NO. 8439
•
This Agreement("Agreement")is made by and between Eden Prairie Utilities ("Customer")
and Honeywell International Inc. ("Honeywell").
Honeywell agrees to furnish services as described in the following Schedules (hereafter the
"Services")for maintenance of the equipment and software listed on the attached Schedule"A"
(hereafter the"Equipment"or"Software",as applicable):
.. r`,.. 1dl.t f•.n.�e_..,..� c; ......a.._,�t._._.,.,..,... J.._�.+..
- Honeywell and Customer Contact Sheet
A List of Equipment and Software
B Special Terms and Conditions
El Hardware Maintenance
Y Pricing Schedule
Z Service and General Terms and Conditions
The term of this Agreement and,unless otherwise noted,performance of the Services shall
commence on January 1,2001 and continue for a minimum of twelve(12)months.Except as
otherwise noted in the above listed Schedules,this Agreement will continue in effect and
automatically renew at the next anniversary date, and each subsequent anniversary date,until the
Agreement is canceled by either party providing 90 days prior written notice to the other party
prior to the anniversary date.
Honeywell may supplement or modify the Services to be provided and prices for these Services,
at any time after the initial twelve(12)month term upon ninety(90) days written notice to
Customer.
Unless otherwise noted in the above listed Schedules,all deliveries shall be F.O.B.Honeywell's
facility. Risk of loss or damage shall pass to Customer upon delivery to the carrier. Terms of
payment are net due upon presentation of Honeywell's invoice. Customer is responsible for all
sales,use, excise and other taxes,import duties and charges levied as a result of this Agreement.
Annual adjustments to the Agreement prices for Services may be made based on Honeywell's
then-prevailing rates. Notice of any price adjustment will be sent to Customer prior to the
•
anniversary date.
Contract No. 8439(914BM0305) Page 1 of 13 Date:12/8/00
Project No. 10894 Form Rev.8.06
Honeywell Confidential and Proprietary: This document and the information contained herein is Confidential between Honeywell and
the named Customer and is not to be distributed in any form to any other party.
3
0 Continuing Services
For Superior Performance Honeywell
This Agreement shall constitute with respect to the Service the entire agreement between
Customer and Honeywell,and all previous agreements concerning such Services,whether oral or
written, are superseded.
EDEN PRAIRIE UTILITIES Honeywell •
Industrial Control
14100 Technology Dr 9200 Calumet Ave.—Suite 510
Eden Prairie,MN 55344 Munster,IN 46321
Signature: Signature:
�...("4 r
Name: Name:Mark Okey '
Title: Title: Filed Service Mgr.
Date: Date / O
PO#:
•
•
Contract No. 8439(914BM0305) Page 2 of 13 Date:12/8/00
Project No. 10894 Form Rev.8.06
Honeywell Confidential and Proprietary: This document and the information contained herein is Confidential between Honeywell and
the named Customer and is not to be distributed in any form to anyother party.
•
Continuing Services -
, For Superior Performance Honeywell
Honeywell Contacts:
Field Service Manager Mark Okey 952-830-3594
Account Manager Jim Stanley 303-792-1650 •
Contract Administrator • LaDonna Hendrix 219-836-3801
Honeywell Functions:
J
•
t i
)Mi.,.� *-u �
...`..._ .,......._T,
Service Dispatching Solution Support Center 1-800-525-7439
Parts Sales Solution Support Center 1-800-525-7439
System/Products Sales Jim Stanley 303-792-1650
•
Honeywell Contract Administration Address: Honeywell I Inc.
(for contract related correspondence) 9200 Calumet Ave.—suite 510
Munster,IN 46321
Attn:LaDonna Hendrix
Honeywell Remit Address: Honeywell,Inc.
P.O.Box 92103 •
Chicago,IL 60675
Customer Contacts:
{ `'-`�i7 t�....�rR^`a«.L (" �.gar •r • rl ,A 1'Tar
Renewal Contact Ed Sorensen,Utilities Supt. 952-949-8530
Billing Contact Ed Sorensen,Utilities Supt. 952-949-8530
Billing Address 14100 Technology Dr
Eden Prairie,MN 55344 _
Purchasing Contact Gene Dietz,Director of Utilities
Customer Satisfaction Contact Ed Sorensen,Utilities Supt. 952-949-8530
Service Contact Ed Sorensen,Utilities Supt. 952-949-8530
ContractNo. 8439(914BM0305) Page 3 of 13 Date:12/8/00
Project No. 10894 Form Rev.8.06
Honeywell Confidential and Proprietary: This document and the information contained herein is Confidential between Honeywell and
the named Customer and is not to be distributed in any form to any other party.
5
•
Schedule "A" -Hardware & Software Covered by this Contract Honeywell
See separate 11-page spreadsheet
•
•
•
•
Contract No. 8439(914BM0305) Page 4 of 13 Date:12/8/00
Project No. 10894 Form Rev.8.06
Honeywell Confidential and Proprietary: This document and the information contained herein is Confidential between Honeywell and
the named Customer and is not to be distributed in any form to any other party.
Schedule "B" -Special Terms Honeywell
Items included in this Schedule are intended to clarify, modify, or take exception to, and •
thus take precedence over the content of other Schedules of this Agreement.
1. PREVENTIVE MAINTENANCE and INSTRUMENT CALIBRATION
Honeywell will provide Monthly Preventive Maintenance inspections.
2. EMERGENCY SERVICE
Emergency service on Schedule A equipment is provided Monday-Friday, 8am-5pm, as
part of this agreement.
Emergency Service,if required,on equipment other than listed on the Schedule A, or
during overtime hours will be provided at additional cost to this Agreement at the current
prevailing rates.
3. REPLACEMENT PARTS •
Replacement parts are not included under this Agreement.
Modernization of obsolete or unrepairable equipment is not included.
4. EXPENDABLE SUPPLIES
Expendable supplies, such as charts,ink and thermocouple elements are not included
under this agreement.
. 1. OPTIONS INCLUDED
lio i7l{ ar 7 � tG
s�..a,k.a.a`4A����..: ..,.:I
s:..mot.+.. �... ...„u
Hardware Maintenance El Preventive Maintenance
Hardware Maintenance El Instrument Calibration
Hardware Maintenance El Corrective Maintenance
2. HONEYWELL HOLIDAY SCHEDULE FOR CONTRACT PERIOD
• �.., t1.S ` t Cs �` ,r*+
Monday,January 1,2001 New Year's Day
Friday,April 13,2001 Spring Holiday
Monday,May 28,2001 Memorial Day
Wednesday, July 4,2001 Independence Day
Tuesday, September 4,2001 Labor Day
Thursday,November 22,2001 Thanksgiving Day
Friday,November 23,2001 Thanksgiving Day Observed
Monday,December 24,2001 Christmas Eve
•
Tuesday,December 25,2001 Christmas Day
Monday,December 31,2001 New Year's Eve
A list of subsequent holiday dates may be obtained by contacting your Honeywell Contract
Administrator.
ContractNo. 8439(914BM0305) Page 5 of 13 Date:12/8/00
ProjectNo. 10894 Form Rev.8.06
Honeywell Confidential and Proprietary: This document and the information contained herein is Confidential between Honeywell and
the named Customer and is not to be distributed in any form to any other party.
7
•
Schedule "El" - Hardware Maintenance Honeywell
1. SCOPE OF WORK 4. CORRECTIVE MAINTENANCE
Honeywell agrees to make available trained, Honeywell shall provide corrective service during the
experienced service specialists on a full or part-time base PPM at no additional charge. Honeywell will
basis to properly maintain the Customer's Equipment. provide this with all reasonable promptness within
Optional Hardware Maintenance Programs as listed in twenty-four(24)hours of notification.
Schedule"B"includes:
Site Audit 5. PARTS REPLACEMENT
- Preventive Maintenance
- Corrective Maintenance 5.1 Honeywell will provide the Customer with all
Parts Replacement replacement parts used in the preventive and
Startup Service:, corrective service provided herein at no
- Instrument Calibration additional charge.
Certification Services 5.2 Unserviceable parts will be replaced,at
Laboratory Analyzer, , Honeywell's option,by new parts or parts
• equivalent to new in performance..Replacement
2. SITE AUDIT • parts will be furnished on an exchange basis and
replaced parts become the property of
2.1 Honeywell will provide a site survey and Honeywell.
Equipment audit,which may include the 5.3 Not included are parts used as a result of other
establishment of a database and/or tracking than normal wear and tear,including,but not
system. This audit can include model and serial limited to,accidents,fire,water damage,
numbers,location,user,and other pertinent data, negligence,misuse,or repairs,alterations,or
and will be made available to the Customer. If modifications performed by persons not
the site audit reveals that ordinary repairs,as authorized by Honeywell.
determined by Honeywell,are necessary to
render the devices operable and serviceable,it 5.4 Unless otherwise specified,this support service
shall be the Customer's option to: does not cover expendable supplies such as
2.1.1 Satisfactorily repair the discrepancy thermocouples,charts,ink,pens,ribbons,paper,
2.1.2 Accept additional charges from Honeywell for tapes,cards,magnetic media,etc.
repair or replacement. Such charges will be 5.5 Upgrade Kits are not included but are available
quoted at firm fixed prices. at an additional charge.
2.1.3 Delete the Equipment needing extraordinary 5.6 Customer will be invoiced for any Honeywell
repairs from Schedule"A",in which case the
Agreement price will be adjusted to reflect the owned failed parts that are not returned to
change in covered Equipment. Honeywell within 30 days of failure.
5.7 Honeywell will maintain obsolete equipment as
3. PREVENTIVE MAINTENANCE long as parts are available.However,should
parts become unavailable,the device must be
The Customer will be provided with a description and replaced at the customer's expense or removed
schedule of recommended preventive maintenance. from this agreement.
Honeywell will provide preventive maintenance during
the Principle Period for Maintenance(PPM)using
established recommended procedures. The frequency 6. STARTUP SERVICES
for preventive maintenance will be determined by the
type and quantity of Equipment installed,environment 6.1 Honeywell will provide installation and initial
and use. The Customer will be responsible for certain checkout of new instrument systems and
routine maintenance tasks,such as external cleaning-Of
components as listed on Schedule"A",
g o
the Equipment,replacing expendable parts and including wiring,application,configuration, and
performing operational type checks as recommended by documentation.
the manufacturer. 6.2 Honeywell will supervise start-up activities
including control tuning and Customer
personnel training.
10894 Page 6 of 13 Date:12/8/00
Contract No. 8439(914BM0305) Honeywell Confidential and Proprietary Form Rev.8.06
This document and the information contained herein is Confidential between Honeywell and the named Customer and is not to be distributed in any form to any other party.
Schedule "El" -Hardware Maintenance Honeywell
6.3 Honeywell will confirm the operation and 9.4.4 External Plumbing
suitability of installations. Verification will be 9.4.5 LC Pump Seals
completed for equipment configuration and 9.4.6 Software
readiness. A functional system test will be 9.4.7 Gas Filter
performed for all installations. 9.4.8 Standards Gaseous;Liquid
9.4.9 - Electrolytes
9.4.10 Non-Manufacturer Modifications
7. INSTRUMENT CALIBRATION 9.4.11 Syringes
Honeywell and the Customer will determine the
9.4.12 Internal Detector Components
calibration frequency and standards for equipment 9.4.13 Sources,Source Elements&Lamps
listed on the Schedule"A". Honeywell will perform 9.4.14 Valves
calibration in keeping with the determined calibration 9.4.16 Items in contact with sample
S
schedule. 9.4.16 Supply items
9.4.17 Frits
Test equipment used for calibrations is traceable to the 9.4.18 Batteries
"National Institute of Standards and Technology" 9.4.19 Cells
(NIST).
10. DOCUMENTATION OF SERVICES
8. CERTIFICATION SERVICES PERFORMED
Honeywell will provide the Customer with a copy of a
8.1 Honeywell will certify the calibration of service report containing a description of the work
individual instruments to agency and Customer performed and any parts used.
specifications using National Institute of
Standards and Technology,(NIST),formerly the
National Bureau of Standards(NBS),Standards 11. TECHNICAL INFORMATION
traceable test equipment
8.2 Honeywell will certify performance of the Customer will make available to Honeywell all non-
Equipment on Schedule"A"and their associated confidential technical documentation,including prints,
schematics and operation manuals and all diagnostic
processes such as temperature uniformity in tapes and programs in Customer's possession,for the
heat-treat furnaces(i.e.,Instruments, service specialist's use in the repair or maintenance of
Thermocouples,and Equipment operation). Customer's Equipment. Customer will further provide
any assistance possible to aid Honeywell in securing
9. LABORATORY ANALYZERS non-confidential technical documentation,tapes and
9.1 Piping,tubing and glassware up to and including programs needed to service Customer's Equipment.
that located in the equipment are not part of this
Agreement. Light bulbs and fuses are also 12. DELETION OF EQUIPMENT
excluded.
9.2 On all sampling systems,replacement of If parts and/or repairs are no longer available from
Honeywell's regular suppliers for a piece of Equipment
columns is not covered as part of this listed in Schedule"A". Honeywell may,at its option, •
Agreement. Replacement of probes and •
delete that piece of Equipment from the Schedule"A"
detectors which need to be replaced on a regular or completely remove the Schedule from the
basis are thus classified as"expendable"rather Agreement. If Equipment is deleted,Honeywell shall
than as a"part"are not included in the parts adjust Agreement price to reflect the deletion.
replacement coverage.
9.3 Honeywell does not provide required operating
gases and/or liquids. 13. RECONDITIONING
9.4 Honeywell is responsible for the following items The cost of reconditioning/modemization of hardware
only if listed in Schedule"B". is not included in this service support program.
9.4.1 Injector Inserts
9.4.2 Chemically abused Detectors
9.4.3 Septa
10894 Page 7 of 13 Date:12/8/00
Contract No. 8439(914BM0305) Honeywell Confidential and Proprietary Form Rev.8.06
This document and the information contained herein is Confidential between Honeywell and the named Customer and is not to be distributed in any ferns to any other party.
•
Schedule "Y" -Pricing & Billing Terms Honeywell
OPTION—Initial box for 3-year renewal period. Above prices will be
held based upon no changes in equipment coverage or support program.
• 1st year 2nd year 3rd year
1/1/01-12/31/01 1/1/02-12/31/02 1/1/03-12/31/03 •
CURRENT ANNUAL PRICE: $ 24,960. $ 46,332. $ 48,430.
ANNUALPRICE OF CHANGE: $ +21,372. $ 2,100. $ 0
REVISED ANNUAL PRICE: $ 46,332. $ 48,432. $ 48,432.
Please initial box for invoicing frequency.
01/01/01 annually: $ 46,332. $ 48,432. $ 48,432.
01/01/01 semi-annually: $ 23,166. $ 24,216. $ 24,216.
01/01/01 quarterly: $ 11,583. $ • 12,108. $ 12,108.
Billing for Labor services not covered by•this agreement will be at Honeywell's published Demand rate at
the time of service less10%. Minimum billing for a site visit is four hours for straight time as well as for
overtime. Travel and living expenses are billed at cost plus 10%. Mileage will be invoiced at 380 per mile
in the United States and 480 per kilometer in Canada.
Billing for Materials not covered by this agreement will be at Honeywell's appropriate price at the time of
delivery.
•
•
Contract No. 8439(914BM0305) Page 8 of 13 Date:12/8/00
Project No. 10894 Form Rev.8.06
Honeywell Confidential and Proprietary: This document and the information contained herein is Confidential between Honeywell and the named
Customer and is not to be distributed in any form to any other party.
/0
Schedule "Z" - Terms & Conditions Honeywell
1. RESPONSIBILITIES OF THJi CUSTOMER Honeywell's option,to reimburse and/or purchase
Customer agrees to: from Honeywell all parts,tools,and test equipment
specifically purchased by Honeywell to support this
1.1 Use Equipment and Software covered by this Agreement.
Agreement in accordance with the
manufacturer's specifications.
1.2 Allow Honeywell full and free access to the 3. EQUIPMENT/SOFTWARE
Equipment and Software including MODIFICATION
interconnected machine attachments for 3.1 In the event the Equipment or Software is
purposes of remedial and/or preventive altered,modified or changed,or if any
maintenance. Equipment or Software is added,deleted or
1.3 Maintain all documentation and diagnostics moved within the Customer's premises,this
for the Equipment and Software in suitable Agreement may be renegotiated,modified or
condition and ready access by Honeywell terminated at Honeywell's option. If any
changes,alterations or attachments to the
maintenance personnel. Customer will be
Equipment or Software create a safety h
supplied with and charged for manuals not 'ward
found on-site during start-up. or interfere with the normal and satisfactory
operation or maintenance of the Equipment or
1.4 Provide all operating expendable supplies. Software,Honeywell may,upon written
notice,require that such safety hazard or
1.5 Provide electrical work external to the interference be promptly corrected at
Equipment. Customer's expense. Honeywell's continued
1.6 Correct any discrepancy(s)revealed during service on Equipment or Software which has
pre-contract system performance validation. been changed or to which attachments have
Honeywell will invoice Customer for any been made does not constitute an approval of
unresolved discrepancy(s)which are corrected the change or attachment,and at Honeywell's
by Honeywell. option such Equipment,Software or
attachments may be removed from this
1.7 Maintain its inventory of existing good spare Agreement.
parts held by Customer at the start of the
Agreement. Any part used by Honeywell will 3.2 If parts and/or repairs are no longer available
be repaired and/or replaced if reasonably from Honeywell's regular suppliers for a piece
available. of Equipment,Honeywell may,at its option,
delete that piece of Equipment from Schedule
1.8 Assume responsibility for any documentation "A"or terminate the Agreement. If
including prints,schematics and wiring Equipment is deleted,Honeywell shall adjust
diagrams.Honeywell may assist in the the Agreement price to reflect the deletion.
diagnosis of Software problems,but is not
•
responsible for Software or Software support
unless otherwise expressly noted under the 4. ENVIRONMENTAL CONDITIONS
terms of this Agreement.
It is the responsibility of Customer to provide a
hazard-free environment for the Equipment and
2. CANCELLATION BY CUSTOMER Software. Damage due to hazardous environmental
conditions are not the responsibility of Honeywell.
In the event of cancellation of this Agreement Hazardous environmental conditions include,but are
without cause by Customer prior to an anniversary not limited to,corrosive atmospheres,electrical
date: (a)Customer shall be invoiced (i)a spikes or noise or severe ambient temperature
cancellation fee of 5%of the remaining contract changes.
value at the time of cancellation,and (ii)all non-
recoverable costs incurred by Honeywell including,
but not limited to,costs for personnel relocation, 5. HEALTH AND SAFETY
facilities procurement,or other support requirements
that have been specifically incurred or committed to 5.1 Honeywell employees shall comply fully with -
support this Agreement;and(b)Customer agrees,at Customer's health and safety rules and
• Contract No. 8439(914BM0305) Page 9 of 13 Date:17J8/00
Project No. 10894 Form Rev.8.06
Honeywell Confidential and Proprietary: This document and the information contained herein is Confidential between Honeywell and
the named Customer and is not to be distributed in any form to any other party.
•
Schedule "Z" - Terms & Conditions Honeywell
procedures. Customer shall advise each reasonable approximation of the amount necessary to
Honeywell employee of all pertinent health compensate Honeywell for its loss and that it is not in
and safety rules and procedures including,but the nature of a penalty.
not limited to,safety precautions and safety 7. COMPLIANCE WITH LAWS
equipment and relevant training available
through Customer,upon each employee's Customer shall comply with all local laws and
initial visit to Customer's site. Failure of any regulations applicable to the installation,use,import
Honeywell employee to fully comply with or export of the Equipment,Software(including
communicated health and safety rules and software licensed under this Agreement)and
procedures shall be cause for permanent Confidential Information. Customer shall comply
removal of the employee from the Customer with all applicable export control laws and
site. regulations of the United States and any other
5.2 Customer shall,upon written acceptance of country having proper jurisdiction and shall obtain all
this Agreement,complete and return a necessary export licenses in connection with any
subsequent export,re-export,transfer and use of all
Honeywell Contract Safety Analysis form and
make available the Material Safety Data products,technology and software licensed under this
Sheets(MSDS)relating to any chemicals or Agreement.
substances to which a Honeywell employee
might be exposed while engaged in providing & DELETED CONFIDENTIAL
•
the Services. Copies of individual MSDS's
INFORMATION
shall be provided either to Honeywell or to •
any Honeywell employee upon request.
Honeywell recognizes that its employees have the parties may exchange Confidential
the right to a safe and healthy work Information. As used heroin,the term
environment and may,upon written notice, "Confidential Information"moans id as,
require that unsafe conditions be promptly methodologies,mathematical formulas,trade
corrected at Customer's expense. secrets and other intellectual property
• included in written or machine readable
information(or oral information reduced to •
6. NON-HIRING CLAUSE writing),which the disclosing party considers
Customer agrees that it shall not employ directly or proprietary or confidential and marks
"Confidential", "Proprietary", "Sensitive"or
through a third party,any technical or service with words of similar m aping.All
representative who was employed by Honeywell and Confidential Information(and all right,
assigned to provide Services to Customer at any time
during the term of this Agreement and for one year therein,including but not limited to patents,
after any such representative ceases to be employed copyrights and trade secrets)during the term
by Honeywell. Customer recognizes that Honeywell the disclosing party and shall be kept
has incurred substantial costs in recruiting,training •
confidential by the receiving party for a period
and providing Customer with service personnel who of 15 years following the date of disclosure.
have and will continue to receive specialized training Software licensed under this Agreement, and
and information necessary to service Customer on
behalf of Honeywell.Customer agrees that unlicensed Software contained on the same
media, shall bo kept confidential perpetually.
Honeywell will suffer damages in the event
Customer,either directly or through a third party, These obligationsohitis(i)ll not apply to
hires away from Honeywell a service employee who • information which is publicly known at the
was at any time assigned to Customer and that the through no fault of ent reci i known to
amount of damages cannot be ascertained with ease. recipient,(a)
In view of the difficulty of ascertaining said damages, recipient at the time of disclosure through no
Customer agrees that in the event Customer hires a wrongful act of recipient,(iii)received by
Honeywell employee in contravention of this recipient from a third party without
Agreement,Customer will pay as liquidated damages •
(iv)independently developed byrecipient.
the sum of fifty thousand dollars($50,000US)to p y pp
Honeywell. Customer agrees that this sum is a
Contract No. 8439(914BM0305) Page 10 of 13 Date:12/8/00
Project No. 10894 Form Rev.8.06
Honeywell Confidential and Proprietary: This document and the information contained herein is Confidential between Honeywell and
the named Customer and is not to be distributed in any form to any
other party.
•
•
Schedule "Z" - Terms & Conditions Honeywell
8.2 Each party shall retain ownership of it:, Software"),the provisions regarding license and
Confidential Information,including without confidentiality in the Agreement governing the
limitation all rights in patents, copyrights, original underlying Software shall apply. In cases in
which no Agreement exists,or in cases in which new
hereby grants Customer a non exclusive Licensed Software is delivered under this Agreement,
license to use Honeywell Confidential Honeywell grants to Customer a license to use the
Information delivered under this Agreement to Licensed Software as follows:
evaluate any Services performed by • 10.1 License. Honeywell grants to Customer under
Honeywell and to use software licensed under
this Agreement. Customer hereby grants this Agreement a nonexclusive license to use
Honeywell a non exclusive license to use Licensed Software(i)for the intended use
•
thereof as described in the specifications
and perform Services for Customer. Neither applicable thereto and(ii)solely for
party may transfer or disclose Confidential Customer's own internal purposes at the
Information or assign their rights or location where the Licensed Software is
obligations under this section without the prior initially installed.Customer shall not reverse
written consent of the disclosing party. All compile, disassemble,or otherwise reverse
other transfers or assignments shall be null engineer any Licensed Software. Honeywell
and void. Upon breach of the obligations and its third-party suppliers shall retain sole
under this section by the receiving party,the ownership of the Licensed Software.
disclosing party shall have the right to 10.2 Additional Licenses or Use. Customer must
immediately terminate this Agreement. receive Honeywell's prior written consent and
pay additional license fees before using
Licensed Software beyond the license granted
9. LIMITATION OF LIABILITY above.
9.1 Honeywell's maximum liability for all claims 10.3 Copies and Modifications. Customer may
of any kind for losses or damages in make only 2 copies(or the number of copies
connection with services provided under this • allowed under applicable law)of the Licensed
Agreement,for any cause whatsoever and Software in non-printed,machine-readable
regardless of the form of action,whether in form,to be used solely for archival or backup
contract or in tort and including,but not purposes("Archival Copies"). Customer shall
limited to negligence,shall be limited to the include all copyright and trade secret notices
total amount of the services foes paid by and serial numbers on the Archival Copies,
Customer to Honeywell during the period of 1 which shall be owned solely by Honeywell or
year immediately preceding the date upon its third-party suppliers. Customer may not
which any such claim is made to Honeywell. modify the Licensed Software except as
9.2 In no event shall Honeywell,its supplier•, authorized by Honeywell in writing.
Customer bo liable for indirect, consequential, 10.4 Transfer of Licensed Software. Customer may
or special damages relating to or arising out of transfer its license to use the Licensed
performance of this Agreement,including •Software to a third party only if Honeywell
damages based on contract,negligence, •
gives its prior written consent.
warranty or otherwise. 10.5 Demonstration Use. If Licensed Software has
INSERTED (In no event shall Honeywell, its been provided to Customer for demonstration
suppliers, or Customer be liable for indirect, or evaluation purposes,Customer may use
consequential, special or punitive damages such Licensed Software for a period of 90
relating to or arising out of performance of this days from the date the Licensed Software was
Agreement) delivered to Customer. After this 90 day
period, Customer agrees to either return the
10. SOFTWARE LICENSE Licensed Software to Honeywell or pay the
applicable license fee for Customer's
For all software licensed to Customer as part of the continued use of the Licensed Software and to
Services under this Agreement(hereafter"Licensed abide by these terms and conditions.
Contract No. 8439(914BM0305) Page 11 of 13 Date:12/8/00
Project No. 10894 Form Rev.8.06
Honeywell Confidential and Proprietary: This document and the information contained herein is Confidential between Honeywell and
the named Customer and is not to be distributed in any form to any other party.
13
Schedule "Z" - Terms & Conditions Honeywell
10.6 Term and Termination of License. The license Customer with a correction or replacement
granted herein is effective on the date Licensed Software;or(ii)make instructions
Honeywell ships or installs the Licensed available to Customer to modify the Licensed
Software,whichever is earlier.Honeywell Software.Third-party supplier warranties
may terminate this license if Customer shall apply to the extent that they are less than
defaults under this license,and does not the warranties described in this Agreement.
remedy such default within ten(10)days after Honeywell warrants that the Licensed
receiving written notice thereof from Software provided under this Agreement was
Honeywell,or is in bankruptcy,insolvency, scanned for viruses known to Honeywell prior
dissolution,or receivership proceedings.Upon to delivery to carrier or Customer.Because
termination of this license,Honeywell may viruses could be introduced to the Licensed
repossess the Licensed Software and all copies Software after delivery to carrier or Customer,
without further notice.Promptly upon Honeywell recommends that Customer
termination of this license,Customer shall regularly scan Licensed Software with •
immediately cease all use of Licensed updated virus scanning software.
Software and return or destroy,as directed by 11.3 General. Work provided by Honeywell will
Honeywell,all copies of the Licensed be provided in a good and workmanlike
Software. manner. If,within 90 days after completion of
any work under this Agreement,Customer
11. WARRANTIES notifies Honeywell that the work was not •
performed in a good and workmanlike
11.1 Replacement Parts. Any replacement parts manner,Honeywell shall re-perform such
that are provided to Customer pursuant to this work at no charge to Customer.Unless
Agreement are provided on an exchange basis, otherwise expressly agreed to in writing by
and the replaced parts become the property of Honeywell,Honeywell shall not be
Honeywell. Repaired or replaced parts shall responsible for the application and functional
be warranted against defects in materials or adequacy of the Services provided hereunder.
workmanship for the remainder of the unused 11.4 Exclusions.These warranties shall not apply if
warranty term of the applicable Equipment or pp y
for 90 days from shipment,whichever is a failure or defect is due in whole or in part to:
longer. Under emergency conditions, (i)improper use,application,maintenance,
operation or installation of the Equipment or
Honeywell will ship replacement parts to
Customer before receiving the defective parts Software,or exposure of the Equipment or
Software to operating environments outside
from Customer. If Honeywell does not Honeywell's specifications;(ii)any • '
receive the defective parts transportation modification of the Equipment or Software in
prepaid within 30 days after shipment of the a manner inconsistent with the applicable user
replacement parts,Customer will pay documentation or not otherwise approved in •
Honeywell's then-current list price for those writing by Honeywell;or(iii)use of the
per. Equipment or Software with equipment or
11.2 Software. Licensed Software will materially software not approved in writing by
comply with Honeywell's published user Honeywell. Any costs incurred by Honeywell
documentation,or with Honeywell's designs in the repair of faults or errors related to these
or specifications generated specifically for actions shall be reimbursed by Customer at
Customer and agreed to in writing by the Honeywell's then-current rates and Customer
parties("Specifications"),for one year from shall indemnify Honeywell against any
the later of shipment to Customer or damages suffered by Honeywell that are
installation by Honeywell,but in no event directly related to such faults or errors.
exceeding fourteen(14)months from 11.5 Limitations. The above warranties are
shipment.If Customer notifies Honeywell of exclusive.In no event shall Honeywell or its
materially non-complying Licensed Software suppliers be liable for any warranties implied
and provides a description allowing the non- by law or otherwise,including any warranty
compliance to be repeated,Honeywell will,at
Honeywell's option,either:(i)provide
•
Contract No. 8439(914BM0305) Page 12 of 13 Date:12/8/00
Project No. 10894 Form Rev.8.06
Honeywell Confidential and Proprietary: This document and the information contained herein is Confidential between Honeywell and
the named Customer and is not to be distributed in any form to any other party.
iY
•
Schedule "Z" - Terms & Conditions Honeywell
of merchantability or fitness for a particular
purpose.
12. GENERAL
Any change to or waiver under this Agreement must •
be in writing;waiver in one case shall not be waiver
in a subsequent case. No rights are granted except as •
expressly granted in this Agreement. The laws of the
State/Province in which the work is performed shall
solely govern this Agreement and all related disputes,
without regard to any conflicts of law provisions or
any provisions of the 1980 United Nations
Convention on the International Sale of Goods.
Sections 6,7,8,9,10,and 11 of this Agreement shall
survive upon termination. In the event Customer
issues a purchase order or any other purchase
contract document(hereafter collectively a"Purchase
Order")with respect to the Services to be provided •
hereunder,the terms and conditions of this
Agreement shall supercede any terms and conditions
contained in any such Purchase Order unless •
otherwise expressly agreed to in writing by
Honeywell;any acknowledgement of such Purchase
Order shall be deemed solely as an acknowledgement •
of Honeywell's receipt of the Purchase Order and is
not intended as an acceptance of the terms thereof.
•
•
•
•
Contract No. 8439(914BM0305) Page 13 of 13 Date:12/8/00
Project No. 10894 Form Rev.8.06
Honeywell Confidential and Proprietary: This document and the information contained herein is Confidential between Honeywell and
the named Customer and is not to be distributed in any form to any other party..
�5
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APPENDIX A .
Municipal Contract Provisions
•
Unless excluded by the applicable law the following provisions shall apply to this contract:
1. Defmitions. The following definitions apply to this Appendix.
1.1 "City"means the City of Eden Prairie. • -
1.2 "Contracting Party"means the party or parties that are contracting with the City
under the Contract.
1.3 "Contract"means the contract or agreement that this Appendix is attached to.
2. Data Practices Act. The Contracting Party shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. § 1301, et seq.,to the extent that the Act is •
applicable to data and documents in the hands of the Contracting Party.
3. Audits. The books, records, documents, and accounting procedures and practices of the
Contracting Party or other parties relevant to this agreement are subject to examination
by the City and either Legislative Auditor or the State Auditor for a period of six years
after the effective date of this Contract.
4. Income Tax Withholding. No final payment shall be made to the Contracting Party •
until the Contracting Party has provided satisfactory evidence to the City that the
Contracting Party and each of its subcontracts has complied with the provisions of Minn.
Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement.
5. Worker's Compensation. Contracting Party represents and warrants that it has and will
maintain during the performance of this agreement worker's compensation insurance
coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of
insurance or the written order of the Commissioner of Commerce permitting self
insurance of worker's compensation insurance coverage provided to the City prior to
execution of this agreement is current and in force and effect.
6. Discrimination. In performance of this contract, the Contracting Party shall not
discriminate on the grounds of or because of race, color, creed, religion, national origin,
sex, marital status, status with regards to public assistance, disability, sexual orientation,
or age against any employee of the Contracting Party, any subcontractor of the
Contracting Party, or any applicant for employment. The Contracting Party shall include
a similar provision in all contracts with subcontractors to this contract. The Contracting
Party further agrees to comply with all aspects of the Minnesota Human Rights Act,
Minn. Stat. § 363.01, et seq.,Title VI of the Civil Rights Act of 1964, and the Americans
with Disabilities Act of 1990.
.'t
•
7. Conflicts. No salaried officer or employee of the City and no member of the Board of
the City shall have a financial interest, director indirect,in this contract. The violation of
this provision renders the Contract void. Any federal regulations and applicable state .
statutes shall not be violated.
8. Claims. To receive any payment on this Contract, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account,claim, or demand is just and correct and that no part of it has been paid."
- 9. -INTENTIONAL LEFT BLANK -
10. Contracting Party's Prompt Payment of Subcontractors. The contracting Party shall
pay to any subcontractor within ten (10) days of the Contracting Party's receipt of
payment from the City for undisputed services provided by the subcontractor. The -
Contracting Party shall pay interest of one and a half percent (1 'A%) per month or any
part of a month to a subcontractor on any undisputed amount not paid on time to the
subcontractor. The minimum monthly interest penalty payment for an unpaid balance of
$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contracting
Party shall pay the actual amount due to the subcontractor.
11. Limitation of Remedies In the event of a breach of the Contract by City,the Contracting
Party shall not be entitled to recover punitive, special or consequential damages or
•
damages for loss of business.
By signing this Appendix the parties acknowledge that the above provisions become part
of the Contract unless excluded by applicable law.
CONTRACTING PARTY / City
By --7ga C / (, By
Mark Okey
Its Field Service Manager Its Mayor
By
ep\general\contract provisions 101000HONEYWELLr1 Its City Manager
-a 8'
CITY COUNCIL AGENDA DATE:
February 6, 2001
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 95-5372 ITEM NO.:
Engineering Services Proposal for the Design and Construction ,,.r ..
Randy Newton Administration of the Prairie Center Drive/Prairie
Lakes Drive Traffic Signal
Requested Action
Move to: Approve proposal for the design and construction administration of the Prairie
Center Drive / Prairie Lakes Drive Traffic Signal with Westwood Professional
Services,Inc.
Synopsis
The 1994 development proposals for the Hartford Place PUD determined that a traffic signal would
be needed at the Prairie Center Drive/Prairie Lakes Drive intersection to handle the projected traffic
volumes. The intersection currently meets the criteria for traffic signal installation. City staff would
like to move forward with the design and construction of the traffic signal.
Background Information '
In 1994 as part of the development proposals for the Hartford Place PUD a traffic study of the area
was conducted. The Hartford Place PUD includes the properties adjacent to Prairie Lakes Drive and
Rolling Hills Road in the area east of Prairie Center Drive. The traffic study determined that with the
proposed build out of Hartford Place a traffic signal would be needed at the Prairie Center Drive /
Prairie Lakes Drive intersection to efficiently handle the projected traffic volumes. As a result,
money was set aside with the development of each individual development to assist with funding of
the traffic signal installation. The traffic signal installation was originally planned to coincide with
the development of the Ryan Companies property (area bounded by Prairie Center Drive, Prairie
Lakes Drive, and Rolling Hills Road). However the intersection currently has the traffic demand
required to warrant the traffic signal installation and City staff would like to move forward with the
design and construction.
Financial Implications
The design and construction administration of the Prairie Center Drive /Prairie Lakes Drive traffic
signal is estimated to cost $23,608. It is anticipated that the traffic signal construction will cost an
additional $175,000. As part of the 1994 Hartford Place PUD development proposals $71,000 was
allocated toward the construction of this traffic signal. At this time $21,000 as been collected, the
remaining $50,000 will be collected with the development of the Ryan Companies Property.
Attachment
Proposal
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
Email:wps@westwoodps.com
•
January 22, 2001
•
•
J. Randall Newton
Traffic Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
•
RE: Traffic Signal at Prairie Center Drive and Prairie Lakes Drive
Dear Randy: •
Westwood is pleased to present this proposal for engineering services for the design
and installation of a permanent traffic signal at the intersection of Prairie Center Drive
and Prairie Lakes Drive. Our proposal includes the base tasks to design and manage
the construction of the new signal. In addition, we have outlined two optional tasks.
The first of these is a task to prepare plan sheets for new interconnect construction
between Preserve Boulevard and West 78th Street. The second optional task is one to
provide coordinated signal timing to fit the new signal in with the current coordinated
timing that exists along Prairie Center Drive. (The coordinated timing could be done
with or without new interconnect construction. If new interconnect is not installed,
coordinated timing can be implemented in a "timed-based" mode.)
We propose to conduct the work on an hourly basis, with the fee for each major task to
not exceed the budget on the attached spreadsheet.
aDesigning the Future Today...since 1972
J. Randall Newton
January 22, 2001
Page 2
ACCEPTANCE OF PROPOSAL
Westwood is prepared to begin work on this project as soon as we receive .our notice to
proceed. To initiate work, we request that you sign-and return one copy of this
proposal, approving its terms. We shall then begin work immediately. Thank you again
for the opportunity to submit this proposal.
Sincerely,
ACCEPTED'BY: -
WESTWOOD PROFESSIONAL SERVICES, INC. CITY OF EDEN PRAIRIE
Allan S. Klugman, P.E.
Principal, Transportation Services Signed
Title
• Date
Signed
Title
•
Date.
Attachments:Cost Estimate Buildup
City of Eden Prairie General Conditions for Consultant Agreements
•
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CITY OF EDEN PRAIRIE
GENERAL CONDITIONS
Consultant Agreement
SECTION 1: PROJECT INFORMATION by Consultant's negligence.
1.1 City will provide to Consultant all known information 2.5 City agrees to render reasonable assistance requested by
regarding existing and proposed conditions ofthe site or which Consultant to enable performance of work without delay or
affects the work to be performed by Consultant. Such interference,and upon request of Consultant,to provide a suitable
information shall include, but not be limited to site plans, workplace.
surveys, known hazardous waste or conditions, previous
laboratory analysis results,written reports,soil boring logs and 2.6 City will be responsible for locating and identifying all
applicable regulatory site response(Project Information). subterranean structures and utilities. Consultant will take
reasonable precautions to avoid damage or injury to subterranean
1.2 City will transmit to Consultant any additions,updates,or structures and utilities identified and located by City and/or
revisions to the Project Information as it becomes available to representatives of Utility Companies.
City,its subcontractors or consultants. •
• SECTION 3: SAMPLES
1.3 City will provide an on-site representative to Consultant
within 24 hours upon request, to aid, define, supervise, or 3.1 Consultant may retain at its facility selected soil,water, or
coordinate work or Project Information as requested by material samples for a maximum of 30 days after completion of
Consultant. the work and submission of Consultant's report,which samples
shall remain the property of City. Unless otherwise directed by
1.4 Consultant will not be liable for any decision,conclusion, the City,Consultant may dispose of any samples after 30 days.
recommendations, judgement or advice based on any •
inaccurate information furnished by City, or other 3.2 Disposal of contaminated or hazardous waste samples is the
subcontractors or consultants engaged by City. responsibility of City. After said 30 days,City will be responsible
to select and arrange for lawful disposal procedures that include
SECTION 2: SITE LOCATION,ACCESS,PERMITS, removal of samples from Consultant's custody and transporting
APPROVALS AND UTILITIES them to a disposal site. City may request, or if City does not
arrange for disposal, Consultant may deliver samples to City,
2.1 City will indicate to Consultant the property lines of the freight collect,or arrange for lawful disposal and bill City at cost
site and assume responsibility for accuracy of markers. plus 15%.
2.2 City will provide for right-of-way for Consultant personnel SECTION 4: FEE PAYMENT/CLAIMS
and equipment necessary to perform the work.
4.1 Consultant will submit invoices to City monthly,and a fmal
2.3 City will be solely responsible for applying for and invoice upon completion of work. Invoices will show charges
obtaining permits and approvals necessary for Consultant to based on the current Consultant Fee Schedule or other documents
perform the work. Consultant will assist City in applying for as attached.
. and obtaining such permits and approvals as needed. It is
understood that City authorizes Consultant to act as agent for 4.2 To receive any payment on this Contract,the invoice or bill
City for City's responsibilities under this section including must include the following signed and dated statement: "I declare
signing certain forms on City's behalf such as Right-of-Way under penalty of perjury that this account, claim, or demand is
forms. just and correct and that no part of it has been paid." •
2.4 While Consultant will take reasonable precautions to 4.3 The balance stated on the invoice shall be deemed correct
minimize any damage to property,it is understood by City that unless City notifies Consultant,in writing,of the particular item
in the normal course of the work some damage may occur. that is alleged to be incorrect within ten (10) days from the
The correction of any damage is the responsibility of City or, invoice date. Consultant will review the alleged incorrect item
at City's direction,the damage may be corrected by Consultant within ten(10)days and either submits a corrected invoice or a
and billed to City at cost plus 15%. Notwithstanding the statement indicating the original amount is correct.
above,Consultant agrees to be responsible for damage caused
City of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 1 of 4
5
4.4 Payment is due upon receipt of invoice (or corrected to mislead others by omitting certain aspects contained in the
invoice)and is past due sixty(60)days from invoice date. On report.
past due accounts,City will pay a finance charge of 1.5%per
month on the unpaid balance,or the maximum allowed by law, 5.5 Consultant will consider Project Information as confidential
whichever is less,until invoice is fully paid. and will not disclose to third parties information that it acquires,
uncovers, or generates in the course of performing the work,
4.5 If City fails to pay Consultant within sixty (60) days except as and to the extent Consultant may,in its sole discretion,
following invoice date, Consultant may deem the default a deem itself required by law to disclose.
breach of its agreement, terminate the agreement, and be
relieved of any and all duties under the agreement. City SECTION 6: DISPUTES/LIMITATIONS OF REMEDIES
however,will not be relieved of Fee Payment responsibilities
by the default or termination of the agreement. 6.1 In the event of a breach of Contract by City,the Consultant
shall not be entitled to recover punitive,special or consequential
4.6 City will be solely responsible for applying for and damages or damages for loss of business.
obtaining any applicable compensation fund reimbursements
from various state and federal programs. Consultant may 6.2 City will pay all reasonable litigation or collection expenses
assist City in applying for or meeting notification including attorney fees that Consultant incurs in collecting any
requirements,however. Consultant makes no representations delinquent amount City owes under this agreement.
or guarantees as to what fund reimbursement City may receive.
Consultant shall not be liable for any reductions from• 6.3 If City institutes a suit against Consultant,which is dismissed,
reimbursement programs made for any reason by state or dropped,or for which judgement is rendered for Consultant,City
federal agencies, except as may be caused by Consultant's will pay Consultant for all costs of defense, including attorney
negligence. fees,expert witness fees and court costs.
4.7 City may withhold from any final payment due the 6.4 If Consultant institutes a suit against City,which is dismissed,
Consultant such amounts as are incurred or expended by the dropped,or for which judgement is rendered for City,Consultant
City on account of the termination of the Contract. will pay City for all costs of defense, including attorney fees,
expert witness fees and court costs.
SECTION 5: OWNERSHIP OF DOCUMENTS
6.5 Dispute Resolution
5.1 Consultant will deliver to City certain reports as
instruments of the professional work or services performed 6.5.1 Mediation
pursuant to this Agreement. All reports are intended solely for
City,and Consultant will not be liable for any interpretations All claims, disputes and other matters in question (hereinafter
made by others. "claim")between the parties to this Agreement,arising out of or
relating to this Agreement or the breach thereof,shall be subject
5.2 City agrees that all reports and other work furnished to to mediation. If the parties have not resolved the dispute within
City,or City's agents or representatives,which are not paid for, thirty(30)days of receipt of a written complaint,each party may
will be returned to Consultant upon demand and will not be .require the dispute be submitted for mediation. If the parties are
used by City for any purpose. unable to agree on a mediator within ten (10)days following a
• request for mediation,either party may request that a mediator be
5.3 Unless otherwise agreed, Consultant will retain all appointed by the Fourth Judicial District Court. The parties agree
pertinent records or reports concerning work and services to share equally all fees incurred in the mediation.
performed for a period of at least two(2)years after report is
submitted. During that time the records will be made available The parties shall submit to mediation for a minimum of eight(8)
to City during Consultant's normal business hours. City may hours. The parties agree that the mediation proceedings are
obtain reproducible copies of all software, manuals, maps, private and confidential. If, at the end of eight hours of
drawings, logs and reports at cost, plus 15%, for data and mediation,the parties have not resolved the dispute,the parties
materials not being provided as part of the scope of work for may agree to extend hours of mediation.
the project.
6.5.2 Arbitration
5.4 City may use the Consultant report in its entirety and may
make copies of the entire report available to others. However, At the option of the party asserting the same,a claim between the
City shall not make disclosure to others of any portions or parties to this Agreement, arising out of or relating to this
excerpts of a report constituting less than the entire report,or Agreement or the breach thereof, whereby the party or parties
City of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 2 of 4
asserting the same claims entitlement to damages or payment 7.3 Although data obtained from discrete sample locations will be
of less than $25,000.00 in aggregate may be decided by used to infer conditions between sample Iocations no guarantee
arbitration in accordance with the Construction Industry may be given that the inferred conditions exist because soil,
Arbitration Rules of the American Arbitration Association then surface and groundwater quality conditions between sample
existing unless the parties mutually agree otherwise. In the locations may vary significantly, and because conditions at the
event any person shall commence an action in any court for time of sample collection may also vary significantly with respect
any claim arising out of or relating to this Agreement or the to soil,surface water and groundwater quality at any other given
breach thereof or the Project or construction thereof or any time and for other reasons beyond Consultant's control.
contract for such construction, the party making a claim in •
arbitration may dismiss such proceedings(unless the hearing 7.4 Consultant will not be responsible or liable for the
on the claim has commenced)and elect to assert its claim in interpretation of its data or report by others.
such action if such party could have done so but for the
provisions of this Paragraph. SECTION 8: GENERAL INDEMNIFICATION
The parties agree to bear equal responsibility for the fees of 8.1 Consultant will indemnify and hold City harmless from and
AAA,including the arbitrator(s). Judgement upon the award against demands,damages,and expenses caused by Consultant's
rendered by the arbitrator(s) may be entered in any court negligent acts and omissions, and breach of contract and those
having jurisdiction thereof. negligent acts, omissions, and breaches of persons for whom
Consultant is legally responsible. City will indemnify and hold
In the event that arbitration.services are not available from Consultant harmless from and against demands, damages, and
AAA,either party may request that an arbitrator be appointed expenses caused by City's negligent acts and omissions, and
by the Fourth Judicial District Court. breach of contract and those acts, omissions, and breaches of
persons for whom City is legally responsible.
6.5.3 Compliance
SECTION 9: INSURANCE/WORKER'S
The parties deem the dispute resolution procedure as set forth COMPENSATION
herein to be an integral and essential part of this Agreement. A
parry's failure to comply in all respects with this procedure 9.1 Consultant represents and warrants that it has and will
shall be a substantial breach of this Agreement. The maintain during the performance of this agreement Worker's
arbitrator(s)shall be authorized to assess costs and attorney's Compensation Insurance coverage required pursuant to Minn.
fees against a party that has failed to comply with the Stat. 176.181,subd.2 and that the Certificate of Insurance or the
procedure in all respects,and,may as a condition precedent to written order of the Commissioner of Commerce permitting self
arbitration,require the parties to mediate in accordance with insurance of Worker's Compensation Insurance coverage
Section 6.5.1 hereof, provided to the City prior to execution of this agreement is
current and in force and effect. .
SECTION 7: STANDARD OF CARE
9.2 Consultant shall procure and maintain professional liability
7.1 Because no sampling program can prove the non-existence insurance for protection from claims arising out of professional
or non-presence of contaminated conditions or materials services caused by any negligent act,error or omission for which
throughout the "entire" site or facility, Consultant cannot Consultant is legally liable.
warrant,represent,guarantee,or certify the non-existence or
non-presence, or the extent of existence or presence, of 9.3 Certificate of insurance will be provided to City upon request.
contaminated conditions or materials, and City's obligation
under this agreement will not be contingent upon Consultant's SECTION 10: TERMINATION
delivery of any warranties, representations, guarantees, or
certifications. 10.1 The agreement between Consultant and City may be
terminated by either party upon thirty-(30)days written notice.
7.2 Consultant's opinions,conclusions,recommendations,and
report will be prepared in accordance with the proposal,scope 10.2 If the agreement is terminated prior to completion of the
of work,and Limitations of Environmental Assessments and project, Consultant will receive an equitable adjustment of
no warranties,representations,guarantees,or certifications will compensation.
be made. Except that Consultant warrants that hardware and
software will perform as represented in proposal and other
parts of this agreement.
City ofEden Prairie General Conditions
Consultant Agreement
December 2000
Page3of4
SECTION 11: ASSIGNMENT SECTION 17: DATA PRACTICES ACT COMPLIANCE
11.1 Neither party may assign duties,rights or interests in the 17.1 The Consultant shall at all times abide by Minn.Stat. 13.01
performance of the work without obtaining the prior written et seq., the Minnesota Government Data Practices Act, to the
consent of the other party, which consent will not be extent the Act is applicable to data and documents in the
unreasonably withheld. possession of the Consultant.
SECTION 12: DELAYS SECTION 18: DISCRIMINATION
12.1 If Consultant is delayed in performance due to any cause In performance of this contract, the Consultant shall not
beyond its reasonable control, including but not limited to discriminate on the grounds of or because of race,color,creed,
strikes,riots,fires,acts of God,governmental actions,actions religion,national origin,sex,marital status,status with regards to
of a third party, or actions or inactions of City, the time for public assistance,disability,sexual orientation,or age against any
performance shall be extended by a period of time lost by employee of the Consultant,any subcontractor of the Consultant, •
reason of the delay. Consultant will be entitled to payment for or any applicant for employment. The Consultant shall include a
its reasonable additional charges,if any,due to the delay. similar provision in all contracts with subcontractors to this
Contract. The Consultant further agrees to comply will all aspects
SECTION 13: EXTRA WORK of the Minnesota Human Rights Act,Minn.Stat.363.01,et seq.,
Title VI of the Civil Rights Act of 1964,and the Americans with
13.1 Extra work, additional compensation for same, and Disabilities Act of 1990.
• extension of time for completion shall be covered by written
amendment to this agreement prior to proceeding with any SECTION 19: CONFLICTS
extra work or related expenditures.
No salaried officer or employee of the City and no member of the
SECTION 14: WITHHOLDING TAXES Board of the City shall have a financial interest,direct or indirect,
in this contract. The violation of this provision renders the
14.1 No final payment shall be made to the Consultant until Contract void. Any federal regulations and applicable state
the Consultant has provided satisfactory evidence to the City statutes shall not be violated.
that the Consultant and each of its subcontracts has complied
with the provisions of Minn. Stat. 290.92 relating to SECTION 20: ENTIRE AGREEMENT
withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement. 18.1 This Agreement contains the entire understanding between
the City and Consultant and supersedes any prior written or oral
SECTION 15: AUDITS agreements between them respecting the written subject matter.
There are no representations, agreements, arrangements or
15.1 The books, records, documents and accounting understandings, oral or written between City and Consultant
procedures and practices of the Consultant or other parties relating to the subject matter of this Agreement which are not
relevant to this Agreement are subject to examination by the fully expressed herein.
City and either the Legislative Auditor or the State Auditor for
a period of six (6) years after the effective date of this 18.2 The agreement between Consultant and City may be
Contract. modified only by a written amendment executed by both City and
Consultant.
SECTION 16: PAYMENT TO SUBCONTRACTORS
18.3 This agreement is governed by the laws of the State of
16.1 The Consultant shall pay to any Subcontractor within ten Minnesota.
(10)days of the Consultant's receipt of payment from the City
for undisputed services provided by the Subcontractor. The
Consultant shall pay interest of one and a half percent
(1-1/2%)per month or any part of a month to a Subcontractor
on any undisputed amount not paid on time to the
Subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of$100.00 or more is$10.00. _ •
For an unpaid balance of less than$100.00,the Consultant
shall pay the actual amount due to the Subcontractor.
City of Eden Prairie General Conditions
Consultant Agreement
December 2000
Page 4 of 4
CITY COUNCIL AGENDA DATE:
January 16,2001
SECTION: Consent Calendar
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.:
City Manager, Chris Enger Second Reading of an Ordinance amending City
Code Section 2.22 relating to Boards,
Commissions, Citizen Advisory Commissions
and Task Forces
Requested Action
Move to: Approve Second Reading of an Ordinance amending City Code Section 2.22 relating to
Boards, Commissions, Citizen Advisory Commissions and Task Forces.
Synopsis
The modifications address two issues: 1) allows for the appointment of a Councilmember to a City-
sponsored Task Force, and 2) eliminates three consecutive absences of a Board or Commission member as
an automatic VACANCY and provides for a process for an advisory body to bring a Board or Commission
member's absenteeism to the City Council's attention.
•
Attachments
Ordinance
CITY OF EDEN PRAIRIE
HRNNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2001
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE SECTION 2.22 RELATING TO BOARDS, COMMISSIONS, CITIZEN ADVISORY
COMMISSIONS AND TASK FORCES AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS:
Section 1. City Code Section 2.22, Subd. 2 is amended to read as follows:
Subd. 2. Membership. Members shall be appointed by the Council who
shall serve at the pleasure of the Council. Members shall be residents of
the City. No member of the Council shall serve as a member of a board,
commission or citizen advisory commission, but may serve as a member
• of a task force.
Section 2. City Code Section 2.22, Subd. 4. A. is amended to read as follows:
A. Vacancies: Membership shall become vacant upon the occurrence
of any of the following:
1. Death. The death of a member.
2. Disability. A determination by the Council that the
member's physical or mental disability renders the member
incapable of service.
3. Resignation. The member's resignation in writing.
4. Change in Residence. Termination of a Member's
residence in the City.
Section 3 Code Section 2.22, Subd. 4. B. 1. is amended to read as follows:
B. 1. Upon Petition of a Board, Commission, Citizen Advisory
Commission or Task Force. The Board, Commission,
Citizen Advisory Commission or Task Force, by three
fifths (3/5's) vote of its members, may petition to the
Council to remove any member when:
a
(i) A member is absent from three consecutive
meetings; or
(ii) in its discretion, the best interests of the City would
be served thereby.
Section 4. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and
Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in
their entirety,by reference, as though repeated verbatim herein.
Section 5. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
16th day of January, 2001, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 6th day of February, 2001.
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the day of , 2001.
•
•
CITY COUNCIL AGENDA DATE: February 6,
SECTION: Consent 2001
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.
Community Development
&Financial Services: Call for a Public Hearing to consider
Don Uram establishing a Tax Increment Financing(TIF) _L 1
David Lindshl District for Rolling Hills Senior Housing
Requested Action:
Move to:
Approve Resolution calling for a public hearing March 20, 2001 to consider establishing a Tax Increment
Financing (TIF)District.
Synopsis:
The purpose for establishing the proposed TIF District is to help finance the construction of 28 lower-cost rental
units within the 142 unit Rolling Hills Senior Apartment Project proposal located on Rolling Hills Road and
Prairie Center Drive. State law requires that before a public hearing is held to establish a TIE District a
resolution must first be passed by the City Council for the hearing.
Background:
The 142-unit Rolling Hills project received first reading approval by the Council on October 19, 1999, and second
reading approval October 3, 2000. The unit breakdown is as follows:
• 53 Assisted Living
• 14 Alzheimer Care Units
• 75 Independent Living Units
The developer is requesting to use TIF to subsidize 20% of the units to be affordable to seniors with incomes
below 50% of the area median income. The Council originally approved a resolution November 21, 2000
calling for a hearing January 16 to consider a TIP plan for the project. Because the developer was unable to
provide all the information necessary to prepare the plan in time for the January 16 Council meeting,it is being
extended to March 20. Details of the TIT plan will be presented to the City Council for their consideration at
the March 20, 2001 public hearing.
Attachments:
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION CALLING FOR A PUBLIC HEARING ON APPROVAL AN AMENDED
PROJECT PLAN FOR REDEVELOPMENT PROJECT AREA NO.5 IN AND FOR THE CITY OF
EDEN PRAIRIE AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT
FINANCING (QUALIFIED HOUSING)DISTRICT NO. 17
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as
follows:
1. Proposed Project Plan and Financing Plan. The Housing and Redevelopment Authority in and for
the City of Eden Prairie,Minnesota(the "HRA")has prepared, and will present to the City for approval, a
amended redevelopment plan, as defined in Minnesota Statutes, Section 469.002, subdivision 16, designated
as the Project Plan(the "Project Plan") for Redevelopment Project Area No. 5 (the "Project Area"), and a
redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statues, Section 469.002,
subdivision 14 (the "Redevelopment Project"). In order to finance the public redevelopment costs to be
incurred in connection with the Project Plan and the Redevelopment Project,the HRA has prepared, and will
present,to the City for approval, a tax increment financing plan(the "Financing Plan"),which establishes
a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9,
designated as Tax Increment Financing(Qualified Housing)District No. 17 within the Project Area. It has
been proposed that the Board of Commissioners of the HRA and the City Council approve the Project Plan
and Financing Plan, and that this Council hold a public hearing on the Project Plan and Financing Plan as
required by Minnesota Statutes, Sections 469.028 and 469.175, subdivision 3.
2. Public Hearing. A public hearing is hereby scheduled to be held on the Amended Project Plan and
Financing Plan at 7:00 p.m. on March 20, 2001, in the Council Chambers of the Eden Prairie City Center,
8080 Mitchell Road,Eden Prairie,Minnesota. The City Clerk is hereby authorized and directed to cause
notice of such public hearing in substantially the form of Exhibit A hereto to be published in the official
newspaper of the City not less than 10 days prior to the date of the hearing, and to provide the information
required by Minnesota Statutes, Section 469.175, subdivision 2 to the appropriate governmental bodies.
ADOPTED by the City Council on February 6,2001.
ATTEST:
Jean L. Harris,Mayor
Kathleen A. Porta, City Clerk
•
EXHIBIT A
NOTICE OF PUBLIC HEARING ON APPROVAL OF AN AMENDED PROJECT PLAN
FOR REDEVELOPMENT PROJECT AREA NO. 5 IN AND FOR THE CITY OF EDEN
PRAIRIE AND ON APPROVAL OF A TAX INCREMENT FINANCING PLAN FOR
TAX INCREMENT FINANCING(QUALIFIED HOUSING)DISTRICT NO. 17 OF THE
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN
PRAIRIE,MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie will hold
a public hearing on approval of the an Amended Project Plan(the Project Plan) for Redevelopment
Project Area No. 5 (the Project Area)and approval of a Tax Increment Financing Plan(the Financing
Plan) for Tax Increment Financing(Qualified Housing)District No. 17 (the Financing District) of
the Housing and Redevelopment Authority of the City of Eden Prairie(the HRA) at 7:00 p.m. on
Tuesday, March 20, 2001, in the City Council Chambers, 8080 Mitchell Road, Eden Prairie,
Minnesota.
The Project Plan and Financing Plan provide for the financing with tax increment revenue
generated by the Financing District established by the Financing Plan of certain public
redevelopment costs to be incurred by the HRA or the City in connection with carrying out the
Project Plan for the Project Area.
Accompanying this notice is a map of a portion of the City. The map shows the area
encompassed by the Project Area and the Financing District from which tax increment may be
collected pursuant to the Financing Plan and the area in which such tax increment may be expended.
All who wish to be heard as to the Project Plan and Financing Plan will be given an
opportunity to express their views at the time of the public hearing or may file written comments
with the Finance Director/Clerk prior to the public hearing.
Kathleen A. Porta, City Clerk
3
CITY COUNCIL AGENDA DATE:
February 6,2001
SECTION: Consent Calendar
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.:
City Manager, Recommend Reappointment to Lower '[�
Chris Enger Minnesota River Watershed District 'v
Requested Action
Move to: Recommend the Hennepin County Board of Commissioners reappoint Edward Schlampp to the
Lower Minnesota River Watershed District for a three-year term.
Synopsis
Edward Schlampp has requested the City Council to recommend his reappointment to the Lower Minnesota
River Watershed District for a three-year term.
CITY COUNCIL AGENDA DATE:
February 6, 2001
SECTION: Public Hearing
SERVICE AREA/DIVISION: ITEM DESCRIPTION: Vacation 00-03 ITEM NO.:
Engineering Services Vacation of Right-of-Way of Part of Valley
Jim Richardson View Road in Section 11,T116,Range 22
(Published 01/19/01, sent to 0 residents)
Requested Action
Move to: Adopt the resolution vacating the right-of-way of part of Valley View Road in
Section 11, T 116, Range 22 as described in the resolution.
Synopsis
Hennepin County Transportation Department has requested the City conduct the public hearing
process to vacate excess right-of-way south of Valley View Road adjacent the Land Rover
Dealership. Upon vacation, the excess right-of-way will become part of the Land Rover site.
Background
The vacation of this area and its inclusion into the Land Rover site was planned by Hennepin
County in 1997 when the Land Rover Dealership was developed. Hennepin County has
realigned Valley View Road at I-494 by moving the roadway north, thus creating unneeded
right-of-way to the south of the southerly right-of-way line. Utility easements will be retained
across the vacated property.
Attachments
Vacation Drawings
- l
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
VACATION OF RIGHT-OF-WAY OF
PART OF VALLEY VIEW ROAD IN
SECTION 11, T116, R22
WHEREAS, The City of Eden Prairie has a certain drainage and utility easements described as
follows:
Tract A. The Northeast quarter of the Southwest Quarter of Section 11, Township 116 North,
Range 22 West,Hennepin County,Minnesota;
which lies northwesterly of a line run parallel with and distant 80 feet southeasterly of Line 1
described below, westerly and southerly of Line 2 described below, and southerly of the southerly
right-of-way line of County State Aid Highway No. 60 as located prior to January 1, 1967:
Line 1. From a point on the south line of said Section 11, distant 1277.4 feet east of the
south quarter corner thereof, run northwesterly at an angle of 30 degrees 27 minutes
19 seconds from said south section line (measured from west to north) for 1729.45
feet; thence deflect to the right at an angle of 42 degrees 27 minutes 15 seconds for
1452.9 feet; thence deflect to the right at an angle of 117 degrees 53 minutes 30
seconds for 446.6 feet;thence deflect to the left at an angle of 29 degrees 18 minutes
00 seconds for 72.23 feet to the point of beginning of Line 1 to be described; thence
continue northeasterly along the last described course for 250 feet and there
terminating;
Line 2. Commencing at the point of the beginning of Line 1 described above; thence run
southeasterly at right angles to said Line 1 for 80 feet;thence deflect to the left at an
angle of 90 degrees 00 minutes 00 seconds for 167.46 feet to the point of beginning
of Line 2 to be described; thence deflect to the left at an angle of 70 degrees 10
minutes 21 seconds for 10.62 feet; thence westerly for 525.92 feet on a non-
tangential curve, concave to the north, having a radius of 1492.40 feet and a delta
angle of 20 degrees 11 minutes 27 seconds to the point of termination of Line 4
described below and there terminating;
Line 3. From a point on the south line of said Section 11, distant 1277.4 feet east of the
south quarter corner thereof run northwesterly at an angle of 30 degrees 27 minutes
19 seconds from said south section line (measured from west to north) for 1729.45
feet; thence deflect to the right at an angle of 42 degrees 27 minutes 15 seconds for
1518.7 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00
seconds for 12 feet to the point of beginning of Line 3 to be described; thence deflect
to the right at an angle of 90 degrees 00 minutes 00 seconds for 100 feet; thence
deflect to the left on a 06 degree 00 minute 00 second curve (delta angle 52 degrees
06 minutes 45 seconds)for 868.5 feet;thence on tangent to said curve for 221.6 feet
and there terminating;
Line 4. Commencing at the point of termination of Line 3 described above; thence run
northeasterly at right angles to said Line 3 for 110 feet to the point of beginning of
Line 4 to be described; thence northwesterly to a point which is 110 feet
northeasterly (measured at right angles) from a point on said Line 3, distant 794.6
feet southeasterly of its point of beginning; thence northwesterly to a point which is
90 feet northeasterly (measured at right angles) from a point on said Line 3, distant
444.6 feet southeasterly of its point of beginning; thence northwesterly for 119.18
feet to its intersection with the southerly right-of-way line of said County State Aid
Highway No. 60 and a line run parallel with and distant 115 feet northeasterly of
said Line 3; thence continue on the last described course for 103.23 feet and there
terminating;
together with that part of Tract A hereinbefore described, which lies southerly of Line 2, easterly of
Line 4 and northerly of the northerly right-of-way line of said County State Aid Highway No. 60;
containing 0.15 acres, more or less.
WHEREAS, a public hearing was held on February 6, 2001 after due notice was given to
affected property owners and published in accordance with M.S.A. 412.851;
WHEREAS, public and private utilities have been installed and are presently operated and
maintained within the right-of-way, an easement allowing governmental and utility company
personnel and equipment to enter upon' the vacated right-of-way to maintain or construct
additional facilities needs to be retained.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said right-of-way as above described are hereby vacated, subject to a
permanent drainage and utility easement being retained over the entire
parcel.
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 February 6, 2001.
Jean L.Harris,Mayor -
ATTEST: SEAL
Kathleen A.Porta, City Clerk
3
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CITY COUNCIL AGENDA
DATE: 02/06/01
SECTION: Public Hearings
SERVICE AREA/DIVISION:
Community Development ITEM DESCRIPTION: ITEM NO.:
Donald R. Uram
Krista Flemming Sunnybrook Place
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for PUD Concept Review on 7.71 acres; and
• Approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning
District change From Rural to RM-6.5 on 7.716; and
• Adopt the Resolution for Preliminary Plat on 7.71 acres into 17 lots; and
• Direct Staff to prepare a Developer's Agreement incorporating Board and Staff
recommendations and Council conditions.
Synopsis
This is a 16 unit, single level townhome development with two and three unit buildings. The
project is located 12650 Sunnybrook Road.
The Community Planning Board voted 4-2 to recommend approval of the project to the City
Council at the January 8, 2001,meeting.
Background Information
The preliminary plat shows the subdivision of 7.71 acres into 16 muliple-family units at a density of
2.07 units per acre. Surrounding project densities include Sunnybrook Cove and Purgatory Creek
Estates 2nd at 2.3 u.p.a, Creekview Acres Addition at 2.0 u.p.a., and Waters Edge at Purgatory Creek
at 1.2 u.p.a.
The project requires the following waivers from the City code.
• Front yard setback from 30 feet to 17 feet on Lot 16. Side yard setback from 10 feet to 5
feet on Lot 3.
This helps create a consistent buffer setback next to the wetlands. In addition, there is a large
right-of-way along Highway 212 (approximately 80 feet), which is greater than the 30 foot
minimum setback.
I
City Council Agenda
Sunnybrook Place
Page 2
• Wetland Buffer Strip (25 feet) and Setback (15 feet) to the Alternative Wetland Buffer
Strip (10 feet) and Setback(15 feet)for a low quality wetland as defined by code.
Because there are instances where, due to unique physical characteristics of a specific parcel,
alternative buffers and setbacks should be considered. This parcel is recognized as "unique"
since it meets the six circumstances designated by code defining an extraordinary situation.
Therefore, staff recommends applying the alternative buffer and setback requirements defined by
code to increase open space around the wetland and preserve upland area on the north side of the
project. Wetland plantings in the buffer help mitigate the waiver. The site could be developed
without waivers, but would result in additional units located along the northwest side and
increased tree loss and wetland fill. The property includes 2.40 acres of a "low quality"
wetland. There are .16 acres (6%) of the wetland fill that will be mitigated onsite. A letter
from the Leslie Stovring, Environmental Coordinator, is attached and addresses reasons for
which wetland fill and alternative buffers/buffer setbacks are appropriate on this site.
There are 3,372 diameter inches of significant trees on the site. Of this total, 1,522 inches are
naturally occurring cottonwoods while the remaining 1,754 inches are conifers planted as part of the
original homestead.
Many of the conifer trees around the existing house were planted close together, causing some to
have poor health or inappropriate growing conditions, as determined by the City Forester. Staff
recommends tree loss for the conifers to be evaluated at a 30% loss, the average residential tree loss.
This calculation is similar to the method used and approved on the adjacent project, Sunnybrook
Cove,which had similar species and growing conditions.
The tree loss for the conifers is 30%loss with 15%loss for the naturally-occurring cottonwoods.
To meet the landscaping and tree replacement requirement, the Developer was requested to add
caliper inches to the plan prior to Council review. The plan meets the requirement and includes
species conducive to wetland restoration. In addition, a conservation easement will be placed over
the wetland and wetland buffer area(the majority of the site beyond individual property lines),which
includes a significant wooded area.
Attachments
1. Resolution for PUD Concept Review
2. Resolution for Preliminary Plat
3. Staff Report dated January 5,2001
4. Community Planning Board Minutes dated January 8, 2001
5. Wetlands Memo from Leslie Stovring
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Community Planning Board Minutes
January 8,2001
Page 3
B. SUNNYBROOK PLACE by Baton Corporation. Request for Planned Unit
Development Concept Review on 7.71 acres,Planned Unit Development District
Review with waivers on 7.71 acres,Zoning District Change from Rural to RM-6.5
Zoning District on 7.71 acres, Site Plan Review on 7.71 acres, and Preliminary Plat
on 7.71 acres into 17 lots. Location: Sunnybrook Road.
The public hearing opened at 7:11 p.m.
Randy Zejdlik of Baton Corporation presented the Development Concept Review.
The site is zoned rural and low-density multifamily is proposed. The purpose of the
project is to cluster the units on the higher ground on the south side of the site to
preserve the north portion of the site. The units are approximately 2400 square foot
one level rambler walkout/lookout townhomes similar to units on Sherman Drive.
Prices will be in the low$200,000 range. Most units will have a four season porch
and optionally finished walkout lower levels, and two car garages.
Flemming presented the staff report. There are sixteen units on the site,which is
guided low density residential for up to 2.5 units per acre. Surrounding land uses
include existing and proposed single family residential to the north, south and east.
The undeveloped land to the north is guided low density residential. Highway 212
runs parallel with the western property line. The preliminary plat shows subdivision
of 7.71 acres into 16 multiple-family units in 2 and 3 unit structures at a density of
2.07 units per acre. Surrounding project densities include Sunnybrook Cove and
Purgatory Creek Estates at 2.3 units per acre, Creekview Acres Addition at 2.0 units
per acre and Waters Edge at Purgatory Creek at 1.3 units per acre. The project
requires some waivers from city code: front yard setback from 30 feet to 17 feet on
Lot 16 and side yard setback from 10 feet to 5 feet on lot 3 (creating a better buffer
and consistent setback next to the wetlands); a wetland buffer strip of 25 feet and
buffer setback of 15 feet to the alternative wetland buffer strip of 10 feet and buffer
setback of 15 feet for a low quality wetland as defined by code. The alternatives are
defined in the city code and allowable when the wetland meets criteria appropriate
for the alternatives. Staff recommends tree loss for conifers to be evaluated at a 30%
loss,requiring a replacement of 527 caliper inches. Tree loss for the naturally-
occurring cottonwoods is 15%,requiring a tree replacement of 46 caliper inches.
Total tree replacement would be 573 inches. A conservation easement will be placed
over the wetland and wetland buffer area. The landscaping plan requires 704 caliper
inches and must be revised to meet city code.
Development of this site is consistent with the guide plan and compatible with the
surrounding area since the proposed density is less than 2.5 units per acre and is
similar to developments to the north, east, and south. Staff recommends approval
based on plans dated December 27,2000, and conditions in the staff report dated
January 5, 2001.
Community Planning Board Minutes
January 8,2001
Page 4
Libby Hargrove, a resident of 12640 Sunnybrook Road owns property adjacent to
the proposed development. Sunnybrook Road was one of the last roads in Eden
Prairie to become blacktopped and has since become sporadically developed.
Utilities came in bits and pieces instead of uniformly. She paid assessments based on
a per-unit homestead basis for sewer and water and utility. The assessment on the
7.71 acre piece was for four units. She believes that she is paying more than her
share if she is paying assessments on two units for her two lots and the 7.71 acre
parcel is paying only on four units. The property in question was sold with a wetland
on it and a portion was filled without a permit before permits were required. The
area supports wildlife such as mink,redtailed hawks,herons,muskrat, ducks and
geese. The city put in a culvert to Purgatory Creek from the wetland to control the
flow. She liked the tree loss mitigation; there are not a lot of valuable trees in the
area. She liked the rambler style townhouse because it was lower in the sight line;
she thinks the density is too high. There is not enough room for a city road; there is
not enough parking for guests. Sunnybrook is a narrow road with curves and would
not provide proper parking. It could be a safety issue. The NURP pond is on the
southwest part of the project; in many cases NURP ponds protect the environment;
she does not see the benefit of the pond in this position. The drainage will go into the
wetland in the back. She has major concerns with alterations to the wetland area
because it will affect the overall drainage to the area. She also was concerned with
lots located so closely to Highway 212.
Foote asked how she felt about the multi-family versus single family.
Libby said twinhomes would be appropriate. It is not very desirable for single
family; three unit structures seem to crowd the site,but twinhomes are appropriate.
Kay Kindle is one of the property owners across the street. She said the existing
homes are on a dangerous road. There is a blind curve; they are concerned with
increased traffic and lack of parking. Parking on Sunnybrook Road would make the
road more dangerous. She asked how the$200,000 homes would affect the value of
the surrounding$400,000 and up single family homes.
There was no further public comment.
Corneille summarized the issues of fairness of the assessments, confusion with 16 v.
17 lots,road and guest parking,NURP ponds and drainage,wetland fill and
mitigation, and property value impact.
Motion by Stoelting, second by Stock to close the public hearing. Motion carried, 6-
0. The hearing closed at 7:46 p.m.
Flemming said there were 16 units and 17 lots. Lot 17 is a wetland area. The plans
are all sent to the state highway department for comment; no concerns were received
from the state. The closest unit to the edge of the highway is 95 feet. The city's
5
Community Planning Board Minutes
January 8, 2001
Page 5
policy is 25 percent of the total units should be provided for guest parking. They are
showing 6 parking spaces per guest or 50 percent.
Gray said the assessment matches proportionally. Without additional improvements
to the site such as roads, the site could develop into four units. To accomplish 16
emits there must be additional street and sanitary sewer to serve the units being
proposed. These additional units will be assessed appropriately. The stormwater
being treated by the NURP pond is from the private street. The turf areas and back
yards are not being treated. It is for impervious surface runoff,not for every square
foot of the development. From a wetland standpoint, the site is over 7 acres and has
about 2 acres of wetland. Ideally wetlands should be preserved, but there will be
some wetland impact. The impact must be mitigated; here it is being done on site.
There is a conservation easement being put over the wetland and its buffer and
setbacks. Otherwise, the "higher" land on the north side could be developed at a later
date when land north of this site develops. It is not a high quality wetland. Lower
quality wetlands allow consideration of alternative wetlands,buffers and setbacks.
Stoelting asked about the parking, and whether the guideline was 25 percent per unit.
Flemming said 16 units would require 4 spaces per unit and there are actually 6.
Stoelting asked about the memo on the analysis for wetland alternatives from
Stovring. He asked Flemming to review the memo and wetlands and fill, and how
the conservation easement relates to the wetland.
Flemming said last January, wetland standards were added to the zoning ordinance
with required buffers and buffer setbacks. The quality of the wetland is related to the
setback requirement with available alternatives to the standards. If the site meets
criteria defined by city code, it can qualify for alternative setbacks and buffers. The
Watershed District and Environmental Coordinator felt this site meets alternative
criteria.
Stoelting asked about the easement
Flemming said it was peiinanent; it will include the upland area so there will be no
future development.
Koenig asked whether there would be a monument showing where the easement
starts.
Flemming said monumentation would be provided and is marked on the plans to
show how the monuments will be located along the edge of the buffer.
Community Planning Board Minutes
January 8,2001
Page 6
Koenig said the property owner would have 15 feet in back of the property before
they get to the easement. If this is a low quality wetland,residents may be tempted to
fill it to have more of a backyard.
Flemming said staff felt it was important to maintain a consistent edge so one lot
would not go in further than another. Secondly,because it is townhome there is an
association that manages the lawn, etc.,not individual homeowners.
Koenig asked whether the easement would be in the association documents.
Flemming confirmed that was the case.
Stoelting asked staff about unit#16 and its proximity to Highway 212;whether there
was a concern with highway noise.
Gray said the distance would not be greater than some homes along Highway 5. The
area will have higher than average noise. Buyers are aware of this.
Corneille noted the staff report commented on wetland plantings.
Flemming said there would be higher tree loss on the site;the developer will plant
smaller trees along the wetland edge to mitigate tree replacement and help restore the
wetland.
Franzen noted a uniform theme for plantings will reinforce monumentation along the
wetland buffer.
Nelson expressed concern with the size of the units at 1400 square feet, listed as one
bedroom den with possible expansion. These are not large units but the price is not
small; it is not exactly affordable housing. She noted proximity to the highway and
questioned how the units would sell at that price.
Flemming said the development is similar to the Hartford Place and Staring Lake
townhomes in regards to location and size. There is 1400 square feet on the first
level with the potential to finish out another 1000 square feet on the lower level, for
a total of 2400 square feet.
The developer noted these are similar in size and price range. In Eden Prairie,
building costs are driving up the costs of homes. Buyers have expressed willingness
to show units if the Board wants to see them. A$200,000 price range is an
affordable one-level home. They may be harder to sell along the freeway,but
because of the market,they will sell. They will not be the same price as the ones
across the pond.
Corneille asked him to address adjacent property value.
Community Planning Board Minutes
January 8,2001
Page 7
The developer said this would be a positive. The quality of landscaping and structure
is high-end.Associations dictate maintenance to keep value and prestige of
neighborhood. The units will be around$250,000 base and over$300,000 with
finished basements.
Foote expressed concern with houses 15, 16, 14, and 13 15-20 feet below the road
90-100 feet away. He is concerned with wetland fill near units 15 and 13 with the
steep slope from the corner.He would not want the houses to settle. Also,he is
concerned with the two buildings with three units,they should be two unit buildings.
Safety is an issue with the units near the road; a car could end up in a roof.
Koenig asked staff to address the landscape plan and whether the developer was
meeting the requirement.
Fox said they do not currently meet the requirement;they can plant more on the
north side of the parcel or provide cash in lieu for planting in other areas. There are a
variety of species that could be planted, a mix of conifers and deciduous. The
specific trees would be determined prior to final approval.
Stock noted as far as consistency with guide plan,it is,but two unit buildings are
better than three because of lower density;waivers are reasonable, setback from
Highway 212 is a concern.
Stoelting asked the developer about the possibility of making the three unit buildings
into two unit buildings.
The developer said the three unit building was the initial alternative to minimizing
the wetland impact;by moving potential units from the north side to south side. The
site is allowed about 18 units. To leave the north section undeveloped,we clustered
the units to the south and east. This allows some pricing diversity as well.
Nelson said it was appropriate for the guide plan, she was comfortable enough with
the wetland,not totally thrilled,but it meets requirements. The only reason she is
alright with the setback from Highway 212 is because Gray said Highway 212 was
not going to expand.
Foote said over the whole site,it appears legally guide plan compliant. He won't
support the project with units 15 and 16 along Highway 112. Unitsl3 and 14 would
work if turned around to face Sunnybrook Road. They will see rooftops from
Highway 212. The wetland is fine;it enhances property.
Stoelting said this is a very difficult project. Staff has worked hard with the
developer and created a conservation easement, onsite wetland mitigation, and he is
comfortable with waivers requested.He concurs with no units going near the
0
Community Planning Board Minutes
January 8,2001
Page 8
highway,but making the north side a conservation area is a trade-off. He can't point
to any specific reason to vote against the project.
Koenig said she can support the project,but not enthusiastically. She does not like
only 15 feet between townhomes and conservation easement. Townhomes will have
someone mowing;hopefully they will respect the wetland buffer. She is not pleased
about 45%tree loss but understands why it is necessary for this project.
Corneille concurred with Stoelting regarding density and trade-offs, the waivers are
reasonable.
Foote said in Bell Oaks there was a problem with houses built to close to
embankments. There is a steep slope from the corner down to the conservation
easement.
Franzen said he would be concerned about the structure,but it is a requirement that
the lowest floor is 2 feet above the flood elevation. This is 8 feet at the lowest point.
The ordinance has no regulation based on how they look from the highway. There is
•
13 feet difference between the normal setback and the proposal. The Board should
determine whether the setback is more important adjacent to the highway or wetland.
Staff believed the wetland is more important.
Stock asked whether lots 13, 14, 15, and 16 could be staggered in one three unit
building to gain distance from the highway.
The developer said he didn't know if he would be able to keep the wetland impact
the same.He wanted to pull the unit as far back from wetlands as possible.
Motion by Stoelting, second by Nelson approval of project
Motion carried, 4-2.
1
SUNNYBROOK PLACE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, IVIINNESOTA
RESOLUTION NO. 2001-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF SUNNYBROOK PLACE
FOR BATON CORPORATION
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development(PUD) Concept of certain areas located within the City; and
WHEREAS,the Community Planning Board did conduct a public hearing on Sunnybrook
Place PUD Concept by Baton Corporation 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 February 6, 2001.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Sunnybrook Place, 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 January 19, 2001.
3. That the PUD Concept meets the recommendations of the Community Planning
Board dated January 8, 2001.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of February 2001.
Jean L. Harris,Mayor
ATTEST:
Kathleen A.Porta, City Clerk
/Q
Exhibit A
Sunnybrook Place
Legal Description:
Tract A, except that part thereof lying Easterly of the following described line: Beginning at the
most Easterly corner of Tract B,thence Northwesterly along the Northeasterly line of Tract B to the
most Northerly corner of Tract B; thence North to a point on the North line of Tract A, distant
554.36 feet West from the Northeast Corner of Tract A and there terminating;
which lies Easterly of a line run parallel with and distant 90 feet Easterly of Line A described below:
Line A: Beginning at a point on the Easterly extension of the East and West quarter line of Section
22, Township 116 North, Range 22 West, distant.12 feet East of the East quarter corner thereof;
thence run Southerly at an angle of 91 degrees 01 minutes 21 seconds from said Easterly extension
(measure from West to South for 2179 feet;thence deflect to the right on a tangential curve having
a radius of 1432.39 feet and a delta angle of 41 degrees 57 minutes 14 seconds 1048.85 feet and
there terminating; and except that part of said Tract A hereinbefore described, adjoining and Easterly
of the first above described strip,which lies Westerly of the following described line: From a point
on Line A described above, distant 1307.17 feet Northerly of its point of termination,run Easterly
at right angles to said Line A for 90 feet to the point of beginning of the line to be described;thence
run Northeasterly to a point distant 150 feet Easterly(measured at right angels) of a point on said
Line A,distant 1557.17 feet Northerly of its point of termination; thence run Northerly parallel with
said Line A for 300 feet; thence run Northwesterly to a point distant 70 feet Easterly(measured at
right angles) of a point on said Line A, distant 2057.17 feet Northerly of its point of termination and
there terminating, Register Land Survey No. 751.
SUNNYBROOK PLACE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF SUNNYBROOK PLACE FOR BATON CORPORATION
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of the Sunnybrook Place for Baton Corporation dated January 19, 2001,
and consisting of 7.71 acres into 17 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 6th day of February 2001.
Jean L. Harris,Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO: Community Planning Board
FROM: Krista R.Flemming,Planner I
DATE: January 5, 2001
SUBJECT: Sunnybrook Place
APPLICANT: Baton Corporation
FEE OWNER: Baton Corporation
LOCATION: 12650 Sunnybrook Road
REQUEST: 1. Planned Unit Development Concept Amendment on 7.71 acres
2. Planned Unit Development District Amendment with waivers on 7.71 acres
3. Zoning District Change from Rural to RM-6.5 on 7.71 acres
4. Site Plan Review on 7.71 acres
5. Preliminary Plat on 7.71 acres into 17 lots
13
Staff Report—Sunnybrook Place
January 5,2001
BACKGROUND
This site is currently zoned rural and guided low density residential for up to 2.5 units per acre.
There is an existing home on the site that will be removed. Surrounding land uses include
existing and proposed single family residential to the north, south and east. The undeveloped
land to the north is guided low density residential. Highway 212 runs parallel with the eastern
property line.
PLANNED UNIT DEVELOPMENT CONCEPT
The preliminary plat shows the subdivision of 7.71 acres into 16 muliple-family units in 2 and
3 unit stuctures at a density of 2.07 units per acre. Surrounding project densities include
Sunnybrook Cove and Purgatory Creek Estates 2nd at 2.3 u.p.a, Creekview Acres Addition at 2.0
u.p.a., and Waters Edge at Purgatory Creek at 1.2 u.p.a.
The project requires the following waivers from the City code.
• Front yard setback from 30 feet to 17 feet on Lot 16. Side yard setback from 10 feet to
5 feet on Lot 3.
This helps create a better buffer and consistent buffer setback next to the wetlands. In
addition, there is a large right-of-way along Highway 212 (approximately 80 to 100 feet),
which is greater than the 30 foot minimum setback.
• Wetland Buffer Strip (25feet) and Setback(15 feet)to the Alternative Wetland Buffer
Strip (10 feet) and Setback(15 feet)for a low quality wetland as defined by code.
Because there are instances where,because of unique physical characteristics of a specific
parcel, alternative buffers and setbacks should be considered. This parcel is recognized as
"unique"since it meets the six circumstances designated by code defining an extraordinary
situation. Therefore, staff recommends applying the alternative buffer and setback
requirements defined by code to increase open space around the wetland on the north side of
the project. Wetland plantings in the buffer help mitigate the waiver. The site could be
developed without waivers,but would result in additional units located along the northwest
side and increased tree loss and wetland fill.
TREE LOSS
There are 3,372 diameter inches of significant trees on the site. Of this total, 1,522 inches are
naturally occurring cottonwoods while the remaining 1,754 inches are conifers planted as part
of the original homestead.
Many of the conifer trees around the existing house were planted too close together causing some
of them to be in poor health or have inappropriate growing conditions, as determined by the City
Forester. Staff recommends tree loss for the conifers to be evaluated at a 30%loss,the average
residential tree loss. This method of calculation is similar to the method of calculation approved
on the adjacent project to the east, Sunnybrook Cove, which had similar species and growing
conditions.
P6E--2
Staff Report—Sunnybrook Place
January 5,2001
The tree loss for the conifers is 527 diameter inches, or 30%loss,requiring a tree replacement
of 527 caliper inches. The tree loss for the naturally-occurring cottonwoods is 230 diameter
inches, or 15%loss,requiring a tree replacement of 46 caliper inches.
The total tree replacement would be 573 inches.
A conservation easement will be placed over the wetland and wetland buffer area(the majority
of the site beyond individual property lines),which includes a significant wooded area.
LANDSCAPE PLAN
The landscaping required based on a gross building square footage of 41,920 sq. ft. is 131 caliper
inches. The required tree replacement is 573 caliper inches. The total landscaping for the site
is 704 caliper inches. The plan does not meet this requirement and should be revised meet code.
Increasing the sizes of the currently proposed plantings or adding trees to the wetland buffer for
restoration purposes can accomplish this.
WETLANDS
The property includes 2.40 acres of a"low quality"wetland. There are .16 acres, or 6% of the
wetland will be filled. Wetland fill will be mitigated onsite.
UTILITIES
Sewer and water service is available from Sunnybrook Road.
DRAINAGE
Storm water runoff will drain into a NURP pond located on the southeast end of proposed
development and constructed to city standards.
SIDEWALKS
A 5 foot wide sidewalk exists along the north side of Sunnybrook Road.
CONCLUSION
The development of this site is consistent with the guide plan and compatible with the
surrounding area since the proposed density is less than 2.5 units per acre and is similar to
developments to the north, east and south
After presentation by the proponent and listening to comments from the neighborhood,the Board
should discuss the following questions:
1. Is the development consistent with the Guide Plan for Low Density Residential and existing
surrounding density?
2. Are the waivers reasonable and able to be supported?
3. Are the wetland and tree impacts acceptable and mitigated appropriately?
15
Staff Report—Sunnybrook Place
January 5,2001
STAFF RECOMMENDATION
Staff recommends approval of the following:
• Planned Unit Development Concept Amendment on 7.71 acres
• Planned Unit Development District Amendment with waivers on 7.71 acres
• Zoning District Change from Rural to RM-6.5 on 7.71 acres
• Site Plan Review on 7.71 acres
• Preliminary Plat on 7.71 acres into 17 lots
This approval is based on plans dated December 27, 2000, this staff report, and the following
conditions:
1. Prior to City Council review,proponent shall:
A. Revise the landscaping plan to meet the tree replacement and landscaping
requirement of 704 caliper inches.
B. Relocate the 10 trees shown along the west side of Lot 16 so they are not placed
on top of a utility.
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, and wetland
mitigation plans for review by the City Engineer, Environmental Coordinator and
Watershed District.
C. Submit to the City Engineer, recorded copies of the conservation easement
documents, cross access,parking and maintenance agreement documents,and public
use easement documents.
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 and adequate hydrant spacing.
B. Submit a landscaping bond in accordance with City Code.
C. Submit a wetland bond and restoration plan in accordance with City Code.
D. Pay the cash park fee.
4. The following waivers are granted as part of the PUD:
• Front yard setback from 30 feet to 17 feet on Lot 16.
• Side yard setback from 10 feet to 5 feet on Lot 3.
• Wetland Buffer Strip (25feet) and Setback(15 feet) to the Alternative Wetland Buffer
Strip (10 feet) and Setback(15 feet)for a low quality wetland as defined by code.
HAGB 4-
/e
0
i Prairie Memorandum
To: Development Review Committee -
From: Leslie A. Stovring, Environmental Coordinator, City of Eden Prairie
Date: January 8, 2001
Re: Sunnybrook Place Wetlands —Alternative Analysis
Rehder & Associates Inc. submitted a Sequencing Analysis and a Proposed Replacement Summary
dated November 2, 2000. This memorandum as well as previous reviews of the site plans
submitted resulted in a staff recommendation for the alternative wetland buffer strips and setbacks.
The reasons for this conclusion are summarized below.
• The Sequencing Analysis concludes that complete avoidance of the wetland would result in an
inability of the developer,Baton Corp.,to pursue the development at this time.
• Approximately 31%of the site is wetland with the majority of the wetland area concentrated on the
northeast portion of the site. However, the wetland does cross through the center of the site,
• within a drainageway from north to south. This leaves a small percentage of the site in
contiguous,developable areas.
• The developer has worked with the City to re-align the roadways and concentrate the homes on the
south half of the site,eliminating the building originally proposed for the northwest corner of the
site. This compromise resulted in an assurance from the developer that a conservation easement
would be placed not only over the wetland and wetland buffer strip, but over those areas north
and west of the wetlands. This would help preserve critical upland habitat associated with the
wetland complex from development.
• All mitigation for the filled wetland will be conducted on-site. The area proposed for mitigation
appears to include side cast areas from when a drainage ditch was placed through the site. The
ditching was stated to have been conducted before the Wetland Conservation Act. No soils or
hydrology analysis has been conducted in this area, but the general appearance of this area
indicates a good possibility of success for the mitigation.
Based on this information, it appears reasonable to allow the alternative wetland buffer strip
setback. This includes a minimum wetland buffer strip width of 10 feet with a structure
setback of 15 feet for a total of a minimum of 25 feet between the wetland and the structures.
An average buffer width of 30 feet around the wetland is also required. These calculations are
met with the plan set provided on December 8, 2000.
IT
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims February 6,2001
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development and Payment of Claims y -
Financial Services/Don Uram .r L�-�—
Requested Action
Move to: Approve the Payment of'Claims as submitted(roll call vote)
Synopsis
Checks 94988-95192 (from the IFAS system)
Checks 96886-97252 (from the JD Edwards system)
Wire Transfers 1002, and 1005-1010 (from the JD Edwards system)
Background Information
Attachments
City of Eden Prairie
Council Check Summary
2/6/2001
Division Amount
General Fund 442,119
101 Legislative 24,985
102 Legal Counsel -100
. 111 General 20,052
112 Human Resources 144
113 Communication Services 2,132
114 Benefits&Training 10,218
115 Risk Management 2,133
116 Facilities 8,756
130 Assessing 723
133 Community Development 197
135 Information Technology 1,861
136 Wireless Communication 2,740
151 Park Maintenance 1,351
153 Athletic Programs 2,400
154 Community Center 7,211
156 Youth Programs 1,064
157 Special Events 555
158 Senior Center 1,046
159 Recreation Administration 62
160 Adaptive Recreation 376
161 Oak Point Pool 213
163 Park Facilities 2,152
180 Police 18,248
184 Fire 9,671
185 Animal Control 285
186 Inspections 20
200 Engineering 365
201 Street Maintenance 9,175
202 Street Lighting . 213
203 Fleet Services 1,242
203 Fleet Services 20,191
301 CDBG 324
303 Cemetary Operation 375
402 2nd Sheet of Ice 1992A 67,420
403 City Center Debt 726,445
406 Water/Sewer Refunding 1978 685,438
409 Improvement Bonds 1998A 259
502 Park Development 1,023
601 Prairie Village Liquor 29,197
602 Den Road Liquor 156,039
603 Prairie View Liquor 99,122
701 Water Fund 43,431
702 Sewer Fund 184,349
803 Escrow Fund 37,042
Total JD Edwards 2,622,266
Total Previous System 766,941
Grand Total 3,389,207
a
COUNCIL CHECK SUMMARY 01-FEB-2001 (15:44)
DIVISION TOTAL
N/A $1.25
LEGISLATIVE $2,432.27
LEGAL COUNSEL $12,440.72
CUSTOMER SERVICE $41.59
BENEFITS $857.21
TECHNOLOGY $18,201.92
FINANCE $925.98
HUMAN RESOURCES $339.99
CITY CLERK $80.00
HUMAN SERV $9,632.00
RISK MANAGEMENT $2,390.31
WIRELESS COMMUNICATION $451.60
ENGINEERING $6,339.70
INSPECTIONS $311.22
FACILITIES $43,804.98
ASSESSING $144.21
CIVIL DEFENSE $6,313.27
POLICE $3,542.28
FIRE $5,593.74
ANIMAL CONTROL $310.73
PARK ADMIN $1,347.32
STREETS/TRAFFIC $5,949.13
PARK MAINTENANCE $6,831.64
STREET LIGHTING $47,941.74
FLEET SERVICES $4,989.63
ORGANIZED ATHLETICS $3,697.95
COMMUNITY DEV $12,122.56
COMMUNITY CENTER $40,600.02
HISTORICAL $114.38
YOUTH RECREATION $741.47
ADULT RECREATION $1,983.67
RECREATION ADMIN $7.81
ADAPTIVE REC $5.75
PARK FACILITIES $580.08
PUBLIC IMPROV PROD $113,754.11
DEBT SERVICE PAYMENTS $1,500.00
EMPLOYEE PAYROLL DEDUCTIONS $50.50
CAPITAL IMPROVEMENT PROGRAM $9,813.85
CITY CENTER $920.00
SPECIAL REVENUE FUNDS $4,149.01
PRAIRIE VILLAGE $57,230.40
PRAIRIEVIEW $66,861.35
DEN ROAD $123,364.55
WATER DEPT $87,172.98
SEWER DEPT $5,262.31
STORM DRAINAGE $53,578.39
AGENCY FUNDS $2,215.80
$766,941.37*
City of Eden Prairie
Council Check Register
2/6/2001
Check# Amount Vendor Account Description Business Unit
1002 92,113 MINNESOTA DEPT OF REVENUE Sales Tax Payable Den Road Liquor Store
1005 685,438 WELLS FARGO BANK MINNESOTA NA Principal Water&Sewer Refund Bond 1979
1006 793,865 US BANK Principal City Center Debt Fund
1007 121,697 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund
1008 21,290 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund
1009 13,717 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
1010 7,002 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
96886 165 ARMOR SECURITY INC. Other Contracted Services Outdoor Center
96887 65 BURKE LAUREL Lessons&Classes Ice Arena
96888 32 BUTLER SARAH Program Fee Winter Skill Development
96889 69 CAMPOS LORI Recreation Supplies After School Programs
96890 159 DAUWALTER DAN Insurance Risk Management
96891 40 JACOBSON SUSAN Lessons&Classes Oak Point Lessons
96892 81 KRAEMERS HARDWARE INC Operating Supplies Street Maintenance
96893 75 LAVONE CAROL Lessons&Classes Fitness Classes
96894 800 MINNESOTA TRANSPORTATION ALLIA Dues&Subscriptions In Service Training
96895 59 NELSON CATHY Lessons&Classes Ice Arena
96896 528 QWEST Telephone Den Road Liquor Store
96897 65 STEWART DENISE Lessons&Classes Ice Arena
96898 259 US BANK Paying Agent Improvement Bonds 1998A
96899 170 WHITMORE MOLLY Lessons&Classes Ice Arena
96900 250 AARP 55 ALIVE MATURE DRIVING Special Event Fees Senior Center Program
96901 3 CURTIS FRED Program Fee Senior Center Program
96902 3 FARMER LOUISE Program Fee Senior Center Program
96903 205 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions In Service Training
96904 55 GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions In Service Training
96905 200 HARRIS JEAN Travel Expense City Council
96906 17 MARQUARDT ESTHER Program Fee Senior Center Program
96907 60 MINNESOTA GFOA Dues&Subscriptions In Service Training
96908 59 PEPPER CAROLYN Lessons&Classes Ice Arena
96909 28 TALLE PRISCILLA Program Fee Senior Center Program
96910 1,287 US POSTMASTER-HOPKINS Postage Water Accounting
96911 24 ANOKA CITY OF Dues&Subscriptions Human Resources
96912 688 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks
96913 20 EDEN PRAIRIE FIREFIGHTER'S REL Other Deductions General Fund
96914 449 EXECUTRAIN Conference Expense In Service Training
96915 1,408 LAUER ERVIN Insurance Risk Management
96916 45 MASWCD Conference Expense In Service Training
96917 41 MINNCOMM PAGING Pager&Cell Phone Sewer Utility-General
96918 55 MRPA Conference Expense In Service Training
96919 20 MUNICI-PALS Dues&Subscriptions Human Resources
96920 237 NCPERS GROUP LIFE INSURANCE Life Insurance Employees General Fund
96921 65,219 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund
96922 134 PUBLIC EMPLOYEES RETIREMENT AS Employers PERA General Fund
96923 104 TARGET CENTER Special Event Fees Preschool Events
96924 166 UNITED WAY United Way Withheld General Fund
96925 1,094 VANMAN COMPANIES Deposits Escrow
96926 325 BOGREN ANN Travel Expense Police
96927 1,500 JOHN REID AND ASSOCIATES Tuition Reimbursement/School Police
96928 100 ONTRACK Other Contracted Services General
96929 80 RICHFIELD CRIME PREVENTION UNI Tuition Reimbursement/School Police
96930 310 AARP 55 ALIVE MATURE DRIVING Special Event Fees Senior Center Program
96931 252 ARROWWOOD RADISSON RESORT Travel Expense Police
96932 9,681 ASSOCIATION OF METROPOLITAN MU Dues&Subscriptions City Council
96933 166 BARLI ROBERT Clothing&Uniforms Police
96934 115 BERGSTROM JIM Clothing&Uniforms Police
96935 168 COLE SCOTT Tuition Reimbursement/School In Service Training
96936 333 CONNEY SAFETY PRODUCTS Safety Supplies Fleet Services
96937 798 CORDER DEAN R. Clothing&Uniforms Police
LI
City of Eden Prairie
Council Check Register
2/6/2001
Check# Amount Vendor Account Description Business Unit
96938 30 FILIMONOVA OLENA Program Fee Special Events&Trips
96939 168 HAMMERLIND PETE Tuition Reimbursement/School In Service Training
96940 324 HENNEPIN COUNTY County Government 1998 Rehab Program
96941 120 JOHNSON RITA Program Fee Special Events&Trips
96942 60 KLOECKNER LINDA Program Fee Special Events&Trips
96943 167 LAMBERT BOB Dues&Subscriptions In Service Training
96944 30 LANE MARADEE Program Fee Special Events&Trips
96945 45 MAMA Dues&Subscriptions City Council
96946 35 METTILLE NANCY Program Fee Winter Skill Development
96947 1,424 MRPA Special Event Fees Volleyball
96948 1,200 NORTH AMERICAN MEMBERSHIP GROU False Alarm Fees General Fund
96949 62 OBIAZOR LAURIE Office Supplies Recreation Administration
96950 60 OLSON ROBERT Program Fee Special Events&Trips
96951 60 OLSON SUSAN Program Fee Special Events&Trips
96952 8 PIGNERI CHARLES Program Fee Special Events&Trips
96954 4,909 QWEST Telephone General
96955 60 RANDLEMAN CHERYL Program Fee Special Events&Trips
96956 100 SUEDBECK JEFF Refunds Environmental Education
96957 3,059 UNITED STATES CONFERENCE OF MA Dues&Subscriptions City Council
96958 75 UNIVERSITY OF MINNESOTA Travel Expense Police
96959 859 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
96960 3 AT&T Telephone General
96961 885 BLOOMINGTON CITY OF Tuition Reimbursement/School Police
96962 63 BOSEK LYLE Travel Expense In Service Training
96963 11,128 CONVERGENT COMMUNICATIONS SRVC Telephone General
96964 15 DAYS COMMUNICATION INC. Dues&Subscriptions Police
96965 140 DMX/MINNEAPOLIS Other Contracted Services Prairie Village Liquor Store
96966 40 DONOKOS OLGA Lessons&Classes Pool Lessons
96967 60 FABINI MICHAEL J Travel Expense In Service Training
96968 29 FADDEN TIMOTHY Travel Expense In Service Training
96969 40 FIRE FINDINGS Dues&Subscriptions - Police
96970 136 GRANT ANNETTE Lessons&Classes Ice Arena
96971 27 HALL ANN Program Fee Senior Center Program
96972 35 HAYDEN JENNY Lessons&Classes Oak Point Lessons
96973 27 HOFFMAN JEAN Program Fee Senior Center Program
96974 50 HUTCHINS BRUCE Travel Expense In Service Training
96975 210 LEAGUE OF MINNESOTA CITIES Conference Expense In Service Training
96976 268 MARSHALL&SWIFT Dues&Subscriptions In Service Training
96977 246 MINNEAPOLIS AREA ASSOC OF REAL Operating Supplies Assessing
96978 500 MINNESOTA DEPARTMENT OF HEALTH Conference Expense In Service Training
96979 60 MINNESOTA LEGAL REGISTER Operating Supplies Assessing
96980 72 NESBITT DENNY Travel Expense In Service Training
96981 60 NIOA Dues&Subscriptions Police
96982 60 PLEAA Dues&Subscriptions Police
96983 195 PRYOR RESOURCES INC. Tuition Reimbursement/School Fire
96984 295 PWC-VALUE CYCLES Operating Supplies Assessing
96985 1,010 QWEST Telephone Fire
96986 612 QWEST INTERPRISE Telephone General
96987 134 ST. PETER JOANIE Lessons&Classes Ice Arena
96988 27 SYVERSON PHYLLIS Program Fee Senior Center Program
96989 81 VERIZON DIRECTORIES CORP Telephone Prairie View Liquor Store
96990 27 PAZ LUZ Program Fee Senior Center Program
96991 32 BIASCO CAROLINE Program Fee Winter Skill Development
96992 25 BIRTZER CAROL Program Fee Outdoor Center
96993 32 BLOMQUIST RENAE Program Fee Winter Skill Development
96994 9 CRANE DIANE Program Fee Outdoor Center
96995 76 HANSON ROBERT N. Program Fee Adult Program
96996 32 LANCASTER CAROLYN Program Fee Winter Skill Development
96997 9 LANE MARY Program Fee Outdoor Center
5
City of Eden Prairie
Council Check Register
2/6/2001
Check# Amount Vendor Account Description Business Unit
96998 9 MANN MA'LISA Program Fee Outdoor Center
96999 50 MATTHEWS KATHE Program Fee Preschool Events
97000 216 OLD LOG THEATER Special Event Fees Adult Program
97001 1,512 ONTRACK Other Contracted Services General
97002 34 US POSTMASTER Postage General
97003 50 WILLIAMS SHARI Program Fee Preschool Events
97004 44 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store
97005 4,455 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
97007 15,657 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store
97008 4,830 MARK VII Beer Den Road Liquor Store
97009 68 NORTH STAR ICE Misc Taxable Den Road Liquor Store
97010 9,379 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie View Liquor Store
97011 27 AT&T Telephone Water Utility-General
97012 186 CLEMENT DWIGHT Tuition Reimbursement/School In Service Training
97013 741 CORDER DEAN R. Clothing&Uniforms Police
97014 45 EXPRESS MESSENGER SYSTEMS INC Postage General
97015 197 GE CAPITAL Other Rentals General
97016 116 HANLON STEVE Fire Prevention Supplies Fire
97017 35 HAWTHORNE CARRIAGE HOMES Building Rental General Facilities
97018 125 HENNEPIN COUNTY TREASURER Conference Expense In Service Training
97019 300 HOME DEPOT/GECF Building Materials Park Acquisition&Development
97020 32 LINDAHL DAVID Miscellaneous Community Development
97021 80 MCFERRIN TANYA Instructor Service Outdoor Center
97022 600 METROPOLITAN AIRPORTS COMMISSI Other Rentals Flying Cloud Fields
97023 2,597 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
97024 1,924 PRAIRIE CYCLE&SKI Recreation Supplies Outdoor Center
97025 20 STATE TREASURER Licenses&Taxes Inspections-Administration
97026 153 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Den Road Liquor Store
97027 951 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant
97028 176 BARLI ROBERT Clothing&Uniforms Police
97029 159 BOGREN ANN Clothing&Uniforms Police
97030 188 CINEMA GRILL Operating Supplies Leisure Time
97031 54 COOK JOAN Lessons&Classes Ice Arena '
97032 40 DEPARTMENT OF AGRICULTURE Other Contracted Services Water Treatment Plant
97033 348 DUPONT BRENT Clothing&Uniforms Police
97034 590 FELICIAN COLLEGE Tuition Reimbursement/School Police
97035 152 HAMMERLIND PETE Tuition Reimbursement/School In Service Training
97036 120 INSTITUTE OF TRANSPORTATION EN Operating Supplies Engineering
97037 48 KRAEMERS HARDWARE INC Operating Supplies Water Utility-General
97038 ' 60 MCGINTY-VANSICKLE PATTI Clothing&Uniforms Police
97039 340 MINNESOTA CHAPTER IAAI-J SCHAD Conference Expense In Service Training
97040 134 POGATCHNIK MARCI Clothing&Uniforms Police
97041 80 PROFESSIONAL DRIVER TRAINING I Tuition Reimbursement/School Pool Maintenance
97042 8 RABER CHARLENE Program Fee Senior Center Program
97043 313 REBS MARKETING Other Contracted Services Water Accounting
97044 2,849 ROSEMOUNT INC. Equipment Parts Water Treatment Plant
97045 150 SENSIBLE LAND USE COALITION Miscellaneous In Service Training
97046 100 SOUNDS GREAT •
Other Contracted Services Special Events&Trips
97047 210 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire
97048 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant
97049 26 THIES DOUG Video&Photo Supplies Fire
97050 245 TRANSPORTATION RESEARCH BOARD Operating Supplies Engineering
97051 323 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
97052 100 CINEMA GRILL Operating Supplies Leisure Time
97053 88 CINEMA GRILL Operating Supplies Leisure Time
97054 30 ANDERSON CINDY Program Fee Ski Trips/Winter Camp
97055 150 ATOM Dues&Subscriptions Police
97056 20 AVCAM Dues&Subscriptions Police
97057 52 BECKER DAVE Clothing&Uniforms Police
•
City of Eden Prairie
Council Check Register
2/6/2001
Check# Amount Vendor Account Description Business Unit
97058 48 BLAUERT MARY Lessons&Classes Ice Arena
97059 49 COLEMAN JOHN Travel Expense In Service Training
97060 30 CONRAD JAN Program Fee Ski Trips/Winter Camp
97061 35 COUGHLIN JENNIE Lessons&Classes Ice Arena
97062 236 CUMMINGS KIM Clothing&Uniforms Fire
97063 30 EASTMAN ROCHELLE Program Fee Ski Trips/Winter Camp
97064 8 ESSINK DEB - Lessons&Classes Pool Lessons
97065 120 FBINAA Dues&Subscriptions Police
97066 60 HANLON SCOTT Tuition Reimbursement/School Fire
97067 272 HANLON STEVE Fire Prevention Supplies Fire
97068 200 HENNEPIN COUNTY CHIEFS OF POLI Dues&Subscriptions Police
97069 182,821 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General
97070 138 MUELLER CYNTHIA Operating Supplies Oak Point Operations
97071 150 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police
97072 1,182 NILSSON BETH 'Instructor Service Ice Arena
97073 59 OSOSKI ELAINE Lessons&Classes Ice Arena
97074 59 OTTEN DAN Travel Expense In Service Training
97075 101 QUINLAN PUBLISHING Dues&Subscriptions Police
97076 22 THIELMAN MARC Operating Supplies General Facilities
97077 12 TIME WARNER CABLE Cable TV Communication Services
97078 161 STRINGER BUSINESS SYSTEMS INC Equipment Repair&Maint General
97079 59 ALL SAINTS BRANDS DISTRIBUTING Wine Imported Den Road Liquor Store
97080 195 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
97081 2,144 BELLBOY CORPORATION Liquor Den Road Liquor Store
97082 5,175 DAY DISTRIBUTING Beer Den Road Liquor Store
97083 5,820 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store
97084 8,632 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store
97085 1,353 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
97086 20,894 GRIGGS COOPER&CO Liquor Den Road Liquor Store
97091 46,650 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store
97092 1,775 LAKE REGION VENDING Tobacco Products Den Road Liquor Store
97093 4,678 MARK VII Beer Den Road Liquor Store
97094 292 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store
97095 58 NORTH STAR ICE Misc Taxable Den Road Liquor Store
97096 1,590 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store
97099 24,198 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
97100 473 PINNACLE DISTRIBUTING Tobacco Products Den Road Liquor Store
97101 1,569 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
97104 11,399 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store
97105 10,717 THORPE DISTRIBUTING Beer Prairie View Liquor Store
97106 1,770 WINE COMPANY THE Wine Domestic Prairie View Liquor Store
97107 4,127 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
97108 394 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store
97109 20 BEVEROTH CAROL Program Fee • Outdoor Center
97110 40 BOLD PAULINE Instructor Service Outdoor Center
97111 689 BREHM GROUP THE Life Ins/Employers Share Employee Benefits
97112 16 GINN SALLY Program Fee Outdoor Center
97113 130 KREI MELISSA Clothing&Uniforms Police
97114 540 LEAGUE OF MINNESOTA CITIES Training Supplies In Service Training
97115 9,536 MASSMUTUAL LIFE INSURANCE CO. Building Rental Prairie View Liquor Store
97116 142,992 MEDICA CHOICE Medical Bills Prepaid General Fund
97117 20 MINNESOTA PRIMA Dues&Subscriptions Communication Services
97118 10 MINNESOTA STATE UNIV.MANKATO Conference Expense Youth Programs Administration
97119 1,288 MRPA Dues&Subscriptions In Service Training
97120 12,000 MUNICIPAL LEGISLATIVE COMMISSI Dues&Subscriptions City Council
97121 4,933 PRUDENTIAL INSURANCE CO OF AME Life Insurance Employees General Fund
97122 59,746 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund
97123 240 PUBLIC EMPLOYEES RETIREMENT AS Employers PERA General Fund
97124 49 QUICKSILVER EXPRESS COURIER Postage General
City of Eden Prairie
Council Check Register
2/6/2001
Check# Amount Vendor Account Description Business Unit
97125 19,449 REALIFE INC. Deposits Escrow
97126 14,593 SOUTHWEST METRO TRANSIT Deposits Escrow
97127 1,395 UNIVERSITY OF MINNESOTA Conference Expense In Service Training
97128 20 VINTON PAMELA Program Fee Outdoor Center
97129 770 BOMA MINNEAPOLIS Dues&Subscriptions General Facilities
97130 4,248 ADTECH SYSTEMS INC. Other Assets Fire
97131 1,005 ASPEN EQUIPMENT CO. Operating Supplies Street Maintenance
97132 80 BARTZ GERALD Other Contracted Services Basketball
97133 247 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services
97134 9 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies General Facilities
97135 375 BOB GILBERTSON ADVERTISING Fire Prevention Supplies Fire
97136 1,575 BURTON EQUIPMENT INC Building Materials Water Treatment Plant
97137 4,486 CARGILL SALT - Salt Snow&Ice Control
97138 12 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services
97139 33 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services
97140 1,861 CDW GOVERNMENT INC. Other Hardware Information Technology
97141 2,655 CHAD NESTOR&ASSOCIATES Other Contracted Services Communication Services
97142 362 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services
97143 583 CLAREYS INC Equipment Testing/Cert. Sewer System Maintenance
97144 21 CONNEY SAFETY PRODUCTS Cleaning Supplies Water Treatment Plant ,
97145 3,054 CORNERHOUSE Other Contracted Services Police
97147 3,101 CORPORATE EXPRESS Office Supplies Police
97148 28 CROWN MARKING INC Office Supplies General
97149 100 CRYSTAL CITY OF Training Supplies Human Resources
97150 6,351 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant
97151 380 DANKO EMERGENCY EQUIPMENT CO Equipment Repair&Maint Fire
97152 308 DEALER AUTOMOTIVE SERVICES INC Equipment Repair&Maint Fleet Services
97153 315 DECORATIVE DESIGNS INC Other Contracted Services Water Treatment Plant
97154 375 DIETHELM GARY Other Contracted Services Pleasant Hill Cemetary
97155 43 DIGI-KEY Equipment Parts Wireless Communication
97156 521 DIRECT SAFETY CO Protective Clothing Water Utility-General
97157 59 DRISKILLS NEW MARKET Operating Supplies Water Utility-General
97158 1,099 EARL F ANDERSEN INC Signs Traffic Signs
97159 446 ECOLAB INC Other Contracted Services Public Works/Parks
97160 2,540 EF JOHNSON Equipment Parts Wireless Communication
97161 175 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
97162 3,388 FACILITY SYSTEMS INC Capital Under$2000 General Facilities
97163 76 FIRE INSTRUCTORS ASSOCIATION 0 Training Supplies Fire
97164 259 GILLUND ENTERPRISES Operating Supplies Street Maintenance
97165 47 GOODALL MFG LLC Equipment Parts Fleet Services
97166 326 GREATAMERICA LEASING CORP. Equipment Repair&Maint General
97167 200 HAMILTON MICHAEL Other Contracted Services Broomball
97168 397 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services
97169 11,178 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
97170 943 HAWK LABELING SYSTEMS Operating Supplies General Facilities
97171 520 HENNEPIN COUNTY TREASURER Operating Supplies Community Development
97172 5 HERC U LIFT Equipment Parts Fleet Services
97173 696 HOLMES TOM Other Contracted Services Volleyball
97174 2,340 ICI DULUX PAINT CTRS Building Repair&Maint. Water Treatment Plant
97175 213 J H LARSON ELECTRICAL COMPANY Operating Supplies Street Lighting
97176 429 J J KELLER&ASSOCIATES INC Safety Supplies Risk Management
97177 357 J MARCEL ENTERPRISES Clothing&Uniforms Police
97178 2,579 JANEX INC Operating Supplies Prairie View Liquor Store
97179 279 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant
97180 2,041 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
97181 176 KRAEMERS HARDWARE INC Building Repair&Maint. Water Treatment Plant
97182 513 LAB SAFETY SUPPLY INC Operating Supplies Water Treatment Plant
97183 223 LAKE COUNTRY DOOR Equipment Repair&Maint Public Works/Parks
97184 557 LAKELAND ENGINEERING EQUIP CO Equipment Parts Water Treatment Plant
U
City of Eden Prairie
Council Check Register
2/6/2001
Check# Amount Vendor Account Description Business Unit
97185 58 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services
97186 73 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Services
97187 1,554 MACQUEEN EQUIPMENT INC Small Tools Fleet Services
97188 62 MAIL BOXES ETC Postage Water Utility-General
97189 7 MAIL BOXES ETC Postage Water Treatment Plant
97190 58 MARKS CERTICARE AMOCO Equipment Repair&Maint Fleet Services
97192 1,528 MENARDS Building Materials Park Acquisition&Development
97193 2,483 METRO SALES INCORPORATED* Other Rentals General
97194 150 METROPOLITAN AREA PROMOTIONS C Advertising Prairie View Liquor Store
97195 64 METROPOLITAN FORD Equipment Parts Fleet Services
97196 526 MIDWAY INDUSTRIAL SUPPLY CO IN Equipment Repair&Maint Fire Station#1
97197 264 MIDWEST ASPHALT CORPORATION Patching Asphalt Water System Maintenance
97198 357 MINNESOTA CONWAY Repair&Maint.Supplies Fire
97199 225 MINNESOTA SAFETY COUNCIL Dues&Subscriptions In Service Training
97200 206 MINNESOTA VIKINGS FOOD SERVICE Miscellaneous General Facilities
97201 918 MUNICILITE Equipment Parts Fleet Services
97202 19 NORTHERN TOOL&EQUIPMENT CO. Operating Supplies Water System Maintenance
97203 235 OHLIN SALES Operating Supplies General Facilities
97204 241 OLSEN COMPANIES Repair&Maint.Supplies Water Treatment Plant
97205 603 PITNEY BOWES INC Equipment Repair&Maint General
97206 121 POWER SYSTEMS Equipment Parts Fleet Services
97207 184 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Fire
97208 194 PRIORITY COURIER EXPERTS Postage General
97209 307 QUALITY FLOW SYSTEMS INC Equipment Parts Sewer Liftstation
97210 28 RAINBOW FOODS INC. Operating Supplies Senior Center Program
97211 508 RAK INDUSTRIES Operating Supplies Street Maintenance
97212 644 RDO FINANCIAL SERVICES CO Equipment Parts Fleet Services
97213 11,189 RMR SERVICES INC Equipment Parts Water Meter Repair
97214 196 SANCO CLEANING SUPPLIES Cleaning Supplies Water Treatment Plant
97215 272 SCIENCE CURRICULUM INC Operating Supplies Environmental Education
97216 3,276 SCIENCE KIT&BOREAL LABORATOR Operating Supplies Environmental Education
97217 285 SE-ME INC Video&Photo Supplies Animal Control
97218 149 SHERWIN WILLIAMS CO Repair&Maint.Supplies Water Treatment Plant
97219 314 SIWEK LUMBER&MILLWORK INC Building Materials Street Maintenance
97220 332 SNAP-ON TOOLS Small Tools Water Treatment Plant
97221 1,250 SOUTHWEST FAMILY SERVICES Employee Assistance Employee Benefits
97222 651 SOUTHWEST LOCK&KEY Repair&Maint.Supplies Maintenance
97223 52 SPS COMPANIES Building Repair&Maint. Water Treatment Plant
97224 24 STITCH LAB THE Clothing&Uniforms Police
97226 2,693 STREICHERS Clothing&Uniforms Police
97227 303 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services
97228 40 SUBURBAN PROPANE Equipment Parts Fleet Services
97229 9 SUBURBAN TIRE&AUTO SERVICE I Tires Fleet Services
97230 125 SWEDLUNDS Waste Disposal Outdoor Center
97231 173 TESSCO Equipment Parts Wireless Communication
97232 41 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Services
97233 868 TOTAL REGISTER Other Contracted Services Prairie Village Liquor Store
97234 111 TRUCK UTILITIES MFG CO Equipment Parts Fleet Services
97235 86 TWIN CITY OXYGEN CO Equipment Parts Water System Maintenance
97236 148 TWINCO ROMAX Equipment Parts Fleet Services
97237 2,509 UNIFORMS UNLIMITED Equipment Repair&Maint Fire
97238 135 UNITED PROPERTIES Building Repair&Maint. Den Road Liquor Store
97239 422 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
97240 297 US FILTER/WATERPRO Equipment Parts Water Meter Repair
97241 337 US OFFICE PRODUCTS Office Supplies Water Utility-General
97242 1,005 VESSCO INC Equipment Parts Water Treatment Plant
97243 1,529 W W GRAINGER Repair&Maint.Supplies Maintenance
97244 804 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance
97245 1,899 WATSON CO INC THE Merchandise for Resale Concessions
9
City of Eden Prairie
Council Check Register
2/6/2001
Check# Amount Vendor Account Description Business Unit
97246 111 WEST WELD Small Tools Fleet Services
97247 114 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services
97248 279 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Services
97249 1,124 WM MUELLER AND SONS INC Sand Snow&Ice Control
97250 147 WOLF CAMERA INC Video&Photo Supplies Assessing
97251 139 XPECT FIRST AID Safety Supplies Risk Management
97252 173 ZIEGLER INC Equipment Parts Fleet Services
Grand Total
2,622,267 Total JD Edwards
766,941 Total previous system
3,389,208 Grand Total
10
COUNCIL CHECK REGISTER 01-YEB-2001 (15
CCK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
94988 $198.99 DELEGARD TOOL CO SMALL TOOLS PARK MAINTENANCE
94989 $358.65 FACILITY SYSTEMS INC FURNITURE & FIXTURES FURNITURE ACCOUNT
94990 $19.98 GUSTAD, MARK M. CLOTHING & UNIFORMS POLICE
94991 $179.30 MERLINS ACE HARDWARE REPAIR & MAINT SUPPLIES EPCC MAINTENANCE
94992 $1,573.26 US WEST COMMUNICATIONS TELEPHONE SEWER UTILITY-GENERAL
94993 $75.00 WILDER, LOIS INSTRUCTOR SERVICE SENIOR CENTER PROGRAM
94994 $427.25 SORENSON, TIFFANY SCHOOLS IN SERVICE TRAINING
94995 $3,756.66 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA
94996 $416.05 HOOGENAKKER, KATHY SCHOOLS IN SERVICE TRAINING
94997 $65.00 SENIOR CENTER TREASURY SPECIAL EVENTS FEES SENIOR CENTER PROGRAM
94998 $60.30 ACE ICE COMPANY MISC TAXABLE PRAIRE VIEW LIQUOR #3
94999 $127.25 AMERIPRIDE LINEN & APPAREL SER REPAIR & MAINT SUPPLIES LIQUOR STORE CUB FOODS
95000 $2,657.32 BELLBOY CORPORATION MISC NON-TAXABLE PRAIRIE VILLAGE LIQUOR #1
95002 $4,494.85 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
95003 $2,865.55 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1
95005 $7,822.65 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
95006 $1,670.00 GRAPE BEGINNINGS TRANSPORTATION PRAIRIE VILLAGE LIQUOR #1
95007 $17,314.17 GRIGGS COOPER & CO TRANSPORTATION PRAIRIE VILLAGE LIQUOR #1
95009 $27,360.67 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS
95013 $2,928.44 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS
95014 $13,531.16 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS
95015 $824.82 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRE VIEW LIQUOR #3
95016 $260.85 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS
95017 $4,401.38 PAUSTIS & SONS COMPANY WINE IMPORTED LIQUOR STORE CUB FOODS
95019 $875.65 PEPSI COLA COMPANY MERCHANDISE FOR RESALE CONCESSIONS
95020 $19,031.38 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS
95024 $1,063.32 PINNACLE DISTRIBUTING MISC NON-TAXABLE PRAIRIE VILLAGE LIQUOR #1
95025 $3,309.28 PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1
95027 $14,111.40 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3
95029 $17,852.49 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3
95030 $25.00 VINTAGE ONE WINES INC TRANSPORTATION PRAIRE VIEW LIQUOR #3
95031 $1,153.12 WINE COMPANY, THE WINE IMPORTED LIQUOR STORE CUB FOODS
95032 $375.80 WINE MERCHANTS INC WINE DOMESTIC LIQUOR STORE CUB FOODS
95033 $565.34 WORLD CLASS WINES INC WINE IMPORTED LIQUOR STORE CUB FOODS
95034 $72.73 AMOCO OIL COMPANY MOTOR FUELS EQUIPMENT MAINTENANCE
95035 $920.00 BACHMANS CREDIT DEPT CONTRACTED BLDG MAINT EP CITY CTR OPERATING COSTS
95036 $12.75 LESCO INC LANDSCAPE MILS & AG SUPPL STREET MAINTENANCE
95037 $8,555.50 MINNEGASCO GAS FIRE STATION #5
95040 $111.80 CRACAUER, CLIFF MILEAGE AND PARKING EQUIPMENT MAINTENANCE
95041 $445.56 HARRIS, JEAN MILEAGE AND PARKING COUNCIL
95042 $451.60 HENNEPIN COUNTY SHERIFF'S OFFI COMMUNICATIONS WIRELESS COMMUNICATION
95043 $8.54 HENNEPIN COUNTY TREASURER WASTE DISPOSAL PARK MAINTENANCE
95044 $68.90 HENNEPIN COUNTY WASTE DISPOSAL PARK MAINTENANCE
95045 $735.81 MINNESOTA VALLEY ELECTRIC COOP ELECTRIC RILEY LAKE
95046 $198.25 SCHEPERS, JACK MILEAGE AND PARKING PRAIRIE VILLAGE LIQUOR #1
95047 $68.29 AMERIPRIDE LINEN & APPAREL SER REPAIR & MAINT SUPPLIES LIQUOR STORE CUB FOODS
95048 $1,412.80 BELLBOY CORPORATION MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS
95049 $8,758.85 DAY DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS
95050 $5,182.63 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1
95052 $12,371.45 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
95053 $112.40 GETTMAN COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1
95054 $12,804.15 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1
95056 $6,707.55 JOHNSON BROTHERS LIQUOR CO MISC NON-TAXABLE PRAIRE VIEW LIQUOR #3
95058 $868.47 LAKE REGION VENDING TOBACCO PRODUCTS PRAIRE VIEW LIQUOR #3
95059 $176.00 MARK VII BEER 6/12 LIQUOR STORE Cull FOODS
I[
COUNCIL C'l'CK REGISIEK 01-FEB-2001 (15
CWF'CK NO Cr±i.CK AMOUNT VENDOR DESCRIPTION PROGRAM
95060 $183.49 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS
95061 $106.24 PEPSI COLA COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS
95062 $5,177.67 PHILLIPS WINE AND SPIRITS INC TRANSPORTATION LIQUOR STORE CUB FOODS
95064 $779.37 PINNACLE DISTRIBUTING MISC TAXABLE PRAIRE VIEW LIQUOR #3
95065 $3,983.45 PRIOR WINE COMPANY MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3
95066 $669.91 QUALITY WINE & SPIRTS CO TRANSPORTATION LIQUOR STORE CUB FOODS
95067 $22,414.27 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3
95068 $136.45 WINE MERCHANTS INC WINE DOMESTIC LIQUOR STORE CUB FOODS
95069 $405.86 WORLD CLASS WINES INC WINE IMPORTED PRAIRE VIEW LIQUOR #3
95070 $702.88 SEARS COMMERCIAL ONE VIDEO SUPPLIES WATER UTILITY-GENERAL
95071 $805.83 AIRTOUCH CELLULAR, BELLEVUE TELEPHONE FIRE
95072 $2,050.55 NORTHERN STATES POWER CO ELECTRIC STORMWATER LIFTSTATION
95073 $107.40 FROEMMING, NANCY OPERATING SUPPLIES-GENERAL PRAIRE VIEW LIQUOR #3
95074 $65.89 GLENWOOD INGLEWOOD OPERATING SUPPLIES-GENERAL FITNESS CENTER
95075 $43.35 HOME DEPOT/GECF OPERATING SUPPLIES-GENERAL STREET MAINTENANCE
95076 $52.81 KRAEMERS HARDWARE INC SMALL TOOLS SEWER LIFTSTATION
95077 $46,185.54 RELIANT ENERGY RETAIL INC. GAS EPCC MAINTENANCE
95078 $4.73 GENUINE PARTS COMPANY SMALL TOOLS SEWER LIFTSTATION
95079 $75.20 GOPHER STATE ONE-CALL INC OTHER CONTRACTED SERVICES WATER SYSTEM MAINTENANCE
95080 $339.00 HENNEPIN COUNTY TREASURER - AC BOARD OF PRISONERS SVC POLICE
95081 $12,440.72 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE LEGAL COUSEL
95082 $2,390.31 LEAGUE OF MINNESOTA CITIES INS INSURANCE RISK MANAGEMENT
95083 $80.00 NESBITT, MARION WAGES NO BENEFITS ELECTION
95084 $53.51 PETTY CASH MISCELLANEOUS IN SERVICE TRAINING
95085 $77.00 SINELL, STEVE MISCELLANEOUS ASSESSING-ADMIN
95086 $53.70 SUBURBAN PROPANE MOTOR FUELS EQUIPMENT MAINTENANCE
95087 $1,500.00 NORWEST BANK MN N.A. PAYING AGENT B & PAYMENTS
95088 $101,963.05 NORTHERN STATES POWER CO ELECTRIC TRAFFIC SIGNALS
95094 $445.69 EAGLE WINE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1
95095 $10,385.80 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1
95096 $1,863.83 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1
95097 $2,445.46 PHILLIPS WINE AND SPIRITS INC TRANSPORTATION PRAIRE VIEW LIQUOR #3
95098 $772.83 PRIOR WINE COMPANY WINE IMPORTED PRAIRE VIEW LIQUOR #3
95099 $1,177.00 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3
95100 $114.38 GERTZ, JOHN REC EQUIP & SUPPLIES HERITAGE PRESERVATION
95101 $528.45 LANZI, BOB MILEAGE AND PARKING ATHLETIC COORDINATOR
95102 $377.30 MAROTTA, VIC OTHER CONTRACTED SERVICES FALL SKILL DEVELOP
95103 $51.75 RIVER CITY SHEET METAL INC. BLDG SURCHARGES MECH SURCHARGE
95104 $3,549.79 HOPKINS, CITY OF DEPOSITS ESCROW
95105 $2,777.52 TRAFFIC MANAGEMENT ASSN CORE 0 REIMBURSEMENT GOLDEN TRIANGE STUDY
95106 $736.51 ALTERNATIVE BUSINESS FURNITURE FURNITURE & FIXTURES FURNITURE ACCOUNT
95107 $465.25 AMERICAN WATER WORKS ASSOCIATI TRAINING SUPPLIES WATER UTILITY-GENERAL
95108 $743.40 AUTOMATED ENTRANCE PRODUCTS IN BLDG REPAIR & MAINT LIQUOR STORE CUB FOODS
95109 $2,425.00 BACONS ELECTRIC COMPANY CONTRACTED EQUIP REPAIR WATER WELL #2
95110 $1,025.00 BARTZ, GERALD OTHER CONTRACTED SERVICES SOFTBALL
95111 $270.28 BATTCHER AND AERO ELECTRICAL C OTHER CONTRACTED SERVICES HIDDEN PONDS RES
95112 $220.50 BERRY COFFEE COMPANY OPERATING SUPPLIES-GENERAL FIRE
95113 $254.13 BLOOMINGTON LOCK AND SAFE* CONTRACTED EQUIP REPAIR LIQUOR STORE CUB FOODS
95114 $575.00 BROWN, PAUL OTHER CONTRACTED SERVICES OUTDOOR CTR PROGRAM
95115 $760.00 CARTEGRAPH SYSTEMS INC CONTRACTED REPAIR & MAINT INFORMATION SYSTEM
95116 $13,071.57 CENTRAIRE INC CONTRACTED BLDG REPAIRS FIRE STATION #3
95118 $73.54 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE
95119 $259.07 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE
95120 $3,232.64 CUTLER-MAGNER COMPANY CHEMICALS ENVIRONMENTAL EDUCATION
95121 $12,775.28 DAHLGREN SHARDLOW AND UBAN DEPOSITS ESCROW
0a
COUNCIL CHECK REGISTER 01-FEB-2001 (15
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
95122 $1,058.00 DALCO ROOFING & SHEET METAL IN PROFESSIONAL SERVICES MAINTENANCE BUILDING
95123 $2,706.45 DAYTON'S COMMERCIAL INTERIORS OFFICE EQUIPMENT FURNITURE ACCOUNT
95124 $5.08 DRISKILLS NEW MARKET OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM
95125 $559.25 EDINA SW PLUMBING CONTRACTED BLDG REPAIRS FIRE STATION #1
95126 $6,259.63 EMBEDDED SYSTEMS INC CONTRACTED EQUIP REPAIR CIVIL DEFENSE
95127 $3,323.25 EMERGENCY APPARATUS MAINTENANC CONTRACTED BLDG REPAIRS FIRE
95128 $52,630.00 EUREKA CONSTRUCTION IMPROVEMENT CONTRACTS POND K EXCAVATION
95129 $4,199.62 FACILITY SYSTEMS INC FURNITURE & FIXTURES FURNITURE ACCOUNT
95130 $1,382.00 FAMILY & CHILDRENS SERVICE PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC
95131 $2,820.72 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS SEWER UTILITY-GENERAL
95132 $481.40 G & K SERVICES-MPLS INDUSTRIAL CLEANING SUPPLIES WATER TREATMENT PLANT
95133 $60.00 GINA MARIAS INC OPERATING SUPPLIES-GENERAL FIRE
95134 $45.23 GLENROSE FLORAL AND GIFT SHOPS EMPLOYEE AWARD HUMAN RESOURCES
95135 $6,430.81 HANSEN THORP PELLINEN OLSON OTHER CONTRACTED SERVICES PURGATORY CREEK
95136 $162.55 HAWK LABELING SYSTEMS OPERATING SUPPLIES-GENERAL GENERAL BUILDING FACILITIES
95137 $1,060.75 HAWKINS WATER TREATMENT GROUP CHEMICALS WATER TREATMENT PLANT
95138 $910.15 HENNEPIN TECHNICAL COLLEGE SPECIAL EVENTS FEES SENIOR CENTER PROGRAM
95139 $901.00 EDEN PRAIRIE SCHOOL DISTRICT N SPECIAL EVENTS FEES SENIOR CENTER PROGRAM
95140 $2,209.33 INGRAHAM & ASSOC OTHER CONTRACTED SERVICES PARKS-PLANNING & DEVELOPMENT
95141 $22,055.73 INGRAM EXCAVATING INC OTHER CONTRACTED SERVICES NESBITT / PRESERVE PARK K16
95142 $1,200.00 JABZ! OTHER CONTRACTED SERVICES FITNESS CLASSES
95143 $994.82 JANEX INC CLEANING SUPPLIES GENERAL BUILDING FACILITIES
95144 $100.00 KIM TONG TRANSLATION SERVICE I PROFESSIONAL SERVICES POLICE
95145 $170.79 LAB SAFETY SUPPLY INC CLEANING SUPPLIES WATER TREATMENT PLANT
95146 $540.00 LABOR RELATIONS ASSOCIATES INC SCHOOLS POLICE
95147 $1,100.75 LAKE COUNTRY DOOR CONTRACTED EQUIP REPAIR FIRE STATION #2
95148 $42.55 LAKELAND FORD TRUCK SALES EQUIPMENT PARTS EQUIPMENT MAINTENANCE
95149 $21,671.08 LOGIS LOGIS SERVICE SEWER ACCOUNT
95150 $4,531.29 LUBRICATION TECHNOLOGIES INC LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE
95151 $15.00 MACA OPERATING SUPPLIES-GENERAL ANIMAL WARDEN PROJECT
95152 $4,141.98 MACDONALD & MACK ARCHITECTS LT OTHER CONTRACTED SERVICES GRANT IN AID 2271b-00-HE
95153 $86.46 MENARDS OPERATING SUPPLIES-GENERAL POLICE
95154 $268.00 METRO FIRE CONTRACTED REPAIR & MAINT FIRE
95155 $6,792.52 MIDWEST ASPHALT IMPROVEMENT CONTRACTS LINCOLN LANE PAVING
95156 $18,112.14 MINGER CONSTRUCTION INC IMPROVEMENT CONTRACTS CEDAR FOREST UTILITY CONSTRUCT
95157 $1,201.19 MINNESOTA CONWAY CONTRACTED REPAIR & MAINT FIRE
95158 $209.06 MINNESOTA COUNTY ATTORNEYS ASS PRINTING POLICE
95159 $2,366.27 MINNESOTA VIKINGS FOOD SERVICE MISCELLANEOUS GENERAL BUILDING FACILITIES
95160 $211.18 MONTGOMERY WATSON DESIGN & CONST LOCAL WATER MANAGEMENT PLAN
95161 $7,966.69 NORTHSTAR REPO PRODUCTS INC FURNITURE & FIXTURES FACILITIES-FUNITURE REPLACEMEN
95162 $101.87 THE ICE MAN/CO2 SERVICES CHEMICALS POOL MAINTENANCE
95163 $110.00 PERSONNEL DECISIONS INTL OTHER CONTRACTED SERVICES HUMAN RESOURCES
95164 $1,170.00 PETERSON ENVIRONMENTAL CONSULT PROFESSIONAL SERVICES COLUMBINE ROAD
95165 $20,943.29 PRAIRIE ELECTRIC COMPANY CONTRACTED BLDG REPAIRS MAINTENANCE BUILDING
95166 $144.00 PRINTERS SERVICE INC REPAIR & MAINT SUPPLIES ICE ARENA
95167 $148.06 REAL GEM EMPLOYEE AWARD HUMAN RESOURCES .
95168 $2,144.50 ROTH, BRAD OTHER CONTRACTED SERVICES SOFTBALL
95169 $36,740.42 S.J. LOUIS CONSTRUCTION INC. IMPROVEMENT CONTRACTS WM STREET,HIGHVIEW DRIVE & LAK
95170 $2,596.57 SHORT ELLIOT HENDRICKSON INC DESIGN & CONST CSAH1 TO HWY 212-LANDSCAPING
95171 $364.17 GOLD COUNTRY INC SIGNATURE CON CLOTHING & UNIFORMS SKATING RINKS
95172 $189.84 SNAP-ON TOOLS SMALL TOOLS PARK MAINTENANCE
95173 $1,328.58 SNELL MECHANICAL INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE
95174 $6,250.00 SOUTHDALE YMCA YOUTH DEVELOPME PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC
95175 $58.07 SPS COMPANIES BLDG REPAIR & MAINT PARK MAINTENANCE
95176 $20,028.41 SRF CONSULTING GROUP INC PROFESSIONAL SERVICES CHARLSON CHURCH IMPROVEMENTS
3
COUNCIL CHECK REGISTER 01-i. -2001 (15
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM
95177 $400.00 ST PAUL, CITY OF SCHOOLS POLICE
95178 $99.85 STREICHERS CLOTHING & UNIFORMS POLICE
95179 $344.26 SURVIVALINK CORP OPERATING SUPPLIES-GENERAL POLICE
95180 $125.00 SWEDLUNDS WASTE DISPOSAL OUTDOOR CENTER-STARING LAKE
95181 $2,000.00 TEENS ALONE PROFESSIONAL SERVICES HOUSING, TRANS, & SOC SVC
95182 $2,819.26 TKDA DESIGN & CONST WELL 14
95183 $59.52 TWIN CITY OXYGEN CO REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE
95184 $634.64 UNIFORMS UNLIMITED CLOTHING & UNIFORMS ANIMAL WARDEN PROJECT
95185 $110.00 UNIVERSITY OF FLORIDA MCTRANS OPERATING SUPPLIES-GENERAL ENGINEERING DEPT
95186 $84.34 UPBEAT INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE
95187 $68.96 US OFFICE PRODUCTS OFFICE SUPPLIES FIRE
95188 $10,477.40 VALLEY RICH CO INC CONTRACTED REPAIR & MAINT WATER SYSTEM MAINTENANCE
95189 $104.87 W W GRAINGER INC SMALL TOOLS GENERAL BUILDING FACILITIES
95190 $30.00 WARD DIESEL FILTER SYSTEMS INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE
95191 $185.06 WM MUELLER AND SONS INC GRAVEL WATER SYSTEM MAINTENANCE
95192 $76.20 WOLF CAMERA INC VIDEO SUPPLIES REC SUPERVISOR
$766,941.37*
1y
CITY COUNCIL AGENDA
DATE: 2/6/01
SECTION: PETITIONS AND REQUESTS
SERVICE AREA/DIVISION: ITEM DESCRIPTION:
Community Development
Donald R.Uram Tax Increment Financing(11l,)Analysis ITEM
NO.:
David Lindahl Hartford Commons-Rottlund Companies
Requested Action:
Move to:
• Indicate general support for providing Tax Increment Financing to Rottlund's Hartford Commons
development proposal as outlined under scenario(Note: Enter#1,#2,or#3), subject to the review and
approval of the project and TIF plan by the Community Planning Board and City Council.
• Decline the use of Tax Increment Financing for the Rottlund proposal.
Synopsis:
Rottlund has revised their TIF request as a result of Council direction,Ryan Companies lowering the purchase
price by$500,000,and substituting 26 townhouse units for the 30,000 square feet of commercial/retail space.
Their current request is for$3,854,447 in TIF over a 15-year term to support a Note of$1,500,000,which would
require a City contribution of$192,723. This compares to their previous request for$6,800,000 in'1'lh to
support a$2,500,000 Note that would have required a$340,000 City contribution.
Background:
Tax Increment Scenarios -Impacts
Three scenarios for providing TIF financing at various levels through a Non-Qualified Housing District are
shown below. Scenario#1 shows the impacts if TIF is provided as requested by the developer. Scenarios#2 and
#3 were prepared by Staff and are based on a funding precedent established in 1986, and on creating a TIF
district around the proposed 82 affordable units only. Scenario#4 would be to not provide TIF assistance.
Afford. %of City Rottlund
Units Total Per Unit Sale "Non-TIF" TIF Contribution
Scen. ($134,250) TIF Subsidy Subsidy Price Contribution Note To$1.5 M. Gap
#1 82 $3,854,447 $47,005 35% $192,723 $1,500,000 -0- ,`
#2 82 $2,752,084 $33,562 25% $137,606 $1,191,000 $309,000
#3 82 $1,992,949 $24,304 18% $ 99,647 $ 773,000 $727,000
#4 No TIF Assistance
Payment of City Contribution
• Rottlund's proposal is expected to generate more in City fees than Ryan's plan for 150,000 square feet of
retail.The City could use a portion of the fees to pay the local 1114 contribution.
Attachments:
Tit, Analysis Memorandum
MEMORANDUM
TO: Mayor and City Council
FROM: Don Uram,Director of Community Development&Financial Services
David Lindahl,BRA Manager
THROUGH: Chris Enger, City Manager
DATE: February 1,2001
SUBJECT: Rottlund Tax Increment Analysis
Purpose
The City Council directed staff to evaluate the impacts of providing Tax Increment Financing (Non-Qualified
Housing District)to the Rottlund Companies to help finance a mixed-use development proposal.The proposal has
changed from what was presented at the January 16 Council meeting as follows:
Affordable Moderate Units in TIF
Units @i$134,250 @ 160,000 TIF District Retail Request(Note)
Old Plan 302 94 100 194 30,000 $2,500,000
New Plan 328 82 50 139 0 $1,500,000
Difference +26 - 12 -50 -55 -30,000 -$1,000,000
Rottlund has represented that for the project to proceed,it needs$1,500,000 from the City to cover the gap between
the price they are willing to pay for the property, and the price the seller is asking.The lower TIF request is due
to the seller (Ryan Companies) agreeing to lower the price of the land by $500,000, and the addition and
reconfiguration of the townhouse units.
Non-Qualified Housing TIF District Definition
According to Minnesota Statutes,Non-Qualified Districts require that 95% of the units within the district be sold
to 1 and 2 person households with incomes at or below 100%of the area median($68,600),and 3 or more person
households with income at or below 115%of median($78,890).They also require a city contribution equal to 5%
of the total increment generated using "non-TIF"related funds.A Qualified-Housing District does not require a
city contribution because the affordability requirement is much lower(70%median).The developer has indicated
that it cannot provide units to meet the 70% median requirement of a Qualified District. The current proposal
includes 82 units at a sale price of $134,250 that will qualify as "affordable" under Metropolitan Council
definitions.
Summary of TIF Impacts
Below are the expected financial impacts to the City under three different scenarios. Scenario#1 shows the
impacts if TIF is provided as requested by the developer. Scenarios 2 and 3 were prepared by Staff for Council
consideration. Scenario#2 is based on a funding precedent established through a first time buyer program
established by the City in 1986. Scenario#3 is based on creating a TIN'district around the proposed 82
1
affordable units only. Scenario#4 would be to not provide'1'1h assistance.
Summary of Three TIF Scenarios
Afford. %of City Rottlund
Units Total Per Unit Sale "Non-1'lh" TIF Contribution
Scen. ($134,250) TIF Subsidy Subsidy Price Contribution Note To$1.5 Mil. Gap
#1 82 $3,854,447 $47,005 35% $192,723 $1,500,000 -0-
#2 82 $2,752,084 $33,562 25% $137,606 $1,191,000 $309,000
#3 82 $1,992,949 $24,304 18% $ 99,647 $ 773,000 $727,000
#4 No TIF Assistance
Tax Increment Scenarios
Scenario #1 - (Rottlund request)
Rottlund is asking the City to provide a TIF (Pay As You Go)Note for$1,500,000. In other words,they will
finance the$1.5 million up front at a market interest rate and pay the debt with TIF over a fifteen-year term.
So the amount of TIF needed from the City to pay principle and interest is estimated to be$3,854,447.
TIF District - Non-Qualified Housing (Pay As You Go)
TIF Request - $1,500,000 - (Note)
Proposed Term - 15 years
Units Inside District - 139 units
Total Increment Needed to Support Note - $3,854,447 or$256,963 per year
City Contribution(5% of Total) - $ 192,723 or$ 12,848 per year
Affordable Units (sold at$134,250) - 82
Per Unit Subsidy ($3,854,447/82) - $ 47,005
Scenario#2 - (Staff generated-based on precedence established in 1986)
In 1986 the City Council approved using Community Development Block Grant (CDBG) funds to provide
second mortgages to lower income first-time buyers through a program called the Scatter Site Housing
Assistance Program. Loan recipients were required to repay the principle loan amount as well as a share of
equity at the time of sale(versus paying interest).The amount of the first three mortgages was capped at the
appraised value of the lots,which ranged from$18,500-$22,500. Loans provided thereafter were capped at
$10,000 per family to address Council concerns about the subsidies being high,and to assist more buyers with
the same amount of funding. The second mortgages were between 10%to 25% of the total sale price of the
homes,which were sold for about$85,000 per unit.
In 1991,the Minnesota Housing Finance Agency(MHFA)introduced a new program to assist first-time
buyers called the Minnesota Cities Participation Program(MCPP).The City Council elected to participate
in'the program,which uses proceeds from the sale of mortgage revenue bonds provided by MHFA to fund
low-interest mortgages for first time buyers.The CDBG funds previously used to fund the City's second
I
3
•
•
mortgage program were then used primarily to subsidize affordable rental housing projects.
The$47,005 per unit I'll, subsidy proposed by Rottlund in scenario#1 represents 35%of the sale price of a unit
sold for$134,250.Using the precedent established by the City in 1986,the Council could consider capping the
total non-qualified'Ilk subsidy at 25%of the sale price of the affordable units as follows:
Proposed Sales Price - $ 134,250
25%of Sale Price - $ 33,562
Total TIF ($33,562 x 82 units) - $2,752,084
TIF Available to Support TIF Note - $1,191,000 or$79,400 per year
City Contribution(5%of total) - $ 137,606 or$ 9,174 per year
Per Unit Subsidy($2,752,084/82 units) - $ 33,562
Rottlund Contribution - $ 309,000 ($1.5 million less$1,191,000)
Scenario #2 provides Rottlund$309,000 less than the$1,500,000 they are requesting.Rottlund could make
up the difference by increasing the sale price on each of the 189 units located outside the TIF District by
$1,635,or by changing the unit mix.
Scenario#3 - (Staff generated—TIE District around 82 affordable units only)
TIF District - Non-Qualified Housing—Pay as You Go(Note)
Proposed Term: - 15 years
Total TIF - $1,992,949 or$132,863 per year
TIF Available to Support Note - $ 773,000 or$ 51,533 per year
City Contribution(5% of Total) - $ 99,647 or$ 6,643 per year
Per Unit Subsidy(82 units) - $ 24,304
Rottlund Contribution - $ 727,000 ($1,500,000 less$773,000)
Scenario #3 provides Rottlund$727,000 less than the$1,500,000 they are requesting.They could make up the
difference by increasing the sale price on each of the 189 units located outside the'1'lh District by$3,846, or
by changing the unit mix
City"Non-TIF"Contribution
Under the first three scenarios,the City will be required to make a contribution to the project equal to 5%of the
total TIF generated.It is estimated that Rottlund's residential proposal would generate more in City fees than the
approved plan for 150,000 square feet of commercial space.The City Council could choose to use a portion of the
fees to pay the local TIF contribution.
Breakeven Tax Analysis
Springsted,the City's financial advisor,performed an analysis to determine how long it will take before the
City would receive more taxes from the Rottlund proposal(with'1'11a)than Ryan's 150,000 square foot
commercial proposal. To calculate the amount of taxes generated by the different scenarios, Springsted used
project data provided by Rottlund for the townhouse development and an estimated market value of$90 per
square foot for the commercial project. Springsted assumed the Rottlund project would not be completely
built-out(paying full taxes)until 2006.
y
All three scenarios breakeven at some point in 2005,with the Rottlund project generating more taxes per year
than Ryan's by the following amounts:
Breakeven Rottlund Tax Surplus
Scenario Year over Ryan in 2005
#1 2005 $74,317
#2 2005 $111,872
#3 2005 $186,925
With the previous proposal, Staff calculated a break-even point of 37 years compared to Rottlund's 22 years.
This difference was caused by the assumptions used in estimating the value and the taxes generated for the
150,000 square foot commercial project. The City valued the project at$15 million($100 per square foot)
generating a tax of$675,000. Rottlund used a value of $11 million($75 per square foot)and a tax of
$475,000. The$200,000 per year difference extended the break-even period.
•
5
January 30, 2001
Lee W. Johnson
8592 Franlo Road
Eden Prairie, MN 55344 -.
¢/- 105 7
Honorable Jean Harris, Mayor
Member of Eden Prairie City Council
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Mayor and Council:
I am quite concerned about the proposal to subsidize market-rate housing on the
commercial land next to Petsmart. I know that you have analyzed this in more depth than
I have, but it appears that, in the backlash after the.contentious Costco hearing process, a
neighborhood-driven land use change to residential was theorized and is now presented
without the necessary guide plan change/rezoning analysis. However, even at 20
units/acre the land cost is 50% too high, so if some "affordably" priced units are offered
then perhaps the taxpayer can buy down the land to make it work. This whole scenario is
very unsettling. To approve a financing scheme gives tacit approval to the land use
change. You would be hard pressed to not approve a residential land use change no
matter what may evolve from the guide plan/rezoning review.
There is a large private and public commitment being made to the Eden Prairie Center to
make it a dynamic destination point. Would we jeopardize that effort if there is a
"critical mass" supporting commercial land use being reduced? What are the thoughts of -
the Center's management? We certainly do not need any more "neighborhood •
commercial" in this area. What will be the fate of Petsmart as a small island of._
commercial? What is the traffic impact? The traffic is only bad during the peak hours. I
suspect that 300 residential units will make the peak hour problems much worse than the
intended commercial use. What about intersection improvements? As a nearby neighbor
I would rather leave the use commercial.
Besides the numerous unanswered land use questions, there remains the idea of subsidy
of market-rate housing. As a socially aware resident I realize that for the betterment of •
the community you may have to use some of my taxes to subsidize lower cost housing.
However, this proposal seems to be very bad use of the TIF concept and is not an
appropriate use of my tax dollar. Let's not let our zeal for affordable housing lead us to
grasp at straws or the dubious offered carrot. -
Sincerel ,
Lee W. ohnson
cc: Chris Enger
Don Uram
CITY COUNCIL AGENDA DATE:
February 6,2001
SECTION: Appointments
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Public Works Services Appointments to Highway 212 Corridor n
Eugene A.Dietz Committees En- • �4 ,
Requested Action
Move to: Appoint Council Member to the Policy Advisory
Committee(PAC) and the Director of Public Works Services to the Technical
Advisory Committee(TAC) for the Th 212 Corridor Management Plan.
Synopsis
TH 212 has been designated by MnDOT as an interregional corridor from I-494 to the South
Dakota border. MnDOT is establishing a coordinated committee structure to develop a Corridor
Management Plan for TH 212. The requested action is to designate a council member to serve at
the policy level and a staff member to serve at the technical advisory level.
Background Information
In the newly proposed Transportation System Plan (TSP), MnDOT has identified a variety of
priority roadway needs—interregional corridors being a new one. TH 212 has been designated
an interregional corridor from I-494 to the South Dakota border and recognizes its important to
commerce in the western part of Minnesota as well as to the southwest metropolitan area. To
• develop a management plan for the TH 212 corridor,MnDOT is establishing several committees.
The plan is due for completion by October 2001.
It is recommended that the Director of Public Works Services be appointed to the TAC and that
one Council member be appointed to the PAC. MnDOT advises that the PAC is likely to have
approximately three meetings over the course of the nine-month study period and the meetings
are planned for late afternoon or early evening, since State Legislators will be invited to
participate during the current State Legislative session.
The attached .information from MnDOT more fully describes the composition, roles and
responsibilities of each of the committees.
Attachments
Letter of January 22,2001
TH 212 Corridor management Plan Development Structure
114EsO74 Minnesota Department of Transportation
DI4,„ District 8-Willmar/Marshall/Hutchinson
c `tozo 2505 Transportation Road Office Tel: 320-231-5497
of PO Box 768 800-657-3792
Willmar,MN 56201 Fax: 320-231-5168
www.dot.state.mn.us
January 22,2001
Jean Harris,Mayor
City of Eden Prairie •
8080 Mitchell Road
Eden Prairie,MN 55344
Dear Mayor Harris:
•
The Minnesota Department of Transportation(Mn/DOT)invites you to participate in the development of
an Interregional Corridor Management Plan for Trunk Highway 212. The plan will cover the Highway
212 corridor from I-494 on the east,to the South Dakota/Minnesota border on the west,and will involve
both Mn/DOT District 8 and the Metro Division.
•
The purpose of the Plan is to develop a common vision and management approach in order to preserve
and improve Highway 212's ability to serve as an important statewide connection for Minnesota in the
future. In order to achieve this purpose,Mn/DOT needs involvement from county and local officials.
Through your participation in this planning process,you can help Mn/DOT develop a valuable tool that
will assist all parties along the corridor in making responsible decisions that will help preserve and
improve Highway 212 into the future.
Mn/DOT is developing two committees for this project and we are requesting that you provide us with a
name,address,and phone number of one representative for each of the two committees. One committee
will be the Technical Advisory Committee. The representative to this committee should be familiar with
your community/county's present and future plans and should also be familiar the mechanisms with how
to communicate information with your community/county. The second committee will be a Policy
Advisory Committee. The representative to this committee should be an elected official who can provide
communication,advocacy for the corridor,and make recommendations to implementing agencies. The
attached Plan Development Structure will provide additional information about both committees,as well
•as Mn/DOT's Internal Project Management Team.
•
The plan must be completed by October 2001;therefore,we would like to have your committee member
choices returned to Mn/DOT by February 9,2001. If you have questions,please feel free to call Sherry
Narusiewicz,Metro Division,at(651)582- 1400,or Patrick Weidemann,District 8-Wilimar,at
(320)214-3753.
•
Sincerely,
•
j,„4 .
0 t_
Sherry Narusiewicz Patrick Weidemann
Planning Program Coordinator Planning Director
Metro Division District 8-Willmar
Enclosure
An equal opportunity employer a
TH 212 Corridor Management Plan
Development Structure
General
Mn/DOT will be using a coordinated development structure for the TH 212 Corridor
Management Plan in order ensure the plan produces a common vision and preservation
plan, This coordinated structure will involve four types of committees. Each committee
has slightly different membership,roles; and responsibilities. However,the committees
are linked together by key individuals serving on two different committees. Through this
process, issues raised in one committee can be passed along for discussion in another,
Mn/DOT hopes the end result of this coordinated structure will be a corridor management
plan with a vision that is supported on a local,regional, and state level for
implementation.
Policy Advisory Committee (PAC)
Members
This group would consist of elected officials from all counties, cities, and townships
along the TH 212 Corridor, as well as Mn/DOT representatives. Representing Mn/DOT
would be the District S Engineer, an Interregional Corridor Manager, and the Manager of
the Southwest Metro area. In addition, all state legislators with a portion of their district
• served by TH 212 will be offered an opportunity to serve on the committee. Finally, the
chair of each.TAC will also be a member of the PAC.
Roles and Responsibilities
✓ Communication link to their respective constituents regarding information developed
on the plan.
✓ Review TAC work to ensure consistency with corridor vision and the Interregional
Corridor(IRC)principles.
✓ The Chair of this committee will be the Interregional Corridor Manager to help
provide a link between the PAC and MnJDOT's Strategic Objectives.
✓ Provide ongoing guidance, support, and recommendations to MnJDOT regarding the
corridor vision and implementation strategies beyond the completion of the plan
document.
V Serve as a forum for discussing potential implementation strategies of corridor
investment priorities, including possible funding options.
✓ Serve as advocates for the corridor by spreading the word regarding the vision and
purpose for the corridor and work toward creating one voice for TH 212.
IS is PI. .'i• 1,I tl;.'I i.,
`I .
3
4 ea
TkI 212 Corridor Management Plan
Development Structure
Page 2
Technical Advisory Committee(TAC)
Members
This group is comprised of agency(both state and regional), county, city, and township
representatives with knowledge regarding potential issues that may impact the vision
and/or performance of T.H.212. Because of the geographic size of the plan area,the
TAC has been divided into two working groups(an eastern TAC covering 1-lennepin,
Carver, and McLeod counties; and a western TAC covering Renville, Chippewa,Yellow
Medicine, and Lae qui Pule counties). Periodically the two TACs will meet jointly to
share progress and discuss common issues,
Roles and Responsibilities
✓ Chair of each TAC group will be part.of PAC committee.
V Review development and transportation issues and concerns along the corridor within
their respective counties in terms of impact to corridor vision and corridor
preservation.
✓ Make recommendations to the PAC regarding corridor vision,implementation
priorities, and development concerns along corridor.
✓ Serve as a two-way communication contact to the local jurisdiction regarding
potential impact of the corridor vision on future plans of the jurisdiction.
✓ Assist the PAC in spreading the word regarding the vision and purpose for the
corridor and work toward creating one voice for TH 212.
✓ Identify previously unidentified non-highway modal issues along the corridor and
serve as a sounding board regarding those issues for the respective modal offices of
Mn/DOT.
✓ Continue to meet after the completion of the plan document to help discuss corridor
vision implementation concerns and issues that may arise in the future.
h t'SIS`ti'ti. it S)J: l\t`t`11P i i1t (l .S•t/i t S"; t' . .
TH 2I2 Corridor Management Plan
Development Structure
Page 3
Sub Area Committee
Members
This group will be a sub group of the TAC. Community representatives and citizens
involved in these specific issues will meet to discuss localized problems and work on
developing solution recommendations to the larger TAC. Several committees can be
meeting at the same time depending on the arena of the issues.
Roles and Responsibilities
✓ Develop recommendations to resolve very localized issues.
✓ Make recommendations to the TAC committee.
Internal Project Management Committee
Members
This group consists of Mn/DOT staff at district/division level, an Interregional Corridor
Manager, and any other Mn/DOT personnel that is appropriate. Also included would be
the MPO representative, a representative from each regional development commission,
and County staff.
Roles and Responsibilities
✓ Assist Mn/DOT in the overall administrative management of the plan's development,
V Ensure that plan delivery is on schedule and meets the required elements of the Guide
for Plan Development and Corridor Management approved by Mn/DOT in September
of 2000.
✓ Assist the plan's consultant in the collection of key data from both Mn/DOT and local
agencies.
✓ Help identify key communication points with the public and the other committees
regarding plan vision progress and implementation strategies.
✓ Provide initial review of draft results from consultant to ensure product meets quality
tests.
✓ Provide ongoing coordination regarding corridor vision implementation.
S
CITY COUNCIL AGENDA DATE:
February 6,2001
SECTION: Reports of the City Manager
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.:
City Manager, Flying Cloud Airport Expansion Opposition Xi !1 '
Chris Enger Informational Meeting
Requested Action
Discussion and direction from the City Council.
Synopsis
Further questions have arisen about the format of the meeting on February 10. A discussion by the City
Council and final direction to the staff on items in the February 6 Manager's Memo to the City Council will
help assure that the meeting is planned according to the Council's expectations. Further direction from the
Council on the information they wanted presented from City staff members would also be helpful.
MEMORANDUM
To: Mayor and Councilmembers
0 From: Chris Enger, City Manager
Date: February 6, 2001
Aden Prairie Subject: Flying Cloud Airport Expansion Opposition Tnformational Meeting
As a result of the City Council's direction from your January 16, 2001,meeting, the City staff has
completed the following:
1. Written to each individual or group the City Council requested to present information, inviting
them to the February 10, 2001,meeting. We asked them to let us know whether they would be
willing to present information as requested(see attached).
2. Obtained the services of an Administrative Law Judge(Allen Klein)to moderate the meeting.
3. Drafted a preliminary agenda for the Council's consideration in order to help with the meeting and
management(see attached).
4. Reserved the City Council Chambers and scheduled the proper people and resources for televising
the meeting.
As we have been implementing the City Council's direction for this meeting, questions that require
the Council's deliberation arose. They are as follows:
1. Councilmember Mosman has inquired as to whether the meeting could be held in the Heritage
Rooms.
2. The Council gave the direction for the meeting to be informational to the City Council through
presentations. Do you wish for either the Council or audience to be able to ask questions of either
the Council or the presenters? If so,how do you want the moderator to handle this?
3. The Council prescribed that the meeting be from 9:00 a.m. to 12:00 p.m., including a closed
session at the end of the meeting. How much time do you wish to allot for the closed session?
4. We have received requests from both the Chamber of Commerce and the MAC to be allowed time
for presentations to the Council. I have informed them they would be allowed to speak during the
general portion of the meeting for 2-3 minutes provided they give information on how to stop the
airport expansion. This was not well received.
5. I have received a question from the news media as to whether the Council would take action at this
meeting. I indicated that the meeting was for informational purposes only.
6. Does the City Council wish to adopt guidelines for the moderator to use in meeting management?
If so,what?
It will be helpful to have this final check in with the City Council prior to the February 10 meeting to
finalize any procedures or expectations you have.
CITY COUNCIL AGENDA DATE: February 6,
2001
SECTION: Reports of Director Parks and Recreation Services
SERVICE AREA/DIVISION: ITEM DESCRIPTION: Request from Eden ITEM NO:
Parks and Recreation Prairie Schools Regarding Forest Hills School XI r�- C.,
Robert A.Lambert Director Park Playground
Requested Action
Move to: Authorize City-staff to assist the School District in seeking contractors that may
be interested in fill available at Forest Hills School Park. Also, authorize staff to
evaluate the feasibility of providing some funding support for this project during
review of the Capital Improvement Program later this year.
Synopsis
•
City staff have been working with School District staff in the evaluation of the Forest Hills
School Park site to accommodate the renovation of the playground at that facility. A significant
portion of the playground is located on a hill that was developed with excess fill from the
original park development. This hill must be removed in order to accommodate playground
expansion and to meet ADA requirements. The cost to remove the hill could be in excess of
$100,000;however, the City is sometimes able to find contractors who may be in need of clean
fill and are willing to remove the fill at no cost. The City is in a better position to "spread the
word"than the School District.
The City has no money budgeted over the next five-year period for playgrounds at Forest Hills
School Park; however, there will be discussions regarding the Capital Improvement Plan
scheduled for a workshop on May 1, 2001.
Background
The City and the School District have often partnered in the development of school playgrounds
on parks adjacent to elementary schools. The usual partnership has the School District paying•
for the playground equipment and the City developing the site, ordering the equipment, and
supervising the installation of the equipment. The existing playground at Forest Hill School
Park was designed, purchased, and installed by the School District. There is no room on the
park site to expand the playground without eliminating the softball field. The softball field is
needed by the School District and Youth Athletic Associations that serve the community.
City Council Agenda 2/6/2001
Forest Hills Playground
Page 2
The only alternative to expanding the playground and eliminating the other problems with the
existing playground is to remove the hill northwest of the school.
The School District is requesting a partnership with City in the planning and cost of this project.
City staff believe that it is premature to agree to share the planning and cost of the project until
there is more specific information regarding exactly what the plan is, and the estimated cost for
the project. Staff will continue to work with the school staff in helping develop the plan, and
will work with the Public Works staff to encourage contractors to consider using that source of
fill.
BL:mdd -
It/Lambert 2001/Forest Hills Playground
•
a -
"..—"1350
Eden Prairie Schools, Administrative Services Center
8100 Srhool Road, Eden Prairie, MN 55 34-t-22292
Phone 612-9'5-7000, Fax 632-915-7020, www.edenpr.k12.mn.us. TDD 612-9'5-7004
January 23, 2001
Mayor Jean Harris
City Council
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
•
The School District is in the process of researching the removal of the hill on the northwest
corner of the Forest Hills school site,adjacent to the playground. We are exploring the cost of
removal of the hill and playground expansion in the area for several reasons, such as safety, lack
of ADA accessibility,drainageproblems, and difficulty in supervising the area.
The School District has hired a landscape architect to propose possible options and their
anticipated cost. Jim Anderson,Director of Facilities and Safety,has been working with Bob
Lambert on these issues.
•
We believe that improvement of this playground/park area will be of mutual benefit to the
School District and the City. At this time, the School District is formally requesting partnership
from the City in the planning and cost of this project. If an acceptable plan is identified,we
anticipate construction to occur leading up to and during the summer of 2002 for use beginning
during the 2002-2003 school year.
If you should have any questions or concerns regarding our request,please feel free to call me at
975-7071.
Sincerely,
Jbm.
Patricia M. Magnuson
Executive Director of Business Services .
PMM/ll
cc: Connie Hytjan,Forest Hills Principal
Dr. William Gaslin,Superintendent
Jim Anderson,Director of Facilities.and Safety
Bob Lambert, City of Eden Prairie
Chris Enger,City of Eden Prairie •
3
CITY COUNCIL AGENDA DATE: February 6,
2001
SECTION: Reports of Director Parks and Recreation Services
SERVICE AREA/DIVISION: ITEM DESCRIPTION: Anderson Lakes Park ITEM NO:
Parks and Recreation Reserve Plan
Robert A. Lambert Director _ C. 2
Requested Action
Move to: Approve the process for reviewing the proposed Anderson Lakes Park Reserve
development plan as proposed by City staff.
Synopsis
City staff are requesting the Council approve the following process for reviewing a proposal
from Hennepin Parks for development of Anderson Lakes Park Reserve in Eden Prairie:
1. Review the proposed park plan and phasing plan with the Parks and Recreation Citizens
Advisory Commission. The Commission to provide input to the City staff and comments
relating to recreation needs.
2. Review a proposed park plan and phasing plan with the Community Program Board to _
obtain input and a recommendation to the Council relating to program needs,
environmental sensitivity, and staff concerns.
3. Notify the neighborhood of a public meeting at the Planning Board and obtain input from
the neighborhood and a recommendation from the Planning Broad to the City Council.
4. Review and approval by the City Council.
Background
In 1968,the City of Eden Prairie acquired land around Anderson Lakes for development of a
community park that would provide a nature center and nature interpretative trails through the
woods and along the east lakeshore of the two Anderson Lakes located within Eden Prairie. In
1974,the City agreed to designate Anderson Lakes Park as a Regional Park Reserve. In 1983,
the City Council agreed to transfer ownership and operation of Anderson Lakes Park Reserve to
the Hennepin Park District. The Park District plan at that time anticipated a nature center and
natural interpretive trails to be developed in the Eden Prairie portion of the Park Reserve. In
1998,Hennepin Parks revised the park plan for the Anderson-Hyland-Bush Lake Park Reserve.
City Council Agenda 2/6/2001
Anderson Lakes Park Reserve Plan
Page 2
The revised plan keeps the nature center in the Hyland Lake Park Reserve. The portion of the
Park Reserve located within Eden Prairie was proposed to have an access road to a parking lot
and nature interpretive trails. Since the reconfiguration of Anderson Lakes Parkway and the
intersection of Anderson Lakes Parkway and 169,Hennepin Parks is suggesting that the City of
Eden Prairie and Hennepin Parks reevaluate the access to this portion of the Park Reserve, and
approve the alignment of the trail system within Eden Prairie. Hennepin Parks would like to
initiate development of the trail system in 2001, if possible.
H:/Lambert 2001/AndersonLakes Park Reserve Plan
•
CITY COUNCIL AGENDA DATE: February 6,
2001
SECTION: Reports of Director Parks and Recreation Services
SERVICE AREA/DIVISION: ITEM DESCRIPTION: Birch Island Woods ITEM NO:
Parks and Recreation Appraisal
Robert A.Lambert Directow • C, 3
Requested Action
Move to: Authorize staff_to limit grant applications for Birch Island Woods to the 31 acres
south of Indian Chief Road.
Synopsis
Staff is recommending the City Council limit the matching grant applications for acquisition of
Birch Island Woods to the 31 acres south of Indian Chief Road valued at $650,000. The parcel
north of Birch Island Woods is guided industrial and totals a little over four acres of land of
which approximately 2.9 acres is considered usable and is valued at $385,000. If the City
Council chooses not to include this portion of the site in the grant application, the County will
likely request to subdivide the parcel and put it on the market immediately.
Background
Attached to,this memorandum is a copy of the summary of the Diversified Real Estate Services
Inc. appraisal indicating the value of$650,000 for the 31.07 acres and $385,000 for 4.4 acres.of
land guided as industrial. The total of$1,035,000 is somewhat less than the 1.2 million dollars
that the County has established from the previous appraisal; however, the $650,000 is $120,000
over the estimate of the City Assessor for the 31-acre parcel.
City staff have suggested the Council may obtain funds for the City's portion of the matching
grant through the sale of parcel of property south of Flagship Athletic Club that the City acquired
from the State of MN for agreeing to mitigate wetland loss owed by the previous property owner.
The City had anticipated selling that property to pay for the extension of Columbine Road to
Prairie Center Drive, and to-fund wetland mitigation required of that project. In the best case
scenario (low road construction costs,high sale of land cost) City staff anticipated there might be
as much as $250,000 available for matching funds for grants to acquire the Birch Island.Woods.
At$650,000 the City would have to come with$325,000 for a 50%matching grant to acquire the
31 acres southwest of Indian Chief Road.
City Council Agenda 2/6/2001
Birch Island Woods Appraisal
Page 2
The City Council should also consider future costs that will be associated with the acquisition of
this parcel, including:
•
A. Future assessments for the improvements to Indian Chief Road.
B. Future assessments for the improvements to Birch Island Road.
C. Acquisition of the Picha property located north of Birch Island Road (it is likely this
property is of equal value to the 31-acre parcel as it has a similar amount of developable
property).
D. Future acquisition of the wooded hill currently owned by the railroad located on the
northeast boundary of this site.
Staff would recommend the Council include discussion of these future costs when reviewing the
Capital Improvement Program at the workshop scheduled for May 1, 2001.
H:/Lambert 2001Birsh Island Woods Appraisal
01-26-01 04: 11 DIVERSIFIED ID=6123497488 P.03
DIVERSIFIED REAL ESTATE SERVICES, INC.
12 South Sixth Street,Suite#520.Minneapolis,Minnesota 55402 (612)349-9275 Fax: (612)349-7488
•
PRINCIPALS: ASSOCIATES,
TIMOTHY L.VERGIN,MAI MICHELLE R.KOLLING
STUART J.MORTRUDE.MAI KLRT 1I.OPHI:S
NICHOLAS S.ASTMAN
JOSIE A.KI.. VERI(AMP
SCOTT A. HOF.
January 26, 2001 AMY B.STROENG
KRISTINE A 11£•NE.F'IEI I)
CHRISTOPFHER w.HALL/1-.N.MAI
RYAN D.BESSLER
TER1?SA J.ARONSON
Mr. Robert A. Lambert
Director of Parks& Recreation Services
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Re. Complete Market Value Real Estate Appraisal utilizing a Summary Report Format of the four
parcels of vacant land in Eden Prairie, Minnesota.
•
Dear Mr. Lambert:
As requested, the following complete market value real estate appraisal in a summary report format
has been completed for the purpose of estimating the market value of the fee simple interest in the
above referenced property.
A complete inspection was made of the property as of January 5, 2001. The properties which are
being appraised will be referred to as the subject property throughout this appraisal report. Each of
the parcels are lettered for reference purposes'and will be described in detail in the appraisal report..
Please note the highest and best use of parcels D and E is for assemblage with parcel A. for
appraisal purposes,we have valued parcels A, ID and E as property I and parcel B as property IL
Based upon an inspection of the property and analysis of the many factors influencing market value, it
is our opinion that the subject properties had a fee simple market value, as of January 5,2001,as
follows:
Highest and l Market Value
Property Parcel# Best Use Size(SF/Acres) Conclusion
A Low Density 1,246,903 s.f./28.62 acres
D Residential 85,793 s.fil.97 acres
E 20,598 s.f./0.47 acres •
• Total 1,353,294 s.f./31.07 acres
±413,820 s.f,/±9.5 acres of buildable area 5850,000
II B Industrial 191,789 s.f./4.40 acres
128,449 s.f12.95 acres of buildable area 5385,000
•
This appraisal report assumes the subject properties would receive approval for a
development that is in line with the guided zoning, Low Density Residential (Property I) and
industrial (Property II) as set forth by the city of Eden Prairie. This also assumes that the city
•
of Eden Prairie would allow access to Properly I via Birch Island Road and Property II via
Indian Chief Road. If the city of Eden Prairie does not allow development in line with the
guided plan or access to the properties (I and II), then the values set forth in this appraisal
report may be subject to change,
81-26-01 04: 12 DIVERSIFIED ID=612349748S P. 04
Robert Lambert
City of Eden Prairie
January 26,2001
Page Two
This appraisal report assumes that properties 1 and 11 are free and clear of any hazardous or
negative environmental conditions_
It should be noted that this letter does not qualify as en appraisal, and that the reader is directed to
the following report for the supporting data, analyses, and rnnclusions which support this value
estimate. The appraisal report is contingent upon the assumptions and limiting conditions
submitted within the report(pages vii and viii).
This appraisal report has been prepared in conformance with the Professional Ethics of the Appraisal
Institute and is specifically intended to meet the requirements of the Financial Institutions Reform,
Recovery and Enforcement Act of 1989 (FIRREA), the Uniform Standards of Professional Appraisal
Practice(USPAP), OCC 12, Fart 34,Appraisal Standards_
The marketing period and exposure time of the subject property is projected to be 6 to 12 months.
Information in this report was gathered from sources believed to be reliable, but it is not guaranteed.
Possession of this report, or a copy thereof, does not carry with it the right of publication nor may it be
used for any purpose except that for which it was requested without previous written consent of the
appraiser and, in any event, only with the proper qualifications.
Do not hesitate to contact us, if there are aril/questions after reading this appraisal report.
Sincerely,
DIVERSIFIED REAL ESTATE SERVICES, INC.
Certified this 26-day of January,2001
•
Timothy L.Vergin, MAI
MN Certified General Real Property
Appraiser License#4000533
Certified this 26th day of January,2001
Scott A.Thorpe,Appraiser
MN Registered Real Property
Appraiser License#20145827
DIVERSIFIED REAL ESTATE SERVICES,INC.
n00348 4 Parcels of Vacant Land,Eden Prairie.Minnesota Page ri
` 1
01-26-01 04: 12 DIVERSIFIED ID=6123497488 F• 05
ASSUMPTIONS AND LIMITING CONDITIONS
This appraisal report has been made with the following assumptions and limiting conditions:
1. No responsibility is assumed for legal description or for matters including legal or title
considerations. Title to the property is assumed to be good and marketable unless otherwise
stated,
2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise
stated.
3. Responsible ownership and competent property management are assumed.
4. The information furnished by others is believed to be reliable. However. no warranty is given
for its accuracy.
5. All engineering is assumed to be correct. The plot plans and illustrative material in this report
are included only to assist the reader in visualizing the property,
6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or
structures that render it more or less valuable. No responsibility is assumed for such
conditions or for arranging for engineering studies that may be required to discover them.
7. It is assumed that there is full compliance with all applicable federal, state, and local
environmental regulations and laws unless noncompliance is stated, defined, and considered
in the appraisal.
8. It is assumed that all applicable zoning and use regulations and restrictions have been
complied with, unless a nonconformity has been stated, defined, and considered in the
appraisal report.
9. It is assumed that all required licenses, certificates of occupancy, consents, or other
legislative or administrative authority from any local, state, or national government or private
entity or organization have been or can be obtained or renewed for any use on which the
value estimate contained in this report is based.
10. It is assumed that the utilization for the land and improvements is within the boundaries or
property lines of the property described and that there is no encroachment or trespass unless
noted in the report.
11. The distribution, if any, of the total valuation in this report between land and improvements
applies only under the stated program of utilization, The separate allocations for land and '
buildings must not be used in conjunction with any other appraisal and are invalid if sn used.
12. Possession of this report, or a copy thereof, does not carry with it the right of publication. It
may not be used for any purpose by any person other than the party to whom it is addressed
without the written consent of the appraiser, and in any event only with properly written
qualifications and only in its entirety.
13, The appraiser herein by reason of this appraisal is not required to give further consultation.
testimony, or be in attendance in court with reference to the property in question unless
arrangements have been previously made.
DIVERSIFIED REAL ESTATE SERVICES,INC.
#00348 4 Parcels of Vacant land.Eden Prairie,Minnesota Page vu
5
01-26-01 04: 13 DIVERSIFIED ID=6123497488 P.06
ASSUMPTIONS AND LIMITING CONDITIONS(continued)
14. Neither all nor any part of the contents of this report (especially any conclusions as to value,
the identity of the appraiser, or the firm with which the appraiser is connected) shall be
disseminated to the public through advertising, public relations, news, sales, or other media
without the prior written consent and approval of the appraiser.
15. Unless otherwise noted in this report, no adverse environmental conditions were
observed by the appraiser, except for the encroachment on Parcel B_• This appraisal
assumes there are no environmental hazards or pollutants existing on the property
and that the encroachment on Parcel B will be taken care of by the neighboring
property(Midwest Asphalt). The cost to cure any environmental contaminants has not
been considered in this appraisal report. We have not been provided with an
environmental assessment of the property and therefore, we have no knowledge of
any environmental hazards.
16. The market value set forth assumes that all existing, pending or potential levied
special assessments are paid In full. If all special assessments are not paid in fully,
the value conclusions of this appraisal report may be subject to change.
17. This appraisal report assumes the subject properties would receive approval for a
development that is in line with the guided zoning, Low Density Residential (Property
I)and industrial (Property II) as set forth by the city of Eden Prairie. This also includes
that the city of Eden Prairie would allow access to Property I via Birch Island Road and
Property II via Indian Chief Road. If the city of Eden Prairie does not allow
development in line with the guided plan or access to the properties ([and II), then the
values set forth in this appraisal report may be subject to change_
18. This appraisal report assumes that all public utilities are available from the adjacent
streets. If all utilities are not available to the subject properties (I and II), then the
values set forth in this appraisal report may be subject to change.
19. • According to the Registered Land site survey provided by Marcia Wilda,
Manager/Leasing and Land Management at the Department of Transit and Community
Works of Hennepin County, the subject property contains a total of 1,545,083 square
feet or 35.47 acres. Reportedly, this is broken down as 1,353,294 square feet or 31.07
acres for property 1 (parcels A, D and E) and 191,789 square feet or 4.40 acres for
property II (parcel B). If at a later date we are provided with conflicting information
regarding size, the value conclusions determined in this appraisal report are subject
to change.
•
DIVERSIFIED REAL ESTATE SERVICES,INC.
u4034$ 4 Parcels of Vacant Land,Eden Prairie,Minnesota Page viii
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4
CITY COUNCIL AGENDA DATE: February 6,
2001
SECTION: Reports of Director Parks and Recreation Services
SERVICE AREA/DIVISION: ITEM DESCRIPTION: Appointment of Task ITEM NO:
Parks and Recreation Force for Developing Program and Design for 'n �J
Robert A. Lambert Director Purgatory Creek Recreation Area Entry 1. �l
Requested Action
Move to: Appoint members to the Task Force for Developing Program and Design for
Purgatory Creek Recreation Area Entry representing the following:
• City Council (1 member)
• Community Planning Board(2 members)
• Community Program Board(2 members)
• Park and Recreation Citizen Advisory Commission(1 member)
• Citizens-at-Large(2 members)
Synopsis
At the January 16th meeting, the City Council moved to create a Purgatory Recreation Area Task
Force and adopted the Mission and Charter Statement. The Council agreed to appoint members
to the Task Force at the February 6th meeting. The Council also authorized developing a Request
for Proposal for consultant services for developing the program and design of the Purgatory
Recreation Area. Attached to this memorandum is a copy of the Request for Proposal that has
been forwarded to two consulting firms that have extensive experience with similar types of
projects. Also, attached to this memorandum is a tentative schedule for the Task Force and
consultant.
Background
Upon appointment by the City Council, City staff will forward a packet of information to each of
the Task Force members that includes the Task Force Charter Statement, the tentative Task
Force Schedule, some background information regarding this project, and a copy of the
proposals from the two consultants that will be interviewed at the first meeting of the Task
Force.
The Request for Proposal and the timeline schedule provide a relatively detailed outline of the
process proposed for the Task Force.
f
TASK FORCE CHARTER STATEMENT.
Purgatory Creek Recreation Area Task Force—2001
Purpose Statement:
Establish a design program and concept plan for the development of the Purgatory Creek
Recreation Area Entry and adjacent wetland complex. •
Roles and Responsibilities:
Task Force Responsibilities •
a. To select a consultant to lead the Task Force through the process of developing a
program that will eventually dictate the design and concept plan for the seven acre
entry site and transition to the wetland complex.
•
b. Review all available data pertinent to making a decision regarding the design
program for this site, including previous concept plans for this site, adjacent land
uses, and input from the Community Forum and Community.Survey.
•
c. Tour other similar urban parks. (Optional)
d. Develop a list of facilities and uses that would be desirable for this location.
Review estimated costs for construction of each type of use, estimated annual
operating cost to maintain each use and estimated revenue.(from uses that would
generate revenue).
e. Prioritize uses and direct consultant to develop three concept plans that meet the
highest priorities as determined by the Task Force.
f. Obtain input on concept plans from the Parks and Recreation Citizens Advisory
Commission,Planning Board, Program Board and the City Council.
g. Submit final concept plan to the City Council no later than July 15, 2001.
Presentation to include rationale for development of the program, list of
prioritized facilities, estimated construction cost for each phase (if project is
• proposed by phase) and estimated annual revenue and expenses for the project
upon completion.
Consultant's Responsibilities
•
a. Prepare a work task outline that details work to be accomplished at each Task
Force workshop.
`l
Task Force Charter Statement ' -
January 5, 2001
Page 2
b. Lead the Task Force through each workshop to accomplish the plan.
c. Collect existing information from the City, including information on past concept
plans, existing adjacent land use information and information on owners or
contacts for representatives of large land uses adjacent to the Purgatory Creek
Recreation Area, baseline information, including topography, soils, wetlands,
woodlands, existing infrastructure and private development, planned
infrastructure and utilities and planned land use.
d. Establish study area base map from existing City resources.
e. Identify study area physical issues, opportunities and constraints.
f. Conduct up to eight interviews with adjacent property owners or stake holders to
solicit input and summarize those interviews for the Task Force.
g. Establish development program options and alternatives concepts. Consultant
will subsequently refine alternative concepts to provide up to three concept plans.
h. Prepare for and present concepts to the Community Program Board, the Planning
Board and the City Council.
i. Upon review by the Planning Board, the Program Board and City Council, work
with City staff to refine the preferred scheme, expand detail and intent of the
design, identify potential costs and logical project phasing.
j. Prepare the summary technical memorandum with supporting text and diagrams
and make final presentation to the City Council in July 2001.
Staff Responsibilities
a. Provide direct support to the Task Force and consultant regarding workskhop
notifications, provide background information, including previous studies,
concept plans or technical information, provide air photos, base map and
identification of the stake holders to be interviewed.
b. Provide all information collected from the Community Forum and Community
Survey relating to this project.
c. Work with the consultant in assessing concept alternatives to arrive upon the
preferred scheme
d. Provide cost estimates regarding operational costs and projected revenues of any
proposed revenue producing facilities.
5
Task Force Charter Statement
January 5, 2001
Page 3
e. Develop agendas and provide support materials:
Proposed Membership
One Council representative, two Program Board Representatives, two Planning Board
representatives, one Parks and Recreation Citizen -Advisory Commission member and two
citizens at large.
Chair—Council Representative
Staff Liaison—Bob Lambert, Director Parks and Recreation Services
Staff Support—Stuart A. Fox, Manager Parks and Natural Resources;Laurie Obiazor, Manager
Recreation Services -
Duration: February 2001 until July 2001
IL/Lambert 2001/Task Force Charter Statement
•
•
•
_ 10
CITY COUNCIL AGENDA
DATE: 02/06/01
SECTION: Reports of the Director of Community Development
SERVICE AREA/DIVISION:
Community Development ITEM DESCRIPTION: ITEM NO.:
Donald R. Uram '
Krista Flemming Draft Comprehensive Guide Plan Update .` ,
Requested Action
Move to:
• Direct Staff to distribute draft copies of the Plan to the Metropolitan Council to review for
completeness (an informal review); to adjacent jurisdictions and school districts for the
required review and comment period; and the Community Planning Board for an advisory
recommendation.
Synopsis
The draft document of the Comprehensive Guide Plan Update is finished. The Plan needs to be
submitted to the Metropolitan Council for an informal review to determine if it is complete. The
Plan must also be distributed to adjacent jurisdictions and school districts for a required 6-month
review period.
The staff suggests the draft Plan also be submitted to the Community Planning Board for an
advisory recommendation. The Plan would then be reviewed by the City Council.
Background
There are no significant differences between the 1982 Plan and the 2000 Update. The Plan is
primarily a statistical update of population, employment, housing forecasts, and the impact on
remaining vacant land, sewer, water, roads, and park and open space. The basis for many of the
chapters is to summarize approved studies, reports, and documents (1995 Transportation Plan,
1995 Water Supply Plan, draft 2000 Park and Open Space Plan, 1996 Livable Communities
Action Plan, 1996 Senior Issues Task Force Report, 1994 Marketcenter Plan, etc.). All
mapping/graphics are now compatible with Geographic Information Systems (GIS).
There are 1,768 acres (gross) of vacant land left to develop in the City, most of which is guided
residential in southwest Eden Prairie. No major land use changes are proposed for the remaining
vacant land.
The Comprehensive Guide Plan Update is consistent with Metropolitan System Plans for sewer,
water, transportation, housing and open space, but inconsistent with the Metropolitan System
City Council Agenda
Draft Comprehensive Guide Plan Update
Page 2
Aviation Plan. The Plan supports the airport in its current state as a minor use airport with
opposition to any future expansion.
Attachments
1. Draft Copy of the Comprehensive Guide Plan Update
. a
CITY COUNCIL AGENDA DATE:
February 6,2001
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Public Works Services Review Development and Infrastructure Issues
Eugene A. Dietz Relating to Eden Prairie Road, South of Riley MLa G. . 1
Creek
Requested Action
None. Advisory only. If the Council wishes to give different direction, it would be
appreciated at this time
Synopsis
A developer has been working with the City staff regarding the redevelopment of the Cedar Hills
Golf Course for a housing project. The Director of Public Works Services will review a list of
critical issues with the City Council in advance of planned neighborhood meetings to begin the
development review process.
Background Information
City Council has ordered the improvements for the area south of Pioneer Trail between Spring
Road and Eden Prairie Road generally know as the "Charlson Area" improvements. Although
this project will not directly serve the redevelopment of the Cedar Hills Golf Course, a
subsequent extension of utility and roadway infrastructure will. A developer has been working
with City staff on a plan for a housing project on the Cedar Hills Golf Course and is ready to
begin preliminary neighborhood meetings to review issues and alternatives.
The DPWS will review the critical issues with City Council that will need resolution in •
conjunction with advancing this development proposal. Those issues will include:
• Density transfers to optimize open space
• Reconstruction of Eden Prairie Road, south of Riley Creek
• Defining the ultimate service area for extension of sanitary sewer and water
• Possibility of maintaining rural zoning along the bluff edge
• Drainage issues
• Maintaining full access intersection at Eden Prairie Road/TH 212 versus connecting
Eden Prairie Road to Spring Road
• MAC acquisition of parcels along Eden Prairie Road
• Special assessment implications relating to various zoning decisions
1