HomeMy WebLinkAboutCity Council - 03/20/2001 AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY,MARCH 20,2001 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. COMMUNITY SURVEY RESULTS—KERRY HILL OF WIRTHLIN
WORLDWIDE
IV. OTHER TOPICS
V COUNCIL FORUM
A. Zero Expansion
VI. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL AGENDA/
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY,MARCH 20,2001 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 CITY COUNCIL/HOUSING AND REDEVELOPMENT
AUTHORITY MEETINGS TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,MARCH 6,2001
B. CITY COUNCIL MEETING HELD TUESDAY,MARCH 6,2001
VI. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO
FOOD SERVICES AGREEMENT WITH VIKINGS FOOD SERVICE LLC
C. AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER TINO
RIGHT-OF-WAY AND FACILITY USE AGREEMENT WITH
METRICOM,INC.
D. AWARD CONTRACT FOR 2001 STREET SWEEPING TO PEARSON
BROTHERS,INC.AND AUTHORIZE THE MAYOR AND CITY
MANAGER TO EXECUTE THE CONTRACT,I.C. 01-5532
E. AWARD CONTRACT TO CHAMPION COATINGS,INC.,FOR
REPAINTING OF WASH WATER STORAGE TANK AT THE WATER
TREATMENT PLANT AND AUTHORIZE THE MAYOR AND CITY
MANAGER TO EXECUTE THE CONTRACT,I.C. 015529
CITY COUNCIL AGENDA
March 20,2001
Page 2
F. AUTHORIZE THE MAYOR AND CITY MANAGER TO APPROVE
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
THE LOCAL WATER MANAGEMENT PLAN
G. AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO
NON-DISCLOSURE AGREEMENT BETWEEN THE METROPOLITAN
911 BOARD AND THE CITY OF EDEN PRAIRIE
H. AWARD CONTRACT TO RAYCO CONSTRUCTION,INC.,FOR
REROOFING THE EDEN WOOD CAMP DINING HALL AND
DORMITORY AND AUTHORIZE THE MAYOR AND CITY MANAGER
TO EXECUTE THE CONTRACT
VII. PUBLIC HEARINGS/MEETINGS
A. CREATION OF TAX INCREMENT FINANCING(TIF) DISTRICT#17
FOR THE ROLLING HILLS SENIOR PROJECT (Resolutions)
B. LOIS TOBIAS ADDITION by Audrey Simons Request for Preliminary Plat
of 1.4 acres into 2 lots. Location: 9140 East Sunrise Circle(Resolution for
Preliminary Plat)
C. WOODBEAR HIGHLANDS by Bill Bearman. Request for Comprehensive
Guide Plan Amendment to add 10 acres within the Metropolitan Urban Service
Area(MUSA),Planned Unit Development Concept Review on 15.76 acres,
Planned Unit Development District Review with waivers on 15.76 acres,Zoning
District Change from Rural R1-13.5 on 15.76 acres, and Preliminary Plat on 15.76
acres into 31 lots. Location: 9630 Eden Prairie Road(Resolution for Comp
Guide Plan Amendment,Resolution for PUD Concept Review, Ordinance for
PUD District Review and Zoning District Change, and Resolution for
Preliminary Plat)
D. LIBERTY PLACE-BUILDING B by Liberty Limited Liability Partnership.
Request for Planned Unit Development Concept Amendment on 6.84 acres,
Planned Unit Development District Review with waivers on 6.84 acres,Zoning
District Amendment within the Office Zoning District on 6.84 acres, and Site Plan
Review on 6.84 acres. Location: Smetana Lane (Resolution for PUD Concept
Amendment and Ordinance for PUD District Review and Zoning District
, Amendment)
VIII. PAYMENT OF CLAIMS
IX. ORDINANCES AND RESOLUTIONS
X. PETITIONS,REQUESTS AND COMMUNICATIONS
CITY COUNCIL AGENDA
March 20,2001
Page 3
A. I-494 CORRIDOR COMMISSION UPDATE
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. City Manager's Evaluation and Merit Bonus Recommendation
B. REPORT OF CITY MANAGER
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
1. Report on Status of Flying Cloud Airport
XIV. OTHER BUSINESS
XV. ADJOURNMENT
,
AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY,MARCH 20,2001 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. ADOPT THE RESOLUTION RELATING TO THE REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT NO. 5 IN THE CITY OF EDEN PRAIRIE
AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT
FINANCING (QUALIFIED HOUSING) DISTRICT NO. 17 FOR THE ROLLING
HILLS SENIOR HOUSING PROJECT.
III. ADJOURNMENT
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION RELATING TO THE REDEVELOPMENT PLAN FOR
REDEVELOPMENT
PROJECT NO. 5 IN THE CITY OF EDEN PRAIRIE AND THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING
(QUALIFIED HOUSING) DISTRICT NO. 17
BE IT RESOLVED by the Housing and Redevelopment Authority in and for the
City of Eden Prairie,Minnesota, as follows:
1. On December 17, 1996, the Housing and Redevelopment Authority in and
for the City of Eden Prairie, Minnesota (the "Authority") pursuant to
Minnesota Statutes Section 469.001 to 469.047, as amended, approved
Redevelopment Project No. 5 and a Redevelopment Plan relating thereto,
and a Tax Increment Financing Plan for Tax Increment Financing
("Redevelopment District"), District No. 13. On August 5, 1997, the
Authority approved a Tax Increment Financing Plan for Tax Increment
Financing District No. 14. On August 5, 1997, the Authority approved a
Tax Increment Financing Plan for Tax Increment Financing District
Numbers 15 and 16 on July 20, 1999.
2. It has been further proposed that the Authority approve the creation of
proposed Tax Increment Financing District No. 17 and approve and adopt
the proposed Tax Increment Financing Plan (the "Tax Increment Plan")
relating thereto, pursuant to and in accordance with Minnesota Statutes
Section 469.174 to 469.179, inclusive, as amended and supplemented
from time to time.
3. The Authority has investigated the facts and has caused to be prepared
with respect thereto the proposed Tax Increment Financing Plan for Tax •
Increment Financing District No. 17, defining more precisely the property
to be included, the public cost to be incurred and other matters relating
thereto.
4. The Authority has performed all actions required by law to be performed
prior to the approval and adoption of the proposed Tax Increment
Financing Plan.
5. The Authority hereby determines that it is necessary and in the best
interest of the City and the Authority at this time to create proposed Tax
Increment Financing District No. 17 and to approve and adopt the
proposed Tax Increment Financing Plan relating thereto.
6. Adoption. The Tax Increment Financing Plan is hereby adopted subject to
approval by the City Council as provided in Section 8 based on the
findings in Section 7.
7. Findings. The Authority hereby makes the following findings:
a. The tax increment financing district to be established pursuant to
the Tax Increment Plan (the "District"), based on the information
in the Tax Increment Plan and representations of the developer,
consists of a project intended for occupancy, in part, by persons of
families of low and moderate income, as defined in Chapter 462A,
Title II of the National Housing Act of 1934, the National Housing
Act of 1959, the United States Housing Act of 1937, as amended,
Title V of the Housing Act of 1937, as amended, or similar federal
legislation and the regulations promulgated thereunder. As
evidence thereof, the developer represents that the project qualifies
for the low-income housing tax credit under Section 42 of the
Internal Revenue Code of 1986, as amended. The project to be
constructed in the District consists only of housing for individuals
or families of low or moderate income, and no commercial or other
uses are contemplated therein. Therefore, the District qualifies as a
"housing district" within the meaning of Minnesota Statutes
Section 469.174, Subdivision 11. The income limitations of
Section 469.1761 of the Act are applicable to tenants in the project,
because the District is not located in a targeted area as defined in
Minnesota Statutes Section 462C.02, Subdivision 9, Clause (e).
b. The proposed development, in the opinion of the Authority, would
not reasonably be expected to occur solely through private
investment within the reasonable foreseeable future and, therefore,
the use of tax increment financing is deemed necessary since
private developers could not economically develop the project
without the proposed subsidy.
8. Transmittal. The Authority does hereby transmit the Redevelopment Plan
and the Tax Increment Plan to the Eden Prairie City Council for approval
after the same has been considered by the Council subsequent to a public
hearing to the held in accordance with Minnesota Statutes Chapter 469.
9. Additional Approvals. It is contemplated the public financial contribution
contemplated in the Tax Increment Financing Plan, including but not
limited to, tax increment financing, may be secured by way of a mortgage
on the property in the District. It is further contemplated that the developer
will obtain construction and/or permanent financing and that it will be
necessary for any security granted to the City and/or Authority to be
subordinated to that of the developer's lender. The approval hereby given
to the Tax Increment Financing Plan includes approval for the execution
by the appropriate officers of the Authority of such additional documents
necessary to acquire a secured interest in the property and to subordinate
such interest, to the lien of the developer's construction and/or permanent
financing. The Chair and Executive Director are authorized and directed to
prepare and furnish certified copies of all proceedings and records of the
_ • Authority relating to this transaction and such other affidavits and __ ___- _ __-_
_
certificates as may be required to show the facts relating thereto as such
facts appear on the books and records in the officers' custody and control
or as otherwise known to them; all such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute
representations of the Authority as to the truth of all statements contained
therein. The approval hereby given to the various documents referred to
above includes the approval of such additional details therein as may be
necessary and appropriate and such modifications thereof, deletions
therefrom and additions thereto as may be necessary and appropriate and •
approved by the Authority's counsel and the officials authorized herein to
execute said documents prior to their execution; and said officials are
hereby authorized to approve said changes on behalf of the Authority. The
execution of any instrument by the appropriate officer or officers of the
Authority herein authorized shall be conclusive evidence of the approval
of such documents in accordance with the terms hereof.
10. Filing. Following approval by the City Council, the Executive Director
hereby authorized and directed to file the Redevelopment Plan and the Tax
Increment Plan with •the Commissioner of Revenue as required by
Minnesota Statutes Section 469.175, Subdivision 2.
Passed by the Housing and Redevelopment Authority in and for the City
of Eden Prairie,Minnesota,this 20th day of March 2001.
Chair
Attest:
• Executive Director
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY,MARCH 6,2001 5:00-6:55 PM, CITY CENTER
HERITAGE ROOMS I&II
CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ron Case, Jan Mosman,
Nancy Tyra-Lukens
CITY COUNCIL STAFF: City Manager Chris Enger,Public Works Services Director Eugene
Dietz, City Engineer Al Gray, City Attorney Ric Rosow and Recorder LorenelVlc_Waters_
I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS
Mayor Harris called the meeting to order at 5:30 p.m.
II. APPROVAL OF AGENDA
III. HIGHVIEW DRIVE/LAKELAND TERRACE NEIGHBORHOOD GROUP
Mayor Harris welcomed residents of the Highview Drive/Lakeland Terrace neighborhood to
the meeting and reviewed the agenda,which was as follows:
• Project Chronology
• Neighborhood Input
• Council Discussion of Expectations
Public Works Director Gene Dietz presented a chronology of the project(attached). Dietz
indicated that most of the underground construction in the Highview Drive roadway is
completed. The wearcourse(top 1-1/2" of bituminous)will be laid in June 2002; however
, he expects the project to be substantially complete by August 2001.
Ann Florenzano, a Lakeland Terrace homeowner, explained she had been asked by the
neighborhood to present concerns of residents who are unhappy with the way in which the
Highview Drive/Lakeland Terrace utility project has proceeded. She said the neighborhood
believes the process should have been handled differently. Florenzano presented the
following concerns:
1. The project proceeded unevenly. The group feels the project has moved in"bits
and starts,"beginning with an informal informational neighborhood meeting in 1997
or 1998 followed by a gap of a year or two during which residents did not hear
anything from the City and did not know if the project would proceed. She said
there has been little or no communication between the City and the neighborhood
from the December 19,2000, Council Forum at which they appeared and this
meeting.
1
COUNCIL WORKSHOP MINUTES
March 20,2001
Page 2
2. The City led the neighborhood to believe boring was a viable option. Florenzano
indicated that the City presented the neighborhood with the option of using the less
evasive boring technology,which minimizes disruption to the landscape,but later
recanted due to the high cost.
3. Amount of assessment. When the project was first presented, the assessment cap
was $15,500,but by the time the project was approved the Council had raised the cap
to $19,600. Florenzano also said residents were led to believe that the Settler's
Ridge lift station project would help reduce their assessment for this project.
4. Poorly planned neighborhood meeting in Fall 2000. After the City Council voted
to approve the contract for the project, a vote was taken at a neighborhood meeting
on whether or not residents thought the project should proceed immediately(Fall
2000) or should be delayed until Spring 2001. Although the majority of those
present indicated they wished delay the project, it was started in Fall 2000.
5. Unresolved easements. As digging proceeded,the City expected owners to sign
easements without allowing them adequate input or time to consider the long-term
implications. Florenzano said some easements critical to the project are still not
signed, although the project is well underway.
Florenzano presented suggestions from the group on how the project could have been better
handled, including the following:
• Sending out informational letters on a regular basis
• Not presenting options (such as boring)that are not really feasible
• Informing residents of impending bad news sooner rather than later
• Conducting more effective meetings. In particular, letting people know whether
meetings are informational only or for decision-making purposes
• Sharing engineering plans with residents so they understood what was really proposed
Resident Tom Knauer distributed a letter from residents of Highview Drive and Lakeland
Terrace that restated some of the concerns raised by Ann Florenzano and asked the Council
to:
• Bring the assessment cap closer to the previous $15,500 cap
• Assure residents that directional boring will be used on private property easements
where owners so request
• Extend the mandatory hook-up to utilities beyond five years
• Present the neighborhood with a plan for reforestation
The letter also asked the following:
• Does the City plan to resolve easement issues before breaking ground on the second
phase of the project?
• Will the City pursue condemnation proceedings if owners refuse to sign easements?
• If the City does proceed with condemnation,what recourse do residents have?
COUNCIL WORKSHOP MINUTES
March 20,2001
Page 3
Public Works Services staff responded as follows:
Project Chronology. Dietz noted that the petition from the neighborhood was received in
1996. It wasn't until April 1999,that the ability to extend utilities to the neighborhood
existed;however at that time there was not complete buy-in from the neighborhood. The
issue of stormwater gardens also contributed to delays in the project. In Spring 2000, the
City started hearing from some residents whose septic systems were failing. They
questioned why the project had not proceeded.
Boring Option. Dietz said he has attempted to balance the wants and needs of
neighborhood residents while keeping project costs within reason. This is the most
expensive sewer project ever undertaken by the City, and while directional boring is being
' used in some instances,it is cost-prohibitive in others. He noted that the City is already •
subsidizing$13,000 per parcel for the Highview Drive segment of the project.
Communications. Dietz noted that City staff had held more neighborhood meetings on this
project than any other. City Engineer Al Gray said there had been minimal communications
with residents on easements because they indicated at the December 19, 2000, Council
Forum that they did not wish to work with staff until they had appeared at another Council
Workshop.
Easements. Dietz said residents were told from the beginning that it is not the City's policy
to pay for easements,but that the City would cover the full cost to reestablish landscaping.
He said it is not unheard of for the City to begin a project without all easements in place. He
acknowledged that the City did take a calculated risk beginning the project without all
easements,but that staff's goal was to deliver the project on the schedule set by the Council.
While he knew of some residents who did not want to start the project in the Fall,he also
heard from some who did want to proceed. The issue of when to start the project came up
unexpectedly at a neighborhood meeting, and despite the sentiments expressed at that time
Dietz felt an ethical responsibility to start the project as scheduled.
Mayor Harris asked for input from both staff and residents on how to proceed with the
project. Gray said he would set up meetings with each owner with whom there is an
outstanding easement within the next two weeks. Florenzano pointed out that some
easements affect more than one property. She also suggested starting with the most critical
easements first. Knauer asked if the residents would get question by question responses to
the issues presented in their letter. Mayor Harris said the first priority was to set up
meetings for the easements, and that tackling the tough ones first makes sense.
Harris noted that bringing the assessment cap down would be a broad policy action that
would have to be made by the entire Council and adopted with due deliberation. She said
that she felt that since such a decision would affect the City as a whole,it was unlikely to
occur. Because of the cost, she said she could not guarantee boring would be used wherever
requested. Councilmember Tyra-Lukens said she feels the Council has always believed that
assessments should cover the cost of improvements. Homeowners who purchase homes in
developments in Eden Prairie have already paid for their utilities as part of the price of their
homes. She does not feel the Council should pull back the assessment cap. She also noted
3
COUNCIL WORKSHOP MINUTES
March 20,2001
Page 4
that the Council would not have considered more expensive boring as an option if the
assessment cap were still at$15,500. Councilmember Case said he feels communication is
really the root issue,and that he feels government can do a better job than it is doing. He
voiced his opinion that a PR person might help on potentially controversial projects. He is
comfortable with the$19,600 assessment cap since the City will still be subsidizing the
project at$13,000 per parcel. He also said he was comfortable exploring the feasibility of
using boring even if it means slightly raising the$33,000 per parcel project cost.
Dietz said no condemnation proceedings had been undertaken,but that the City does have
the option of condemnation. One resident said the neighborhood would like to hear that the
project will not go forward until all easements are resolved. She also said the assessment is
a burden to some in the neighborhood,particularly those who have had new septic systems
installed within the last two years. Dietz said he was reluctant to say no work on the project
will be done before easements are obtained,but he assured residents no digging would take
place on properties on which the City does not have easements.
Mayor Harris asked staff to do the following:
• Meet with owners regarding easements. If an easement involves more than one
property,attempt to arrange a joint meeting.
• Develop a new project plan and schedule. Distribute to the Council and residents.
• Ensure timely communication of events that may delay or affect the project.
IV. , COUNCIL FORUM
V. ADJOURNMENT
Mayor Harris adjourned the meeting at 6:55 p.m.
t
HIGHYIEW DRIVE LAKELANI) TERRACE
PROJECT TIME LINE
(LC. 96-5406)
February, 1996 Neighborhood Petition Received and Feasibility Study Ordered
June, 1997 MUSA Line Extended in Southwest Eden Prairie
April, 1999 Utilities become available to the Neighborhood with Completion
of the Pioneer Trail Project
July 14, 1999 Neighborhood Information Meeting-Utilities and Storm Water
Gardens Discussed
July 26, 1999 Survey Mailed to Neighborhood
June 6, 2000 Feasibility Study received by Council
Assessment Cap revised to $19,600
June 14, 2000 Neighborhood Meeting to discuss Feasibility Study
June 20, 2000 Preliminary Hearing for Project - Lakeland Terrace Sewer
Continued
July 12, 2000 Lakeland Terrace Information Meeting-Sewer System selected
by Neighborhood
July 18, 2000 Continued Preliminary Hearing for Lakeland Area Sewer
August 15, 2000 Approve Plans and Specifications
September 15, 2000 Open Bids -
September 18, 2000 Neighborhood Information Meeting - Residents Question Fall
Construction
September 19, 2000 Assessment Hearing and Contract Award continued to October
3, 2000 Council Meeting
September 27, 2000 Memo to Residents - Project to Proceed Fall, 2000
October 3, 2000 Information Meeting prior to Council Meeting. Council holds
Final Assessment Hearing and Awards Contract
December 19, 2000 Residents attend Council Forum
May, 2001 Resume Construction
August, 2001 Substantial Completion
June, 2002 Final Completion
S
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,MARCH 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
Mayor Harris called the meeting to order at 7:08 p.m.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
Mayor Harris said Council Forum is held the first and third Tuesdays of the month from
6:30—6:55 p.m. in Heritage Room II. This will be scheduled time following City Council
Workshops and immediately preceding regular City Council Meetings. It is important if
you wish to visit with the City Council and Service Area Directors at this time that you
notify the City Manager's office by noon of the meeting date with your request.
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Butcher added an update on Human Services, Tyra-Lukens added a report on Southwest
Metro and information about an up-coming meeting, and Mosman added an item about a
traffic problem, all under XIII.A. Reports of Councilmembers
MOTION: Butcher moved, seconded by Case, to approve the agenda as published and
amended. Motion carried 5-0.
V. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 20,2001
Mayor Harris made a correction to the last line on page 1, which should read". . .
data gathered from the applicants for Council review." Case made an addition to
the second paragraph on page 3. The response to the inquiry by Case should be
"Mayor Harris replied there was none."
MOTION: Case moved, seconded by Mosman, to approve the minutes of the
Council Workshop held. Tuesday, February 20, 2001 as published and amended_
Motion carried 4-0,with Tyra-Lukens abstaining due to her absence.
CITY COUNCIL AGENDA
March 6,2001
Page 2
B. CITY COUNCIL MEETING HELD TUESDAY,FEBRUARY 20,2001
Mayor Harris made a correction to the third line on page 11, which should read
"He and Mayor Harris had proposed a Park Historical Facilities and a Capital
Improvement Plan Task Force . . ."
MOTION: Butcher moved, seconded by Case to approve the minutes of the City
Council Meeting held Tuesday, February 20, 2001 as published and amended.
Motion carried 4-0,with Tyra-Lukens abstaining due to her absence.
VI. CONSENT CALENDAR
A. SCHLOTZSKY'S DELI (OFFICE DEPOT) by Midwest Expansion Ltd. 2nd
Reading for Planned Unit Development District Review with waivers on 4.19
acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4.19
acres, and Site Plan Review on 4.19 acres. Location: 11609 Leona Road.
(Ordinance No. 9-2001-PUD-5-2001 for Zoning District Amendment and
Resolution No. 2001-41 for Site Plan Review)
B. ADOPT RESOLUTION NO. 2001-42 APPROVING THE FINAL PLAT OF
AMERICAN LUTHERAN CHURCH 4TH ADDITION
C. ADOPT RESOLUTION NO. 2001-43 APPROVING THE FINAL PLAT OF
BEARPATH TOWNHOMES 10TH ADDITION
D. ADOPT RESOLUTION NO. 2001-44 APPROVING THE FINAL PLAT OF
AZTEC TOWN OFFICE PARK
E. ADOPT RESOLUTION NO. 2001-45 APPROVING THE FINAL PLAT OF
OFFICE DEPOT ADDITION
F. ADOPT RESOLUTION NO. 2001-46 SUPPORTING STATE
LEGISLATION ON RESTRICTING THE USE AND SALE OF
PHOSPHORUS LAWN FERTILIZERS
G. APPROVE 2ND READING OF ORDINANCE NO. 10-2001 AMENDING
CITY CODE SECTION 2.27, RELATING TO BOARDS AND
COMMISSIONS
H. APPROVE CHANGE ORDER NO. 1 FOR EMERGENCY VEHICLE PRE-
EMPTION PROJECT
I. APPROVE THE AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH SEH TO DEVELOP ACCESS CONCEPTS TO THE
MARKET CENTER AREA FROM I-494
t �,
CITY COUNCIL AGENDA
March 6,2001
Page 3
MOTION: Butcher moved, seconded by Tyra-Lukens to approve Items A-I on the
Consent Calendar. Motion carried 5-0.
VII. PUBLIC HEARINGS/MEETINGS
A. 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 14 lots. Location: Sunnybrook Road.
(Resolution No. 2001-47 for PUD Concept Review, Ordinance for PUD
District Review and Zoning District Change, and Resolution No. 2001-48 for
Preliminary Plat)
Enger said official notice of this public hearing was published in the February 22,
2001, Eden Prairie News and sent to 37 property owners. At the February 6
meeting, the City Council voted to continue the project to the March 6, 2001
meeting. The City Council directed the developer to relocate the NURP pond and
eliminate the units closest to Highway 212 and for staff to work with the
developer on these changes.
Randy Zejdlik of Baton Corporation said he is proposing to develop 7.71 acres,
and to build 13 one-level townhomes on the site, with a density of less than 2.2
units per acre. The townhomes would have 1,460 square feet on the main level
and an additional 1,200 square feet on the lower, unfinished level. Prices will
start in the range of $220,000. He has requested a zoning district change from
Rural to RM-6.5. He was eliminating the units on the west side of the property
near Highway 212 and has relocated the NURP pond to the wetland area adjacent
to Sunnybrook Road.
Zejdlik requested Council to consider not requiring his development to assume
the cost of bringing the sanitary sewer line to the north edge of the property, in
light of the fact that he had removed three units from his development. The other
option would be there is a little bit of room on the north side for a couple of units,
which would help them to offset the cost of providing that sewer line.
Franzen said City staff recommended approval of the revised plan, subject to a
conservation easement over the wetland, the wetland buffer and the land adjacent
to Highway 212. In addition, he had received a letter from Libby Hargrove,
12640 Sunnybrook Road, stating she approved the new plan. She did question the
size of the sewer pipe and placement of the NURP pond, which Mr. Dietz would
be better able to answer, and asked for a six-foot privacy fence around her
property. Franzen said the City does not ordinarily require the installation of
fences for transition between twin homes and single-family homes; instead it
usually requires additional landscaping placed between the different land uses.
Mayor Harris asked if anyone would like to address the Council on this proposal.
No one did.
3
CITY COUNCIL AGENDA
March 6,2001
Page 4
MOTION: Butcher moved, seconded by Case, to close the public hearing; and
adopt Resolution No. 2001-47 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 7.71 acres; and adopt Resolution
No. 2001-48 for Preliminary Plat on 7.71 acres into 14 lots; and direct Staff to
prepare a Developer's Agreement incorporating Board and Staff
recommendations. Discussion followed.
Case said he liked the plan and most of the concerns he had have been addressed.
However,he wanted to know why the sewer pipe has to go through this particular
parcel, and if it could it be run through Lee Smith's parcel instead. He wondered
why the sewer pipe has to destroy wetland in order to take it through this
developer's parcel instead of connecting to the end of the sewer line about 20 feet
from Lee Smith's property. He asked for an explanation as to why the City has a
stubbed-in road up to the Williams property, where the sewer line has to be 20
feet from the edge of the property,yet the City is going to destroy wetland to take
it straight through the middle of the wetland. Also, the statement on the green
sheet states "Wetland fill has increased from 16 to .26 acres (11%)." Case said
this appeared to him to be a 62 %increase,unless staff figured it some other way.
In terms of hard acreage, they are getting a lot for it, but they have significantly
chosen to fill additional wetland.
Dietz replied each time a project came in along Sunnybrook Road, City staff
investigated where they could stub into the Williams property. Each time they
have determined the best location to put the sanitary sewer to serve the west end
of what they refer to as the William property, although there is other property
also. There is a low area that runs north from this wetland, and the City has to
service what is on the west side of that. This is the best way to do this without
making extra deep cuts from Princeton Road to serve the west end of the property,
because it needs to run to the east. This is the plan the City has been working on
when they have reviewed the last two-to three developments.
Case asked if going through the Lee Smith property next door would not address
the issue of meeting the most western properties to the north of this one. Dietz
replied it could, but running north from the wetland that is on the north side of
these townhomes is a low, dry area. The City would have to go through this
property as well to get from the property next to Lee Smith's. It is possible that
could have been done but they didn't do it at that point. The sanitary sewer has
been stopped short of the end of the road, and the road is now in. It would add
extra expense, and probably is not the best way to service the west edge property
along Highway 212. The pipe would run 190 feet through wetland. Dietz wanted
to assure everyone that after the first season he didn't believe anyone would
realize a sanitary sewer has gone through there; no disturbances will be evident.
The City can and will restore that all along the edge of where the sanitary sewer
goes next to the restoration site.
Case said he was always concerned when a new development goes in next to
someone who is already there. The City should be sensitive to their concerns.
CITY COUNCIL AGENDA
March 6,2001
Page 5
Libby Hargrove will have eleven neighboring houses after this development is
built. He was not sure that asking for a fence to be put in around her property is
asking too much. It would mitigate the effect of those eleven homes.
Mosman said perhaps they could build a fence that was not too expensive and also
increase the landscaping.
Butcher said Mrs.Hargrove has asked for a six-foot privacy fence.
Mayor Harris said that would need to be added as a Council condition to the main
motion.
AMENDMENT TO MOTION: Butcher moved, seconded by Case, to amend
the main motion to include the Council condition of adding a six-foot fence
around the Hargrove property. Amended to the motion carried 5-0.
The main motion carried 5-0.
B. 2001 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
(CDBG)RECOMMENDATIONS (Resolution No. 2001-49)
Enger said official notice of this public hearing was published in the February 22,
2001,Eden Prairie News.
Uram said the Human Service Review Committee reviewed the 2001 Community
Development Block Grant (CDBG) proposals and recommended the following
activities be funded:
Public Service Activities(15%cap) Level City Priority
1. Child Care Program(Subsidy) $ 18,091 High
2. Household&Outside Maintenance for Elderly(HOME) $ 10,320 High
3. Mortgage Foreclosure Prevention $ 3,204 High
4. Home Line—Tenant's Advocacy Service $ 4.004 High
Sub Total $35,619(15%of total)
Housing Activities Level City Priority
5. Housing Rehabilitation Deferred Loan Program $50,000 High
6. Affordable Rental Housing Land Acquisition $151,844 High
Sub Total $201,844(75%of total)
Grand Total $237,463
Tyra-Lukens asked why the same organizations show up on the list every year- if
there was direction from the County or long-term commitments to these
organizations.
Butcher replied there are no long-term commitments. The Human Service
Review Committee reviews them annually. She also serves on the Family Board
so she sees where the money is going. They try to have a number of people
involved in both groups so they can keep comprehensive services.
5
CITY COUNCIL AGENDA
March 6,2001
Page 6
Tyra-Lukens asked if the committee reviews many more organizations than the
six being funded.
Butcher said yes, each of these groups is assessed to see how the money is being
used and if the uses are worthwhile. The committee does that more than once a
year.
Mayor Harris asked if anyone wished to speak to the proposed funding.
Carla Jacobson,with the Greater Minneapolis Day Care Association, thanked the
Council for its continuing support for the Child Care Program. They have served
nine families and will be serving more. Right now there is not a waiting list. The
money is used to help low-income families defer the cost of child care. Ms.
Jacobson asked Councilmembers to call her any time if they have concerns, or
they want her to address the Council to tell them more about the program.
Sherry Bruckner said she is one of the Home Line staff attorneys. She thanked
the Council for consideration of their grant application and for supporting the
organization.
Mark Matasovsky, a resident of Eden Prairie, is on the Board of Directors of the
Community Action Agency for Suburban Hennepin County, CAASH. He
thanked the Council and said they appreciate its continuing support.
MOTION: Tyra-Lukens moved, seconded by Butcher, to close the Public
Hearing; and adopt Resolution No. 2001-49 approving the use of funds for the
2001 Urban Hennepin County Community Development Block Grant (CDBG)
program as recommended by the Human Services Review Committee. Motion
carried 5-0.
VIII. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Mosman,to approve Payment of Claims. Motion
was approved on a roll call vote, with Butcher, Case, Mosman, Tyra-Lukens and
' Harris voting"aye."
IX. ORDINANCES AND RESOLUTIONS
X. PETITIONS,REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS &COMMISSIONS
XII. APPOINTMENTS
A. 2001 BOARD OF REVIEW
Enger said the Board of Review will be holding meetings in April. They usually
meet twice. The proposed members for Council approval are experienced real
CITY COUNCIL AGENDA
March 6,2001
Page 7
estate professionals with knowledge of the southwest metro area. They have been
contacted and are willing to serve.
MOTION: Tyra-Lukens moved, seconded by Butcher, to appoint to the Board of
Review: Mike Best, Judy Ilstrup, Doug Malam, Annette O'Connor and Patricia
Pidcock for the period of April 5, 2001 through April 24, 2001. Motion carried
5-0.
B. BOARDS AND COMMISSIONS
Enger explained Randy Foote has served two three-year terms. He was originally
appointed in March of 1994 on the City's Planning Commission and then to a
one-year term on the Community Program Board. His reappointment requires a
unanimous vote of the City Council.
MOTION: Mosman moved, seconded by Butcher, to appoint to the Community
Planning Board Randy Foote—Term to expire 3/31/2004. Motion carried 5-0.
Mayor Harris said the Council deeply appreciates,his years of service.
C. CHAIRS AND VICE-CHAIRS TO THE BOARDS AND COMMISSIONS
Enger said the City Council had a meeting at which they discussed potential
Chairs and Vice Chairs. The Council suggested staff check with them to see if
they are willing to serve. Enger said all potential candidates have been contacted
and are willing to serve.
MOTION: Butcher moved, seconded by Tyra-Lukens, to appoint Franz
Corneille — Chair and Ray Stoelting — Vice Chair of the Community Planning
Board; to appoint Cliff Dunham— Chair and Bill Ford—Vice Chair of the Board
of Appeals and Adjustments; to appoint Lori Peterson-Benike — Chair and Art
Weeks — Vice Chair of the Heritage Preservation Commission; to appoint Kim
Teaver — Chair and David Larson — Vice Chair of the Parks and Recreation
Citizen Advisory Commission; to appoint Harry Moran—Chair and Philip Young
— Vice Chair of the Human Rights and Diversity Citizen Advisory Commission;
to appoint Munna Yasiri—Chair and Dick Brown—Vice Chair of the Community
Program Board; and to appoint Patricia Pidcock — Chair and Mike Best — Vice
Chair of the Board of Review.
Motion carried 5-0.
D. HIGHWAY 169 CORRIDOR COMMITTEES
Enger said in a similar fashion to the Management Plan that is to be developed for
TH 212, MnDOT has established TH 169 as an interregional corridor from I-494
to Mankato. Through a coordinated committee structure, MnDOT intends to
develop a management plan to develop a common vision in management
approach for the corridor. The requested action is to designate a Councilmember
CITY COUNCIL AGENDA
March 6,2001
Page 8
to serve at the policy level and a staff member to serve at the technical advisory
level.
Mayor Harris said she would like to appoint Councilmember Ron Case to the
Policy Advisory Committee and the Traffic Engineer to the Technical Advisory
Committee.
MOTION: Tyra-Lukens moved, seconded by Butcher, to appoint
Councilmember Ron Case to the Policy Advisory Committee (PAC) and the
Traffic Engineer to the Technical Advisory Committee (TAC) for the TH 169
Corridor Management Plan. Motion carried 5-0.
E. CITIZEN REPRESENTATIVE TO SOUTHWEST METRO TRANSIT
COMMISSION
Enger said Ross Thorfinnson, Jr. recently resigned as the Citizen Representative.
The person appointed would fill his unexpired term ending December 31,.2002.
Mayor Harris said she would like to appoint an individual who is a citizen of
Eden Prairie and has expressed an interest in serving on this commission.
MOTION: Harris moved, seconded by Butcher, to appoint Alan Calendar to
Southwest Metro Transit Board as Eden Prairie Citizen Representative to fill the
unexpired term to end December 31, 2002. Discussion followed.
Case said he believed when the Council appointed Ross Thorfinnson it had
something to do with having two Councilmembers on this Commission, and that
still made sense. There are three communities meeting to develop a bus line
between their borders: Chanhassen, Chaska and Eden Prairie.
Mayor Harris said she believed they could handle that appropriately without
having two Councilmembers on the commission. The other communities have
one Councilmember and Eden Prairie had two. The Council has talked about
having more citizen involvement. Mr. Calendar's interest in the City goes back to
1990 when he served on the Eden Prairie Building Code Board and most recently
as a member of the Third Rink Task Force. She believed he would represent the
City well.
Tyra-Lukens said, as Chair of the Southwest Metro Transit Commission, she
recognizes the importance of the critical issues Southwest Metro is facing now
and the same issues that led them to appoint Ross Thorfinnson last year still
pertain. Members of the Commission from Chanhassen and Chaska recognize
that 75 percent of the money and ridership come from Eden Prairie. One critical
issue is development of the site, which has more impact on Eden Prairie than on
the other communities. As Chair of the Commission, she appreciates the clout a
Councilmember brings to this issue.
CITY COUNCIL AGENDA
March 6,2001
Page 9
Tyra-Lukens said there are also a number of important legislative issues coming
up. She spent the day at the Legislature discussing this and she believed having
another Councilmember involved would be important. One issue facing
Southwest Metro Transit is HOV lane maintenance, another is closing the
Crosstown and possibly the Crosstown and I-494 being closed simultaneously,
and another is expansion of the transit taxing district. One-third of riders are from
Bloomington, Hopkins Shakopee, and Minnetonka within the taxing district,
whose tax dollars are not coming to the Southwest Metro to help subsidize the
cost of their rides. Another issue is regional bonding to provide for additional
buses and renovating the equipment. For these reasons, it would be helpful to
have another Councilmember involved. Tyra-Lukens said her choice for this
position would be Ron Case,who has been her alternate in the past. She was sure
the Commission would not have a problem with having another Councilmember
from Eden Prairie.
Butcher stated that since the City provides about 75 percent of the funding,
perhaps there is room for both a Citizen Representative and a Councilmember.
She believed Eden Prairie should be more heavily weighted on the Commission.
Mayor Harris said that would require a change in the Joint Powers Agreement.
Eden Prairie's citizens have served the City extremely well. Since the majority of
riders come from Eden Prairie, the opinion of a citizen would be important to give
a rider's insight from the larger community.
Tyra-Lukens said the way Southwest Metro is set up, there are elected officials
from each of the three community, then each city can elect one additional person,
and then a seventh is a rider representative, which is currently from Eden Prairie.
Chanhassen has appointed a person who owns a business in Eden Prairie, so Eden
Prairie is well represented on the Commission.
Mayor Harris said Mr. Calendar is a businessman who has businesses in Eden
Prairie, Chanhassen and Victoria, so he is very much aware of the issues of
getting employees to points where they can be gainfully employed.
Motion defeated 3-2, with Harris and Butcher voting "aye", and Case,
Mosman and Tyra-Lukens voting"nay."
MOTION: Tyra-Lukens moved, seconded by Mosman, to appoint Ron Case to
Southwest Metro Transit Board as Eden Prairie Citizen Representative to fill the
unexpired term to end December 31, 2002. Discussion followed.
Butcher said she would like to be appointed to the Commission. She said she has
an interest in transit and presumed she has a more flexible schedule than
Councilmember Case to go to the Capitol. She felt strongly about having
sufficient representation, considering how much of the budget is covered by Eden
Prairie. Also, she has worked with the staff at Southwest Metro Transit
CITY COUNCIL AGENDA
March 6,2001
Page 10
Motion carried 3-1-1, with Case, Mosman and Tyra-Lukens voting "aye",
Butcher voting"nay" and Harris abstaining.
XIII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Update on FamiLink—Councilmember Butcher
Butcher reported that FamiLink, a Human Services agency, had moved to
new space in the City Center on March 1. Management Services made
750 square feet available on the lower level near PROP. This move is
expected to streamline the City's delivery of services to meet the needs of
persons seeking them. As a Councilmember she was pleased to see the
creative use of resources to meet these needs. This also complements the
City's Strategic Plan.
Tyra-Lukens asked if this is the same space that was used by the Eden
Prairie Foundation Office and if it is also moving in there. Butcher replied
it is the same space, but the Board of Directors is not meeting there any
longer. The Foundation will have a table in the office, but the Board of
Directors is meeting in the education building.
2. Meeting on Linking Performance Measures to Budget —
Councilmember Tyra-Lukens
Tyra-Lukens said she had received notice of a meeting about linking
performance measures to the budget, which Councilmembers had
discussed earlier in the year, and she hoped one of them would be able to
attend.
3. Southwest Metro Transit Report—Councilmember Tyra-Lukens
Tyra-Lukens reported she had spent the day at the Capitol with Len
Simich, Southwest Metro Director, talking to legislators. They discussed
the issue of HOV lanes, which give transit a huge advantage, and how the
loss of HOV lanes would impact transit financially in terms of having to
purchase additional buses. Southwest Metro has twelve buses covering
two routes. If it were to lose the advantage of the HOV lanes, it would not
be able to turn six of those buses around in time to pick up more
passengers. They also talked about possibly getting the Transit Taxing
District increased, which would make other cities pay taxes for transit
services. They also talked about the importance of MnDOT making a
concerted effort to coordinate the closing of Crosstown and I-494 with
transit. MnDOT should not assume people could just take buses to work,
because right now the buses are at full capacity. Tyra-Lukens asked the
Councilmembers to talk to legislators about some of these issues.
to
CITY COUNCIL AGENDA
March 6,2001
Page 11
4. Cost Estimate Request for a Pedestrian Bridge over Scenic Heights
Road—Councilmember Mosman
Mosman asked Dietz for a cost estimate to build a footbridge over Scenic
Heights Road near School Road where the Central Middle School and
Central Kindergarten Center are located. There have been many accidents
in this area. Two residents have called her about how to make it safer.
They would like to see a footbridge over Scenic Heights Road near School
Road. Mosman said a stop sign would be another alternative.
5. Council Workshop with Carl Neu—Mayor Harris
Mayor Harris said at the February 20 Council meeting they asked staff to
return with a potential date when Mr. Neu would be available for a
seminar with the Council on strategic leadership and Council
effectiveness. Mr. Neu indicated he is available on Tuesday, March 27.
Mayor Harris proposed the Council have an in-town retreat on that date
from 3:00 p.m. to 9:00 p.m. at the City Center.
MOTION: Mosman moved, seconded by Butcher, to set aside Tuesday,
March 27, 2001, from 3:00 p.m. to 9:00 .m. and invite Carl Neu toAlegkr
Motion carried 5-0. �.it-cA lf the, eimpatwill
Caiiv�
6. Leadership Events with Clay Jenkinson—Mayor Harris
Mayor Harris said Clay Jenkinson has been hired to speak at the Boards
and Commissions Recognition Dinner. She recommended he be invited to
also speak at a leadership event the day before, with Council, staff, and
invitees from the community. Mayor Harris heard Mr. Jenkinson talk
about Thomas Jefferson and leadership. He dresses and speaks as if he
were Jefferson, and answers questions from the audience in the way
Jefferson would have addressed them. He can also personify other
historical characters. She asked Councilmembers to identify two they
believed would be of interest. She would recommend one be on
"Jefferson and Leadership."
Enger said Thursday, April 19, is the date of the recognition dinner. The
day before is open for the leadership event. Staff from the School District,
Board members,the business community, as well as the Council, staff, etc.
could be invited.
The consensus was that the second presentation by Mr. Jenkinson should
be on"Jefferson and Change."
7. Community Survey Results to be Presented March 20—Mayor Harris
Mayor Harris said at the Council Workshop on March 20 the Council will
receive the final survey results. In order to receive the full benefit of the
CITY COUNCIL AGENDA
March 6,2001
Page 12
presentation, she suggested the Community Program Board be invited to
attend also.
A. REPORT OF CITY MANAGER
1. Community Survey Results for Question 12 — Most Important
Challenges
Enger said the City Council directed the Manager to obtain early results
for Question 12 of the Community Survey that dealt with the most
important issues or challenges facing Eden Prairie over the next three- to
five years. Council received the "first cut" of this information on
February 20, and the final results for Question 12 are now available.
The survey team, including Councilmembers Tyra-Lukens and Butcher
will be working with the consultant, Wirthlin Worldwide, to complete the
final report on the entire Community Survey for presentation to the
Council at its Workshop on March 20, 2001. The consultant will be
making a presentation at the March 20 Workshop and will be available to
answer any questions from the City Council.
Question 12: Thinking about Eden Prairie in general, of the following,
what are the three most important issues or challenges that the City will
face over the next 5 years? Following are the answers from 3,178
responses, in order of priority.
Affordable taxes/Balance of public services and property taxes 60%
Traffic congestion/Inadequate road system 58%
Preservation of open space 38%
Expansion of Flying Cloud Airport 30%
(Among homeowners, 31%vs 16% for renters)
Wetland protection and water quality 25%
Affordable housing 20%
(Among renters, 70%vs 16%for homeowners)
Maintaining a sense of community 17%
Development of a"downtown"area 17%
Crime/Public safety issues 15%
Public transportation 10%
B. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
C. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
D. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
1. Process Alternatives for Infrastructure Development on Eden Prairie
Road South of Riley Creek
CITY COUNCIL AGENDA
March 6,2001
Page 13
Dietz said at the February 6 City Council meeting some issues were
identified that would be forthcoming regarding Eden Prairie Road south of
Riley Creek. The Council had asked that he develop some alternatives
that could be utilized for public input and decision-making.
1. Traditional Approach. The developer would have neighborhood
meetings and then would go through the Planning Board and City
Council. The developer would initiate a petition process that would
potentially result in Council ordering a feasibility study on road
improvements.
2. More Formal Process. Specific staff members would attend
developer-held neighborhood meetings, which could be expanded to
include a discussion of utility and infrastructure needs for the entire
service area. Staff would field questions regarding the development.
3. Workshop Meeting with Neighborhood. Council could meet with the
neighborhood to discuss issues that involve the service area. However,
a workshop-length meeting is unlikely to satisfy that need, but the
meeting could focus on identification of the public involvement .• ,
process to reach solutions.
4. Sector Council Meeting. A special Council meeting that is held within
a neighborhood. The Cedar Hills Golf Course Clubhouse has been
offered as a meeting site. The purpose of the meeting would be to
solicit input from approximately 40 property owners. There may be
more time to go through the process and field questions.
5. Special Council Meetings at City Center. These would be set up for
discussion of neighborhood issues to be held at the City Center.
6. Task Force Options. At some point in the process Council could
decide to establish a task force to work with staff to resolve specific
issues.
Dietz said regardless of which alternative the Council chooses, there
would be a process to follow for assessment improvements. He said there
are some potential development projects ready to go, and he would like to
begin some process as soon as feasible.
Butcher said she believed all these approaches could be used for different
purposes. In addition to these formats, a communication plan is pivotal,
no matter which format is used. E-government communication skills
should be utilized. People want to be informed. The City has learned
from the Community Survey that people are very comfortable using the
electronic medium, and the Web site is important for dissemination of
information.
13
CITY COUNCIL AGENDA
March 6,2001
Page 14
Mayor Harris asked if Councilmembers had a preference for any of these
options.
Case said he agreed with Councilmember Butcher about using e-
government for communication. Every new development that comes
before the Council needs a creative approach because there are so few
areas left to develop and other developments nearby have to be
considered. Case said perhaps a part-time person could be hired to
transmit communication back and forth between neighborhoods and the
City staff and walk people through the process. This particular
neighborhood project needs alternative number 4. There is a need to walk
with neighbors through the project, followed by a meeting with the
neighborhoods to connect with them. Also, a workshop meeting would be
valuable. He recommended starting with alternative number 4, and then
go to 3 and 5. He would like to use task forces for policy issues, not for
this type of problem-solving neighborhood issue.
Enger said he was not sure that a staff position would be warranted,but he
understood Councilmember Case's issue. That work of neighborhood
contact could be included in the consultant's scope of work. He asked for
just one alternative to be selected.
Mayor Harris suggested they could try alternative number 4.
Case said the Council's goal should be known and discussed with the
people they are going to meet with, which should be for education,
information and listening, and not for the Council to be decision-makers in
that environment.
Mosman said she also thought a person should be available to
communicate with neighborhoods. This matter comes up constantly when
talking to people. Councilmembers can't go out all the time to meet with
the neighborhood. She believed a task force of neighborhood people with
a staff liaison would be a great idea. A consultant doesn't know the
system and the City, so she would like someone from City staff to be a
liaison.
Case said perhaps there could be a contact person who is available to visit
the site, talking to people, to connect with City engineers, to get facts, etc.
Councilmembers are often hearing from residents that there is a disjointed
message getting out from the City.
Enger said having a designated project person makes sense. The City
should try a different way of handling communications and this project
would be a good one to try out ideas. There is a disconnect in
communication and the City needs to resolve that problem.
1y
CITY COUNCIL AGENDA
March 6,2001
Page 15
Butcher said she believed the staff lead approach should be tried. Also,
the City agreed in 1997 to a policy on development of the southwest area.
She believed that information should go on the City's Web site. A lot of
people don't know what that policy is, and that information should be
disseminated.
Tyra-Lukens said she preferred the sector Council meeting approach. She
would rather see staff lead and not spend money on an additional staff
person.
Dietz said the Council seemed to be focused on the sector Council
meeting. He asked when that meeting could be held. The meeting would
take two-to three hours. The developer would like to get started.
Enger said he believed the developer has been meeting individually with
neighbors who would be affected by the development, but he has not had
neighborhood meetings.
Enger recommended holding the sector Council meeting on Tuesday,
April 24, 2001. There was consensus to meet on that date.
E. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
F. REPORT OF MANAGEMENT SERVICES DIRECTOR
G. REPORT OF CITY ATTORNEY
XIV. OTHER BUSINESS
A. COUNCIL DISCUSSION OF OPTIONS FOR OPPOSING FLYING
CLOUD AIRPORT EXPANSION
Enger said the purpose of tonight's meeting is for the purpose of discussion to
consider what course of action should be taken in opposing the proposed
expansion of Flying Cloud Airport. The Council held a special meeting on
February 10, to which a select number of persons and agencies were invited to
present strategies for opposing the expansion. This was followed by a closed
session and at that time Council set this meeting to discuss all options.
MOTION: Butcher moved, seconded by Case, to retain Peter Kirsch to serve as
Special Counsel to the City of Eden Prairie, under the direction of the City
Manager and the City Attorney, at a cost not to exceed $40,000, unless otherwise
specifically authorized by the Council, for the purpose of developing a
comprehensive strategy memorandum evaluating the City's options in opposing
the expansion of the Flying Cloud Airport and increasing the City's leverage over
the airport expansion plans, including but not limited to the viability of adoption
of local ordinances, negotiation of intergovernmental agreements, participation in
the environmental review process, administrative regulatory solution, legislative
� s
CITY COUNCIL AGENDA
March 6,2001
Page 16
solution, political solution, litigation, and recommend a plan of action.
Discussion followed.
Mayor Harris said that does address all the issues that were discussed in the
closed session on February 10. The City has arrived at the point where it is
prepared to take action.
Butcher said she believed that after they get this information from Peter Kirsch,
the City will be able to make an overall comprehensive and strategic plan to deal
with airport issues, and not do it on a piecemeal basis. Councilmembers need to
develop a blueprint on how to achieve the goals they set on what they want the
airport to be in the future. How to protect the City's water and land, even with the
current airport operation, how to impose measures such as storm water
management, sanitary sewer and wetland protection. What about the physical
character of the airport? If left without any improvements at all, the airport
someday could become a blight on the City's landscape. The City needs an
overall vision of what it wants for the airport. Councilmembers need to define
what they want for the residents, how they will compromise, how they will
negotiate and where they want to be at the end of the process.
Case responded the Council has publicly stated that it doesn't want the airport to
expand beyond its current status. They need to concurrently seek an attorney to
determine legal options, and also send out a public relations firm to look at other
reliever airports, make alliances, and begin a legislative lobbying effort.
Whatever advice they get from the legal firm has to go hand in hand.
Motion carried 5-0.
Butcher said she believed they need this overall strategic plan and Council needs
to discuss what that plan will be. They need to gather information to put that plan
together. They need a solid plan that they can all embrace.
Case said he agreed.
MOTION: Case moved, seconded by Tyra-Lukens, to direct staff to seek out a
public relations firm to represent the City's interests and perspectives to the
following constituencies — communicating with the City's residents, networking
with the other reliever airport communities, seeking out alliances and initiating a
lobbying effort with the Legislature.
Discussion followed.
Mosman said she liked the idea of using a public relations firm. She asked for an
oversight committee that would meet with this public relations firm and have
someone on the committee report back to the Council after every meeting. She
recommended having a Council member, staff person, or possibly even a resident
on the committee that would report back to the Council.
/6
CITY COUNCIL AGENDA
March 6,2001
Page 17
Tyra-Lukens said she was comfortable with that as long as the committee would
not direct the activity but just be a communication vehicle to let the resident
community know what the public relations firm is doing. She didn't want to
abrogate the authority of the Council to direct the public relation firm.
Mayor Harris said having widespread dissemination of information could be part
of the plan the public relations firm puts together.
Case asked if they would be amenable to having that concept discussed later in
the process. He would hope the public relations firm would have someone on
staff who be lobbyist, who could get reliever airport groups together and
disseminate information to the public. At some point if the Council feels it is
missing information and it appears an oversight committee is needed, the Council
could take that step, if necessary. The Council needs to see where this step leads
before going to the next step.
Butcher said she understood Case to mean he wants to look into names of public
relations firms. Before that, she would like Council to give specific directions to
staff so the function of the firm would be clear. Review the names of public
relations firms first.
Enger inquired if the motion that was passed doesn't fully take into account
everything Council was now discussing. The motion asked for Peter Kirsch to
come back with a recommendation for a strategic plan and how to handle every
aspect of the opposition to the airport. Now the Council was talking about a
public relations firm to put together a plan. It seemed to him that the approved
motion was comprehensive because it sets the plan in motion, and designates one
of the experts in the country who is adept at dealing with all aspects of opposition
to airport expansion to come back with a strategic plan.
Rosow said he would be talking to Peter Kirsch the following day and could ask
about this particular aspect, if Council is willing to wait two weeks to receive his
input on this item and to find out if a public relations firm would help or hinder
him. He didn't know about the time frame of a strategy memorandum. The City
has hired this type of public relations firm before and he believed that would be
consistent with Kirsch's goals because Council wants to start communicating and
there is a legislative session going on now. Rosow said he would get Kirsch's
input.
Butcher said to her mind it is preferable to speak to Peter Kirsch about having a
public relations firm because that law firm has that expertise. He may have a
much better approach.
Rosow said by the time he came back to report to the Council about that
conversation, staff could come back with names of public relations firms.
Case said perhaps Kirsch's recommendation would be to hire a public relations
firm, but the Council is not hiring a public relations firm in the motion he made,
CITY COUNCIL AGENDA
March 6,2001
Page 18
just talking about it. Council needs to know Peter Kirsch's time table. He asked
Rosow to find that out and also what he says about a public relations firm.
Mosman said a public relations firm would be local, whereas Peter Kirsch is in
Denver. She said she had two names from former State Representative Barb
Haake to give to staff.
Motion carried 5-0.
Tyra-Lukens thanked the audience for their phone calls, and apologize if she
didn't get back to them. Their input was welcomed. Mayor Harris thanked
people for their e-mails.
MOTION: Mosman moved, seconded by Tyra-Lukens, that the Flying Cloud
Airport Advisory Commission continue to work on any possible solutions that
would protect the community with regard to the City's concerns on numbers and
sizes of planes, noise levels and flight times, and to ask that the FAA be involved
this time so that decisions could hold. Motion carried 5-0.
B. CITY MANAGER EVALUATION(CLOSED SESSION)
XV. ADJOURNMENT
MOTION: Tyra-Lukens moved, seconded by Case, to enter a closed session for the
purpose of the City Manager's Performance Review to determine the City Manager's
Merit Pay Award for 2001. Motion carried 5-0. Mayor Harris adjourned the meeting to
a closed session at 8:55 p.m.
lC
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Calendar March 20,2001
SERVICE AREA/DIVISION: ITEM DESCRIPTION:
Community Development Clerk's License Application List ITEM NO.:
&Financial Services/
Gretchen Laven
These licenses have been approved by the department heads responsible for the licensed activity.
Private Kennel
Deborah Winter- Cats
- 1 -
CITY COUNCIL AGENDA DATE:
March 20,2001
SECTION: Consent Calendar
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.:
Management Services, Authorize Mayor and City Manager to Enter into
Natalie Swaggert Food Services Agreement with Vikings Food 31 1—S t
Service LLC
Requested Action
Move to: Authorize Mayor and City Manager to Enter into Food Services Agreement with
Vikings Food Service LLC
Synopsis
The proposed food services agreement with Viking Food Services LLC changes the relationship
from a City-subsidized service to a revenue-generating service that provides flexibility to the
City to use other food vendors.
Background
The food services agreement replaces the City's current agreement with Viking Food Services
and reflects the following changes:
• The City no longer subsidizes the operation of the"cafeteria"
• The City gains flexibility to select other food vendors for events not held in the Garden
Room
• The City receives a monthly facility user fee of$1,500, a monthly equipment user fee of
$420 and 5 percent commission on Viking's gross catering sales
• Viking continues to operate the cafeteria and provides catering and related services to tenants
and City Center customer rentals
f
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 20,2001
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
City Manager/Chris Enger Authorize Mayor and City Manager to enter into
Right-Of-Way and Facility Use Agreement with .ACC ,
Metricom,Inc.
Requested Action
Move to: Authorize Mayor and City Manager to enter into Right-Of-Way and Facility
Use Agreement with Metricom, Inc.
Synopsis
The City staff has worked through issues with Metricom on 1) ownership of poles, 2)review of
fee, and 3) authority of City ordinance. The agreement allows Metricom to proceed with
installation with City review and location control.
Attachments
Agreement
EDEN PRAIRIE
Right-of-Way Permit and Facility Use
Agreement
HIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of
(the "Effective Date"), and entered into by and between
the CITY OF EDEN PRAIRIE, a Minnesota local government unit (the "City"),
and METRICOM,INC.,a Delaware corporation("Metricom").
Recitals
A. Metricom owns, maintains, and operates, in accordance with regulations
• promulgated by the Federal Communications Commission, a mobile digital data
communications radio network known as Ricochet®, utilizing Radios (as defined -in
§1.10 below) and related equipment certified by the Federal Communications
Commission.
B. For purpose of operating Ricochet®, Metricom wishes to locate, place,
attach, install, operate, and maintain Radios in the Public Right of Way (as defined in
§1.9 below) on facilities owned by the City, as well as on facilities owned by third
parties therein. .
•
Agreement
Now, therefore, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree to the following
covenants,terms, and conditions:
1 DEFINITIONS. The following definitions shall apply generally to the provisions of
this Use Agreement:
L1 Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross
dollar amount received by Metricom for. its Services (as defined in §1.11
below) provided to subscribers with billing addresses in the City,
excluding (i) any utility users' tax, communications tax, or similar tax or
fee;.(ii) local, state, or federal taxes that have been billed to the subscribers
and separately stated on subscribers' bills; and (iii) revenue uncollectible
from subscribers (i.e., bad debts) with billing addresses in the City that
was previously included in Adjusted Gross Revenues.
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page lof 16
2
1.2 City. "City" means the City of EDEN PRAIRIE.
1.3 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or
levy of general application to entities doing business in the City lawfully
imposed by any governmental body (but excluding any utility users' tax,
franchise fees,communications tax,or similar tax or fee).
1.4 Installation Date. "Installation Date" shall mean the date that the first
Radio is installed by Metricom pursuant to this Use Agreement.
1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances,
resolutions, regulations, judicial decisions, rules, tariffs, administrative
orders, certificates, orders, or other requirements of the City or other
governmental agency having joint or several jurisdiction over the parties
to this Use Agreement.
1.6 Metricom. "Metricom' means Metricom, Inc., a corporation duly
organized and existing under the laws of the State of Delaware, and its
lawful successors, assigns, and transferees.
1.7 MPUC. " MPUC"means the Minnesota Public Utility Commission.
1.8 Municipal Facilities. "Municipal Facilities" means City-owned (or in
which City has an ownership or property interest entitling City to
authorize Metricom to use as described in Section 3.1 herein) street light
poles, -lighting fixtures, electroliers, or other approved City-owned (or
which City has an ownership or property interest entitling City to
authorize Metricom to use as described in Section 3.1 herein) structures
located within the Public Right of Way and may refer to such facilities in
the singular or plural,as appropriate to the context in which used.
1.9 Public Right of Way. "Public Right of Way" means the space in, upon,
above, along, across, and over the public streets, roads, highways, lanes,
cartways, courts, ways, alleys, boulevards, sidewalks, bicycle lanes, and
.places, including all public utility easements and public service easements
as the same now or may hereafter exist, that are under the jurisdiction of
the City. This term shall not include county, state, or federal rights of way
or any property owned by any person or entity other than the City, except
as provided by applicable Laws or pursuant to an agreement between the
City and any such person or entity. If the City adjusts its boundaries
pursuant to Minn. Stat., Chap. 414 through annexation, incorporation,
combination, detachment, or other means, this Use Agreement shall be
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page 2of 16
3
binding on the entire area within the City's boundaries after the
adjustment.
1.10 Radio. "Radio" means the radio equipment,whether referred to singly or
collectively, to be installed and operated by Metricom hereunder, which
equipment shall contain identification of ownership. The dimensions of
each Radio shall be no more than eighteen (18) inches in length, twelve
(12) inches in width, and eight (8) inches in height, excluding mounting
brackets,fasteners,cabling and antennas.
1.11 Services. "Services" means the mobile digital communications services
provided through Ricochet® by Metricom, which services consist
principally of wireless Internet, e-mail and local area network access and
• may include transmission of sound and video images;provided,however,
that "Services" shall not be construed, interpreted or applied to authorize
either real time telecommunications services (including telephone and
voice) or video or cable television communications services except as may
be considered standard Internet content.
2 TERM. This Use Agreement shall be effective as of the Effective Date and shall
• extend for a term of nine (9) years commencing on the Installation Date, unless it is
earlier terminated by either party in accordance with the provisions herein. The term
of this Use Agreement shall be renewed automatically for three-(3) successive terms of
five (5) years each on the same terms and conditions as set forth herein, unless either
. party notifies the other of its intention not to renew not less than one hundred
eighty (180) calendar days prior to commencement of the relevant renewal term.
3 SCOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under
this Use Agreement, which shall be exercised at Metricom's sole cost and expense,shall
be subject to the prior and continuing right of the City under applicable Laws to use
any and all parts of the Public Right of Way exclusively or concurrently with any other
person or entity and shall be further subject to all deeds, easements, dedications,
conditions, covenants, restrictions, encumbrances, and claims of title of record which
may affect the Public Right of Way. Nothing in this Use Agreement shall be deemed to
grant, convey,create, or vest in Metricom a real property interest in land,including any
fee, leasehold interest, or easement. Any work performed pursuant to the 'rights
granted under this Use Agreement shall be subject to the reasonable prior review and
approval of the City.
3.1 Attachment to Municipal Facilities. The City hereby authorizes and
permits Metricom to enter upon the Public Right of Way and to locate,
place, attach, install, operate, maintain, remove, reattach, reinstall,
relocate, and replace Radios in or on Municipal Facilities for the purposes
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page 3of I6
of operating Ricochet®and providing Services. In addition, subject to the
provisions of§4.3 below,Metricom shall have the right to draw electricity
for the operation of the Radios from the power source associated with
each such attachment to Municipal Facilities.
3.2 Attachment to Third-Party Property. Subject to obtaining the permission
of the owner(s) of the affected property, the City hereby authorizes and
permits Metricom to enter upon the Public Right of Way and to attach,
install, operate, maintain, remove, reattach, reinstall, relocate, and replace
such number of Radios in or on poles or other.structures in which a public
utility company or others have an interest and the right to authorize
Metricom to use, located within the Public Right of Way as may be
permitted by the public utility company or others, as the case may be for
the purposes of operating Ricochet® and providing Services. Upon
request, Metricom shall furnish to the City documentation of such
permission from the individual utility or property owner responsible.
City agrees to cooperate with Metricom, at no cost or expense to City, in
obtaining where necessary the consents of third-party owners of property -
located in the Public Right of Way.
3.3 No Interference. Metricom in the performance and exercise of its rights
and obligations under.this Use Agreement shall not interfere in any
manner with the existence and operation of any and all public and private
rights of way, sanitary sewers,water mains, storm drains, gas mains,
poles, aerial and underground electrical and telephone wires, electroliers,
cable television, and other information or communications, utility, or
municipal property, without the express written approval of the owner or
owners of the affected property or properties, except as permitted by
applicable Laws or this Use Agreement. City agrees to use reasonable •
efforts to require the inclusion of the same or a similar prohibition on
interference as that stated above in all agreements and franchises City
may enter into after the Effective Date with other information or
communications providers and carriers.
3.3.1 Interference Resolution. Any actual or anticipated radio
interference caused by either the presence of the Radios or the presence of •
any such other communications equipment or devices in the Public Right
of Way shall be resolved by Metricom and any such other providers
without cost to City on the basis of the applicable rules, regulations,
practices,and procedures of the FCC. City agrees to assist Metricom in the
resolution of any such interference dispute at Metricom's sole expense.
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page 4of 16
S
3.4 Compliance with Laws. Metricom shall comply with all applicable Laws
(including city codes and ordinances, except any which may be adopted
after the date of this Use Agreement, the effect of which would be to
impair Metricom's rights under this Use Agreement) in the exercise and
performance of its rights and obligations under this Use Agreement. The
Right-of-Way Management Reimbursement provided for in § 4.1 below
shall be in lieu of all other City fees, with the exception of any City
permits required for the initial installation of the Radios. City shall within
a reasonable time respond to Metricom's filings and shall otherwise
cooperate with Metricom in facilitating the deployment of Ricochet® in
the Public Right of Way in a reasonable and timely manner.
3.5 Location and Installation of Radios. The proposed locations of
Metricom's planned initial installation of Radios shall be determined
subject to the reasonable prior review and approval or disapproval of the
City, which approval shall be in City's sole discretion, within a reasonable
time after Metricom's review of available street light maps and prior to
deployment of the Radios. Upon the completion of installation, Metricom
within a reasonable time shall furnish to the City a pole list showing the
exact location of the Radios in the Public Right of Way.
4 COMPENSATION; UTILITY CHARGES. Metricom shall be solely responsible for the
payment of all lawful Fees in connection with Metricom's performance under this Use
Agreement, in accordance with the terms set torth below. -
4.1 Right-of-Way Management Reimbursement. In order to reimburse City
for any right-of-way management costs it may incur during the term of
this Use Agreement following the initial deployment of the Radios in
connection with Metricom's entry upon and deployment within the Public
• Right of Way, Metricom shall pay to the City, on an annual basis, an
amount equal to one percent (1%) of Adjusted Gross Revenues (the "Right-
of-Way Management Reimbursement"), which amount may be collected
from subscribers of the Services with billing addresses in the City and
remitted to City as provided herein. The parties agree that such
Right-of-Way Management Reimbursement represents a fair estimate of the
costs of continuing management of the Public Right of Way utilized by
Metricom and that such Right-of-Way Management Reimbursement is not a
franchise fee or payment for use of the Public Right of Way. The
Right-of-Way Management Reimbursement shall be payable for the period
commencing upon the date that Services are offered to commercially paying
subscribers within the City using Radios installed pursuant to this Use
• Agreement and ending on the date of termination of this Use Agreement,
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page 5of 16
and shall be due on or before the 45th day after the end of each calendar year
or fraction thereof. Within forty-five (45) days after the termination of this
Use Agreement,compensation shall be paid for the period elapsing since the
end of the last calendar year for which compensation has been paid.
Metricom shall furnish to the City with each payment of compensation
required by this section a statement, executed by an authorized officer of
Metricom or his or her designee, showing the amount of Adjusted Gross .
Revenues for the period covered by the payment. If Metricom discovers any
error in the correct amount of compensation due, the City shall be paid
within thirty (30) days of discovery of the error or determination of the
correct amount. Any overpayment to the City through error or otherwise
shall be refunded or offset against the next payment due. Acceptance by the
City of any payment due under this section shall not be deemed to be a
waiver by the City of any breach of this Use Agreement occurring prior
thereto, nor shall the acceptance by the City of any such payments preclude
the City from later establishing that a larger amount was actually due or
from collecting any balance due to the City. City may, at any time, at •
City's sole option, upon ninety (90) days written notice, require Metricom
to discontinue the Right-of-Way Management Reimbursement
compensation. Upon receiving such notice Metricom shall, no later than
ninety (90) days after receiving such notice, cease making all
compensation payments that would have been payable after such ninety
(90) day notice period. If City retluires such a discontinuation of Right-of-
Way Management Reimbursement compensation, the City may then
charge, on an annual basis, its actual Right-of-Way Management costs
(pursuant to Minnesota Statutes Sec. 237.162, Subd. 9 and Sec. 237.163,
Subd. 2 (b)), that are incurred after the expiration of the ninety (90) day
period described above. Metricom shall only be liable for such actual
annual Right-of-Way management costs to the extent such costs exceed
the annual retail value of the service subscriptions for which the City is
eligible under Section 4.5 of this Agreement.
4.1.1 Reduction of Right-of-Way Management Reimbursement by
Amount of Utility Users or Communications Tax.
Notwithstanding anything to the contrary in this Use Agreement, if
the Services are subject to a utility users tax, communications tax,
or other similar tax or fee which accrues to the City by operation of
the City's Municipal Code or other applicable law, then the amount
of the Right-of-Way Management Reimbursement shall be reduced
by the amount of the applicable utility users tax, communications
tax, or such other similar tax or fee.
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Lu.
Page 6of 16
4.1.2 Accounting Matters. Metricom shall keep accurate books of
account at its principal office in Los Gatos or such other location of
its choosing for the purpose of determining the amounts due to the
City under §4.1 above. The City may inspect Metricom's books of
account relative to the City at any time during regular business
hours on thirty (30) days' prior written notice and may audit the
books from time to time at the City's sole expense, but in each case
only to the extent necessary to confirm the accuracy of payments
due under §4.1 above. Alternatively, Metricom will make
available for inspection by the City at Metricom's office located
closest to the City, upon thirty (30) days prior written notice, the
relevant portions of its books and records as reasonably necessary
to confirm the accuracy of any payments due the City under this
Use Agreement. The City agrees to hold in confidence any
non-public information it learns from Metricom to the fullest extent
permitted by Law.
4.2 Annual Fee. As compensation for the use of Municipal Facilities,
Metricom shall pay to the City an annual fee (the "Annual Fee") in the
amount of Sixty Dollars ($60.00) for the use of each Municipal Facility, if
any, upon which a Radio has been installed pursuant to this Use
Agreement. For light poles or other facilities to be used by Metricom
within the Public Right of Way ii which a utility or others have an interest
and the right to authorize Metricom to use, such annual fee shall be paid
to the appropriate utility and not to the City. The aggregate Annual Fee
with respect to each year of the term shall be an amount equal to the
number of Radios installed on Municipal Facilities during the preceding
twelve (12) months multiplied by the Annual Fee, prorated as
appropriate, and shall be due and payable not later than forty-five (45)
days after each anniversary of the Installation Date. City represents and
covenants that City owns or has the right to authorize Metricom to use all
Municipal Facilities for the use of which it is collecting from Metricom the
Annual Fee pursuant to this §4.2.
4.2.1 CPI Adjustment. Effective commencing on the fifth (5th)
anniversary of the Installation Date and continuing on each fifth
(5th) anniversary thereafter during the term, the Annual Fee with
respect to the ensuing five-year period shall be increased by a
percentage amount equal to the percentage increase, if any, in the
U.S. Department of Labor, Bureau of Labor Statistics Consumer
Price Index (All Items, All Consumers, 1982-1984=100) which
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page 7of I6
occurred during the previous five-year period for the Midwest
Urban Region Consolidated Metropolitan Statistical Area.
4.3 Electricity Charges. Metricom shall be solely responsible for the payment
of all electrical utility charges to the applicable utility company based
upon the Radios' usage of electricity and applicable tariffs.
4.4 Reimbursement of City's Project Review Expenses. Metricom shall
reimburse the City at City's standard rates for reasonable attorney's fees
and other project review expenses relating to the preparation and review
of this Use Agreement, promptly upon receipt of itemized bills, paid
invoices, and other such documentation as Metricom shall reasonably
require, and in a total amount not to exceed •One Thousand Dollars
($1,000). The reimbursement provided for in this §4.4 shall not replace or •
excuse Metricom from the payment of any applicable permit fee for work
undertaken pursuant to the initial installation of the Radios.
4.5 Municipal Subscriber Program. City shall have the right throughout the
term of this Use Agreement to receive up to the maximum number
specified below (based upon the City's population) of free Ricochet®basic
service subscriptions. The number of free subscriptions which the City
may receive shall be determined in accordance with the City's official
population, as shown on the latest available census data, as follows: (a)for
municipalities with a population of less than 100,000, up to a maximum of
ten(10) free subscriptions; (b) for municipalities with a population of
between 100,000 and 249,000, up to a maximum of fifteen(15) free
subscriptions; (c) for municipalities with a population of between 250,000
and 500,000, up to a maximum of twenty (20) free subscriptions; and
(d) for municipalities of over 500,000,up to a maximum of twenty-five (25) •
free subscriptions. City shall designate one person who shall be
responsible for ordering and receiving any subscriptions. To take
advantage of this program, the designated individual should contact
Metricom s Network Real Estate Department at the address stated in § 8
below City's right to use the subscriptions shall commence at the time
that Ricochet® service is commercially available in the City and shall
extend until the expiration of the term of this Use Agreement or through
- the length of time that Radios are deployed in the Municipal Right of
Way, whichever is longer. City's use of the subscriptions shall be subject
to the standard Ricochet® terms and conditions of use. City understands
and agrees that modems and equipment required to utilize the
subscriptions and any additional service subscriptions or service options
the City may desire may be obtained from an authorized retailer at market
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page 8of 16
rates current from time to time. City shall use all subscriptions provided
pursuant to this section solely for its own use and shall not be entitled to
resell, distribute, or otherwise permit the use of same by any other person,
excepting a local public entity that provides public service within the
corporate boundaries of the City (e.g., municipal schools, public safety, or
fire departments, etc.). The level of benefits and service provided to City
by Metricom as "basic service" shall not be diminished or reduced during •
the term of this Use Agreement or renewal thereof or prior to its
cancellation or termination,as the case may be.
4.6 Most-Favored Municipality Clause. Should Metricom after the parties'
execution and delivery of this Use Agreement enter into a right-of-way
permit and facility use agreement with another municipality of the same
•
size or smaller than the City as compared with cities in the Minnesota
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and
Washington, which agreement contains either (a) a higher Right-of Way
Management Reimbursement as described in §4.1 above or (b) a higher
Annual Fee as described in §4.2 above or (c) a higher amount of
Reimbursement of City's Project Review Expenses as described in §4.4
above, City shall have the right to require that Metricom modify this Use
Agreement to incorporate the same or substantially similar superior
benefits and such other terms.
5 RELOCATION AND DISPLACEMENT OF RADIOS. Metricom understands and
acknowledges that City may require Metricom to relocate one or more of its Radios,
and Metricom shall at City's direction relocate such Radios at Metricom's sole cost and
expense, whenever City reasonably determines that the relocation is needed for any of
the following purposes: (a) if required for the construction, completion, repair,
relocation, or maintenance of a City project; (b)because the Radio is interfering with or
adversely affecting proper operation of City-owned light poles, traffic signals, or other
Municipal Facilities; or (c) to protect or preserve the public health or safety. In any
such case, City shall use reasonable efforts to afford Metricom a reasonably equivalent
alternate location with no duty to incur any expenses or cost to City. If Metricom shall
fail to relocate any Radios as requested by the City within a reasonable time under the
circumstances in accordance with the foregoing provision, City shall be entitled to
relocate the Radios at Metricom's sole cost and expense, without further notice to
Metricom. To the extent the City has actual knowledge thereof, the City will attempt
promptly to inform Metricom of the displacement or removal of any pole on which any
Radio is located.
5.1 Relocations at Metricom's Request. In the event Metricom desires to
relocate any Radios from one Municipal Facility to another, Metricom
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page 9of I6
/0
shall so advise City. City will use reasonable efforts to accommodate
Metricom by making another reasonably equivalent Municipal Facility
available for use in accordance with and subject to the terms and
conditions of this Use Agreement.
5.2 Damage to Public Right of Way. Whenever the removal or relocation of
Radios is required or permitted under this Use Agreement, and such
removal or relocation shall cause the Public Right of Way to be damaged,
Metricom, at its sole cost and expense, shall promptly repair and return
the Public Right of Way in which the Radios are located to a safe and
satisfactory condition in accordance with applicable Laws, normal wear
and tear excepted. If Metricom does not repair the site as just described,
then the City shall have the option, upon fifteen (15) days' prior written
notice to Metricom, to perform or cause to be performed such reasonable
and necessary work on behalf of Metricom and to charge Metricom for the
•
proposed costs to be incurred or the actual costs incurred by the City at
City's standard rates. Upon the receipt of a demand for payment by the
City,Metricom shall promptly reimburse the City for such costs.
5.3 Discontinuation of Service. Upon the expiration or earlier termination of
the term of this Use Agreement(as the same may be extended by the agreement
of the parties), Metricom shall remove its Radios from the Municipal Right of
Way within six (6) months from the date of such expiration or earlier
termination. If any Radio subject to this Use Agreement is abandoned and no
longer placed in service for a period-of six (6) months or more, Metricom
promptly shall notify the City, and the City, at its option, may require Metricom
promptly to remove the abandoned Radio(s) at Metricom's sole.cost and expense
or dedicate the same to the City. The City shall not issue notice to Metricom that
the City intends to exercise the option to require removal or dedication of Radios,
unless and until the City first gives fifteen (15) days'• prior written notice to
Metricom to remove the Radios. If Metricom shall fail to remove the Radios as
required by the City, the City shall be entitled to remove the Radios at
Metricom's sole cost and expense. Metricom shall execute such documents of
title as will convey all right, title, and interest in the abandoned Radios,but in no
other Metricom property, intellectual or otherwise,to the City.
6 INDEMNIFICATION AND WAIVER. Metricom agrees to indemnify, defend,protect, and
hold harmless the City, its council members, officers, and employees from and against
any and all claims, demands, losses, damages, liabilities, fines, charges, penalties,
administrative and judicial proceedings and orders, judgements, and all costs and
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page IOof I6
dt
expenses incurred in connection therewith, including reasonable attorney's fees and
costs of defense (collectively, the "Losses") directly or proximately resulting from
Metricom's activities undertaken pursuant to this Use Agreement, except to the extent
arising from or caused by the negligence or willful misconduct of the City, its council
members, officers, employees, agents, or contractors. The foregoing notwithstanding,
Metricom shall defend and indemnify the City, and its officers and employees, even in
the case of negligence, unless the allegations allege (a) independent negligence on the
part of the City,its officers and employees or(b) a wrongful act or omission on the part
of the City or its officers or employees. Metricom shall also defend and indemnify the
City, its officers and employees, even in the case of negligence, if the allegations are
based on the City's or its officers or employees' negligence or otherwise wrongful act
or omission in issuing a permit to Metricom or approving this Use Agreement, or in
failing to properly or adequately inspect or enforce compliance with the terms,
conditions or purpose of any permit issued to Metricom.
6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes
of action, and rights it may assert against the City on account of any loss,.
damage, or injury to any Radio or any loss or degradation of the Services
as a result of any event or occurrence which is beyond the reasonable
control of the City or on account of City's exercise- of its regulatory or
police powers.
6.2 Limitation of City's Liability. The City shall be liable only for the cost of
repair to damaged Radios arising from the negligence or willful
misconduct of City,its employees,agents, or contractors.
•
7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this
Use Agreement Commercial General Liability insurance and Commercial Automobile
Liability insurance protecting Metricom in an amount not less than One Million Dollars
($1,000,000) per occurrence (combined single limit), including bodily injury and
property damage, and in an amount not less than One Million Dollars ($1,000,000)
annual aggregate for each personal injury liability and products-completed operations.
The Commercial General Liability insurance policy shall name the City, its council •
members, officers, and employees as additional insureds as respects any covered
liability arising out of Metricom's performance of work under this Use Agreement.
Coverage shall be in an occurrence form and in accordance with the limits and
provisions specified herein. Claims-made policies are not acceptable. Such insurance
shall not be canceled, nor shall the occurrence or aggregate limits set forth above be
reduced, until the City has received at least thirty (30) days' advance written notice of
such cancellation or change. Metricom shall be responsible for notifying the City of
such change or cancellation. Prior to any five(5)-year renewal term, pursuant to
Section 2 of this Use Agreement, the parties may in good faith bargain to increase the
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page Ilof 16
/ )"
above minimum insurance amounts, if such an increase is warranted by industry
standards. Such increase, if any, shall not be effective until the commencement of such
renewal term. Prior to any five (5)-year renewal term,pursuant to Section 2 of this Use
Agreement, the City may request and the parties shall bargain in good faith to increase
the above minimum insurance amounts, if such an increase is warranted by industry
standards or specific identified risk. Such increase, if any, shall not be effective until
the commencement of such renewal term.
7.1 Filing of Certificates and Endorsements. Prior to the commencement of
any work pursuant to this Use Agreement, Metricom shall file with the
City the required original certificate(s) of insurance with endorsements,
which shall state the following:
(a) the policy number; name of insurance company; name and
address of the agent or authorized representative; name and
address of insured; project name; policy expiration date; and
specific coverage amounts;
(b) that the City shall receive thirty (30) days' prior notice of
cancellation;
(c) that Metricom's Commercial General Liability insurance policy
is primary as respects any other valid or collectible insurance that
the City may possess, including any self-insured retentions the City
may have; and any other insurance the City does possess shall be
considered excess insurance only and shall not be required to
contribute with this insurance;and
(d) that Metricom's Commercial General Liability insurance policy
waives any right of recovery the insurance company may have
against the City.
The certificates) of insurance with endorsements and notices shall be mailed to
the City at the address specified in§ 8 below.
7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain
at all times' during the term of this Use Agreement statutory workers'
compensation and employer's liability insurance in an amount not less
than One Million Dollars ($1,000,000) and shall furnish the City with a
certificate showing proof of such coverage.
7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted
and authorized to do business in the State of Minnesota and shall carry a
minimum rating assigned by A.M. Best & Company's Key Rating Guide of
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page I2af I6
"A" Overall and a Financial Size Category of "X" (i.e., a size of
$500,000,000 to $750,000,000 based on capital, surplus, and conditional
reserves). Insurance policies and certificates issued by non-admitted
insurance companies are not acceptable. .
7.4 Severability of Interest. Any deductibles or self-insured retentions must
be stated on the certificate(s) of insurance, which shall be sent to and
approved by the City. "Severability of interest" or "separation of
insureds" clauses shall be made a part of the Commercial General
Liability and Commercial Automobile Liability policies.
8 NOTICES. All notices which shall or may be given pursuant to this Use Agreement
shall be in writing and delivered personally or transmitted (a) through the United
States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid
overnight delivery service; or (c)by facsimile or email transmission, if a hard copy of
the same is followed by delivery through the U. S. mail or by overnight delivery
service as just described, addressed as follows:
if to the City:
CITY OF EDEN PRAIRIE
Attn: City Manager-Chris Enger
. 8080 Mitchell Road
Eden Prairie, MN 55344-2230
if to Metricom:
METRICOM,INC.
Attn: Network Real Estate
333 West Julian
San Jose,CA 95110
8.1 Date of Notices; Changing Notice Address. Notices shall be deemed
given upon receipt in the case of personal delivery, three (3) days after
deposit in the mail, or the next business day in the case of facsimile, email,
or overnight delivery. Either party may from time to time designate any
other address for this purpose by written notice to the other party
delivered in the manner set forth above.
9 TERMINATION. This Use Agreement may be terminated by either party upon forty
five (45) days' prior written notice to the other party upon a default of any material
covenant or term hereof by the other party,which default is not cured within forty-five
(45) days of receipt of written notice of default (or, if such default is not curable within
forty-five (45) days, if the defaulting party fails to commence such cure within
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page 13of 16
q
forty-five (45) days or fails thereafter diligently to prosecute such cure to completion),
provided that the grace period for any monetary default shall be ten (10) days from
receipt of notice. Except as expressly provided herein, the rights granted under this
Use Agreement are irrevocable during the term.
10 ASSIGNMENT. This Use Agreement shall not be assigned by Metricom without the
express written consent of the City,which consent shall not be unreasonably withheld,
conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and
obligations of Metricom hereunder to a parent,subsidiary, or financially viable affiliate
of Metricom or to any successor-in-interest or entity acquiring all or substantially all of
Metricom's outstanding voting stock or assets shall not be deemed an assignment for
the purposes of this Use Agreement.
11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to
the obligations of the parties under this Use Agreement.
11.1 Nonexclusive Use. Metricom understands that this Use Agreement does
not provide Metricom with exclusive use of the Public Right of Way or
any Municipal Facility and that City shall have the right to permit other
providers of communications services to install equipment or devices in
the Public Right of Way and on Municipal Facilities. City agrees promptly
to notify Metricom of the receipt of a proposal for the installation of
communications equipment or devices in the Public Right of Way. or on
Municipal Facilities. In additioi, City agrees to advise other providers of
communications services of the presence or planned deployment of the
Radios in the Public Right of Way and/or on Municipal Facilities.
11.2 Waiver of Breach. The waiver by either party of any breach or violation
of any provision of this Use Agreement shall not be deemed to be a waiver
or a continuing waiver of any subsequent breach or violation of the same
or any other provision of this Use Agreement.
11.3 Severability of Provisions. If any one or more of the provisions of this
Use Agreement shall be held by court of competent jurisdiction in a final
judicial action to be void, voidable, or unenforceable, such provision(s)
shall be deemed severable from the remaining provisions of this Use
Agreement and shall not affect the legality, validity, or constitutionality of
the remaining portions of this Use Agreement. Notwithstanding the
foregoing, the parties agree that if a court or administrative agency of
competent jurisdiction should declare a provision(s) of Section 4 of this
Use Agreement invalid, then the parties shall each be obligated to
negotiate in good faith to amend Section 4 of this Use Agreement and if,
after one hundred and eighty (180) days from the commencement of
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page 14of 16
negotiations or such extension thereof that may be agreed by the parties,
the parties are unable to reach agreement on amendments hereto, then
this Use Agreement may be terminated by either party.
11.4 Contacting Metricom. Metricom shall be available to the staff employees
of any City department having jurisdiction over Metricom s activities
twenty-four (24) hours a day, seven (7) days a week, regarding problems
or complaints resulting from the attachment, installation, operation,
maintenance, or removal of the Radios. The City may contact by
telephone the network control center operator at telephone number
(800) 873-3468 regarding such problems or complaints.
11.5 Governing Law;Jurisdiction. This Use Agreement shall be governed and
construed by and in accordance with the laws of the State of Minnesota,
without reference to its conflicts of law principles. If suit is brought by a
party to this Use Agreement, the parties agree that trial of such action
shall be vested exclusively in the state courts of Minnesota, County of
Hennepin, or in the United States District Court for the District of
Minnesota.
11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement
lead to litigation,the prevailing party shall be entitled to recover its costs
of suit up to an amount of Five Thousand Dollars ($5,000.00), including
(without limitation) reasonable attorneys'fees.
11.7 Consent Criteria. In any case where the approval or consent of one party
hereto is required, requested or otherwise to be given under this Use
Agreement, such party shall not unreasonably delay, condition, or
withhold its approval or consent.
11.8 Representations and Warranties. Each of the parties to this Agreement
represents and warrants that it has the full right, power, legal capacity,
and authority to enter into and perform the parties' respective obligations
hereunder and that such obligations shall be binding upon such party
without the requirement of the approval or consent of any other person or •
entity in connection herewith, except as provided in§3.2 above.
11.9 Amendment of Use Agreement. This Use Agreement may not be
amended except pursuant to a written instrument signed by both parties.
11.10 Entire Agreement. This Use Agreement contains the entire
understanding between the parties with respect to the subject matter
herein. There are no representations, agreements, or understandings
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page 15of 16
(whether oral or written) between or among the parties relating to the
subject matter of this Use Agreement which are not fully expressed herein.
In witness whereof , and in order to bind themselves legally to the
terms and conditions of this Use Agreement, the duly authorized representatives of the
parties have executed this Use Agreement as of the Effective Date.
City: CITY OF EDEN PRAIRIE,a Minnesota municipal corporation
•
By:
Chris Enger
(name typed]
Its: City Manager
•
Date:
By:
lean Harris
[name typed] •
Its: Mayor
Date:
Metricom: METRICOM,INC.,a De'aware corporation
By:
[I,ame typed]
Its:
Date:
•
•
•
Right-of-Way Permit and Facility Use Agreement
City of Eden Prairie::Metricom,Inc.
Page 16of16
•
/ 7
i
CITY COUNCIL AGENDA DATE:
March 20,2001
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 01-5532 ITEM NO.:
PublicWorks Engineering Award Contract for 2001 Street Sweeping to
Services—Mary Krause/ Pearson Brothers,Inc. and Authorize City1:1 1
Eugene A. Dietz Manager and Mayor to Execute the Contract
Requested Action
Move to: Award Contract for 2001 Street Sweeping to Pearson Brothers Inc. and
authorize the City Manager and Mayor to execute the Contract.
Synopsis
Sealed bids were received Thursday, March 8, 2001, for the 2001 Street Sweeping. Two bids
were received as follows:
Allied Blacktop,Inc. $33,970.00
Pearson Brothers, Inc. $34,450.00
The low bidder(Allied Blacktop, Inc.) qualified their bid with a start date of 2-4 weeks later than
the start date required in the project specifications. The bid submitted by Allied is therefore not
responsive to the project specifications and the recommendation for award is to the next low bid
submitted,Pearson Brothers,Inc.
Background Information
The schedule for street sweeping in the project specifications indicates a start date of April 9,
2001. This early cleaning of the streets prevents sand and debris that has accumulated from the
winter snow removal operations from entering into the City's wetlands, creeks and lakes.
Sweeping of the streets takes approximately 8-10 working days. Scheduled maintenance
activities including street striping, crackfilling, sealcoating and overlays follow the sweeping
project. The delay of 2-4 weeks of the sweeping project as indicated on the proposal submitted
by Allied Blacktop, Inc. would have a substantially negative impact on water quality and the
other maintenance activity schedules. The price differential between Allied Blacktop (low
bidder) and Pearson Brothers (second low)is $480.00 or about 1-1/2% of the total project costs.
Staff recommends award to Pearson Brothers,Inc.
CITY COUNCIL AGENDA DATE:
March 20,2001
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 01-5529 ITEM NO.:
Public Works Services Award Contract to Champion Coatings,Inc., for
Eugene A. Dietz Repainting of Wash Water Storage Tank at the
Water Treatment Plant and Authorize Mayor and J
City Manager to execute the Contract
Requested Action
Move to: Award Contract to Champion Coatings, Inc., for Repainting of Wash Water
Storage Tank at the Water Treatment Plant and Authorize Mayor and City
Manager to execute the Contract
Synopsis
This bid will refurbish the interior of the wash water storage tank at the Water Plant. The tank
was enclosed with a brick structure during the last expansion and is located along Mitchell Road
at the southwest corner of the Water Treatment Plant. All work will be contained within the
structure.
Background Information
This maintenance item includes sand blasting and repainting the interior of the tank as well as
providing a new access to the tank and OSHA safety provisions that have been put into place
since the tank was originally constructed approximately 25 years ago.
The low bid from Champion Coatings, Inc. of$44,340.00 is will within the engineer's estimate
of$76,000.00. This work is in the O&M budget for the Water Treatment Plant operation. Staff
recommends award of the contract to Champion Coatings,Inc.
Attachments
Letter from TKDA
I
TKDA TOLTZ,KING,DUVALL,ANDERSON
AND ASSOCIATES,INCORPORATED
ENGINEERS•ARCHITECTS•PLANNERS 1500 PIPER JAFFRAY PLAZA
444 CEDAR STREET
SAINT PAUL,MINNESOTA 55101-2140
• PHONE:651/292-4400 FAX:651/292-0083
March 9, 2001
•
Mr.Eugene A.Dietz •
Director of Public Works s of ign
• City of Eden Prairie •
Excellence j
8080 Mitchell Road __.
Eden Prairie,Minnesota 55344-2230
RE: Tabulation of Bids
Repainting of the Wash Water Storage Tank
Improvement Contract No. 01-5529 -
TKDA Commission No. 12230,01•.
Dear Mr.Dietz: •
Enclosed for your information is the Tabulation of Bids received for the Repainting of the Wash Water
Storage Tank. Seven firms submitted bids on March 8,2001. The bidders, along with their bids, are listed
below.
Bidder .. Base Bid Base Bid with lA Deduct
Champion Coatings,Inc: •.-$44,340.00 No Bid
PL,Services,Inc. $47,610.00 $47,610.00
Kangas Tank,Inc. $56,680.00 $56,480.00
Maguire Iron,Inc. $66,200.00 $66,200.00
TMI Coatings,Inc. . $68,200.00 $68,200.00
LeadCon,Inc. $73,200.00 $73,200.00
H&H Contracting,Inc. $77,046.00 $77,046.00
The City has the right to award the contract to the lowest responsible bidder.
TKDA staff has checked references and bids submitted by the low bidder and find the low bidder
responsible and that their submitted bid proposal meets the requirements of the project specifications.
It is our recommendation that the City award a contract to the low responsible bidder, Champion Coatings,
Inc.,for their Base Bid in the amount of$44,340.00.
The engineer's estimate is$76,000.00.
race ly,
• • ,J2e)74/6,
David Moore,P.E. -
•
Enclosure:. r
cc: Mr.Ed Sorenson,Eden Prairie - ._ : •
• • Mr.Verne Jacobsen,TKDA • _— -
An Equal Opportunity Employer
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 20, 2001
SERVICE AREA/DIVISION: ITEM DESCRIPTION:
Public Works Services Authorize Mayor and City Manager to ITEM NO.:
Leslie Stovring Approve Amendment to Professional
Services Agreement for the Local Water ,F•
Through Eugene Dietz Management Plan
Requested Action
Move to: Authorize Mayor and City Manager to approve Amendment to Professional Services
Agreement for the Local Water Management Plan
Synopsis
This amendment will pay for a Stormwater Pond Inventory as part of the data collection process for
our Local Water Management Plan (LWMP) at an estimated cost of $25,000 - $30,000. The
Inventory will be conducted this Spring,prior to starting the Task Force meetings for the LWMP.
There are approximately 280 stormwater ponds within the City that need to be evaluated regarding
condition and need for improvements.
Background Information
Montgomery Watson has started collecting data for our LWMP. However, it has been determined
that more information is required for a full understanding of our stormwater system. No regular
inspections of our stormwater ponds have been conducted to determine issues such as:
• Inlet and Outlet conditions, including size,type and presence/condition of trash guards
• General condition, availability and location of access points
• Overall condition of each wetland and/or pond receiving stormwater.
This information is required to meet the purposes established for our LWMP. These include
consolidating information on our overall surface water management objectives, including:
• Integrating stormwater planning with our surface water system,
• Identifying runoff, erosion and sedimentation management issues,
• Setting maintenance schedules, and
• Determining a capital improvement program,which will be greatly influenced by the cost
to dredge and upgrade existing stormwater ponds.
The estimated cost for this scope of work for 240 to 286 ponds is$25,200 to $30,000,depending on
the final number of ponds inspected(at$105 per pond). The contract will be paid from the storm
water utility fund.
Attachments
• Proposal for Stormwater Pond Inventory
MEMORAN DUM
C )) MONTGOMERY WATSON
To: Leslie Stovring Date: March 1, 2001
Eden Prairie Environmental Coordinator
Public Works Services Area
From: Derek Knapp, P.E504 Reference:
Subject: Proposal for Stormwater Pond Inventory
City of Eden Prairie (Revised)
The purpose of this memorandum is to provide the proposal you requested for the Stormwater Pond
Inventory. This proposal references the attached Request for Quote dated November 16, 2000 and the
attached City of Eden Prairie General Conditions dated February 2001.
PROPOSAL & DELIVERABLES
•
We counted approximately 240 ponds and/or wetlands that receive direct stormwater discharge from
storm sewers: Approximately 80 of these basins have been examined by your intern staff during the
summer of 2000, including basin summaries and photographs. As a result, we realize not all of the 240
basins will require a detailed inventory.
Our proposal will include reexamining all ponds, regardless of previous inspection. We feel this is
necessary in order to provide you with consistent feedback, maintenance recommendations, and cost
estimates. All inspections will be completed after snowmelt, during the spring/early summer of 2001,
completed no later than June 30, 2001. Approximately 40 ponds completed during the summer of 2000
are not included in this inventory total of 240 basins due to their exclusion from the most current base
map. A separate line item is included for addition of these ponding areas.
The results will be tabulated in an Excel spreadsheet in a format similar to the attached matrix. A formal
report with photographs will not be completed.
COST
The cost will total a not-to-exceed amount of $105 per inspected basin. This unit cost assumes a
minimum of 200 basins that will be inspected over the project span. We anticipate inspecting
approximately 240 ponds at $105/pond for an estimated total cost of$25,200. An additional 40 ponds
from 2000 may be added at$105/pond at your discretion.
Please call me with any questions at(763) 595-5261.
Attachments: Sample Inventory Matrix
Eden Prairie RFP dated November 16,2000
Eden Prairie General Conditions
APPROVAL
Total Estimated Cost for 240 basin inspections @ $105 per basin=$25,200.
There is an add/deduct amount included in this quote of$105 per pond.
Add$105 for each additional pond identified in 2000 but not included in the 240 basin total.
Sincerely,
W42r
Derek S. Knapp,P.E.
Approved Date
Approved Date
3
R:
-_G1: '-
E:T --
.
O
D Q
a) o
-)-
C
o
N O
L co
w c
cH N
� I__m _oU vJ. o 0
C o
3a .o rno -
Tin.rAp:-sgiPT,ii; (08
N"1•08:
- 4
d 2,..)
N w. . f6
Z y 1a F yf6
(6
• ct C� : Z
W -d1:1
O.
� `F'z fio
Q— a o =a3 z y,_•
:a+
i
Fe "
n W ;a -`a.
W m oF.) --, Z
cw dry.
W tl
QE0
v
o
o �tO o
m o 1- i:'
.
a�
� "' Cis
N N
N
CO
as
O C C •
.o
C
�+ V) :N o E E
Gf a o O
lL - (� W
0.
C
o
o
o
c
0
EL
11.
o QcD
o w
_ ._ � X
/
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 of the 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 Not Applicable
coordinate work or Project Information as requested by
Consultant. SECTION 4: FEE PAYMENT/CLAIMS
1.4 Consultant will not be liable for any decision,conclusion, 4.1 Consultant will submit invoices to City monthly;and a fmal
recommendations, judgement or advice based on any invoice upon completion of work. Invoices will show charges
inaccurate information furnished by City, or other based on the current Consultant Fee Schedule or other documents
subcontractors or consultants engaged by City. as attached.
SECTION 2: SITE LOCATION,ACCESS,PERMITS, 4.2 To receive any payment on this Contract,the invoice or bill
APPROVALS AND UTILITIES must include the following signed and dated statement: "I declare
under penalty of perjury that this account, claim, or demand is
2.1 City will indicate to Consultant the property lines of the just and correct and that no part of it has been paid."
site and assume responsibility for accuracy of markers.
4.3 The balance stated on the invoice shall be deemed correct
2.2 City will provide for right-of-way for Consultant personnel unless City notifies Consultant,in writing,of the particular item
and equipment'necessary to perform the work. that is alleged to be incorrect within ten (10) days from the
invoice date. Consultant will review the alleged incorrect item
2.3 City will be solely responsible for applying for and within ten(10)days and either submits a corrected invoice or a
obtaining permits and approvals necessary for Consultant to statement indicating the original amount is correct.
perform the work. Consultant will assist City in applying for
and obtaining such permits and approvals as needed. It is 4.4 Payment is due upon receipt of invoice(or corrected invoice)
understood that City authorizes Consultant to act as agent for and is past due sixty(60) days from invoice date. On past due
City for City's responsibilities under this section including accounts,City will pay a finance charge of 1.5%per month on the
signing certain forms on City's behalf such as Right-of-Way unpaid balance, or the maximum allowed by law,whichever is
forms. less,until invoice is fully paid.
2.4 While Consultant will take reasonable precautions to 4.5 If City fails to pay Consultant within sixty(60)days following
minimize any damage to property,it is understood by City that invoice date, Consultant may deem the default a breach of its
in the normal course of the work some damage may occur. agreement,terminate the agreement,and be relieved of any and
The correction of any damage is the responsibility of City or, all duties under the agreement. City however,will not be relieved
at City's direction,the damage maybe corrected by Consultant of Fee Payment responsibilities by the default or termination of
and billed to City at cost plus 15%. Notwithstanding the the agreement.
above,Consultant agrees to be responsible for damage caused
City of Eden Prairie General Conditions
Consultant Agreement
February 2001
Page 1 of 4 �j
4.6 City will be solely responsible for applying for and SECTION 6: DISPUTES/LI IITATIONS OF REMEDIES
obtaining any applicable compensation fund reimbursements
from various state and federal programs. Consultant may 6.1 In the event of a breach of Contract by City,the Consultant
assist City in applying for or meeting notification shall not be entitled to recover punitive,special or consequential
requirements,however. Consultant makes no representations damages or damages for loss of business.
or guarantees as to what fund reimbursement City may receive.
Consultant shall not be liable for any reductions from 6.2 City will pay all reasonable litigation or collection expenses
reimbursement programs made for any reason by state or including attorney fees that Consultant incurs in collecting any
federal agencies, except as may be caused by Consultant's delinquent amount City owes under this agreement.
negligence.
6.3 If City institutes a suit against Consultant,which is dismissed,
4.7 City may withhold from any final payment due the dropped,or for which judgement is rendered for Consultant,City
Consultant such amounts as are incurred or expended by the will pay Consultant for all costs of defense, including attorney
City on account of the termination of the Contract. fees,expert witness fees and court costs.
SECTION 5: OWNERSHIP OF DOCUMENTS 6.4 If Consultant institutes a suit against City,which is dismissed,
dropped,or for which judgement is rendered for City,Consultant
5.1 Consultant will deliver to City certain reports as will pay City for all costs of defense, including attorney fees,
instruments of the professional work or services performed expert witness fees and court costs.
pursuant to this Agreement. All reports are intended solely for
City,and Consultant will not be liable for any interpretations 6.5 Dispute Resolution
made by others.
6.5,1 Mediation
5.2 City agrees that all reports and other work furnished to
City,or City's agents or representatives,which are not paid for, All claims, disputes and other matters in question (hereinafter
will be returned to Consultant upon demand and will not be "claim")between the parties to this Agreement,arising out of or
used by City for any purpose. relating to this Agreement or the breach thereof,shall be subject
to mediation. If the parties have not resolved the dispute within
5.3 Unless otherwise agreed, Consultant will retain all thirty(30)days of receipt of a written complaint,each party may
pertinent records or reports concerning work and services require the dispute be submitted for mediation. If the parties are
performed for a period of at least two(2)years after report is unable to agree on a mediator within ten(10) days following a
submitted. During that time the records will be made available request for mediation,either party may request that a mediator be
to City during Consultant's normal business hours. City may appointed by the Fourth Judicial District Court. The parties agree
obtain reproducible copies of all software, manuals, maps, to share equally all fees incurred in the mediation.
drawings, logs and reports at cost, plus 15%, for data and
materials not being provided as part of the scope of work for The parties shall submit to mediation for a minimum of eight(8)
the project. hours. The parties agree that the mediation proceedings are
private and confidential. If, at the end of eight hours of
5.4 City may use the Consultant report in its entirety and may mediation,the parties have not resolved the dispute, the parties
make copies of the entire report available to others. However, may agree to extend hours of mediation.
City shall not make disclosure to others of any portions or
excerpts of a report constituting less than the entire report,or 6,5.2 Arbitration
to mislead others by omitting certain aspects contained in the
report. At the option of the party asserting the same,a claim between the
parties to this Agreement, arising out of or relating to this
5.5 Consultant will consider Project Information as Agreement or the breach thereof, whereby the party or parties
confidential and will not disclose to third parties information asserting the same claims entitlement to damages or payment of
that it acquires, uncovers, or generates in the course of less than$25,000.00 in aggregate may be decided by arbitration
performing the work, except as and to the extent Consultant in accordance with the Construction Industry Arbitration Rules of
may, in its sole discretion, deem itself required by law to the American Arbitration Association then existing unless the
disclose. parties mutually agree otherwise. In the event any person shall
commence an action in any court for any claim arising out of or
relating to this Agreement or the breach thereof or the Project or
construction thereof or any contract for such construction, the
party making a claim in arbitration may dismiss such proceedings
City of Eden Prairie General Conditions
Consultant Agreement
February 2001
Page 2 of 4
(unless the hearing on the claim has commenced)and elect to indemnify and hold Consultant harmless from and against
assert its claim in such action if such party could have done so demands,damages,and expenses caused by City's negligent acts
but for the provisions of this Paragraph. and omissions,and breach of contract and those acts,omissions,
and breaches of persons for whom City is legally responsible.
The parties agree to bear equal responsibility for the fees of
AAA,including the arbitrator(s). Judgement upon the award SECTION 9: INSURANCE/WORKER'S
rendered by the arbitrator(s) may be entered in any court COMPENSATION
having jurisdiction thereof.
9.1 Consultant represents and warrants that it has and will
In the event that arbitration services are not available from maintain during the performance of this agreement Worker's
AAA,either party may request that an arbitrator be appointed Compensation Insurance coverage required pursuant to Minn.
by the Fourth Judicial District Court. Stat. 176.181,subd.2 and that the Certificate of Insurance or the
written order of the Commissioner of Commerce permitting self
6.5.3 Compliance insurance of Worker's Compensation Insurance coverage
provided to the City prior to execution of this agreement is
The parties deem the dispute resolution procedure as set forth current and in force and effect.
herein to be an integral and essential part of this Agreement.
A party's failure to comply in all respects with this procedure 9.2 Consultant shall procure and maintain professional liability
shall be a substantial breach of this Agreement. The insurance for protection from claims arising out of professional
arbitrator(s)shall be authorized to assess costs and attomey's services caused by any negligent act,error or omission for which
fees against a party that has failed to comply with the Consultant is legally liable.
procedure in all respects,and,may as a condition precedent to
arbitration,require the parties to mediate in accordance with 9.3 Certificate of insurance will be provided to City upon request.
Section 6.5.1 hereof.
SECTION 10: TERMINATION
SECTION 7: STANDARD OF CARE
10.1 The agreement between Consultant and City may be
7.1 Consultant's opinions,conclusions,recommendations,and terminated by either party upon thirty-(30)days written notice.
report,if any,will be prepared in accordance with the City's
Request for Proposal and Consultant's proposal and no 10.2 If the agreement is terminated prior to completion of the
warranties,representations,guarantees,or certifications will be project, Consultant will receive an equitable adjustment of
made. Except that Consultant warrants that hardware and compensation.
software will perform as represented in their proposal and
other parts of this agreement. SECTION 11: ASSIGNMENT
•
7.2 Although data obtained from discrete sample locations will 11.1 Neither party may assign duties, rights or interests in the
be used to infer conditions between sample locations no performance of the work without obtaining the prior written
guarantee may be given that the inferred conditions exist consent of the other party, which consent will not be
because soil, surface and groundwater quality conditions unreasonably withheld.
between sample locations may vary significantly,and because
conditions at the time of sample collection may also vary SECTION 12: DELAYS
significantly with respect to soil, surface water and
groundwater quality at any other given time and for other 12.1 If Consultant is delayed in performance due to any cause
reasons beyond Consultant's control. beyond its reasonable control,including but not limited to strikes,
riots,fires,acts of God,governmental actions,actions of a third
7.3 Consultant will not be responsible or liable for the party, or actions or inactions of City, the time for performance
interpretation of its data or report by others. shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable
SECTION 8: GENERAL INDEMNIFICATION additional charges,if any,due to the delay.
8.1 Consultant will indemnify and hold City harmless from SECTION 13: EXTRA WORK
and against demands, damages, and expenses caused by
Consultant's negligent acts and omissions, and breach of 13.1 Extra work,additional compensation for same,and extension
contract and those negligent acts,omissions, and breaches of of time for completion shall be covered by written amendment to
persons for whom Consultant is legally responsible. City will this agreement prior to proceeding with any extra work or related
City of Eden Prairie General Conditions
Consultant Agreement
February 2001
Page 3 of 4 ^�_
T
expenditures. SECTION 19: CONFLICTS
SECTION 14: WITHHOLDING TAXES No salaried officer or employee of the City and no member of the
Board of the City shall have a financial interest,direct or indirect,
14.1 No final payment shall be made to the Consultant until in this contract. The violation of this provision renders the
the Consultant has provided satisfactory evidence to the City Contract void. Any federal regulations and applicable state
that the Consultant and each of its subcontracts has complied statutes shall not be violated.
with the provisions of Minn. Stat. 290.92 relating to
withholding of income taxes upon wages. A certificate by the SECTION 20: ENTIRE AGREEMENT
Commissioner of Revenue shall satisfy this requirement.
18.1 This Agreement contains the entire understanding between
SECTION 15: AUDITS the City and Consultant and supersedes any prior written or oral
agreements between them respecting the written subject matter.
15.1 The books, records, documents and accounting There are no representations, agreements, arrangements or
procedures and practices of the Consultant or other parties understandings, oral or written between City and Consultant
relevant to this Agreement are subject to examination by the relating to the subject matter of this Agreement which are not
City and either the Legislative Auditor or the State Auditor for fully expressed herein.
a period of six (6) years after the effective date of this
Contract. 18.2 The agreement between Consultant and City may be
modified only by a written amendment executed by both City and
SECTION 16: PAYMENT TO SUBCONTRACTORS Consultant.
16.1 The Consultant shall pay to any Subcontractor within ten 18.3 This agreement is governed by the laws of the State of
(10)days of the Consultant's receipt of payment from the City Minnesota.
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.
SECTION 17: DATA PRACTICES ACT COMPLIANCE
17.1 The Consultant shall at all times abide by Minn. Stat.
13.01 et seq.,the Minnesota Government Data Practices Act,
to the extent the Act is applicable to data and documents in the
possession of the Consultant.
SECTION 18: DISCRIMINATION
In performance of this contract, the Consultant shall not
discriminate on the grounds of or because of race,color,creed,
religion,national origin,sex,marital status,status with regards
to public assistance, disability, sexual orientation, or age
against any employee of the Consultant,any subcontractor of
the Consultant, or any applicant for employment. The
Consultant shall include a similar provision in all contracts
with subcontractors to this Contract. The Consultant further
agrees to comply will 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.
City of Eden Prairie General Conditions
Consultant Agreement
February 2001
Page 4 of 4
s
The City of
f
Edn fPrairie
.,:14_:►,:
, - :-_,
_"'` 8080 Mitchell Road•Eden Prairie, MN 55344-4485•edenprairie.org•952/949-8300
c-k-t..h= t-R#_ ;' '-_
.f
RECEIVED
November 16,2000
• N O V 17 2000
Mr.Derek Knapp
Montgomery Watson MOMIGO vER{WATSON,NC
505 Highway 169, Suite 555 IVINNERFCLIS
Minneapolis MN 55441
SUBJECT: Stormwater Pond Inventory .
Dear Derek:
The City of Eden Prairie is requesting your quote for conducting a brief inventory of our ponds and
wetlands that are part of our stormwater system. Review of the City's stormwater drainage map
indicates that there are currently 240 ponds or wetlands receiving stormwater drainage.
1.0 Field Inventory •
The City would like a brief inspection of each of these ponds or wetlands to evaluate the following.
• Outlet(s) General condition, estimated size,type and presence/condition of trash guard
• Inlet(s) General condition, estimated size, type and presence/condition of trash guard
• Perimeter and Access—general condition and location of access
• Sedimentation and/or trash accumulation
• General overall condition of the wetland and/or pond
Inlets, Outlets and Access are to be numbered in a clockwise pattern, starting with #1. The access
information should include the location and type of access,type of surface and approximate width. City
personnel will use the information to determine ease of access for maintenance. A minimum of one
photograph is to be taken of each pond or wetland with a digital camera.
2.0 Cost Estimate for Pond Upgrades/Repairs
An estimated cost for each pond inventoried is to be included in the cost estimate. The estimate can
be based on general experience with other ponds or wetlands requiring similar repairs or upgrades and
is intended to be used for general budgeting purposes in conjunction with the Local Water Management
Plan.
3.0 Miscellaneous Requirements
The results are to be tabulated into a Microsoft Excel 97 worksheet for use by the City in its Water
Body Database.
Ret.tici, ale F.apr_-r 9
•
Stonnwater Pond Inventory RFP
Page 2
Please provide a"not to exceed"cost estimate per pond for the general inspection. City approval will
be based on the number of ponds it requires to be evaluated. The City may, at its discretion, break
down the pond and wetland inspections into critical areas to be inspected in 2000 and ponds to be
inspected in 2001. In addition,City staff may complete the inspection of those ponds inspected in the
summer of 2000 by City interns. No additional work beyond this scope will be reimbursed without
previous written authorization by the City. The attached General Conditions are to be incorporated into
your proposal.
If you have any questions regarding this project or the proposed scope of work,please contact me at
952-949-8327.
Sincer , / .
•
Leslie A. ovring
Environmental Coordinator
/O
CITY COUNCIL.AGENDA DATE:
SECTION: Consent
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Public Safety/Police Authorize The Mayor and City Manager to �^
Gary Therkelsen Enter into Non-Disclosure Agreement ,�S ,
between the Metropolitan 911 Board and the
City of Eden Prairie
Requested Action:
Move to: Authorize the Mayor and City Manager to enter into Non-Disclosure Agreement
between the Metropolitan 911 Board and the City of Eden Prairie.
Synopsis:
The proposed agreement is designed to protect private wireless telephone providers from the
disclosure of Trade Secret Information which may be revealed to the 9-1-1 center during the
processing of 9-1-1 calls made from wireless telephone devices.
Background Information:
Wireless telephone service providers will soon be required to provide certain information to
9-1-1- centers when the wireless phone is used to dial 9-1-1. Other classes of telephone service
have long provided address and subscriber information when 9-1-1 was dialed, however,
wireless phones did not. The technology does not yet exist that would allow the exact location of
the caller to be determined or provided, however, the subscriber name and location of the radio
tower being accessed will be provided to the 9-1-1 center. Some of the information provided
could be Trade Secret Information as defined by Minnesota Statutes Section 13.37, subd. 1(b).
This agreement is specific and limited to wireless telephone company information and not the
content or information received from or about the wireless telephone caller.
The proposed agreement has been reviewed by the City Attorney's office and a recommendation
was made to complete the agreement.
Attachments: Letter from City Attorney
f
Non-Disclosure Agreement Between
Metropolitan 911 Board and PSAP
This Non-Disclosure Agreement is dated this day of ,2000 by and
between Eden Prairie Police Department("PSAP"), a Metro Area Public Safety Answering
Point,with an address at 8080 Mitchell Road,Eden Prairie,MN 55344 and the Metropolitan 911
Board, a governmental joint powers entity,with an address at 2099 University Avenue West,
Suite 201, St. Paul,MN 55104-3431 (the"Board").
Recitals:
WHEREAS, the Board from time to time enters into non-disclosure agreements at the request of
telecommunications providers; and
WHEREAS, such non-disclosure agreements require the Board to follow certain procedures in
the handling of Trade Secret Information received from such telecommunications providers: and
WHEREAS, such non-disclosure agreements also impose upon the Board the obligation to
secure the cooperation of other parties with which it shares such Trade Secret Information in
order to ensure its confidentiality.
NOW THEREFORE, in consideration of the mutual covenants contained herein and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows.
A. Scope.
1. As used herein, the term Trade Secret Information shall have the same meaning as
provided in Minnesota Statutes Section 13.37, subd. 1(b), and shall apply to
information which is: 1) marked as Trade Secret Information, 2) received by the
PSAP from the Board and 3) governed by a non-disclosure agreement between
the Board and a telecommunications provider.
2. The term Trade Secret Information does not include information which is not
Trade Secret Information in the hands of the Board.
B. Use.
As a condition to receiving the Trade Secret Information, the PSAP shall not, without the
prior written consent of the Board or the telecommunications provider,use or disclose the
Trade Secret Information or any part thereof except as necessary for its official duties.
The Trade Secret Information shall not, without the prior written consent of the Board or
the telecommunications provider, be disclosed to any person or entity other than
employees or agents of the PSAP who need to know the Trade Secret Information. No
other rights, and particularly no licenses, trademarks, inventions, copyrights, patents, or
any other intellectual property rights are implied or granted under this Agreement or by
the conveying of Trade Secret Information between parties.
C. Reproduction.
Trade Secret Information supplied is not to be reproduced in any form except as required
to accomplish the intent of this Agreement, or as may otherwise be required by law.
D. Return of Tnformation.
In further consideration of the disclosure to be made by the Board, the PSAP agrees to
promptly redeliver to the Board upon request or upon termination and without relieving
PSAP of any obligation of confidentiality all written material containing any Trade Secret
Information (including all copies, extracts or other reproductions) except as required by
the Minnesota Records Retention Act or other law.
E. Protective Orders.
If the PSAP is requested to disclose any Trade Secret Information, it will promptly notify
the Board and the telecommunications provider and provide sufficient information to
permit the telecommunications provider to seek a protective order or take other
appropriate action. If, in the absence of a protective order, the PSAP believes it is
compelled as a matter of law to disclose the Trade Secret Information, it may disclose to
the party compelling the disclosure only the part of the Trade Secret Information as is
required by law to be disclosed (in which case, prior to such disclosure, the PSAP will
attempt to advise and consult with the telecommunications provider as to such disclosure
and the nature and wording of such disclosure,provided such consultation does not delay
the PSAP in disclosing such Trade Secret Information within an applicable time period
required by law). —
F. Equitable Relief.
Because money damages may not be a sufficient remedy for any breach of the foregoing
confidentiality provisions, the affected telecommunications provider shall be entitled to
seek specific performance and injunctive and other equitable relief as a remedy for any
such breach in addition to all monetary remedies available at law or in equity.
G. No Warranty As To Accuracy.
The Board makes no representation or warranty as to the accuracy or completeness of the
Trade Secret Information.
H. Assignment.
These confidentiality provisions shall inure to the benefit of the respective parties, their
legal representatives, successors, and assigns.
3
I. Minnesota Law.
This Non-Disclosure Agreement shall be governed by and construed in accordance with
the laws of the State of Minnesota.
J. Severability.
If any provision of this Non-Disclosure Agreement is illegal or unenforceable, its
invalidity shall not affect the other provisions of this Non-Disclosure Agreement that can
be given effect without the invalid provision. If any provision of this Non-Disclosure
Agreement does not comply with any law, ordinance or regulation, such provision to the
extent possible shall be interpreted in such a manner to comply with such law, ordinance
or regulation, or if such interpretation is not possible, it shall be deemed to satisfy the
minimum requirements thereof.
K. Effective Date and Term.
This agreement shall be effective on the latest date opposite the signatures set forth
below. The term of this agreement shall be until terminated by written agreement of the
parties.
IN WITNESS WHEREOF,the parties have executed this Non-Disclosure Agreement .
Eden Prairie PSAP
Signature
Title
Date
Metropolitan 911 Board Approved as to form:
01A--Ueta,
Signature U Signature
!/--Q4(-1r-iii;Le A e
Title Title
Date 8)9 /O7) Date
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 20,2001
SERVICE AREA/DIVISION: ITEM DESCRIPTION:
Community Development Award Contract for re-roofing the Eden Wood ITEM NO.:
Donald R Uram Camp dining hall and dormitory to Rayco
4-1
John Gertz Construction Inc. and authorize the Mayor and '
City Manager to execute the contract
Requested Action
Move to: Award Contract for re-roofing the Eden Wood Camp dining hall and dormitory to
Rayco Construction Inc. and authorize the Mayor and City Manager to execute the
contract.
Synopsis
Staff requested quotes from contractors for re-roofing and received one quote from Rayco
Construction,Inc., on March 5, 2001, in the amount of$45,000.00.
Staff is hereby recommending that the City Council award the contract to Rayco Construction,
Inc.
Background Information
On February 20, 2001, the City Council rejected all bids on re-roofing the Eden Wood Camp
buildings and authorized staff to proceed with re-bidding, either by quotation or sealed bid, as
allowed under Minnesota law. Contractors who had previously bid on the project were asked to
provide a quote, which the City could accept if it were $50,000.00 or less. Rayco Construction,
Inc.provided the only quote.
Attachments
Quote from Rayco Construction,Inc.
Rayco Construction, Inc.
3801 5th Street NE • Columbia Heights, MN 55421
Phone: (612) 781-6092 • MN License#3396 • Fax: (612) 781-8778
PROPOSAL SUBMITTED TO: DESCRIPTION OF JOB:
PHONE:(952)949-8300 SHINGLE RE-ROOF
CITY OF EDEN PRAIRIE 6310 INDIAN CHIEF ROAD
8080 MITCHELL ROAD EDEN PRAIRIE,MN 55346
EDEN PRAIRIE, MN 55344
DATE: 3/5/01
JOB PROCEDURE:
1) WHILE WORK IS IN PROCESS,KEEP THE JOB SITE CLEAN AND NEAT. WHEN THE JOB IS COMPLETED,MAKE SURE ALL
GROUND DEBRIS IS CLEANED UP.
WARRANTY: •
1) THE MATERIALS MANUFACTURER WILL PROVIDE A TWENTY-FIVE YEAR WARRANTY AGAINST LEAKAGE FOR LABOR AND
MATERIALS. THE CONTRACTOR WILL PROVIDE A FIVE-YEAR WARRANTY AGAINST LEAKAGE FOR LABOR AND MATERIALS.
PERMITS,FEES AND TAXES:
1) WE HAVE INCLUDED ALL SALES TAXES AND PERMIT FEES TO DO THIS WORK.
We hereby propose to furnish labor and materials All material Is guaranteed to be as specified and all work shall be performed in a manner In accordance
in accordance with the above specifications for with the above specifications. Alterations or deviations from the above specifications will be made only
complete
p upon written change order signed by both us and Owner describing the change and stating what,if any,
the Sum Of: additional amount is to be paid by Owner. Owner assumes the risk of concealed or unknown conditions
which delay or increase the cost of our performance and agrees to pay reasonable,additional charges
resulting from those conditions. Contractor is not responsible for delays resulting from strikes,
$45,000.00 transportation, disruption, weather, accidents, materials shortage or other causes beyond its control.
Contractor is not responsible for damages due to vibration caused by workers nor responsible for •
consequential damages caused as a result of any conditions of this agreement. All work is warranted as
With Payments to be made as follows: specified and performed in a professional manner. Owner's sole remedy for breach of any and all
warranties,whether expressed or implied,shall be limited to repair or replacement of work and materials
supplied hereunder. Owner agrees to pay additional charges,including reasonable hourly rates for Idle
PAYMENT DUE UPON COMPLETION equipment resulting from delays of our performance caused by Owner or Owner's contractors. Unless
otherwise agreed,payment shall be due upon completion of the Job,and invoices are payable within ten
days after receipt. A service ch a of the lesser of the maximum legal rate or 1.5%per month will be
NOTE: This proposal may be withdrawn by Rayco added to past due accounts.
Construction if not accepted within twenty days. e, •
Authorized Signature:
/7' Jason Quilling
ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory a d are hereby accepted. You
are authorized to do the work as specified. Payment will be made as outlined above.
DATE ACCEPTED: SIGNATURE:
PRELIMINARY LIEN NOTICE: Any person or company supplying labor or materials for this improvement to
your property may file a lien against your property if that person or company is not paid for the contributions.
Under Minnesota law, you must have the right to pay persons who supplied labor or materials for this
improvement directly and deduct this amount from our contract price, or withhold the amounts due from us
until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who
supplied any labor or material for the improvement and who gave you timely notice.
\\Rayco011company sharlProposais\Proposals-200141ason Quilling\6310 Indian Chief Rd.IV jq.doc Page 2 of 2
2
Rayco Construction, Inc.
3801 5th Street NE • Columbia Heights, MN 55421
Phone: (612) 781-6092 • MN License#3396 • Fax: (612) 781-8778
PROPOSAL SUBMITTED TO: DESCRIPTION OF JOB:
PHONE:(952)949-8300 SHINGLE RE-ROOF
CITY OF EDEN PRAIRIE 6310 INDIAN CHIEF ROAD
8080 MITCHELL ROAD EDEN PRAIRIE, MN 55346
EDEN PRAIRIE,MN 55344
DATE: 3/5/01
REFER TO THE ATTACHED ROOF DIAGRAM FOR ADDITIONAL INFORMATION RELATING TO THIS PROPOSAL. THIS PROPOSAL IS TO TEAR
OFF AND COMPLETELY RE-ROOF BUILDING AT THE ABOVE ADDRESS PER SPECIFICATION SET FORTH BY MCDONALD&MACK
ARCHITECTS.
DEMOLITION:
1) REMOVE ALL EXISTING ROOFING MATERIAL FROM THE TWO BUILDINGS.
2) REMOVE ALL ROOFING NAILS.
DECK EXAMINATION:
1) CHECK THE DECKING AND REPLACE ANY THAT IS DETERIORATED WITH NEW DECKING. THIS WORK WILL BE DONE ON A
SQUARE FOOTAGE CHARGE BASIS AT A RATE OF$2.75 PER SQUARE FOOT. THIS WILL BE IN ADDITION TO THE BASE
CONTRACT AMOUNT.
2) ANY UNUSED STACKS,CURBS,ETC.,WILL BE REMOVED AND THE HOLES COVERED OVER WITH APPROPRIATE DECKING
MATERIAL.
CARPENTRY:
1) IF ANY ADDITIONAL CARPENTRY WORK IS NECESSARY,THIS WOULD BE UNDERTAKEN ON A TIME AND MATERIALS BASIS,AND
THE CUSTOMER WOULD BE CONTACTED FOR APPROVAL.
NEW ROOF:
1) INSTALL NEW INSULATION BOARD SET FORTH BY MCDONALD&MACK ARCHITECTS.
2) INSTALL PRE-FINISHED METAL DRIP EDGE AROUND THE PERIMETER OF THE ROOF,AND NAIL IN PLACE.
3) APPLY ICE AND WATER SHIELD AT ALL EAVE LINES AND NAIL IN PLACE.
4) COVER THE ENTIRE ROOF WITH FIFTEEN-POUND UNDERLAYMENT FELT. FASTEN IN PLACE.
5) INSTALL NEW PREFORMED GALVANIZED METAL VALLEYS. NAIL AND SEAL IN PLACE.
6) INSTALL NEW SHEET METAL LOUVERED VENTS. NAIL AND SEAL IN PLACE. •
7) INSTALL NEW GALVANIZED METAL PLUMBING STACKS. NAIL AND SEAL IN PLACE.
8) INSTALL ONE COURSE OF STARTER AT ALL EAVES. NAIL IN PLACE.
9) COVER THE ROOF WITH NEW ASPHALT,ROYAL SOVEREIGN,240-LB.,SELF-SEALING FIBERGLASS SHINGLES AND NAIL IN
PLACE USING FOUR,ONE-INCH GALVANIZED ROOFING NAILS PER SHINGLE.
10) INSTALL BOSTON HIP AND RIDGE.
11) INSTALL NEW METAL SADDLE WITH 24-GAUGE GALVANIZED METAL. NAIL AND SEAL IN PLACE.
12) PAINT ALL PENETRATIONS.
13) INSTALL NEW GUTTERS IN AREAS MARKED ON ROOF DIAGRAM.
1U2ayco011company sharAProposals'Proposals-2001Uason Quiliing16310 Indian Chief Rd.IV.Jq.doc Page 1 of 2
3
CITY COUNCIL/HOUSING AND REDEVELEPMENT AUTHORITY DATE:
AGENDA SECTION: Public Hearing March 20,2001
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.
Community Development Public Hearing to consider creating Tax
&Financial Services: Increment Financing(TIF)District#17 for the �r-i-t� , A,
Don Uram Rolling Hills Senior Project
David Lindahl
Requested HRA Actions:
Move to:
• Close the Public Hearing; and
• Adopt Resolution relating to the Redevelopment Plan for Redevelopment Project Area No. 5 in the City of
Eden Prairie and the Tax Increment Financing Plan(Qualified Housing)District No.17.
Move to: Close the HRA meeting.
Requested Council Actions:
Move to:
• Close the Public Hearing; and
• Adopt Resolution relating to Redevelopment Project Area No. 5 and creating Tax Increment Financing
District No. 17 and approving the Tax Increment Financing Plan for the Rolling Hills Senior Project.
Synopsis:
The developer is requesting Tax Increment Financing(TIF) to reduce rents on 29 units for 30 years. Rents on
these units will be affordable to persons with incomes below 50%of the median income for the metro area. The
plan calls for the creation of a Housing (Qualified)District that is expected to generate about$3,300,000 in TIF
over ten years on a pay as you go basis. A Limited Liability Corporation (LLC) consisting of Shelter Care
Foundation and Ebenezer Society will own the project.
Background:
The project was approved by the City Council October 3,2000 and will be located at the southeast corner
of Prairie Center Drive and Rolling Hills Road. It includes a three story senior building with 142 assisted,
independent, and memory care units, and a 17,500 square foot office building. The Community Planning
Board at their February 26, 2001 meeting found the use of TIF for this project consistent with the goals
of City's Comprehensive Plan. State Statute requires the City Council and HRA to review and approve
the enclosed TIF Plan.
Attachments:
TIF Memo to Council
Resolutions
TIF Plan
February 26,2001 Letter from Shelter Corporation
I
t
MEMORANDUM
TO: Mayor and City Council
Housing and Redevelopment Authority
THROUGH: Chris Enger, City Manager
Don Uram, Community and Economic Development Director
FROM: David Lindahl,HRA Manager
DATE: February 27,2001
SUBJECT: Tax Increment Financing(TIF) Plan for Rolling Hills Senior Project
The Rolling Hills senior project was approved by the City Council October 3,2000. The project is
located at the southeast corner of Prairie Center Drive and Rolling Hills Road and includes a three
story senior building with 142 units, and a 17,500 square foot office building. The developer,
Hartford Financial,is requesting Tax Increment Financing(TIF) from the City to reduce rents on 29
units for 30 years. Rents on these units will be affordable to seniors with incomes below 50%of the
median income for the metro area. The TIF district is expected to generate about $3,300,000 over
ten years.
The Community Planning Board at their February 26, 2001 meeting found the use of TIF for this
project consistent with the goals of City's Comprehensive Plan. State Statute requires the City
Council and HRA to review and approve the enclosed TIF Plan. The rental rates of the affordable
units compared to the market rate units are as follows:
Units Market Units Affordable
Assisted Living Studio 4 $2,000 0 $575
1 Bedroom 27 $2,100 12 $616
2 Bedroom 10 $2,750 0 $739
Independent Living 1 Bedroom 23 $1,100 10 $616
2 Bedroom 37 $1,450 5 $739
Memory Care Studio 12' $3,000 2 $575
Tax Increment Financing Plan
The plan calls for the creation of a Qualified Housing District that is expected to generate about
$3,300,000 in TIF benefits over ten years on a pay as you go basis. Each year for ten years the City
will collect full taxes from the project's owners and return a portion back to them.
Z
a w
Consistency with Comprehensive Plan:
The City's Comprehensive Plan includes the following goals related to affordable housing and the
use of City financing tools:
a) Lower Development Costs of Low Income and Elderly Development by Reducing Fees and Offer •
Support of Development Costs with CDBG Funds,Tax Increment Financing, and Other Possible
Means.
b) Full Authority of the City's Housing and Redevelopment Authority to Support Development of
Low Income and Elderly Housing Projects.
c) Encourage Low Income and Elderly Housing Developments throughout Eden Prairie and Provide
. Quality Services Required by Residents.
In addition,the Senior Issues Task Force report lists nine specific recommendations that support the
provision of more senior housing in Eden Prairie, including affordable senior housing.
•
•
•
CITY OF EDEN PRAIRIE
H H:NNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION RELATING TO REDEVELOPMENT PROJECT NO. 5
AND CREATING TAX INCREMENT FINANCING DISTRICT NO. 17 AND
APPROVING THE TAX INCREMENT FINANCING PLAN RELATED THERETO.
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the
"City"), as follows:
Section 1. Recitals.
1.01. On December 17, 1996, the City, pursuant to Minnesota Statutes Section 469.001
to 469.047, as amended, approved a redevelopment plan, as defined in Minnesota
Statutes Section 469.002, subdivision 16, designated as the Redevelopment Plan
(the "Redevelopment Plan") for redevelopment Project No. 5 (the "Project Area")
and a redevelopment project to be undertaken pursuant thereto, as defined in
Minnesota Statutes Section 469.002, Subdivision 14 (the "Redevelopment
Project")..
1.02. Pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes
Sections 469.174 to 469.179, as amended (the "Act"), this Council established
Tax Increment Financing District No. 13 and adopted a Tax Increment Financing
Plan therefor(the"Original Plan") on December 17, 1996. Pursuant to the Act, as
amended (the "Act"), this Council established Tax Increment Financing District
No. 14 and adopted a Tax Increment Financing Plan therefor on August 5, 1997.
Also pursuant to the Act, this Council established a Tax Increment Financing
District No. 15 and 16 on July 20, 1999. The proposed Tax Increment Financing
("Qualified Housing"), District No. 17 (the "Financing Plan"), is now before this
Council for approval. The Financing Plan has been prepared in accordance with
the Redevelopment Plan and is the proposed method for financing certain public
redevelopment costs of certain of the redevelopment activities to be undertaken
pursuant to the Redevelopment Plan. The proposed tax increment financing
("Qualified Housing"), District No. 17 (the "District"), comprises two tax parcels
within the redevelopment project as described in the financing plan.
1.03. Members of the Board of County Commissioners of Hennepin County and of the
Board of Education of Independent School District No. 272 have been given an
opportunity to meet with the City and comment on the Financing Plan. Pursuant
to Minnesota Statutes Section 469.175, Subdivision 3, this Council on March 20,
2001, conducted a public hearing on the desirability of approving the Financing
Plan. Notice of the public hearing was duly published as required by law in the
Eden Prairie News, the official newspaper of the City, on February 22, 2001. The
City has not received written comments on the Financing Plan from the county
and the school district after providing the county and the school district boards
with information on the fiscal and economic implications of the Financing Plan
not less than 30 days before the date of the public hearing.
1.04. In addition to the notice and opportunity described in Section 1.03, as required by
Minnesota Statutes Section 469.175, Subdivision 2a, the City, not less than 30
days before the publication of the notice of public hearing referred to in section
1.03 delivered written notice to the members of the Board of County
Commissioners of Hennepin County who represent the District. The notice
contained a general description of the boundaries of the District, the proposed
development activities to be undertaken therein, an offer by representatives of the
City to meet and discuss the proposed District with county commissioner and
solicitation of the commissioner's comments with respect to the District.
Section 2. Approval of Financing Plan.
On the basis of the Financing Plan and the information elicited at the public hearing
referred to in Section 1.03, it is hereby found, determined and declared:
2.01. The Financing Plan provides the means to finance certain public redevelopment
costs of the Redevelopment Project, including the redevelopment activities
described in the Redevelopment Plan which benefit the District. The Financing
Plan contains a statement of objectives for the improvement of the
Redevelopment Project, a statement as to the development program for the
District and a statement of the property included within the TIF District. The
Financing Plan also estimates the public costs of the Financing Plan to be
($3,300,920.00), the sources of revenues to finance or otherwise pay public costs
of the District, the most recent net tax capacity of taxable real property within the
District, the captured net tax capacity of the District at completion and the
duration of the District. The Financing Plan also describes and identifies the
development activities to be undertaken or expected to be undertaken in the
District. The Financing Plan further contains alternative estimates of the impact of
the proposed tax increment financing on the net tax capacities of all taxing
jurisdictions in which the District is located. All the captured tax capacity is
necessary for the objectives of the District.
2.02. This Council hereby finds that the District is a geographic area within a "project"
as defined in Minnesota Statutes Section 469.174, Subdivision 8, and is a proper
tax increment financing district within the meaning of Section 469.174,
Subdivision 9. This Council further fords, based on the information in the
Financing Plan and representations of the developer, that the District consists of a
project intended for occupancy, in part, by persons or families of low and
moderate income, as defined in Chapter 462A, Title II of the National Housing
Act of 1934, the National Housing Act of 1959, the United States Housing Act of
1937, as amended, Title V of the Housing Act of 1937, as amended, or similar
5
federal legislation and the regulations promulgated thereunder. As evidence
thereof, the developer represents that the project qualifies for the low-income
housing tax credit under Section 42 of the Internal Review Code of 1986, as
amended. The project to be constructed in the District consists of housing for
individuals or families of low or moderate income and commercial uses. The fair
market value of the commercial improvements do not exceed 20% of the total fair
market value of the planned improvement in the Development Plan.
2.03. Therefore, the District qualifies as a "housing district" within the meaning of
Minnesota Statutes Section 469.174, Subdivision 11. The income limitations of
Section 469.1761 of the Act are applicable to tenants in the project, because the
District is not located in a targeted area as defined in Minnesota Statutes Section •
462C.02, Subdivision 9, Clause (e).
2.04. This Council hereby finds that the private redevelopment proposed to be
encouraged in the Redevelopment Project pursuant to the Redevelopment Plan
• would not, in the opinion of this Council, occur solely through private investment
within the reasonably foreseeable future and that therefore the use of tax
increment financing is deemed necessary. Without tax increment financing of the
costs of redevelopment activities generally described by the Redevelopment Plan
which increases the financial feasibility of the proposed redevelopment, private
investment would not develop the District within the reasonably foreseeable
future. The studies and analyses supporting this finding are identified in the
Financing Plan.
2.05. This Council hereby finds that the Financing Plan conforms to the general plan
for the development of the City as a whole. The development is compatible with
the City's zoning ordinances and other related regulations and encourages
efficient use of existing infrastructure as set forth in the City's Land Use Plan.
2.06. This Council hereby finds that the Financing Plan will afford maximum
opportunity, consistent with the sound needs of the City as a whole, for the
development of the District by private enterprise. The redevelopment activities
contemplated in the Redevelopment. Plan would help to retard blight in the
Redevelopment Project and provide an increase in low and moderate income
housing opportunities in the City and enhance the tax base of the City.
2.07. As required by Section 49.176, Subdivision 4d, it is expected that all of the tax
increment to be derived from the District will be used to finance costs of the low
•
and moderate income housing project, including the costs of public improvements
directly related thereto and allocable administration expenses of the
Redevelopment Project.
. 2.08. Upon review of the Financing Plan, the information elicited at the public hearing
and on the basis of the findings in Sections 2.01 to 2.06, this Council hereby
approves the Financing Plan and the establishment of the District as a tax
6
increment financing district in the City, to be denominated "Tax Increment
Financing (Qualified Housing)District No. 17.
Section 3. Additional Approvals.
It is contemplated the public financial contribution contemplated in the Tax Increment
Financing Plan, including but not limited to tax increment financing may be secured by
way of a mortgage on the property in the District. It is further contemplated that the
developer will obtain construction and/or permanent financing and that it will be
necessary for any security granted to the City and/or Authority to be subordinated to that
of the developer's lender. The Approval hereby given to the Tax Increment Financing
Plan includes approval and the execution by the appropriate officers of the City of such
additional documents necessary to acquire a secured interest in the property and to
subordinate'such interest, to the lien of the developer's construction and/or permanent
financing. The Mayor and City Manager are authorized and directed to prepare and
furnish certified copies of all proceedings and records of the City relating to this
transaction and such other affidavits and certificates as may be required to show the facts
relating thereto as such facts appear on the books and records in the officers' custody and
control or as otherwise known to them; all such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute representations of the City
as to the truth of all statements contained therein. The approval hereby given to the
various documents referred to above includes the approval of such additional details
therein as may be necessary and appropriate and such modifications thereof, deletions
therefrom and additions thereto as may be necessary and appropriate and approved by the
City's counsel and the officials authorized herein to execute said documents prior to their
execution; and said officials are hereby authorized to approve said changes on behalf of
the City herein authorized shall be conclusive evidence of the approval of such
documents in accordance with the terms hereof.
Passed by the City Council this 20th day of March, 2001.
Dr. Jean Harris,Mayor
Attest
Kathleen Porta, City Clerk
City. of Eden Prairie, Minnesota
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing Plan
for
Tax Increment Financing (Qualified Housing)
District No. 17
(Rolling Hills Senior Housing Campus)
Draft No. 2: March 9, 2001
Prepared by:
SPRINGSTED INCORPORATED
85 E. Seventh Place, Suite 100
St. Paul, MN 55101-2887
(651) 223-3000
TABLE OF CONTENTS
Section Page
A. Definitions 1
B. Statutory Authorization 1
C. Statement of Need and Public Purpose 1
D. Statement of Objectives 1
E. Designation of Tax Increment Financing District as a Housing District 1
F. Duration of the TIF District and the Three Year Rule 2
G. Property to be Included in the TIF District 3
H. Property to be Acquired in the TIF District 3
I. Specific Development Expected to Occur Within the TIF District 3
J. Findings and Need for Tax Increment Financing 3
K. Estimated Public Costs 4
L. Estimated Sources of Revenue 4
M. Estimated Amount of Bonded Indebtedness 4
N. Original Net Tax Capacity 5
O. Original.Tax Capacity Rate 5
P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment 6
Q. Use of Tax Increment 6
R. Excess Tax Increment 7
S. Tax Increment Pooling and the Five Year Rule 7
T. Limitation on Administrative Expenses 8
U. Limitation on Property Not Subject to Improvements - Four Year Rule 8
V. Estimated Impact on Other Taxing Jurisdictions 8
W. Local Government Aid Penalty 9
X. Prior Planned Improvements 9
Y. Development Agreements 9
Z. Assessment Agreements 9
AA. Modifications of the Tax Increment Financing Plan 9
AB. Administration of the Tax Increment Financing Plan 10
AC. Financial Reporting and Disclosure Requirements 11
Map of the Tax Increment Financing District EXHIBIT I
Assumptions Report EXHIBIT II
Projected Tax Increment Report EXHIBIT III
Estimated Impact on Other Taxing Jurisdictions Report EXHIBIT IV
•
City of Eden Prairie, Minnesota
Section A Definitions
The terms defined in this section have the meanings given herein, unless the context in which
they are used indicates a different meaning:
"Authority" means the Eden Prairie Housing and Redevelopment Authority.
"City" means the City of Eden Prairie, Minnesota; also referred to as a "Municipality".
"City Council" means the City Council of the City; also referred to as the "Governing Body".
"County" means Hennepin County, Minnesota.
"Redevelopment Project" means Redevelopment Project No. 5 in the City, which is described in
the corresponding Redevelopment Plan.
"Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project.
"Project Area" means the geographic area of the Redevelopment Project.
"School District" means Independent School District No. 272, Minnesota.
"State" means the State of Minnesota.
"TIF Act" means Minnesota Statutes, Sections 469.174 through 469.179, both inclusive.
"TIF District" means Tax Increment Financing (Housing) District No. 17.
"TIF Plan" means the tax increment financing plan for the TIF District (this document).
Section B Statutory Authority
See Section 1.3 of the Redevelopment Plan for the Redevelopment Project.
Section C Statement of Finding and Public Purpose
See Section 1.2 of the Redevelopment Plan for the Redevelopment Project.
Section D Statement of Objectives
See Section 1.4 of the Redevelopment Plan for the Redevelopment Project.
Section E Designation of Tax Increment Financing District as a Housing District
Housing districts are a type of tax increment financing district which consists of a project
intended for occupancy, in part, by persons or families of low and moderate income. Low and
moderate income is defined in federal, state, and municipal legislation. A project does not
qualify if the fair market value of the improvements, constructed for uses other than low and
moderate income housing are more than 20% of the total fair market value of all the planned
improvements. The fair market value of the improvements may be determined using the cost of
/0
r� SPRINGSTED Page 1
City of Eden Prairie, Minnesota
construction, capitalized income, or any other appropriate method of estimating marketing
value.
In addition, housing districts are subject to various income limitations and requirements for
residential property. For owner occupied residential property, 95% of the housing units must be
initially purchased and occupied by individuals whose family income is less than or equal to the
income requirements for qualified mortgage bond projects under section 143(f) of the Internal
Revenue Code. For residential rental property, the property must satisfy the income
requirements for a qualified residential rental project as defined in section 142(d) of the Internal
Revenue Code. A rental property also satisfies the above requirements if 50 percent of the
residential units in the project are occupied by individuals whose income is 80 percent or less of
the area median gross income.
The TIF District qualifies as a housing district in that it meets all of the criteria listed above. It is
anticipated that at least 80% of the planned improvements in the TIF District will be for low and
moderate income housing purposes. In addition, the TIF District meets the requirements for a
"qualified housing district" in that all of the low and moderate income housing units will meet all
of the requirements for the low income housing tax credit (whether such credits are received or
not) under Section 42 of the Internal Revenue Code of 1986, as amended through
December 31, 1992. As a qualified housing district, the TIF District does not cause any
reduction in the local government aid received by the City from the State (see Section W).
The above requirements apply for the duration of the TIF District. Failure to comply with these
requirements results in application of the duration limits for economic development districts to
the TIF District, that is the lesser of (a) nine years from the date of receipt of the first tax
increment or (b) 11 years after approval of the TIF Plan. If at the time of the noncompliance,
the TIF District has exceeded the duration limits for an economic development district, the TIF
District must be decertified effective for taxes payable in the next calendar year.
Tax increments derived from a housing district must be used solely to finance the cost of
housing projects as defined above. The cost of public improvements directly related to the
housing projects and the allocated administrative expenses of the Authority may be included in
the cost of a housing project.
Section F Duration of the TIF District and the Three Year Rule
Housing districts may remain in existence 25 years from the date of receipt of the first tax
increment. This term shall be reduced to 20 years if the Authority elects to delay receipt of the
first tax increment until a minimum market value for the TIF District is reached or exceeded, or
four years have elapsed from the date of certification, whichever is earlier. Modifications of this
plan (see Section AA) shall not extend these limitations.
The Authority does not elect to delay receipt of the first tax increment. The Authority reserves
the right to allow the TIF District to remain in existence the maximum duration allowed by law
(projected to be through the year 2028), but anticipates that the TIF District will be decertified
prior to that time (see Section P). All tax increments from taxes payable in the year the TIF
District is decertified shall be paid to the Authority.
In addition, no tax increments shall be paid to the Authority from the TIF District after three
years from the date of certification unless within that time period:
(1) bonds have been issued in aid of the Project Area (except revenue bonds issued
pursuant to M.S. Sections 469.152 to 469.165);
rzA 1r
SPRINGSTED Page 2
City of Eden Prairie, Minnesota
(2) the Authority has acquired property within the TIF District; or
(3) the Authority has constructed public improvements within the TIF District.
Section G Property to be Included in the TIF District
The TIF District is a 8.95 acre area of land located within the Project Area. A map showing the
location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the
TIF District are described below:
Parcel ID Number Legal Description
14-116-22-44-0106 Lot 10, Block 1, Prairie Lakes Business Park
14-116-22-44-0105 Lot 9, Block 1, Prairie Lakes Business Park
The area encompassed by the TIF District shall also include all street or utility right-of-ways
located upon or adjacent to the property described above.
Section H Property to be Acquired in the TIF District
The Authority may acquire and sell any or all of the property located within the TIF District;
however, the Authority does not anticipate acquiring any such property at this time.
Section I Specific Development Expected to Occur Within the TIF District
The proposed development will consist of a senior residential campus located at the
intersection of Prairie Center Drive and Rolling Hills Road. It is anticipated that 75 congregate
living units, 53 assisted living units, 14 memory care units, and assorted commons, dining, and
parking areas will be constructed. The campus is expected to be completed in late 2002. In
accordance with the requirements for a qualified housing district, at least 29 (20%) of the 142
proposed residential units will be affordable as described in Section E.
Section J Findings and Need for Tax Increment Financing
In establishing the TIF District, the City makes the following findings:
(1) the TIF District qualifies as a housing district and as a qualified housing district;
See Section E of this document for the reasons and facts supporting this
finding.
(2) the proposed development, in the opinion of the City, would not reasonably be
expected to occur solely through private investment within the reasonably
foreseeable future, and the increased market value of the site that could
reasonably be expected to occur without the use of tax increment would be less
than the increase in market value estimated to result from the proposed
• development after subtracting the present value of the projected tax increments
for the maximum duration of the TIF District permitted by the TIF Plan;
The reasons and facts supporting this finding are that the developer has
represented to the Authority that it would not undertake the proposed
/ �
EA SPRINGSTED Page 3
City of Eden Prairie, Minnesota
development without the assistance of tax increment financing. Private
investment will not finance these development activities because of
prohibitive costs. It is necessary to finance these development activities
through the use of tax increment financing so that other development by
private enterprise will occur within the Project Area.
(3) the TIF Plan conforms to the general plan for development or redevelopment of
the City as a whole; and
The reasons and facts supporting this finding are that the TIF District is
properly zoned, and the TIF Plan has been approved by the City Planning
Commission and will generally compliment and serve to implement
policies adopted in the City's comprehensive plan.
(4) the TIF Plan will afford maximum opportunity, consistent with the sound needs of
the City as a whole, for the development of the Project Area by private
enterprise.
The reasons and facts supporting this finding are that the development
activities are necessary so that development and redevelopment by
private enterprise can occur within the Project Area.
Section K Estimated Public Costs
The estimated public costs of the TIF District are listed below. Such costs are eligible for
reimbursement from tax increments of the TIF District.
Principal Interest Total
Site Improvements $ 540,000 $ 0 $ 540,000
Land Acquisition 2,165,000 0 2,165,000
Administration 295,000 0 295,000
Total $3,000,000 $ 0 $3,000,000
The Authority reserves the right to adjust the amount of any of the items listed above or to
incorporate additional eligible items, so long as the total estimated public cost is not increased.
Section L Estimated Sources of Revenue
The Authority anticipates providing financial assistance to the proposed development through
the use of a pay-as-you-go technique. As tax increments are collected from the TIF District in
future years, a portion. of these taxes will be distributed to the developer/owner as
reimbursement for public costs incurred (see Section K).
The Authority reserves the right to finance any or all public costs of the TIF District using pay-
as-you-go assistance, internal funding, general obligation or revenue debt, or any other
financing mechanism authorized by law. The Authority also reserves the right to use other
sources of revenue legally applicable to the Project Area to pay for such costs including, but not
limited to, special assessments, utility revenues, federal or state funds, and investment income.
13
SPRINGSTED Page 4
City of Eden Prairie, Minnesota
Section M Estimated Amount of Bonded Indebtedness
The Authority does not anticipate issuing tax increment bonds to finance the estimated public
costs of the TIF District.
Section N Original Net Tax Capacity
The County Auditor shall certify the original net tax capacity of the TIF District. This value will
be equal to the total net tax capacity of all property in the TIF District as certified by the State
Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive,
this value is based on the previous assessment year. For districts certified between July 1 and
December 31, inclusive, this value is based on the current assessment year.
The Estimated Market Value of all property within the TIF District as of January 2, 2000 for
taxes payable in 2001 is $1,605,000 (subject to revision). Upon establishment of the TIF
District, and subsequent reclassification of property, it is estimated that the original net tax
capacity of the TIF District will be approximately$34,026.
Each year the County Auditor shall certify the amount that the original net tax capacity has
increased or decreased as a result of:
(1) changes in the tax-exempt status of property;
(2) reductions or enlargements of the geographic area of the TIF District;
(3) changes due to stipulation agreements or abatements; or
(4) changes in property classification rates.
Section 0 Original Tax Capacity Rate
The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate
shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be
for the same taxes payable year as the original net tax capacity.
•
In future years, the amount of tax increment generated by the TIF District will be calculated
using the lesser of (a) the sum of the current local tax rates at that time or (b) the original tax
capacity rate of the TIF District.
The sum of all local tax rates that apply to property in the TIF District, for taxes levied in 2000
and payable in 2001, is 118.198% as shown below. The County Auditor shall certify this
amount as the original tax capacity rate of the TIF District.
2000/2001
Taxing Jurisdiction Local Tax Rate
City of Eden Prairie 27.152%
Hennepin County 37.624%
Independent School District#272 48.227%
• Metro Special Taxing Districts 1.952%
Other Special Taxing Districts 3.243%
Total 118.198%
I
SPRINGSTED Page 5
City of Eden Prairie, Minnesota
Section P Projected Retained Captured Net Tax Capacity and
Projected Tax Increment
Each year the County Auditor shall determine the current net tax capacity of all property in the
TIF District. To the extent that this total exceeds the original net tax capacity, the difference
shall be known as the captured net tax capacity of the TIF District.
The County Auditor shall certify to the Authority the amount of captured net tax capacity each
year. The Authority may choose to retain any or all of this amount. It is the Authority's intention
to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known
as the retained captured net tax capacity of the TIF District.
Exhibit II gives a listing of the various information and assumptions used in preparing a number
of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax
increment generated over the anticipated life of the TIF District.
Section Q Use of Tax Increment
Each year the County Treasurer shall deduct 0.25% of the annual tax increment generated by
the TIF District and pay such amount to the State's General Fund. Such amounts will be
appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment
financing information throughout the state. Exhibit III shows the projected deduction for this
purpose over the anticipated life of the TIF District.
The Authority has determined that it will use 100% of the remaining tax increment generated by
the TIF District for any of the following purposes:
(1) pay for the estimated public costs of the TIF District (see Section K) and County
administrative costs associated with the TIF District (see Section T);
(2) pay principal and interest on tax increment bonds or other bonds issued to
finance the estimated public costs of the TIF District;
(3) accumulate a reserve securing the payment of tax increment bonds or other
bonds issued to finance the estimated public costs of the TIF District;
(4) pay all or a portion of the county road costs as may be required by the County
Board under M.S. Section 469.175, Subdivision 1 a; or
(5) return excess tax increments to the County Auditor for redistribution to the City,
County and School District.
Tax increment shall not be used to finance the acquisition, construction, renovation, operation,
or maintenance of a building to be used primarily and regularly for conducting the business of a
municipality, county, school district, or any other local unit of government or the State or federal
government. This prohibition does not apply to the construction or renovation of a parking
structure, or of a privately-owned facility for conference purposes.
If there exists any type of agreement or arrangement providing for the developer, or other
beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed
with tax increments, such payments shall be subject to all of the restrictions imposed on the use
of tax increments. Assistance includes sale of property at less than the cost of acquisition or
fair market value, grants, ground or other leases at less then fair market rent, interest rate
15
rri SPRINGSTED Page 6
City of Eden Prairie, Minnesota
subsidies, utility service connections, roads, or other similar assistance that would otherwise be
paid for by the developer or beneficiary.
Section R Excess Tax Increment
In any year in which the tax increments from the TIF District exceed the amount necessary to
pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess
tax increments to:
(1) prepay any outstanding tax increment bonds;
(2) discharge the pledge of tax increments thereof;
(3) pay amounts into an escrow account dedicated to the payment of the tax
increment bonds; or
(4) return excess tax increments to the County Auditor for redistribution to the City,
County and School District. The County Auditor must report to the
Commissioner of Education the amount of any excess tax increment
redistributed to the School District within 30 days of such redistribution.
Section S Tax Increment Pooling and the Five Year Rule
At least 80% of the tax increments from the TIF District must be expended on activities within
the district or to pay for bonds used to finance the estimated public costs of the TIF District (see
Section E for additional restrictions). No more than 20% of the tax increments may be spent on
costs outside of the TIF District but within the boundaries of the Project Area, except to pay
debt service on credit enhanced bonds. The Authority reserves the right to increase by 10%
the permitted amount of tax increments to be spent outside of the TIF District but within the
boundaries of the City, such tax increments to be used exclusively to assist in acquisition, site
preparation, construction, rehabilitation, or public improvements for housing that meets the
requirement for a qualified low-income building, as described in M.S. Section 469.1763. All
administrative expenses are considered to have been spent outside of the TIF District.
Tax increments are considered to have been spent within the TIF District if such amounts are:
(1) actually paid to a third party for activities performed within the TIF District within
five years after certification of the district;
(2) used to pay bonds that were issued and sold to a third party, the proceeds of
which are reasonably expected on the date of issuance to be spent within the
later of the five-year period or a reasonable temporary period or are deposited in
a reasonably required reserve or replacement fund.
(3) used to make payments or reimbursements to a third party under binding
contracts for activities performed within the TIF District, which were entered into
within five years after certification of the district; or
(4) used to reimburse a party for payment of eligible costs (including interest)
incurred within five years from certification of the district.
Beginning with the sixth year following certification of the TIF District, at least 80% of the tax
increments must be used to pay outstanding bonds or make contractual payments obligated
within the first five years. When outstanding bonds have been defeased and sufficient money
has been set aside to pay for such contractual obligations, the TIF District must be decertified.
l6
EA SPRINGSTED Page 7
City of Eden Prairie, Minnesota
The Authority does not anticipate that tax increments will be spent outside of the TIF District
(except for allowable administrative expenses); however, the Authority does reserve the right to
allow for tax increment pooling from the TIF District in the future.
Section T Limitation on Administrative Expenses
Administrative expenses are defined as all costs of the Authority other than:
(1) amounts paid for the purchase of land;
(2) amounts paid for materials and services, including architectural and engineering
services directly connected with the proposed development within the TIF
District;
(3) relocation benefits paid to, or services provided for, persons or businesses
residing or located within the TIF District; or
(4) amounts used to pay interest on, fund a reserve for, or sell at a discount, tax
increment bonds.
Administrative expenses include amounts paid for services provided by bond counsel, city
attorneys, fiscal consultants, planning or economic development consultants, and actual costs
incurred by the Authority, City, and County in administering the TIF District. Tax increments
may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of
the total estimated public costs authorized by the TIF Plan or (b) 10% of the total tax increment
expenditures for the project.
Section U Limitation on Property Not Subject to Improvements - Four Year Rule
If after four years from certification of the TIF District no demolition, rehabilitation, renovation,
or qualified improvement of an adjacent street has commenced on a parcel located within the
TIF District, then that parcel shall be excluded from the TIF District and the original net tax
capacity shall be adjusted accordingly. Qualified improvements of a street are limited to
construction or opening of a new street, relocation of a street, or substantial reconstruction or
rebuilding of an existing street. The Authority must submit to the County Auditor, by February 1
of the fifth year, evidence that the required activity has taken place for each parcel in the TIF
District.
If a parcel is excluded from the TIF District and the Authority or owner of the parcel
subsequently commences any of the above activities, the Authority shall certify to the County
Auditor that such activity has commenced and the parcel shall once again be included in the
TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently
certified by the Commissioner of Revenue, and add such amount to the original net tax capacity
of the TIF District.
Section V Estimated Impact on Other Taxing Jurisdictions
Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected
retained captured net tax capacity of the TIF District was hypothetically available to the other
taxing jurisdictions. The Authority believes that there will be no adverse impact on other taxing
jurisdictions during the life of the TIF District, since the proposed development would not have
occurred without the establishment of the TIF District and the provision of public assistance. A
positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the
development therein becomes part of the general tax base.
jar
r.-.r SPRINGSTED Page 8
City of Eden Prairie, Minnesota
Section W Local Government Aid Penalty
Tax increment financing districts established or expanded after April 30, 1990 may cause a
reduction in the local government aid (LGA/HACA) received by the City from the State.
However, because the TIF District is a qualified housing district the City is exempt from any loss
of local government aid.
Section X Prior Planned Improvements
The Authority shall accompany its request for certification to the County Auditor (or notice of
district enlargement), with a listing of all properties within the TIF District for which building
permits have been issued during the 18 months immediately preceding approval of the TIF
Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the
net tax capacity of each improvement for which a building permit was issued.
There have been no building permits issued in the last 18 months in conjunction with any of the
properties within the TIF District.
Section Y Development Agreements
If more than 10% of the acreage of a project (which contains a housing district) is to be
acquired by the Authority with proceeds from tax increment bonds then, prior to such
acquisition, the Authority must enter into an agreement for the development of the property.
Such agreement must provide recourse for the Authority should the development not be
completed.
The Authority anticipates entering into an agreement for development, but does not anticipate
acquiring any property located within the TIF District.
Section Z Assessment Agreements
The Authority may, upon entering into a development agreement, also enter into an
assessment agreement with the developer, which establishes a minimum market value of the
land and improvements for each year during the life of the TIF District.
The assessment agreement shall be presented to the County or City Assessor who shall review
the plans and specifications for the improvements to be constructed, review the market value
previously assigned to the land, and so long as the minimum market value contained in the
assessment agreement appears to be an accurate estimate, shall certify the assessment
agreement as reasonable. The assessment agreement shall be filed for record in the office of
the County Recorder of each county where the property is located. Any modification or
premature termination of this agreement must first be approved by the City, County and School
District.
Section AA Modifications of the Tax Increment Financing Plan
Any reduction or enlargement in the geographic area of the Project Area or the TIF District;
increase in the amount of bonded indebtedness to be incurred; increase in the amount of
capitalized interest; increase in that portion of the captured net tax capacity to be retained by
the Authority; increase in the total estimated public
costs; or designation of additional property
ri SPRINGSTED Page 9
City of Eden Prairie, Minnesota
to be acquired by the Authority shall be approved only after satisfying all the necessary
requirements for approval of the original TIF Plan. This paragraph does not apply if:
(1) the only modification is elimination of parcels from the TIF District; and
(2) the current net tax capacity of the parcels eliminated equals or exceeds the net
tax capacity of those parcels in the TIF District's original net tax capacity, or the
Authority agrees that the TIF District's original net tax capacity will be reduced by
no more than the current net tax capacity of the parcels eliminated.
The Authority must notify the County Auditor of any modification that reduces or enlarges the
geographic area of the TIF District. The geographic area of the TIF District may be reduced but
not enlarged after five years following the date of certification.
Section AB Administration of the Tax Increment Financing Plan
Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota
Department of Revenue. The Authority shall also request that the County Auditor certify the
original net tax capacity and net tax capacity rate of the TIF District. To assist the County
Auditor in this process, the Authority shall submit copies of the TIF Plan, the resolution
establishing the TIF District and adopting the TIF Plan, and a. listing of any prior planned
improvements. The Authority shall also send the County Assessor any assessment agreement
establishing the minimum market value of land and improvements in the TIF District, and shall
request that the County Assessor review and certify this assessment agreement as reasonable.
The County shall distribute to the Authority the amount of tax increment as it becomes
available. The amount of tax increment in any year represents the applicable property taxes
generated by the retained captured net tax capacity of the TIF District. The amount of tax
increment may change due to development anticipated by the TIF Plan, other development,
inflation of property values, or. changes in property classification rates or formulas. In
administering and implementing the TIF Plan, the following actions should occur on an annual
basis: .
(1) prior to July 1, the Authority shall notify the County Assessor of any new
development that has occurred in the TIF District during the past year to insure
that the new value will be recorded in a timely manner.
(2) if the County Auditor receives the request for certification of a new TIF District, or
for modification of an existing TIF District, before July 1, the request shall be
recognized in determining local tax rates -for the current and subsequent levy
years. Requests received on or after July 1 shall be used to determine local tax
rates in subsequent years.
(3) each year the County Auditor shall certify the amount of the original net tax
capacity of the TIF District. The amount certified shall reflect any changes that
occur as a result of the following:
(a) the value of property that changes from tax-exempt to taxable shall be
added to the original net tax capacity of the TIF District. The reverse
shall also apply;
(b) the original net tax capacity may be modified by any approved
enlargement or reduction of the TIF District;
1
EA SPRINGSTED Page 10
City of Eden Prairie, Minnesota
(c) if the TIF District is classified as an economic development district, then
the original net tax capacity shall be increased by the amount of the
annual adjustment factor; and
(d) if laws governing the classification of real property cause changes to the
percentage of estimated market value to be applied for property tax
purposes, then the resulting increase or decrease in net tax capacity shall
be applied proportionately to the original net tax capacity and the retained
captured net tax capacity of the TIF District.
The County Auditor shall notify the Authority of all changes made to the original net tax capacity
of the TIF District.
Section AC Financial Reporting and Disclosure Requirements
The State Auditor shall enforce the provisions of the TIF Act and shall have full responsibility for
financial and compliance auditing of the Authority's use of tax increment financing. On or
before August 1 of each year, the Authority must annually submit to the State Auditor, City
Council, County Board and County Auditor, and the School District Board a report which shall:
(1) provide full disclosure of the sources and uses of public funds in the TIF District;
(2) permit comparison and reconciliation of the accounts and financial reports;
(3) permit auditing of the funds expended on behalf of the TIF District; and
(4) be consistent with generally accepted accounting principles.
The report shall include, among other items, the following information:
(1) the original net tax capacity of the TIF District;
(2) the captured net tax capacity of the TIF District, including the amount of any
captured net tax capacity shared with other taxing jurisdictions;
(3) for the reporting period and for the duration of the TIF District, the amount
budgeted under the TIF Plan, and the actual amount expended for, at least, the
following categories:
(a) acquisition of land and buildings through condemnation or purchase;
(b) site improvements or preparation costs;
(c) installation of public utilities, parking facilities, streets, roads, sidewalks,
or other similar public improvements;
(d) administrative costs, including the allocated cost of the Authority; and
(e) public park facilities, facilities for social, recreational, or conference
purposes, or other similar public improvements.
(4) for properties sold to developers, the total cost of the property to the Authority
and the price paid by the developer; and
(5) the amount of increments rebated or paid to developers or property owners for
privately financed improvements or other qualifying costs.
ace
ri SPRINGSTED Page 11
City of Eden Prairie, Minnesota
Additional information which must be annually reported to the State Auditor, by July 1 of each
year, includes:
(1) for the entire City:
(a) the total principal amount of nondefeased tax increment bonds
outstanding at the end of the previous calendar year; and
(b) the total amount of principal and interest payments that are due for the
current calendar year on tax increment bonds.
(2) for each tax increment financing district in the City:
(a) the type of district;
(b) the date the TIF District is required to be decertified;
(c) the amount of any payments and the value of in-kind benefits, such as
physical improvements and the use of building space, that are financed
•
with revenues from increments and are provided to another governmental
unit during the preceding calendar year;
(d) the tax increment revenues for taxes payable in the current calendar
year;
(e) whether the TIF Plan permits tax increment revenues to be expended for
activities located outside of the TIF District, and
(f) any additional information that the State Auditor may require.
The Authority must also annually publish in a newspaper of general circulation in the City an
annual statement for each tax increment financing district showing the tax increment received in
that year, the original and captured net tax capacity, the amount of outstanding bonded
indebtedness, the amount of increments paid to other governmental bodies, the amount paid
for administrative costs, the sum of increment paid, directly or indirectly, for activities and
improvements located outside of the district, the increase in property taxes if a fiscal disparity
contribution is being made from outside of the district, and any additional information the
Authority deems necessary.
The Authority must publish the annual statement for a year by July 1 of the next year and must
provide a copy to the State Auditor by the time it submits the annual statement for publication.
c I
r i SPRLNGSTED Page 12
EXHIBIT I
City of Eden Prairie, MN
Eden Prairie HRA
Tax Increment Financing District No. 17
(Rolling Hills Senior Housing Project)
In
Redevelopment Area No. 5
,, 'N.
I / // / ••\
8 �..,
A �
Pb.
I o�ry^� // N 1 '.
/ /,/ ,r, o�// \
pn Fij/ \
/ 0� / / 84.E \ •
Q.• ,oa r- \ •
/ Y
/ // \
/ o/// \\
•-' i y,,, 1
\
// \
,t
_ / 3 `� 1r
d
//
•'✓ ' M.I/AZ.00s
` /' 4S•£GL
�. \--. , I- i'-�
3 `fib i " i i ' 1
Sr �\ I
\ -' - Lti _ 1
\ p I J/
', I
II
�.. I 1 I
OW
GO
�o
-s ,, • • I
;i. I
` - - I
1.
\ e _ _ 3.
-J
•
�- eC£iL —� Y1D� b Ol'1159
l.ION $11'2 $Qu�YI►RD
p 1 _ '--
EXHIBIT II
•
Assumptions Report I
City of Eden Prairie,Minnesota
Tax Increment Financing(Qualified Housing)District No.17
Rolling Hills Project
Scenario A
Type of Tax Increment Financing District Qualified Housing
Maximum Duration of TIF District 25 years from 1st increment
Certification Request Date 05/01/01
Decertification Date 12/01/13 (11 Years of Increment)
, I
2000/2001
Base Estimated Market Value $1,605,000 (Pay 2001) •
Times:First $0 0.00% 0
Excess 0.00% 0
Original Net Tax Capacity $34,026
Assessment/Collection Year
2001/2002 2002/2003 2003/2004 2004/2005
Base Estimated Market Value $1,605,000 $1,605,000 $1,605,000 $1,605,000 •
Increase in Estimated Market Value 0 3,591,000 11,385,000 11,385,000
Total Estimated Market Value $1,605,000 $5,196,000 $12,990,000 $12,990,000 ,
Times:First $0 0.00% 0 0 0 0
Excess 0.00% 0 0 0 0 '
Total Net Tax Capacity $34,026 $110,155 $275,388 $275,388
Base Inflation Factor NA
Local Tax Capacity Rate 118.198% (Pay 2001)
Fiscal Disparities Contribution From TIF District 0.0000%
Administrative Retainage Percent(maximum=10%) 10.00%
Pooling Percent 0.00%
City Tax Rate(Only if Local-Effort TIF) NA
l
Bonds Note(Pay-As-You-Go)
Bonds Dated 05/01/01 Note Dated 05/01/01
First Interest Date 02/01/02 Note Rate 0.00%
Underwriters Discount 1.50%
LGA/HACA Loss:
Will Annual Local Contribution Be Made(Yes or No)? Yes (Upfront Contribution)
I.S.D#272 Equalized Tax Capacity Rate NA
I.S.D#272 Sales Ratio NA
City Sales Ratio&Taxable Net Tax Capacity NA NA
Present Value Date&Rate 05/01/01 5.50%
Prepared by:Springsted Incorporated(printed on 03/09/2001 at 4:07 PM) TIF 030901.xlsAssumptions
EXHIBIT III
O O MI to to U) In t() to LC) LO to to 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N
CO
m = o co CD co CD CD (o ui D (ISCti TT m N Co U) to to U) UU) to 0 to If) CO
C z > ,.. N N N N N N N N N N CO
Q a
CC p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 Ce
y CO 7 0 .-.
O C O r
C1 J G O
0
U
0 0 � U) U) tq O to N t() n N C U1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N
C
CO
(t) cu m o U) U) o0 o m o0 o co U) cD
rn
c f- E o Co Cn to to Cn to o to to In If)
C m .r.. N N N N N N N N N N - CD
Q Z C • C9
O O CO N. t` n n r` N. r` N. r` n o 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 CD
N. In N CO In to LC) U) u) to NV
C p CA Nt <t Nt Nt v NI: V V;• �t - N
o co co ao to CO o co Co co co co
r J Q 5 O N N N N N N N N N N CO
r U,
O tt
• z
da
0 ooln CO CO COmmC0000000000000000CI oo U)
aN
m m = ')m C n
ca
a 000
d! CA c
G G Cam) t0 C 0 o
co co N N N CO N CO CO CO CO co
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C')
Z a; f- m Oi ui to tti 0 N Ili O Ill to N N
d p c m E-n coaoCoCocoCoCONNCo coNt
aroma a C y m N N N N N N N N N N C)
i �L tO Q C CON
O ,i C0 • C7
m
a d cm) c c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
g C C (n co co coo coo co Co co Co coo co co co coo coo COo COo coo co COg co Co coo coo Co ao co coo co coo
H W C.o m m C) C) to o) C) 0) rn Co CD 0) C) C) C) rn rn Cn Co m 0)•rn rn rn 0) m 0) C) C) C) 0)
,� .4- C cc E m co co Co Co Co Co c0 Co Co Co CO Co Co Co CO CO CO Co Co Co Co CO CO Co Co Co Co Cu Co Co c0
al m ~ U
0 C
C) V tI
�� 'I"' 0 0 CA N N N N N N N 0101 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Y m 'O N7. CO CO CO CDco. CO CO CO CO CD CD
m m F- In n d• v v et v ,t v NI' d• d
m m N N N N N N N N N N
C rt U Z U I
N
I— o 0 0 o 0 0 0 0 0 o 0 o 0 o 0 0 0 0 0 0 0 0 0 a 0 0 o o o
a
0) Co)to N o C
O (
c
Co (O CD CO CO CO CO (D CO CO (D CD CO CO CO CO CO CO Co CO CO CO CO CO Co GO CO CO Co C
O O O O O O O O O OI O N. O CCOO m CO 0 M 0 0 O/ 0 CVI 0 C0 C) N M m '
mrn ~ o.F c`ti (�ic`�imc`� c`tic�* c`fiic` c�ic`tic`ic n%. I.. N- nN.. nnnnnr••nnnN. ti '
J O Z CE N N N N N N N N NN N CV N N N NI
U
1
CO C0 to N N Co CO CO CD CO CO CCO) co Co Coo Co CO Co Co Co CO CO CCO- CO Co Co i
�, N N In N CO Co Co Co N CO CO COA CD Co Co tb Co CO co co (9 co CO CO CO0 CO CO Co CO
O 0 r Co m CO 0 m Co Co Co N m Co V C? CO Co 0 Co m m m CO Cn 0 CO Co 01
5 F- a" v O ui to ui ui ui to to ui u u) ui u) o ui to ui to N to to ui In to Ui In ui
D d N CO CO r n n 1• N. N. n N. t` r• r` h I. n n n I. t. n n n n I• n N. n I.
I-. ZCG r N N N N N N N N N N N N N N N N N N N N N N N N 0101 C(
U
T
C
r N CO d• In (O N. CO Ca O r N CO <t tD CO N. CO CO O r N CO a II) CD N. CO CO C
0 0 0 0 0 0 0 0 O N N N N N N N N N N C
7 O C .-. CT) V) CO CO CO CO 03 C7 CO CO CO CO CO CO 00 Co CO C9 t?) C*) Co 0) m 0, CT) (o cry C7 CO C
C [0 W ter-. C� C� C� 111 C C� C� C� � �C C 111 C� C� N C� CC� C� C� N C� C� C� N C� C� 11
L
T
a
C)
C
Q
EXHIBIT IV
o
0 *di a) a
CO r o
m m
C m (0 O QsN •j 0 co .r-•
B. as ID 0.F
CI. (g CE 4S
_ 0 .0 U Z
F-
0 0 0 0
00 C
m O 0 fr0 1 N
L 5 U d O O O
co
Q m O
J rc
_• ❑ F-
vi
> m p
0 0 0 0 e O m •¢
coTa c0 cD tc) N .!? X r `O
O f!1 m• ^O (O - O •
W L m QI Cd C
O ¢ N N.
,- m cc U [A
❑ 0. J O yc O
u- >. Q F c
F- I F- m.c a o 8 `v
c m m
c 0 m m
I` m N o^) N > a 00
o to. rJ CD
O O Xc0 1- N COcu co
_-a 0 o m _�
m as
0. Z _ z to m co OD CON N m O L CO {-' >
�. O F- Z cV O .0 ..- c) O N
to ',7. U fl. _co. a) m o
C n II s = s a N c
N
m
Qf
m • [0
vi us a)= m a x w co C , 3 �' m
L C 7 *' N CETj ~ v N N N N C S y 5 ❑
C) 2 _ 'p 0_ cc U• Z mcvl co
rn -a m CD
m
C a Q U c o a r o
a1 .. F a o + m o o o c m
N "` C O OLr
~ ` 7 2 c � co co 3 U m 3 0 0 a o
w C Q IW 0 O m X C CO z.• 0 w m ".Uc Q az
o W c co
O 13 C C co CO xtx I— 0 o o 01 tHis:
0 g $ 'd'xao 1- am) C m o Q as- ii 3 Z `o o m
U ., m 0 o o m a c� N
O o 0 ' 0 e Z m 0 fa. .a' > ••-
m
N. m CO a
o m T N co aoi rn m m = cvo _ CO
ca y' O .a O I� a0 � W m m N U m U. m
C 0 0 = N M d' m v U a F- -c,,,
x U o ai o c c m m
IJJ 10 `nift co J 1- a m t- c� o c
1- j c o N m m U Q. .y
L f-- '� c m p Z cu CO m
Am' L. CO m CO cc ci v n m m E
U O m X r N C7 co ot Or i m 'C O" as O. O C U m N
m O O a0 O a m O y N C co
OL 0.1 xp 1-' .V O C. N m V U d m N N O
co W O a�D co 1--- Ow. O m a _c• m xU N l j
O F- Z O O n. L ,a C .C.. l6 C O
N U r m o 3 m am) C o
3 3 CC cn c to
ro •- 0
t-• N O - I.
O
G C II c U
C
0 CD E E o lo
m
a) m
c ca .2 m co)
m o U) 0) U Lm- c
• CO m (U o cn
F'- .0 cd c O U a
C -0O m d 'O
C
m U so E m
'D C N X •— O
W Q n N O L C
2
o c N m m F- F- Q
C
• m Ts
Q L
0 = c2 5
Corporate Office San Antonio Office
• SHELTER Shelter Corporation 900 Second Avenue South 8000 IH 10 Nest,Suite 600
Suite 880 San Antonio,TX 78230
Minneapolis,MN 55402-3325 (210)524-7701
(612)341-7800 February 26, 2001 Fax(612)333 Fax(210)52�7702
8F28
Mr. David Lindahl
Community Development and Financial Services
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Subject: Rolling Hills Senior Citizen Community tax increment information
Dear David,
Rolling Hills Senior Housing Development will incorporate a continuum of living
choices for senior citizens ranging from congregate care apartment units to assisted
living apartment units to memory loss studios. Daily living and medical services will
be tailored to meet each resident's needs. The development will be owned by SCF
Rolling Hills, LLC a dual member limited liability company whose two, 501 (c)(3)
nonprofit members are the Ebenezer Society and the Shelter Care Foundation. The
Fairview Hospital System will be integrally involved in providing medical services.
The development is located immediately adjacent to the Eden Prairie Center and the
Eden Prairie Library with immediate availability of public transportation. Extensive
onsite social activities will be available along with transportation and walking trails.
It is anticipated that the average age for all Rolling Hills residents will be in their early
80's. The congregate living residents will be capable of living independently. The
assisted living residents will need assistance with activities of daily living ranging from
housekeeping assistance to daily living assistance to medical assistance or any
combination thereof. The memory loss residents will need many of the services that
the assisted living residents have incorporated into a specialized living environment
with continual memory loss related services.
To further the non-profits' mission of providing affordable elderly housing, twenty
percent of the housing units will be affordable to people with incomes at or below
50% of the metropolitan median income. These affordable housing units will consist
of 20% of the congregate living units, 20% of the assisted living units and 20% of the
memory loss units. The tax increment assistance makes it possible to provide these
affordable units. But for this tax increment assistance, the affordable units would not
exist. The tax increment assistance will run for eleven years while the affordable units
will exist for at least thirty years and more likely for the life of the debt.. Because of
the nonprofit ownership, even during the eleven years of tax increment assistance, the
annual cost of providing the affordable housing units exceeds the tax increment
assistance. The additional twenty-one years of affordable units are without any tax
increment assistance. The public benefit thereby greatly exceeds the public assistance.
In addition, because of the non-profit ownership all of the cash flow must be used to
further their charitable purpose such as providing additional no cost services to the
residents of Rolling Hills.
The basic difference in rent levels between congregate apartments, assisted living
apartments and memory loss studios is directly related to the amount of medical and
other services that the resident requires for daily living. The people living in the
congregate living apartments can live independently and have a basic service package
and one meal each day. The people living in the assisted living apaluuents can not
live independently and require a combination of daily living services and medical
services along with all of their meals. The people living in the memory loss studios
can not live independently and require a combination of comprehensive daily living
services and medical services along with all of their meals. Types of additional
services that are provided to assisted living and memory loss units include:
o Daily living services such as bathing assistance, dressing assistance, toileting
assistance, grooming assistance and other services are provided by Covenire
staff in the resident's unit.
o Medication reminders and medication administration will generally occur in
the resident's unit. Medical conference / appointment will occur in the
medical offices. A whirlpool tub room is also available.
o Recreation and craft activities will occur in a specified room or area and will
be supervised.
o Transportation services will be provided to residents for medical visits.
The Rolling Hills staffing reflect the extensive amount of services that are available to
Rolling Hill's residents. These do not include the medical related services provide by
the Fairview Hospital system.. There will be 44 Covenire full time equivalent positions
- on site. There will also be licensed Home Health services provided on site by the
Fairview Hospital system. The FTE's are as follows:
Administrative
> 1 Property Manager
> 1 Marketing coordinator
> 1 Administrative Assistant
> 1 Receptionist
> 2 Activities employee
Nursing
> 1 Director of Nursing Services
> 4 Nurses
> 10 Certified Nursing Assistants
> 1 Memory Loss Services Director
> 10 Memory Loss Certified Nursing Assistants
Dietary
> 1 Food services director
> 3 Cooks
> 3 Dietary Aides
Housekeeping / Maintenance / Laundry
> 3 Housekeepers
> 1 Maintenance person
➢ 1 laundry person •
The following chart is a summary of the development's unit configuration with the
rental ranges.
Congregate Assisted Living Memory Loss
Apartments Apartments Studios
Number: 33 - 1 bedroom 4 studios 14 studios
42 — 2 bedrooms 39 — 1 bedroom
10 — 2 bedrooms
Size: 1 BR 753 to 816 Studio 400 to 425 376 to 462
(square feet) 2 BR 980 to 1100 1 BR 551 to 603
2 BR 850
Unit > Full kitchen > Full kitchen > Partial kitchen
Amenities: ➢ Washer/dryer (often not
➢. Gas Fireplace useable)
> deck
Market Rents: 23 - 1 BR $1200 4 - Studio $2400 12 - Studio $3500
37 - 2 BR $1650 27 - 1 BR $2600 •
10 - 2 BR $3200
Affordable Rents 10 - 1 BR$616 12 - 1 BR 616 2 - Studio $616
(1): 5 - 2 BR $738
(1) The affordable rents are for housing related costs only excluding medical
related costs. Medical related costs will be paid by a combination of
insurance and the non-profit funds.
The FHA insurance requires a complete market study for the financing to assure the
market rate rents are achievable within the market. Enclosed is the executive
summary of the market study that shows there is sufficient market depth and support
for the Rolling Hills Senior Citizen Development.
In summary, the Rolling Hills Senior Housing Development will be a significant asset
to the Eden Prairie community. The development is financially viable and, with the
tax increment assistance, creates at least twenty-nine affordable housing units for at
least the next thirty years. Thank you for your continued cooperation. If you need
any further information, please call me at 612-341-7810.
Sincerely,
Jay Jensen
Senior Vice President
I. EXECUTIVE SUMMARY
LarsonAllen Financial was engaged by Nichols Financial Services Company to conduct a Market Study
for a senior housing campus in Eden Prairie, Minnesota. This Executive Summary presents key findings
from each section of the report.
Project Description and Site Analysis •
rT ■ The project, known as Rolling Hills Senior Housing will be built on a parcel of land on Prairie Cen-
ter Drive between Rolling Hills Road and Preserve Boulevard in Eden Prairie. The project will be
owned by a Limited Liability Corporation (LLC) consisting of Shelter Care Foundation and
r
Ebenezer Society. Ebenezer Society is affiliated with the Fairview Hospital System:
• The project will consist of a total of 142 units: 75 congregate living units, 53 assisted living units
and 14 dementia units. Twenty percent of the units will have rents that are affordable to households
[.z
at 50 percent of the-area median income.
■ Rents for the congregate living units will range from $1,200 to $1,650 for the market rate units
($1.47 to $1.59 per square foot) and $643 to $772 for the affordable units ($.73 to $.85 per square
r" foot). Rents for the assisted living units will range from $2,400 to $3,200 ($3.77 to $6.00 per square
E.: foot). Rents for the dementia units will be $3,500 ($7.58 to $9.31 per square foot). Rents for the af-
fordable assisted living/dementia units (exclusive of services, which Management has indicated will
r' be paid for by private insurance, Elderly Waiver and Alternative Care Grant funds) will be $643/mo.
• The site of the proposed project is a very good location for senior housing. The major strengths of
the site are its proximity to retail and community services (notably Eden Prairie Center and numer-
ous other retail outlets within a few blocks)and very good access to major streets and freeways.
1' Demographic Review
• A market area was defined for this study that encompassed Eden Prairie and the surrounding sub-
urbs, as well as three zip codes in Bloomington and eight census tracts in Minnetonka.
• Population, household, and employment growth have all been strong in the market area during the
1980's and are forecast to continue at a healthy rate through 2010.
ry • Households, the most important indicator of housing demand, increased by 38.0 percent in the mar-
ket area during the 1980's, with projections for an increase of 15.0 percent through 2000 and 9.5
percent from 2000 to 2010.
r
L.,
• The total population in the market area increased by 24.9 percent during the 1980's.
f • From 1980 to 2005,the market area senior household base is projected to increase by 122.0 percent.
•
• In the market area, 11.267 senior households had incomes exceeding $37.300 in 2000. enough to
support independent living.rents of$1.552 per month.
LarsonAllen Financial 1
•
• Seniors who own their own homes have an additional source of income from the investment poten-
tial of the equity in their home. 69.1 percent of market area senior households owned their housing
in 1990_
• According to the Regional Multiple Listing Service of Minnesota,the most current(January—June
ri '•. 2000)average sold price in the market area was $281,450, compared to $196,831 in the Division III
Total.
r-:
Senior Housing Market Review
•
• There are 14 independent/congregate projects in the market area totaling 1,739 units. At the time of
-• research, 11 vacancies were noted (excluding projects with incomplete vacancy information). This
translates into a vacancy rate of less than one percent, far below the 5.0 to 7.0 percent level consid-
r
s" ered normal in a healthy rental market.
'■ The most abundant independent/congregate product in the market area is the Congregate/Optional
Services buildings. These projects account for 826 total units or 47.5 percent of the total market area
units. There is one vacancy within these seven projects.
: = • Five of the 14 projects have an entrance fee or share price.
k:s
■ There are 13 Assisted Living projects in the market area that total 982 units. Excluding Sunrise of
Edina and Heritage of Edina,these projects have a vacancy rate of 3.9 percent.
• There are 8 nursing facilities in the market area which provide a total of 687 beds. Current occu-
pancy of these facilities is 99 percent.
• Nine senior housing projects totaling 750 units, are being planned or are under construction in the
market area. Of these units, 575 are designated as independent units and 175 are designated as as-
sisted living/dementia care.
•
Demand Analysis/Penetration Rate and Conclusions
• Demand for market-rate and affordable independent/congregate units,market-rate assisted living
units and market-rate Alzheimer's/dementia units was calculated for 2000 and 2005 based upon the
proportion of the age/income-qualified market likely to move to senior housing using several alter-
native minimum monthly rent levels. These minimum monthly rent levels were selected based upon
the subject project's proposed rents.
•
• Demand for the proposed units was measured by calculating 2000 and 2005 penetration rates at the
selected minimum monthly rent levels. A penetration rate of up to 30.0 percent is considered ac-
ceptable in the market. The calculated penetration rates for all unit types were below this level by
2005. •
'
Larsondllen Financial
■ The 75 independent living units are forecast to reach stabilized occupancy (95 percent)within 8
months of the opening of the project. This is based upon pre-leasing 30 independent apartments (40
percent) and a net absorption of 5 units per month. If all of the other pending independ-
ent/congregate buildings move ahead and are marketing at the same time as the subject project, ab-
sorption could potentially be extended by 6 to 9 months.
r
z ~ • The 53 Assisted Living units are forecast to reach stabilized occupancy (95 percent)within 11
months of its opening. This assumes pre-leasing approximately 20 percent of the units (11 units)
F' and a net absorption of 3 to 4 units per month. If all of the other pending assisted living buildings
• move ahead and are marketing at the same time as the subject project, absorption could potentially
be extended by as much as 12 months.
• The 14 Alzheimer's units are forecast to reach stabilized occupancy (93 percent) within 9 months of
its opening. This assumes pre-leasing approximately 15 percent of the units (2 units) and a net ab-
_; sorption of 1 to 2 units per month. Please note that the lease-up of the Assisted Living and Alz-
heimer's units may overlap slightly due to residents' needs changing over time (i.e. a resident may
enter into the project needing assisted living care and then change over to Alzheimer's/dementia care
' after 6 months time).
r:a
• These recommendations assume an aggressive and professional marketing campaign will be con-
ducted beginning at the time of occupancy and that no additional product will be coming on-line in
the market area during the lease-up period. Community development plans, floor plans, and a list of
services and features should also be included in the marketing materials.
• There have been roughly 3,100 to 3,200 discharges of persons age 65 and over from Fairview
• Southdale to ZIP codes that comprise the market area. If only one percent of these discharges were
': to move to the assisted living portion of the project there would be 31 to 32 residents annually from
these referrals.
cq
r•
r .
Larson.-Men Financial 3
CITY COUNCIL AGENDA
DATE: 03/20/01
SECTION: Public Hearings
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Donald R. Uram Lois Tobias Addition V I(
Scott A.Kipp
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Preliminary Plat of 1.4 acres into 2 lots
Synopsis
This is subdivision into two lots located at 9140 East Sunrise Circle.
The Community Planning Board voted 6-0 to recommend approval of the project at its February
26, 2001 meeting.
A Developer's Agreement is not recommended for this project.
Background Information
This site and surrounding property is currently zoned R1-22. Both lots meet City Code for size,
dimension and setback requirements. The existing house is connected to City sewer and water
and will remain. City sewer and water service stubs are available for the new lot at the property
line. No tree loss is proposed with this project.
•
The plans have been revised to locate the well and septic system. The septic system has been
abandoned.
Attachments
1. Resolution for Preliminary Plat
2. Staff Report dated February 23, 2001
3. Community Planning Board minutes dated February 26, 2001
LOIS TOBIAS ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF LOIS TOBIAS ADDITION FOR AUDREY SIMONS
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of the Lois Tobias Addition for Audrey Simons dated March 7,2001 and
consisting of 1.4 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in
conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 20th day of March, 2001.
Jean L.Harris,Mayor
ATTEST:
Kathleen A. Porta, City Clerk
2
STAFF REPORT
TO: Community Planning Board
FROM: Scott A. Kipp, Senior Planner
DATE: February 23, 2001
SUBJECT: Lois Tobias Addition
APPLICANT/
OWNER: Lois Tobias
Audrey Simons,Power of Attorney
LOCATION: 9140 East Sunrise Circle
REQUEST: 1. Preliminary Plat of 1.4 acres into two lots
3
Location Map
Lois Tobias Addition
..,-'iuF,.i' • _ ,i,�.vr�: -ils i + .9' • .,ijl� 'xtEa ,; a '14•4 ,i,..
-^'L'F �iQ � i k' E"tt Ri:i � �- � " u�.Y^"�,�,I yQt• {:3t �I�� �3F4�r"'Y:%a F9Y'�irA"� 1� n+ �.' :%{.;t- �{
+ .,:reHl Pi. ,. %:1:d1 -k'i �� •... tTT�..-t - .. 14' t r`.- .'- :i
1 I- —i•-1 r • .Y�{s -
i ' f�{.1' :� '•� tY ! I�+ k7 ig uu 1LIi 11CCJ�"' I r ;�'j1s
ii s 7 i. ,'+ � 1. � si 'r _ rtlw ill W:1 +r. VY r°r;..: r
Ad+ a Ati 3 tI 11}i "- : f + a€ � { t,��ifi -+ �k'
L.
y iV r - :~, nr-i o14,,to,'!t
. :. '4,k1 f I '' c tl{ -'.M_'•Q;s ;- Ia1!• IN " .:fc,:" •.".� q � r. +i+ ' _S kf!1 r +({ !�y;a 5 y( +) , ,-+ 'tr ( 1-+=',fill, ...„It �1 E -- : tr k - i
\t# +' I !' "...'.�i -,€" 7 .tY Pjiti r!:.-. w -i 1 a' ,,E.r -, xa: tx a-; + .c
. i CI ¢i:l ; r r F 1iii 11,1_ 6 r+n gq�I 4 r +I'- - .z i•-y • n v z ;+
'` . \ f} ? <c �t :Q 1.- r-f r IY I,- .f 4:0 i.t 3 Y. _ 3.f t` ' '+ a :f _
I d• q : 1 f 11 :� Yip •xi t• /.'� �i1. +4� {! Id s' ig I,-7 :. '1 Xt, C1 fip"l t, W
i .`++.. ;i.' . �, ii d 9ES�- i!. [ C"t.1' ' i + C Q I.- F -l}`i.ay.- ,
,k� G ?� t 7�rt � V." J�'1t a r " 1 q:i iN*c + I:S 9a F,:!;.-1
-7 it
"� 19+ +�T• 1 +"h rf:� � + 3 i 11. 11 �' -k� � r.1 i ,� , dib tyw.+cl ��At��y"- i
1 1 /1'
k , ' fi {, a.r r1 1 9 .. '(.: 1.0.,.*.i i f Jriill - +t f FFFil .I . r' ! ;i M ,,D . •k:ld „1.-f.ib r 1f.: ilk i !, 11ii ,,S s�u��,1 k� �-rt '1Y:, '` is E ..
• i,ge�l tF } 1E K� � t;� tl1!1 t t 't ff *e'P CClj' c `dY xei $ max,r•.a+ 1 , R a ("+% -", t I x i 9 i{+ {' ,l,1; I,� i 1 [ Er.'',,!t :'! +r r t',x{"tz .,
,tl + '� L e Y fd + 7- i� .
p�>y; E wf i° =a ' ��� � �� k t��f �i ' x a " 3'ti , $`� a_ i(f b � 1 j;
t `:£' i 'j+ i r n'N i*'i C 1 .•r i t '`'j. ' 1 � Q"4 't ..4 t t •: � Ih 9 r -
�y(k` rC! I.( b i , 4 ,+,+ + , 7.if, ! t .,"- !��. " +i c+ !t ��. r G" 7 ¢1
G. t 1 4' (� 9 f T_ y ti� .3 '� 1 tt s
' ( nw 7 ', {+ +. V. ''' V .t:3 ,I'd + - Ir r G '2 ;4 7` 1 -i-t
f•i , ,,t +2y 1�f,� 'r x ( >i i ,.,- --�T e. �' L bq •
' +jl i� t :I( 7+ 6 E .
PI ik F 1 tg 3 [E I""�— 1 1 Y 15 ,7� rY t�F"'gy.{�+y .
+ a Y r r 4,1 ,9 rx t 'I ' -' \ I a i ! f ..,: C.' Y-,N.
r I " t� N i '
x ;- T "; i �d- i t }-`__. i t (- (# h I' Tt I {ri a .Y), t e s
-Of :; #c�t: tS 7:j. � + i I' r J.1.r p^. i k' z F-, r } i , , � :{r x.- f' - -�'2� i ik f r
• tt " 1 � I i 't 1 � I � _
'� ma's* (� , 9r F-(, � Z qT r rS-3+�1 I"# . ! i f.[y s " .'C'-rc v •
I 1 ,rr ; i-: �' '1 £�.
a r ? �i- G1i x 4 y t ? f,1y a f 1 t t. 't 1';� >~.
i i( 1.'i+ §I • yI}#j.'4' ,f 9 HV: # 1 4' - + i," '�IIF� _ y�yr
7 lie-' '"'fti''fy' 31 Ji1 _" p,1. { 3 z + N pp#+- .-7, ! ` a i, l ' 4 f'I '' i% li! � P • C. +" ! +( .. S
irt
Q �#r'r � ,.�€I1.1 'j: + 3�3 S -a �"I}'..t=4' �x�• �I , � S�' P a� `�� • 4�,y 6i i,�aA it3 i 9
, k r. Fr-. e I � r1.1 �:ru!; t1 - .•i � l t 1 +" � x ,r i l 7, r ��6i; ?
. a �"Y i . �'i 6 " , i 3x ,, ,:o 4,, , 'i I 1 i ,i i. .t.il T
ii. �'f 1 4 �R Y I dE�} �Sr'+x -'$ .� t' + i ^!Ig X
-i i I i` i � �. i �11 �4 1.r � r
l: G'` l$$,, f{i i �, + ter• 1 I� y � I x � t! � sn 'f r e ,�, " 7
} ors' i p ! l t,-+I f i' ., { f 7q_ : R 1 a'!"'�•
:�Fl 7+t'( ky� f �� + � ���i � (`, � 3 I {'���f}�� ,� � t_ +j� 7 ��f� }. i�:.-.� �r ram' � 1 t�� � ��t S t � �� -s
"` i x v' :k ' 4 tK 7p 7R. n S3 ttli �1 `-1 +f, . i x ' . -.
1 * ii: I 'wi 7rfi 3 �" ? I w.
l- . f n 1 I i, :r r t l`rt a 1i; j* i! € i {{ ' t I ?`i' :, „ ,�'';X
=5 'k • '!`'t '''u ,, i '^ nLJ
, ;c Y 9 yy / Ha '":, II ii 'ti . 0,i1ltr+ s:b"
i � I31i�F Fj " 11 i; {•'1 Pi i+'lp
T,++t9xt ' `� ft i ` i yI {74 ` Cr'
y, k k k �, i V,,„ _ T ! 9+ K
p9f�1� �.'"t ( ,.!I 2 �.-(i.r; 5 ✓1 , Ir i x , � ■-'� I � ...;{..r:r'. { ,q' .t . s' 3 rr� 'l3k'`1S rt) -`_
. �y+ �`�i p �;`;' �� i} t j Ka is+'q t�'�q 1 � i �x 1. S' ea+ �,r ;+y '-t �R _rq'''�� s- � � �a
it
+i; I' .- !i:--• i ,Ir i I I '.1' a 1 "Y:i' 4 t�3 it{ x3 + t ,.:1 fy' t y`�p..,F• 3 j i, •.t�. S +, t h rrr -
-- �t r- s ,n .c1 Ife1• '1 ; 1:* 1 e ( A - +{ i14x .* n'+ &. r`-- -d
; � � � (i •i � �q i.r4 p�i i�€ a + i. 1 _ a y�: [1s � �, � " �Y�,_ rd;! G .�
F • ri� f�l i - I wA i� 3 3'3 s .�d'e f�>�' -� 4 j �� t�-�Ott- �,Ti '�1�� -
,� -1 F 1�'C 1'i. t. qJt a.- t iT F �'i, 4 1 > 1+ 9 . `
ir, 4Y �} ��; I� ..� i � " , a 11 i� a '�,..,,- tip ei y 3p64 z R 1 y -i• �(t-:y- 3 4 .r. 1� 6.� i ,. '1# r. € Ai i"' ' -X q a_.
3 is. + • ,j 1E � i f -I1'i ( Sj • �/ A
"#i' a '; 5;}k ` #i �� I - . ''_,i.��_ r 1 ;Lti, r { 1 i : { ., If �, d Q 1 q •t x:
7 ' ., �`YJ Pr•I z i 104� "� L • k v•` f ii•-i4 •. Ia . ,rI.:-',1' r` { I+ t.3J rr :i .� A Q
-a, F + h � t �i � Ic.� � a {��. aCly {k. 1 ? � �d-'{ � ix+.� p�Ji�.��� �� �° %a t'� ,k�:.
IiiI I j s t 5 i{ tl �r.t _•f i 1�+ f t +
1 `i � # 5# A { �i I ,$` 3a +� It r f r f 3 a + ".�' 1 -'�F''-�J 'rL..J p5 L•
t
x i � c p�y" �Fi � 3i� V Q Ilr{ .4 1� d i • "f t .
i' 1' I .• ! A �3 ,i . i x .l v •_ _ -�+ �,• �e� y � tt �Y�..1" 7,i r�`i g a+ �J �`Q� � �� j` ,{�K ' � f1��yt+j �} �+.. i � 1 q 1 1T
' " t 1 x-� zi 1b 4 1 > f-o t'� H ,, i ^I'{"+, :tS r t q•, ++:', x }
# tt 3 , , f }r7/ r 4 a}}tIt z•1 ill Qr r • �7 't • }•+ v..t{ t
�. - i!'} u% 4 , f i• 1 tx ` E 1 (:1�� ' � ! ty°'
•
".�" , � Q t i'''p a' ! 't. � �l Glff _ X xt j 1 t ,I . t"--sS
t - i x �+ "" �y i r.,'{4 rl1�1�'!_ ( _ 11' 1' ttt �"11 V, pal ! J i +11 1
,1,..,111, f 1�., :I 1 iRr } I I'i�•. i= r 1 { ":h t r { E $1 t %, k+- J, +:Q S
5 . I -FF fii L. Y j 1 -
I -,'��jr� c + ( y f .�1 r..3 ,, f , % _ ` 1 i i i1 -:', r •• ` / ;'faoi i .1'
x l,f
'� ' E.:;::-13 ahs. 1 x'" I , ,. �-.1. J% / '`' . . d{ 41 _ 4'1 _! �I 'I / #_ /i. .'7 '#
.- } + 1 fJ'I s-Rqk t '`;-... may' -y yi• .' i t , I. a'{.. f�f •* A 1 I . .a .�
�k+ + r -t + - f- F •;! lip
Y li �,y,i1 _ •• V. _ c>
'' 1 i��+ 1.'i5r 11I" 4 - '' r; �h"„-. ( \ � .' 9 `•k. ' j`• v� C•
;'t+r^ti k:
+ y ;�: '+� _-" r41+,I I .ti �� .% 1 ' ., ' `-"� I'i;'--.. i �!A'� ' I' ..#. y'.y ".I L" .i.,. 4
} p + f' tt Ai + t i
,k i �fi "Ill
( i � `4 ! 1. a�"` "I a i i ' lr� i y + S ( i. .r" �r • •t r n ',"p qq° 1
loll
yv I 'is. i 'Q q I.�i 4. i�'t y `, +t -1.'
if 21I4M41 i y ri- ii �''�-,� F Alt - it ' J ! Y1 {} ; "• Yx
ft5 i � + q??�• : r (. {t ,t t 1 + r1 T�i \�`{�+ g i 1% f i N 14,
4 t + +B
i ( 33 F•i }' T i a S4 t ' w_ ( .y,9 - ' 1 f' +c a it j
Ha � � 1.:t.F,,`CC`l T .� - �,i. � f�r i' j •r-q 1 '.. T?.�. a xr v I M1 �>!•._
,i•r?,hQ 1 ! !tom} 7 , Ef}f tiiifa a'. i ,7... ` I� !., { i"il 71
i i t {}4 1..� 1=g i iI fiidiy{ "'I a {" " N
rE +R[�1 i F iif, '.'d. .,. ' 'I a i r 4i i _ '��
" EI x7 „Pr..i �' " 1' rt + ,'. I ''..�Irf 'f 4. ;� 9 , It 4 i i1 t i F�{.,,0, , } : 'lu �,,,r 7 i l;"'!'(i ,.Q
•
11 I'!; I• ' 1 ' '-i - ti •_i yo 1rtTi r."Li z� + "l,9 -t. ri,I#:_ #� r . t q$ 4i 4
19i i �. t ?� I 1' I i ♦ t 1 I IS - :" ri ilk 1 '
. C ,.pi p! 1 .rf I , , i ' .. t o ria i ii� i . f I�a i r Iiti { r �� t-
'I . . !, +i11 l)',,.l 1�11' ..: „II' 1 7 t. 1 • ( ." .E . t'4 �i+�� # _ i
1
Staff Report—Lois Tobias Addition
February 23,2001
BACKGROUND
The Comprehensive Guide Plan shows this property as low density residential for up to 2.5 units per
acre. The property is zoned R1-22. The surrounding land use is R1-22 residential. There is an
existing house on the property.
PRELIMINARY PLAT
The proposal is to subdivide the 1.4-acre site into two single-family lots. The density is 1.4 units per
acre and consistent with the area. Lot 1 is 28,526 square feet and is for construction of a new house,
while Lot 2 is for the existing house and is 28,555 square feet. The minimum lot size is 22,000
square feet in the R1-22 zoning district. The subdivision of this property was contemplated at the
time municipal sewer and water was installed in the neighborhood. Similar subdivisions within this
neighborhood have taken place in the past.
Both lots meet the setback requirements of the R1-22 zoning district.
GRADING
There are 138 diameter inches of significant trees on the property. No significant trees will be lost
due to grading and construction on the new lot.
UTILITIES
City sewer and water service stubs are available for the new lot at the property line. The existing
house is connected to City sewer and water. However,there is no evidence that the previous septic
system and well have been properly abandoned. Prior to City Council review, the proponent shall
locate the existing septic system and well on the preliminary plat, or provide evidence that these
facilities have been properly abandoned according to City Code. If these facilities have not been
properly abandoned, it will be required prior to release of the Final Plat for the property.
SUMMARY
The subdivision of this property was contemplated when City sewer and water was extended to the
neighborhood. The lot size is consistent with the area, and no significant trees will be impacted by
construction on the new lot.
I
5
Staff Report—Lois Tobias Addition
February 23,2001
STAFF RECOMMENDATION
Staff recommends approval of the following request:
• Preliminary Plat of 1.4 acres into two lots
This would be based on plans dated February 6,2001,this staff report, and the following conditions:
1. Prior to City Council review,proponent shall locate the existing septic system and well on
the preliminary plat, or provide evidence that these facilities have been properly abandoned
according to City Code.
2. Prior to release of the final plat for the property, the proponent shall properly abandon the
septic system and well in accordance with City Code if this has not already occurred as
discussed above.
3. Prior to building permit issuance, the proponent shall pay the cash park fee.
Community Planning Board Minutes
February 26, 2001
Page 3
V. PUBLIC H H;ARINGS
A. LOIS TOBIAS ADDITION by Audrey Simons. Request for Preliminary Plat of
1.4 acres into 2 lots. Location: 9140 East Sunrise Circle.
The public hearing opened at 7:02 p.m.
Scott Kipp, senior planner noted the property is zoned R1-22 and surrounding
land use is R1-22. There is an existing house on the property. The proposal is to
divide the 1.4 acre site into two single family lots. City sewer and water service
stubs are available at the property line for the new lot. The existing house is
connected to City sewer and water. Staff recommends approval of the project.
Prior to City Council,the proponent needs to locate the existing well and septic
tank on the plans. These facilities will need to be abandoned according to City
Code prior to building permit.
Motion by Stoelting, second by Koenig to close the public hearing. Motion
carried, 6-0.
The public hearing closed at 7:04 p.m.
Motion by Stoelting, second by Koenig to recommend approval of the request by
Audrey Simons,request for preliminary plat of 1.4 acres into two lots based on
plans dated February 6, 2001 and subject to the recommendations of the staff
report dated February 23,2001 to the city council. Motion carried, 6-0.
CITY COUNCIL AGENDA
DATE: 03/20/01
SECTION: Public Hearings
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Donald R.Uram Woodbear Highlands
Scott A. Kipp
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Comprehensive Guide Plan Amendment to add 10 acres within the
Metropolitan Urban Service Area(MUSA); and
• Adopt the Resolution for Planned Unit Development Concept Review on 15.76 acres; and
• Approve 1st Reading of the Ordinance for Planned Unit Development District Review with
waivers and Zoning District Change from Rural R1-13.5 on 15.76 acres; and
• Adopt the Resolution for Preliminary Plat on 15.76 acres into 31 lots; and
• Direct Staff to prepare a Developer's Agreement incorporating Staff and Board
recommendations and Council conditions.
Synopsis
This project is a 31 lot single-family development located at 9630 Eden Prairie Road consistent
with the Low Density Residential guiding for the property and surrounding area..The timing for
the project will depend upon the reconstruction of Eden Prairie Road and extension of municipal
sewer and water to serve the site.
The project is consistent with the existing airport. The property is within an area identified by
the Metropolitan Airports Commission (MAC) for safety zone B as part of the proposed
expansion of the airport. MAC has made no decision to expand the airport. Since the project
submittal,MAC has filed an Eminent Domain Petition with the Court to acquire the property.
The Community Planning Board voted 6-0 to recommend approval of the project at its February
26, 2001 meeting.
The Flying Cloud Airport Advisory Commission reviewed the project at its February 2, 2001
meeting, with additional discussion at its March 14, 2001 meeting. Three members of the
Commission expressed concern about the City proceeding to consider this development proposal
while the MAC was actively seeking to acquire the property; inquired whether the City needed to
take action at this time on the project; and expressed a preference that the City not take action at
this time. Staff indicated that the project was consistent with the Comprehensive Plan, MAC has
made no decision to expand the airport, and that state statute requires the project to be reviewed
within a set time limit. No motion was made regarding this discussion and no vote taken.
Background Information
The Metropolitan Council approved the City's Metropolitan Urban Service Area (MUSA)
expansion in 1997, but withheld approximately 30 acres from the MUSA expansion shown as
acquisition area for MAC's proposed airport expansion. Twenty acres lie within the Charlson
property, and 10 acres overlay this site. This action was to allow MAC 60 days to provide a
timetable and resolution to acquire the property otherwise it would be automatically included
within the MUSA. MAC did not meet this requirement. However, the Metropolitan Council still
withheld the 30 acres from the MUSA expansion. Since that time, MAC has obtained authority
to acquire the 30 acres therefore there is no reason for the Metropolitan Council to keep the
property outside the MUSA.
The alignment and grade of Eden Prairie Road adjacent to the project may require changes from
its current alignment and grade to meet design standards. This may result in additional right of
way dedication necessary, but cannot be determined until a preliminary design for Eden Prairie
Road improvements are developed and adopted.
The preliminary plat should be considered conceptual with regard to Eden Prairie Road right of
way. When a design for Eden Prairie Road is adopted the preliminary plat should be modified to
incorporate all alignment revisions, right of way dedication and easements required for
construction of the road.
This project is consistent with the existing airport. The site is located in an area shown by MAC
to be acquired for safety zone B relating to an expanded Flying Cloud Airport. Safety zones are
to protect the approach corridor to the runways. These zones do not exist at Flying Cloud
Airport because MAC has not adopted the zoning authority to enforce these zones. MAC is
addressing the safety zone issue by agreeing to purchase or condemn affected property. An
Eminent Domain Petition has now been filed with the Court to acquire the property.
The Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise provides
noise exposure zones for evaluating developments. Single-family residential is considered
inconsistent within noise exposure zone 3, and conditional within zone 4. Based on the
Metropolitan Council's existing noise exposure zone map,no portion of the property is within a
noise exposure zone.
The development will require a waiver through the PUD for cul-de-sac length of 620 feet. Code
maximum is 500 feet. The additional cul-de-sac length is necessary to provide internal access
for all lots. This waiver may have merit since a shorter cul-de-sac meeting City code would
result in some lots having to take direct access to Eden Prairie Road.
Attachments
1. Resolution for Guide Plan Amendment
2. Resolution for PUD Concept Review
3. Resolution for Preliminary Plat
4. Staff Report dated February 23,2001
5. Community Planning Board minutes dated February 26, 2001
WOODBEAR HIGHLANDS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2001-
A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has. prepared and adopted the
Comprehensive Municipal Plan("Plan"); and
WHEREAS, the Plan has been submitted to the Metropolitan Council for review
and comment; and
WHEREAS, the proposal of Woodbear Highlands by Bill Bearman to add 10
acres within the Metropolitan Urban Service Area(MUSA).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to
Metropolitan Council approval as follows:
To add 10 acres within the Metropolitan Urban Service Area (MUSA) located at
9630 Eden Prairie Road
ADOPTED by the City Council of the City of Eden Prairie this 20th day of
March, 2001.
Jean L. Harris, Mayor
ATTEST:
Kathleen A. Porta, City Clerk
5
WOODBEAR HIGHLANDS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF WOODBEAR HIGHLANDS
FOR BILL BEARMAN
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 Woodbear
Highlands PUD Concept by Bill Bearman and considered his 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 March 20, 2001.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Woodbear Highlands, being in Hennepin County, Minnesota, legally described as
outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
dated March 9, 2001.
3. That the PUD Concept meets the recommendations of the Community Planning
Board dated February 26, 2001.
ADOPTED by the City Council of the City of Eden Prairie this 20th day of March, 2001.
Jean L. Harris,Mayor
ATTEST:
Kathleen A.Porta, City Clerk
`�1
Exhibit A
Woodbear Highlands
Legal Description:
PARCEL 1,TRACT 1
That part of the east 815.00 feet of the Southwest Quarter of the Northeast Quarter of Section 29,
Township 116, Range 22, Hennepin County, Minnesota lying north of the south 660.00 feet.
Excepting therefrom the north 40.00 feet thereof.
PARCEL 1, TRACT 2
That part of the Southeast Quarter of the Northeast Quarter of Section 29,Township 116,Range 22,
Hennepin County,Minnesota lying north of the south 660.00 feet thereof and west of the centerline
of Village Road(now Eden Prairie Road), according to the Government Survey thereof. (Hennepin
County Certificate of Title No. 635143)
PARCEL 2
The north 220.00 feet of that part of the south 660.00 feet of the Southwest Quarter of the Northeast
Quarter of Section 29,Township 116,Range 22,Hennepin County,Minnesota lying east of the west
661.00 feet of said Southwest Quarter of the Northeast Quarter. (Hennepin County Certificate of
Title No. 757266)
PARCEL 3
That part of the north 220.00 feet of the south 660.00 feet of the Southeast Quarter of the Northeast
Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota lying west of the
centerline of Village Road(now Eden Prairie Road), according to the Government Survey thereof.
(Hennepin County Certificate of Title No. 757264)
WOODBEAR HIGHLANDS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF WOODBEAR HIGHLANDS FOR BILL BEARMAN
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of the Woodbear Highlands for Bill Bearman dated March 9, 2001 and
consisting of 15.76 acres into 31 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 20th day of March, 2001.
Jean L. Harris,Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO: Community Planning Board
FROM: Scott A.Kipp, Senior Planner
DATE: February 23,2001
SUBJECT: Woodbear Highlands
APPLICANT/
OWNER: Bill Bearman
LOCATION: 9630 Eden Prairie Road
REQUEST: 1. Comprehensive Guide Plan Amendment to add 10 acres within the
Metropolitan Urban Service Area(MUSA)
2. Planned Unit Development Concept Review on 15.76 acres
3. Planned Unit Development District Review with waivers on 15.76 acres
4. Zoning District Change from Rural to R1-13.5 on 15.76 acres
5. Preliminary Plat on 15.76 acres into 31 lots and road right of way
Location Map
Woodbear Highlands
� � i�p
,.�1�® 4,• ,, J.: , 'tiw '1S>r; 1 i 1 .• �,
• t r. 1.... }k,i $. ' I µ , •- .• • , •h al{ •i t t4� !a d Y' • 3�t 1 ! �e`t ,i i i
ir.+� �jY 'x �r r ® r I Y I �• ✓r�, I,n ' ., .� j
•
�,', {. K '� ` . y i, I �X-g a ' ,,ir „, 7 -i1 R.lou
� • ...„,,,,,...,1. �I „. t s .�,.,.J.
+'.,„ i„! t r•if,1' Ix ilk r ,:I tf t y µk r.4„ (, ; � rE•' r. Y • Y. ,�'� ••FT+ : . ,• t. t�g;�r' .., i x�' 4 f
I.I rtix: t p ,i ' 1,1, S f 1, 13 '1 iit.. ��l', 15 t 7i]'{; ip+ r 1 ' f �' t:, �3,"}'p `'1' rt e
f J1 iH�- �.+' ypprl�y; I �' r _...,. i,1 IIHA 'i 3 ,'rllt �r
1' � :�,>(x' 1� .�_� .7 1 N ; 11xe, l
�. ri Sid " � ir- t
� , PI � �✓r.µ�t �i��1,I�,is, �,1 � J
P , , • i' r ff, , (� >h c � 1'1 � '� i f}II
11th
1 ' �p '.''1, M .• >. t I f. y,i 8 i� .1 ,F - y ; wF '�� N ✓ rrg!r . tf ' • • 'a k411 '< deal lr rft • ,' l i •. x • •''�'Jli
N'-" r � ;;lt' i j ' f$®� i►i � ¢ f f riS , ;•� iQ � ..d . � +ld �'" �11�: �.h � i p
i #• j3 E+Lifr� J:, ! 1i1tit,C (7 • 'W 2 4 ! li
? : i 1 r u / h{ gya Ik ', '�` pry
' t T`+y, ! a i I w;;• 3 i+ rt r e � q q!, { 9 r7 A
!, t 't 4i1."^! v(kit' I ('�Ipr •y� : ( 1�,i - t ` i:�a¢t 6( ., •(i ,t. S�
, tt ' i1 } , "r� 1Sr: '1 P ~h SFf 1( F ' jr ., 1 •�.., - 1 / YY�"f S1� 1,F `,', � t t a
+I �� r a v'6 k t , A ,$. , Ir. ., , n tC, 1 u ti' 't`r.�'` ,,,.
j� i� } 4 v t N �� �t{+ it:f F 0 � '4Yl, iJ tli 1� ilf. l' iffk. , i�t�t^ •f n It
Y gy �l, 1 , 1I ,I -•i>f� I': F f ., ° f t.1 ;�, q. �:!, dJ•: �
• 1{ ( t* t k 'r n• i .,, j n i a i+ r 1 t u
MI ;;�k„ tls �y ;h� m 7 i, � F " vw� I� cif �,',` },; 1 � 1 ',yt3�, � ! � + �! �� ( i• ,
„ 15i ., f1 .. i) �Ls,": t �I t ,,,,It �13 d , ''1,� ;tt ,y./.9 0r . { t 1 f S.' ( ��i'fi. �' i : + ;,
illn + 7 )F ,! S ik r .1q I '}{ J 1�'� 11 it ,, k k M
'r i ffy ik :� � l :,I ''1 { d tq ,� ,,i ( I, '' '' 1. 11 r 1 s4 1 ti v , -
19 -. ( x J ae , t^ 1 •
No 1pp , i �' I I 1 �! ti v a
1 r t1;+;,4F'11 L.;,,-•r.,Y I yi, o, i i ,Po ti ri ,, ki':{ 11.. i .Et.;!,< 1 i i ,S1 , rt I,rk�i 'Ig z �. •t i'.
�.0 �---y �( � , f1f� ! � I� r'L , � <;�.x � , �k,;; a r�. , , t'� , r f J
11 y� {�I:TT„ t /ti •i1� d, t,
v . (i+ .d7y w.._L;� :,,j • - .r• '1 j.'.5' I !l (,•�, Ir i .4 r • � { .�� '+ •k r -Itit „•'S,, i�rf"i „t,
•
t� r ,� ,u$k q 1 Y f $ 1 7 "S , / t d fl
Tf tiF �/ „�A 11:,.4'✓t 9.' ,.y,oil q , !( i q r �9 (,{. 1 H,1 p7 ' 'I ' 1. a , , 1! 'I i F 4 i 1 6w1 F b 1 !i� Y � ' 7 f I a '.,
*�. y 1' '� � i '! ra ri.ti'r..,'14.,,I,,..1,51i!'''•
l �q, t� I�� ��� •�I ��t r � �. �• ���ll�.� (�. Ilt +�t ���, . .4� ' �°�� ':�i � � 1 ,��. id, .( �lEj �.,�i rr . �i I F � t r{, (,ly ' i ,� � l,.t�+� �sl . 44..:�,nk }�'r. u�' ,,�4 , hIi , s. .0 .,./ r.i a ,, , tt y7 '`7�K(', y"�t t. �)�(.� , �ia.f:�,� � i �. [�k�. 7,t t � �,. k� at{�! , f �, ,1 • �� �, k) 16��_.� �I�ir''' �� y< .I !.�l�fic 'Gi'� l tf 1 q,Mr ! �,; i. I� t r 3@ .4 - k ii � I, 1'1„1'� ,- ,�, ,ti• I,;.!" ,r i i '�4r �j 9,;$4, i X"'»,.y�k ip ii, !1;'
,'1111 _.A , i7 v..' h1 .7yq+l it ` a,.11I '.�'44 ills, ' • ' '�� ,l i ',,"1,11 ti! x; Ey01 14 it,'. i '•.,.:i . i.!,a; •'I-
! .,x t� ..',yC r,1• 11 t' y .'^� i i, #I xn.>♦fti` ,u{' -,, 1 'e i'tfa� ." '1 yy'i f. .•7 1 i !.i i Px , 1'I' ,1 4 "" �$'wa
t.' k'' ;h51M �1,t'i, :'I'Srs¢ t:.�{�( 1i F i j... Y� :.,,, yyr lo''.' 7 rt, ,{.q �i. F..J�.tiG.�;'�"-.-'t• r , ,Y.,ii,,ti.,w , 1 !'FN4r' 1(.t •
r. Y I t F.G M ?.y .,' r f Y 11 f ` t. i' 41 1 ' r ' i '1' I- �{# + y N F '� ;''F° `l',1
•' ,+ . " ', '{i'1 ,, h t y { i r N 4• 4 , {.,t"rl ,�J .' t� ''' t p �i�eh yq�t 1 yti'! tlf , . n i t a� ° :&:,•�.;�' !{ �'+1�ti,;1rj'�%f9 F� i F � �tli r�1'{r��y i�:r C�}q�i�� ��d: ,yr .4 I ' ��; e�';:7t" iv%( '�'�t[kR �!S" io�{ ' �-I 'll �'''"�r/�
4 "`:" f it F:fy , :. nL ( {,4 1 ,,1 A t3. iit) -"t"~. •FIErM'` / II fi y� rt ~" t ,r" '4 T h #{'t F! + t k "J qV,
M� + 1 ! fr tSF E .ct'. L a {y S t -Y: L ti d y i'Y..i xM_�� = d1,. ` }S A t} 7.1. Y>t� y t `L� kr_S'^'} ty it k , "�If( •.. , ti,„ . ,.0 ,L ��`.,}� 1'''(.....'1,"
4x.I'• rfi•>"fl u' �� 4- a 'ilk. --Y.,'" 3 ''IC{.' t tl 111i.1 �( r
§ t �a ,; i z,'-, '.'. ''t.•'. T' '*,. '. . .." xis'' v9'�' ' f 'Pi i t iv --1 h. -i'4 h i4 M" �, •,,,, y.
i_ i l( i��1 >IS'i I k a i4Lt.;I J� ? t"".16 , ,&f'� 1 tit 1 tip, (t .•a 1'ftr* iB.I`fi 1:>ir t r„ t'a�r�,lt"- "f ', :.r ! r �',
,r 1.f s •:1 o-p ; ,t t ,, .iiv,;; y ,:k .,, d ti{, F+ �;•:,',,-
il� 1 : ( ,, ('- a
3'"• � ��°. ;x�t t"•' � ^'{w z� (Eh .,k 'T i"� � i;i-�.a P fpp" •'��.,' �� � ��a k 4t ;•l=° �,'� 'a t �I i. #� .-ht x +� L�5 p ,i �;;hrl i+
^�,'� S-i ,..1. 'i j: } , s„ (I r[ f 5,; r; ( :5�. 4 } 1 , } I I '"t ,q, .x:
I„6. '? '.! ei,xtli � :iit i ;:i Itl 1, �IIj► $ j.,,& ,r, if,; 1'k .. ',il°;ti i' ii,,::iff f t:! ' .1 t�,' 44.i.'' M� ;" 4 'g ol: 1,, i': ! i�
• � �,p Y vj S,� 9,4. ", F ,:rE� k. F r� ' r� i? � pt y.; f�:� ��. s,, � �I� dE. t
{{ t* Y e'ia, t tr; t& ',4! , p' kI-.Y 1 1 ro vi si i-''k ,At ,,y t14't,g , Y`k•. 1 ` fI' I �' ! 1: �. I't iv.y) }i �. !�{F:"r 1.3(i,': n
ill��n � t'!,{�t r,'{ Sk1 ? '`I 1�t 1v� thr a.� 11,1
�g ���:` � .t � ^i ( t�'A� "i i �i '. V�' � �'t ���"��, 11 P�,S,l.�. 1;
t1. , ,. r}I, ,;i:.1, t�r�E r 1.i',e ;i;', :a; ..I 1, ;,., #,1,,, .k; i..• / rE 3at:rir { +=fr r,ti p'�L'. '--4�"`it I`; �`I+l .,pY. 1k b':,
ffti bb ij ',r4,+•in w,^so i 'ga� d' i , 1 i ,. 1 ) t tk pz.i..(''# ,�,'+ ti , 1� '.: x + 1I
���iy �� 1 .<� , °t ��: 'f �` N" �. '� I I''. � � � ' + t � i Y� �, � rfl��',4�ii '
ir,,i s 4Si )fF 1 'Ld1: .i: 1 W, ,1i1,ifig�} :4, y .' ! (( a ri e b �'.,'' ..,ri , r
f' A,., t, e ew' „14 iF• 00t r ktNK 1 TA i - 3 i thv ',4! k J,,S . t, "F 1 '• '("W1. Y., !
• k;, :€ '' KI r" na �� r• �°}.. 1 �1, ..,i_ ¢.�d i � N�'„ iri .{�"+i.{k (1k� )�h
ueM•'''� •,t i5 s,5 k li j'yrkrn,, ,,,, r t i `i N f 'YYi. 1 ''t{ ,� iii,t x 1� .4' L,it r ,
, i, r { ' . 1 Y , k ro x Ail.e• r 4,� '
'.. isi {N1 ( ' dl : t, i � ���:�ed � ��� ��,i i 1 r, "•Ile ''1 1
G I i 1",, .;€ i. ti i t `r,' • ;., ' ,!r t " y 11,, ' ?"6(a yWs �:
rry .+3r.. y +1` .R ' ' a :+ ''i 1 F '?tµ' ! Y, ,6 y. i;>. fi .lit''' G yi. ..3!. i�
r.MS t,�aa .1�r1 ; •'> �.�{d• r+;." .� ,!fi, Y t 1,�:'t: rc$ wi` "� iil'• k*.
i' -4 .3 I•: sh kr', 1 • tfe° .., r 1 _4 dry, •i1 �' 'hq, i+ i p ':'` t' ,i ,'t,,,l,'A4 'i
11, pp FSf, :$ r. .!. iu 1 r t 'Mti+ .a r. . a . i : .(' J+;,';
.Ir`�� {L �r,t 01:�,, I I.�y_: ,1 .� +fi�jy{ a 2�.[_ e7 q�
't',s� '(f ".i;� S 'r 1 ' ',-, e ice" - 1 & '.li •Pf;,".a;
i�.i.. '�!iN'4! !W rs '�'S'F'� .r�+ { -V.,:�(�1 1 �i.' "'i�'i' i 4 $r !, h.i{�� ��' h, ��jt7«�I' .J
rr ri�11 c y[yir q,i.'•:'' ts: '<t .::,o•�' m','.` r r ,, id 'Egl i L`,ri:4. °' y'' +E,a '.E , r
r1w� �il '�_j.+ "++r:rr l ;' pi� 1p ( ggt: '�1� 1 .., f?i, y 7 l, 'LfiA. a r! !yqt.. �'i' r"'�1 �:
} k.;•tr l b * r`µ. - n 51 y p• o i l >:'i•�' '.1 i:a. ' 1,' >A T,(r' 1.F i" 1 Ii�
l ,(( +'�;t4'", :. . ,. 1T- 1 t . b 111.: ..r•.,,r .,r x .nh fl W;1:,r •o�{y+' 'a ' •d;.M 3 t t .1 t t �i14 '.I y. t ,..R t f! t rA7 .Ke... 1, Y ft,i{t��t i�r�• ,i
,,(. .� fir?�' i ', si .. F, w},. e ;i , h
' i}�,',�:. d G:tfj^. � L� t� • k ! 8 fa''�2,-�` .I �:t: ,�,,W i x't d����y �:��!E _ �llwlwd' `�Ifi'i+�!' + :I" �+
�r, x e t, iC ':r 7.70,., wt 'a j (1 @gyp I r1 Ip�$ sk 1
it" P1i� � ail}}�.i• 1•t1ir5 rf 1�r " y{It' ! 1, I,., !i eXt,} I ,."q� kr ' d fitt p. �s �'IW�'1 t Ai `+I + •
e N f +M1il 9'h$ {.4i r' ti °a I!1 f{it ..,• 1 ':i m i- t t a ' .jl +e'
li 1 f 'I, }1 1 , 'M h n a I ii,1 -. (' 4 q i 1 S.
1 ;,: ( qi} r t ( 1 i I z � a., 1 i '; ,t' r �, fa + s', {; t 1i 11 :+ t t ail` 4 1 1{ 1' i tl r A{ 11 i,• t" f � i �;i,,1, 1y 4,. 11` r t l ii IB� ,r n �1py, ,� r�s ` :��`;7,-:•rI it 't..�' Sy.r , ,` If f' ��i }.. '"•' I '!•' "1 i 9:t A� {,f� (y ,N �! S.A i r4 } + I isJ l , 'ry•p•t,1� � �r � •.*� d ^_� � � 1 i� d 1fi9 1 ,�j �r �:,� i I 1-I t � kl �, ,ii E. �w I
t p t e r •t 1' it, S i:Y'.: , ' ,' r } �h ticy : .f, ,,1:' t " , 1 1i•�
'f ?, hy4 l.�� lnl�-. wk�j 4 yq xE�z�? ! f 1� i, ,in' � �tl a,lA r �i �[; � � .��.� 1f "(F F ',BJ '.•'�,,
! '} t 1 t.r..- tti t{ ..-? r ', 35 .. t i +' +t Xl t• 1 , 4 1 1•0,-,...,. t a,:r. u f3 L # ° �, , "< r,Ji!), , I:r 'tw "iqf (! { yy tit €9}r a t 3 ir'! 1 1 fi q}" nt,.-, I i I+. } ii.• f u Iv -ll i. `^ 'kP 1 f. dN1 il•.. N ' ' t 3� , .'II , 11'I z �vtr I #. UI ,W.L!, t�` S f i ti I "' �r a,yne t" } 9,. �, t .�.i.1, tp q+ `i i1t, ,1"S ;, 1 � p = .��, � x:
` i + (� 'S i �,� i '� � 11X( i i -�}�Y� 1 i, it ! .� .y i � R'` S 1' .. T:�1 �f J�� Y',J.
(f� 1 `"i 4 fF r, .}'Yt i.- 1 e.i f j- 1 f i.44 m-'. 1 4 1 f }•t r i• 1 j't, " $ f t,i` Pa #Y ( k a `,S t.,!, ,::,+....
t i t y@•� B I. t- a- } g
�, +(� ` ; r;''r �ls ! i "Ci Ni "a. ' '' r A ' ''E ( Pi 1� 3 ;':
,. ; ?i
sT, . :t' , { d p' 41 •w dg "a F i:.�! ,.n s • 1(� ?.. it fA It + S , t. ti
I'1% • ?S"1 fl - 'l '' e .r qj '''1 ,t"< 1 - P li 1 , t �'r4 h. .�F �, CA r.i �ri , r' { f. } qx„� �; k,F' r,; irt '4 • 1 •�7'' i i!(!S�Y + k°iII1 •{ 1 , k• (` y ! ! 1
" 1. f Et 'e;:, 'p s,. „ ,; f' i i!'ir,�f1'f iq,•• 6ai • _t `•." i •q $:t'�t{'} . i
�.iN3 i!:il Yl"r it ( of 5 f ;1 #r !' 4 � s 9(i r) Il I. ''' t M 4. } i1ii +>, fich 1''fi_ i' •. i � i �' .
} '•, ,1qr F,1.t i °• `G r e,,F ei r• I I 1 3 11': f • ! ! '' 1 r .� qq'ii a+ 7r, ,!-. -is .'' I ^t !.I.
i ,.',. {{ 7777.lr I*, I..11, �tr , .Eh p1 r, s,� t .. ' c 1 ,t ( �R , r
1 i -1+ a?: '4 ,r 3 ( 1 t,' A I I {' fi S I"✓ n ,r 1 II G t {y(ti 1., i i ,
A ` t 1 t t V 'J.r., �^•.ri' S e Ni ?j"�.,1 p ! , C`•f ( 1:F t q II Trr a: ,' ',y,Nry ri
,, I :,i l u�v4 i d 1�,; + I' q t M �. 'T S�F �y. pp
fi 7 9 1, t4)i, t ! b 1 S .{i - i'x k I' 3 I !d r �'Y r,: i f' f "Y1 7".I r 't i1 y.� 1 4iT
N i x.}.' �1 ,. � wQ yt j t Ie o:,i.1)� S Y �' .. '. ' i ( f . Nr r i, !I r : i n '' !11 n. r �.rtl � 1i .
iii '' 1y { wiii1 Vii s, !ri 1 !i • ,
{ "J'ry y in6't:41E " r 'f'., ,� i 11:yi f � i. I i i Titi it ! f d� 1 # l !h "'N r 71',,,� ,.t '
rss y � p 1� 1. i� t p i alig fl 7 i .1 7 i} + i,t 7 f ' f''
r-', A 1$ a !',if, .,tr i i il� �' t1 F 11j.,_.f f i 1':',• N{ " `p ' i t. ' t I �I ti. 1 ': f y'
',''.'-':'? .''.:•!:}t -'N f 1, ( t 1 'I 1f 1 h• ' rrl t t! y i � �f ,' y. yy! rmi
e 1 1 .1 r , 6 ii ( i Li
�,, {{�1 rr:► 1 n ' e ,yt i,N4
y �^,F�' 1 6 k+suua � - n%et
� p'�i[1 I t�fti � F 4' a (�k� � .7i et ', 71 � ter' I �°�' -! �� 1 F :y� iG'� a�t;�S!`'I+'..
�. A 1,-...j f y', ,:, 11'7"-a„'Fi� :1.} i'�k , 11 p i�'t.. . � ' .: ` ,t' f ' + f,1, {' III�. it J2 � y L. i
I( 1 �
S, ! rI N ^i i 1t i .i t i, . r1 1' o',tL 4 $!,,, e t1a 1 J/' � /'.'• ,,:
'� I itwi,'- N1, 1 +' t 1 E. 1 f5 .: tt r 11 i 11 Jdp t ,4...,a . fti ti
�� i ',ry �t`} I (r + i.F re. it I'' }r 11`,i�,, i I1} !, i he ' ,:N i.i�� S ! I`. 1 1F. 1 �.,i,i
1' t 4 �fi' �+���v1 '�•,! ^fl� �i I �:i I '�6�' r!i; T a � „� i � �. �' � `. � ;,?i��
,, 5,`;� r bF r.• p i t p L'y y •!".• 1•413 { � > . . , t F kli'''' t
1ggi I li� r ���,.Iil 0' '.E `l F 7> tfi tt �rytt,.r,. ! It t aii •„ I ` I•'1, i i!' '1,,��• } y'r1.5 k 1 ,' p# -,,! iil,ii j l 114a+ 1 s , i t ,, 1:`i , g!!*il " 1L 1 k'. ' { y1 ; N ‘,.;•,,,,„.
1. r ':t'' :rli I, ; i, 1 , . x `1r I'! r ! dM... n +t i el y.,
,° + 1�:L•;t„_•r �- 1 !'iYI k.l '�u�bi ,1 ' a k, ...It'°,h'" III %ar. P[.ie._ 'rot..,.0
Staff Report—Woodb ear Highlands
February 23,2001
Page 2
BACKGROUND
The Comprehensive Guide Plan shows this site as Low-Density Residential for up to 2.5 units
per acre. This site and surrounding property is zoned Rural. Surrounding land uses consist of
Low Density Residential and Open Space to the north, Low and Medium Density Residential to
the east, and Low Density Residential to the south and west. An existing house and barn occupy
the property. The Metropolitan Airports Commission (MAC) has acquired property to the north
and west of the site for safety zone requirements for an expanded Flying Cloud Airport.
Purgatory Creek is located to the northeast.
COMPREHENSIVE GUIDE PLAN AMENDMENT
The Metropolitan Council approved the City's Metropolitan Urban Service Area (MUSA)
expansion in 1997. Due to issues related to the proposed expansion of the Flying Cloud Airport,
the Metropolitan Council withheld approximately 30 acres from the MUSA expansion shown as
acquisition area for MAC's proposed airport expansion. Twenty acres lie within the Charlson
property, and 10 acres overlay this site. The Metropolitan Council required MAC to provide a
timetable and resolution to acquire the 30 acres within 60 days of the City's MUSA approval,
otherwise the 30 acres would be automatically included within the MUSA. MAC did not meet
this requirement. However, the Metropolitan Council still withheld the 30 acres from the MUSA
expansion.
Since then MAC has received approval from its Commission to acquire the affected property,
including this site, and has acquired the majority of these properties. Therefore, there is no need
to keep the remaining property outside the MUSA.
PLANNED UNIT DEVELOPMENT
The PUD request is to rezone the property from Rural to R1-13.5 and develop 31 single-family
lots at a density of 1.96 units per acre. The Guide Plan permits up to 2.5 units per acre.
Lot size varies between 13,500 square feet and 30,412 square feet meeting City code, with an
average lot size of 17,714 square feet. All lots meet dimensional and setback requirements of the
City code.
The existing house will remain and is designed into the lot layout.
The development will require a waiver through the PUD for cul-de-sac length of 620 feet. Code
maximum is 500 feet. The additional cul-de-sac length is necessary to provide internal access
for all lots. This waiver may have merit since a shorter cul-de-sac meeting City code would
result in some lots having to take direct access to Eden Prairie Road.
The internal roads and utilities have been extended to the west and south property lines for future
development of the neighboring properties.
9
Staff Report—Woodb ear Highlands
February 23,2001
Page 3
SHORELAND CODE
The property is within 300 feet of Riley Creek,which is a Shoreland Area. Lot 1,Block 1 is
within 150 feet of the creek and is an abutting lot. This lot meets the requirements of the
Shoreland code.
ROAD IMPROVEMENTS AND UTILITIES
Development of the property will depend upon the reconstruction of Eden Prairie Road, and
extension of municipal sewer and water to serve the site. The City is currently developing plans
to improve Eden Prairie Road and extend municipal service to just north of Riley Creek in
accordance with the Feasibility Study approved by the City Council. Road reconstruction and
utility plans south of Riley Creek have not yet been developed.
The alignment and grade of Eden Prairie Road adjacent to the proposed subdivision may require
changes from its current alignment and grade to meet design standards. These grade alignment
changes may require additional permanent and temporary right of way and easements beyond
that depicted on the proposed preliminary plat. These right of way and temporary easement
needs cannot be determined until a preliminary design for Eden Prairie Road improvements are
developed and adopted.
The preliminary plat for the proposed subdivision should be considered conceptual with regard
to Eden Prairie Road right of way. When a design for Eden Prairie Road is adopted the
preliminary plat should be modified to incorporate all alignment revisions regarding permanent
right of way and the developer should also dedicated any temporary easements required for
construction beyond the permanent right of way. Lot 18, Block.3 can be shifted if additional
right of way becomes necessary.
Storm water will be directed to a NURP pond located at the northeast corner of the site.
To minimize the potential for erosion, the houses proposed for Lots 13-15, Block 3 will use a
roof gutter system directing run off directly into the storm sewer.
GRADING AND TREE LOSS
The City Forester has calculated a total of 1,303 diameter inches of significant trees on the
property. Tree loss is 493 diameter inches,or 37.8%. Tree replacement is 248 caliper inches.
The tree replacement plan meets this requirement.
If additional right of way is necessary for the reconstruction of Eden Prairie Road the shifting of
Lot 18,Block 3 stated above may result in some additional tree loss.
h1
Staff Report—Woodbear Highlands
February 23,2001
Page 4
WETLANDS
The City's wetland inventory does not show any wetlands on the property. However, all
development projects need to include a wetland determination verifying if wetlands exist. A
preliminary wetland determination has been made indicating no wetlands on the property, but no
on-site analysis was conducted due to snow cover. This on-site analysis will be required in the
spring to complete the wetland determination. If wetland conditions are found, it may result in
minor plan revisions.
PEDESTRIAN SYSTEMS
A five-foot wide concrete sidewalk and eight-foot wide bituminous trail will be installed as part
of the future Eden Prairie Road improvements.
AIRPORT
Safety Zones
This project is located in an area shown by MAC to be acquired for safety zone B relating to an
expanded Flying Cloud Airport. Safety zones are to protect the approach corridor to the
runways. These zones do not exist at Flying Cloud Airport because MAC has not adopted the
zoning authority to enforce these zones. MAC is addressing the safety zone issue by agreeing to
purchase affected property.
Noise Zones
The Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise provides
noise exposure zones for evaluating developments. Single-family residential is considered
inconsistent within noise exposure zone 3, and conditional within zone 4. Based on the
Metropolitan Council's noise exposure zone map, no portion of the property is within a noise
exposure zone.
MAC is currently developing an Environmental Impact Study(EIS) for this expansion. MAC
has made no decision to expand the airport. Any decision on the airport will take place after the
completion of the EIS process expected in early 2002.
If MAC chooses to expand the airport,noise exposure zones will affect all of the property.
This project is similar to the North Bluffs project on the east side of the airport, which was
reviewed and approved by the City Council in 1999.
SUMMARY
The development of single-family lots is consistent with the Low Density Residential guiding for
the property and surrounding area.
I I
Staff Report—Woodbear Highlands
February 23,2001
Page 5
MAC has received approval from its Commission to acquire this and other properties shown as
part of the proposed expansion of the airport. Therefore, there is no need to keep the property
outside the MUSA.
The timing for the project will depend upon the reconstruction of Eden Prairie Road, and
extension of municipal sewer and water to serve the site. The alignment and grade of Eden
Prairie Road adjacent to the project may require changes from its current alignment and grade to
meet design standards,which may result in additional right of way dedication.
The waiver for cul-de-sac length may have merit since it will provide internal access for all lots.
RECOMMENDATIONS
Staff recommends approval of the following request:
• Comprehensive Guide Plan Amendment to add 10 acres within the Metropolitan Urban
Service Area(MUSA)
• Planned Unit Development Concept Review on 15.76 acres
• Planned Unit Development District Review with waivers on 15.76 acres
• Zoning District Change from Rural to R1-13.5 on 15.76 acres
• Preliminary Plat on 15.76 acres into 31 lots and road right of way
This is based on plans dated February 21, 2001, the Staff Report dated February 23, 2001, and the
following conditions:
1. Prior to final plat approval,the proponent shall:
A. Submit detailed storm water runoff, utility, and erosion control plans for review
and approval by the City Engineer and Watershed District.
B. Submit for review a Disclosure Statement regarding the Flying Cloud Airport.
The Disclosure Statement will be provided to the first intended residential
homeowner of each lot within the development.
C. Submit for review a final wetland determination for the Property.
D. Provide any additional right of way determined as necessary by the City to
address the reconstruction of Eden Prairie Road.
2. Prior to grading permit issuance,the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control on the property, as well as tree protection fencing at the
grading limits in the wooded areas for trees to be preserved as part of the
Staff Report—Woodbear Highlands
February 23,2001
Page 6
development. Said fencing shall be field inspected by the City Forester prior to
any grading.
3. Prior to building permit issuance, City sanitary sewer and water must be extended to
serve the property.
4. Prior to building permit issuance,the proponent shall:
A. Provide a tree replacement surety equivalent to 150% of the cost of the
landscaping improvements indicated on the approved plan.
B. Submit detailed building plans to the Inspections Department and Fire Marshal
for their review and approval.
C. Pay the Cash Park Fee.
5. The following waivers have been granted through the PUD District Review for the
property:
A. Cul-de-sac length of 620 feet. City Code maximum length is 500 feet.
,..,-1-3 s\
04
IL
I •:•:. --/ Z--'
G -
ru
O rruZ I >
L L 1 U
•
ez
Wo �:�� I w
_ > Q 44
e �
U
ce
-0 . time 4 At r--,-, t--
Wz, G1'lb+mrlj g/m
• OU) IfFpritiL �W?W N•� 'F If ff ' �
i_;)C:3
' •
�r a.0 QUAmor s� on_ i ,..(111F i::::::
__._ J
4111 -:.5
44:
• z , J it.►��rV•••.4 s C to Q
_ cZp .t• i it pi liti . a) co ,...
1ic-•"•i'.:'..--...-.,.N"•;-
', 'f' Fes♦ p
o i4 ih1' 4��-t.
(j
lI fit' 1�•,►�_ UI
r 1) -. d
R ,���P , ( N
*.:♦:OP .5
/ , , \444.\\. 0
► , 4 - \�
X ►.1,.. ������������i�.r 0 t< t
.k •��������A
't 'mot: �.!r����4'• ei
r: 4 tt.tv .>1.441 OM '
C 4.,
73 .4,t, .. 4
i!_:.)) _.,-. --4_ getitary..../7*. Ai,,
A /
�° z (---:.t �. ir I
)y /
Community Planning Board Minutes
February 26,2001
Page 7
C. WOODBEAR HIGHLANDS by Bill Bearman.Request for Comprehensive Plan
Amendment to add 10 acres within the Metropolitan Urban Service Area
(MUSA),Planned Unit Development Concept Review on 15.76 acres,Planned
Unit Development District Review with waivers on 15.76 acres,Zoning District
Change from Rural to R1-13.5 on 15.76 acres, and Preliminary Plat on 15.76
acres into 31 lots and road right of way. Location: 9630 Eden Prairie Road.
The public hearing opened at 7:30 p.m.
Bill Bearman, developer presented the PUD concept plan. The guide plan shows
single family residential. 31 lots is just under 2 units per acre. It is a heavily
wooded area. They were asked to have no driveways onto Eden Prairie road.
Therefore, the cul de sac is 620 feet long. City ordinance says a cul de sac can
only be 500 feet long. The plans show how MAC's future expansion of the Flying
Cloud Airport will affect the property. The 65 decibel line from MAC proposed
expansion comes along the bottom part of Eden Prairie Road. The proposed safety
zone B splits the area in half.
Kipp said the development of single-family lots is consistent with the Low
Density Residential guiding for the property and surrounding area. MAC has
received approval from its commisson to acquire this and other properties shown
as part of the proposed expansion of the airport. The property is being reviewed
according to existing airport conditions. Therefore, there is no need to keep the
property outside the MUSA. The timing for the project will depend upon the
reconstruction of Eden Prairie Road and extension of municpal sewer and water to
serve the site. Alignment and grade of Eden Prairie Road adjacent to the project
may require changes from its current alignment and grade to meet design
standards,which may result in additional right of way dedication. The waiver for
cul-de-sac length may have merit since it will provide internal acess for all lots.
Staff recommends approval of the project.
Gray said Bearman indicated they were designing sewer and water along Eden
Prairie road just north of Riley Creek. It is part of a feasibility study. He would
expect that the improvements would be complete not this year but in 2002. The
timing of the project would have to be deferred until the city proceeds with
upgrading of Eden Prairie Road and extension of utilities south of the creek.
Neighborhood meetings will take place to assess interest of the property owners.
Robin Smith owns the property directly southwest of the proposed project and is
concerned that the project shows where the roads would meet and encroach on the
home he intends to build. He has zero interest in developing his property and
neither do his neighbors.In terms of long term ramifications, they should not
assume he or other neighbors in the area are interested in extending roads or
developing land. A trunk utility would create an undue burden on the rest of them.
He is concerned over this rush to develop; others in the area should be considered.
S
Community Planning Board Minutes
February 26,2001
Page 8
Bruce Olson,Beverly Drive, said he was in the same area as Robin Smith. The
road would need to come through their property.He does not want to develop and
does not want sewer and water. He objects to the roadway affecting his land.
Motion by Stoelting, second by Koenig to close the public hearing. Motion
carried, 6-0.
The public hearing closed at 7:47 p.m.
Gray said long term they could not have all the roads in the subdivision be dead-
ends. When in the future the other properties in the area look at further
development there must be alternatives for access.Ultimately what the market
will do is further subdivide, although it is not the intent of the current property
owners. Sky Lane and Beverly Drive will eventually be connected to other
roadway systems. There are also utilities that will be stubbed to other systems.
Nelson asked about the size of the homes and type of development. She expressed
concern about airport noise.
Bearman said the lot size would begin at approximately 17,000 square feet and
homes would be priced at approximately$350,000 to $900,000.
Kipp said new home construction codes and standards would meet the
Metropolitan Council's guidelines for a 25 decibel reduction from outside to
inside.
Nelson asked whether there was an expectation of a timeline for development and
whether MAC planned acquisition.
Kipp said MAC has obtained the authority to purchase the property,but has not at
this time. The project is being reviewed based on the current Comprehensive
Plan.
Stock asked about utility extension south of Riley Creek and the time frame.
Gray said the utility corridor would be Eden Prairie Road and there was no
definite time frame because the Council has not ordered a feasibility study.
Permits to proceed would not be granted until a feasibility study was ordered.
This is similar to the process followed during Settlers Ridge.
Corneille asked what would happen with the utility extension if MAC purchased
the property.
/6
Community Planning Board Minutes
February 26,2001
Page 9
Gray said there were other properties in the area requesting the feasibilty study.
This project is not a driver for the feasibility study for utility and street
improvements. Informational meetings will take place.
Corneille asked why the feasibility study would not take place before
consideration of this project.
Gray said in areas like this it is not uncommon to see the development community
take the first step and to bring the preliminary plans for a project forth in advance
of authorization of the feasibility study. There is consideration of the plan but then
implementation would need to await a feasibility study. A time frame cannot be
guaranteed.
Stock said she was confused on the timing and how it relates to MAC. If the
airport expansion takes place this property would be within the safety zone.
Kipp said the airport expansion has not been decided yet and the City has to make
decisions on the current comprehensive plan.
Stock said what happens if this plan is approved and then the airport expansion
goes through.
Kipp said that MAC can acquire the site. If MAC does not acquire it the
development would proceed based on the timing of the approved extension of
utilities. MAC would continue its review of the EIS and submit it for approval by
the FAA and Environmental Quality Board before proceeding with any airport
expansion.
Stoelting asked about the disclosure statement to be included in the Developers
Agreement.
Kipp said the disclosure statement would provide homeowners notification.of the
future plans under consideration by MAC.
Stoelting clarified the extension of utilities was planned.
Gray said Council had not authorized a specific feasibility study for extension of
utilities south of Riley Creek along Eden Prairie Road.
Kipp said the requirement of a Developer Agreement is a standard practice for all
developments.
Stock asked about the cul de sacs dead ending and exceeding 500 feet.
Gray said the one cul de sac shown is longer than 500 feet. The design allows
avoidance of access onto Eden Prairie Road. Without road extensions planned for
the future extension all the roads would be dead ends. There would be issues
I
Community Planning Board Minutes
February 26,2001
Page 10
about emergency access if there are all dead end road systems. The policy is no
unnecessary cul de sacs.
Koenig said a 38%tree loss high.With the additional right of way that may be
needed with reconstruction of CSAH 4 there may be additional tree loss;how will
this be addressed when the time comes if the Developers Agreement has already
been approved.
Gray said the reconstruction of Eden Prairie Road and any tree loss in the right-
of-way would be part of a City project.
Kipp said the house pad for lot 18 may need to shift based on any additional right-
of-way. The house can shift farther to the west potentially affecting a couple of
additional trees. This will be addressed in the Developers Agreement.
Nelson said developing the remaining southwest area of the city piece by piece,
there is a concern that not everything is platted into large lots with large homes.
There should be a possibility for medium sized detached housing,how would they
ensure a mix of lot sizes and house sizes.
Kipp said according to the Comprehensive Guide plan,farther west the
concentration of multifamily is along collector and arterial streets. Land values go
up day by day. They can't guarantee a variety of lot size.As they review future
projects in terms of environmental issues, smaller lots and density transfer to
conserve the environment would provide this opportunity. Eden Orchard dealt
with large lot single family near bluff, and moved toward smaller lot single family
and multi-family northward.
Koenig said they have been changing the guide plan and increasing densities in a
number of areas in the past few years. The southwest is so sensitive
environmentally;they are trying to make up with areas that can sustain it better
from environmental and traffic points of view, so they can have larger lots and
less impact in the southwest.
Corneille said after approval there would still be a feasibility study.He would like
to reevaluate the project based on the study results and neighborhood meeting
feedback.
Gray said there is a possiblity after completion of the study that the Council may
decide not to extend utilities south of Riley Creek. Historically that is very
unlikely.Development of this property could not proceed without utility
extension. While the airport and MAC makes it more complicated it will proceed.
He doesn't forsee any technical complications that would make it unfeasible.
There will be grade changes. Existing grade is 11-12% and it will be reduced
down to 8%.
Community Planning Board Minutes
February 26,2001
Page 11
Motion by Nelson, second by Brooks to approve the request for Comprehensive
Plan Amendment to add 10 acres within the Metropolitan Urban Service Area
(MUSA),Planned Unit Development Concept Review on 15.76 acres,Planned
Unit Development District Review with waivers on 15.76 acres,Zoning District
Change from Rural to R1-13.5 on 15.76 acres, and Preliminary Plat on 15.76
acres into 31 lots and road right of way based on plans dated February 21, 2001
and recommendations in the staff report dated February 23, 2001.
Koenig said it seemed out of sequence so she was not comfortable with it.New
construction will improve things but Flying Cloud expansion would affect the
homes' values.
Stoelting concurred. He said it was not a comfortable decision but there were
some contingencies built in. Staff has built in contingencies.
Brooks said that may be true with the MUSA line and feasbility study and utilities
but they should not wait for MAC to make a decision. Staff recommends
approval; this is not an unusual procedure.
Corneille said this was the best decision they could make with the information
before them.
Motion carried, 6-0.
19
CITY COUNCIL AGENDA
DATE: 03/20/01
' SECTION: Public Hearings
SERVICE AREA/DIVISION:
Community Development ITEM DESCRIPTION: ITEM NO.:
Donald R.Uram
Michael D. Franzen Liberty Place—Building B
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for PUD Concept Amendment on 6.84 acres; and
• Approve 1st Reading of the Ordinance for PUD District Review and Zoning District
Amendment within the Office Zoning District on 6.84 acres; and
• Direct Staff to prepare a Developer's Agreement incorporating Board and Staff
recommendations and Council conditions.
Synopsis
This is a one story, 56,302 sq. ft. office building. The project is located north of Smetana Lane.
The Community Planning Board voted 6-0 to recommend approval of the project to the City
Council at the February 26,2001,meeting.
Background Information
This is an amendment to the 2000 Liberty Place PUD that included a 54 foot tall, 81,900 sq. ft. office
building. The proposed building square footage is for 25,598 sq. ft. less than the approved plan with
a height of 24 feet.
Attachments
1. Resolution for PUD Concept Review
2. Staff Report dated February 23, 2001
3. Community Planning Board Minutes dated February 26,2001
LIBERTY PLACE-BUILDING B
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF LIBERTY PLACE -BUILDING B
FOR LIBERTY LIMITED LIABILITY PARTNERSHIP
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development(PUD) Concept of certain areas located within the City; and
WHEREAS, the Community Planning Board did conduct a public hearing on Liberty Place-
Building B PUD Concept by Liberty Limited Liability Partnership 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 March 20, 2001.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Liberty Place-Building B,being in Hennepin County,Minnesota, legally described
as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
dated March 9, 2001.
3. That the PUD Concept meets the recommendations of the Community Planning
Board dated February 26, 2001.
ADOPTED by the City Council of the City of Eden Prairie this 20th day of March 2001.
Jean L. Harris,Mayor
ATTEST:
Kathleen A. Porta, City Clerk
I
Exhibit A
Liberty Place—Building B
Legal Description:
Lot 2,Block 1,Liberty Place
STAFF REPORT
TO: Community Planning Board
FROM: Mike Franzen, City Planner
DATE: February 23, 2001
SUBJECT: Liberty Place—Building B
APPLICANT/
FEE OWNER: Liberty Property Limited Partnership
LOCATION: Valley View Road and Smetana Lane
REQUEST: 1. Planned Unit Development Concept Amendment on 6.84 acres
2. Planned Unit Development District Review with waivers on 6.84 acre
3. Zoning District Amendment within the Office Zoning District on 6.84 acres
4. Site Plan Review on 6.84 acres
Location Map
Liberty Place - Building B 3
{� - ti P F shr r ik ( k" i7-7 t '- . I4�'1 ' • 'a / ,
I F *tor 4 p' �.fS -1 ' cF 9}v it ' •' '
v ri r FiL't. t x ,{'. ; t i SI a { t.+ t,a ? x a: r ."FIA w•�';.{„ .! ;{,,y' I;fw li'a re F','" , t 1 r F !4 "lr ii F�•:•q t �4 x f is
1:,,i s I d> ro•"i• >I f j ,1 -t , r r ..:1;.,..:r z, }• 3 I .a A 4-,,4 L. .
t4• i r: it ; 4 w 2`141„r.' t:,A FI' iI r it% '4 #' I �'�. a3 1Jx I * L
/ix 4„'iwxi 1, tt .. " J.."'
t,.. F ,�,; w yf. ;14 nl 'u. '�' ✓a, 3 I I l S wx 1 ,, ;i 1 i xf i k`,
:/ �r(` tR��� .�, j.;�f1�� :pie C : fv � tF� � 9"1 I f �i�st F s a•rry. r I�'� 144 t fA{ , �aFF t t T,1 g ('t r , � j , �� +r +a � '": 'i;' t a 5'� r
•Ir �i tl t tflii• {3�I q * r� F A tl•t A I a_�
;� F r���py@y� P��yi+ ( r .i �� x'i 11
t.,,4r� F Y 6r i, t 1 t 1. ! ,
� Q ,� �' 1 III i �I ��NF � � � �{ � '. I .'., �* d�� i 1 t I
�, i p33 c I 1 i 1� a ,tP
I it � . � , (I r 1 ( N LL -
f � 'v 4�'f i V �� � ��� xi A.r 4 �a " CF �' 1 t + i i j
r tK }'s;,`\ "r ti [[[rly�� . ✓ p I I 1-.I 4.."1. f `, i€ .. i { !
�� }^1 ' t1 a ;�' •t}� ` F 11 oV I'J 1� ° 'ir, t �{:', ' A'!i , {` ;M . dl. a r 1 .�'k"'7� 1
1 t t { •{ i t r((� 11f s 1 A i h �"- k r r {'�+
ti:1;
141 li t „7e•1 " , ,I F 1 .1�.•�,I.1 .
t f �+ sirI: ,: �. d' , I ? E w
U ' $ y F t. d fil - tj t :, \ [ F'. { I - a 66 •�� R 1'
:� i^I. Ext y, i, ,4 F n �f.ti Yj,•,1 i,, r7 i. ,.',,i-i''
-i ,Y! i ig t ' .: I 11
�,� i ".�, i c •=. P t' � '�a t � ��w. :Stf a �rl i� a :r + .t;sa' r 1 � 1� H r. i� qs I � �ill '�, t i 'is
? i', I . L, ;- ,F ,, w tf /. ,. A I:;. `• Jltf :b Itr I' k,1 r II i 3At ix� . },,.
sy ¢xi "s ° 1 1 t "
as 4t F :d , }1,'2' 'I i 6 I, �� p 4 a ggFF it 1, x F
SI. '` f,i{ T ' ,(a itt>�' lf.,tii rr• I / t !AiId ., a Iv. ,�.,' 1 r 1411 XI 1 Ih r�. 1 ti& 1w'i �.I 1 s d: t i.. T�il-.
.e� Si vx t� .r� 1 {l k I ri �'i'"f � a Ilt I 9 iCt � F� y.yii r
�' { al r, ��� � ! .. ,� it�:' r r �M W a1' �i�t � � i 1 7 � '� � 4 t �
> • �'�F` , x c++' syyy • ` , tJ { t• rja xF � t ,� h " f 'il i '' 1 LI,.
�" �I' f tr 1 "s'rS Sz(,)r "1{ 91 +�/ j� .1�� }1 1 d �, 4 t 111. 1k w 9 tl , � 1 "T' � � 'R a} I I�iG
0f 1 •;t:10 k. T tt., Y( i t 4 , ' ,F,,I.'t A 1 ; G'i i.A y' I'-a lr f t# �} ",,
1 e,, ttr }Yai y"'" .,i: t .lrm: r y I t �,I I +S "L;,.p i"- �1 '')
yr , t t V' N 4 fi " I k l I 3• r" 0 -ft 4 ,•1 p "� 2e ri.
! P tt x 1 x= yt ��*,Far r i F I t # Fat.,
! " , ..v"�, ` s.,.„.4• < t„/,, i.,41".. ,. d i d 7� i l' 1�+ . ;! rj�` N r,r tlt :1.1 i � ;;,. (. t +'i.'
S jbr�„1l tilr t t:� x.� ,�( r rt'it,y - r t,t. 1 {d i�{ ti, I'r ! t } "F t �i' ,y 1 pl ; F
.I F ,1,';'';.,,,) 1v ✓, + if 'i t� , t �'„. ail' -.f, t tl A i4 .• ' ••:, Ir � , { `;.","'it44. y" ? 't.,'f',:'•1l • a.P' ,q,,I 1 • 1` 1• o 1 i 0. f 1{• ``�I 19N I 1 + � . 1 i,.,,
F � r � • r i� lt,
�, 1 t
( � ,v z t4 wp F �� { i +e.t 1 i,r.:1.-...
� �" I f ( A " IA ,�E " 14 t fI 1 l� fIt {1+ . d r I i s
r gq �{f ,ftk E'.i. ? ✓ + it1 } 1, M I 'k F0' It? 4#•uF' Y , {i1 Alr:i. ' ;? • i '•'� • W ra '�I I,A 1 -x i,,t rl � �!.
}} - a A �• 4 • ti' a is l 1 wI E I
ri:•
•� I 1 i`�•^It$A ' s i4t t't t• {,i t q i' �r 1,.,>& i tl •;; w'�FFes x S yl•"� �1
,�, f 1 z3: .k r �Ir, F �.., 9x i.1 I.�1 th '� yt •4 Ir �,'.1" ,�s+�: .ly ,,F 1 y •, : £r ,I jl "' .i t ,e p .r t�l l II
p }? t: I F" "1 F1
•
}y;xw 4 .',,w ' '44 ; '1 7 r�4. P4 i`F .1. 1 k fel P . \ ?t I i iq4 l - Si .,•
,. ..r I i ,, t . ry ,w y I, FI .
} 1. L' .�} F C : .4 4 P 1 1'1 .\ kt ir' 1 R ' i 'x. 1 3 ttt 1if I' ,, I.4 n .� '1',,...'. �` �L ���C„��'S r �a, { �a ! II�' �. '•�, Iro,x F,'� � � 1"� 1Hr1� � P � � � � • I
y
+ y, . 1 it
r . P I h..`• I •F }: ,, ¢ r AS"' �•,"13I`' 1[', ' rrw •
'1 3,1
i ;h. ;} 1.+
++k G' >j{ { x Jµ ��,.! �� .1E � f * �,( � { � t �r� , �$r 'yJ� z t5 I [��F trir f•p-" � ,:Jr
fA�[ '�.1 } M1i. �`� I: `r�T} 1 .J A �. 1..- i by F'MI n SQI sl 1 I k w�F 1 N{� � +A 3.♦
1iP !;
x_ ie•.rl"M _ yy r(1,_ t! �. it " w -.'• iE++, ' �{ .; i } l f 11:.���', � ,w° '�'� ✓.{! Jt , ��? ft•1�J'•h 1 �bi ��rF; Y 1 S # ,gF e•. 31 r�t4 Prat ii4� C{z:i. t �'� yc: 'u. t'� I ijz4}}d ns. ry3Rf'f' #{� i< , ':'' } r, - 1tt, ' , ,C1 w,�r t
F tI `w , -t i r r.,,'Ir a a. , '.f b 1- 1":Ji,^ r FFF*** "1' �i +_i �. r.�"�Y ..��
4 1 • i '•y u r• ' �1' F� �'t {�? �'i � �' s .t 'f�.:� M g} i , 4 � xI t {r �� F?
i I.
1-,1:.":a a �t k,'_F F is � ai '� � ��� ��t= �, ,� A F,� I r�x,
t t �. i4 1'1 e7 r„ j yy 1r• �' I 5... � i. P :4�;y '�
i{ i- t , i A pp 4f. E i d 99 # E .
Yx,,'�1' I' F ,r'+l1 I 4fE a7 ` ! �� i t u � IiF �9 �' i t�I ` i. r -it 4;1
!4E a . .�� `x �1 - � 1 rF_• ,wx pp�t • � ��i� a�z �.� I� � w Y rtrs r � A �. � 9 ekixFt�
P,. ..I ,9 L.� ,• 14.i.•t{I`: ,, \ ax+ * . : ,,: st �� , , if. t ?.e i °h ii k,4'.Ik ,.
1� Ai i''• y ti (i n F ;$ r p t. "l• • wa t i � f� , hl
i i �lt tf'' r1 `1 �. t -•# ! �, °r ri 1 lt,13 f •
t tt` •. t `io ' °a I � j�,� . tF '' ', t{x b L� J b , t,r ti o " II 1 �i. �4+ ► °it !44 ,t ru r'% A trig t6 'i l i �° i" a�' t�w
. 1 x ri 1,1 j _i r t 4 t,A� i$� j 7 ti a" ° 'ia:.' i.i r f t t w
Sot {. , '" 4 k 't� Ilr� t I",tii , 14� .,} i. ---1:;,;.f". IF�f {.� � z� its � , 14A 4r
,+Jg8 t I A °� i � i� �p(F• r i I +°I rw 7 4 p f�' 1 r T
, �,} ,a ,��" I rvF I' ;w t �- } 5 i r F } , _ Y i 4
. `P `i : �i Ar. . ' 1 ;$ t w r a i -1 1, tl '� t! .FRY ,
•
fll ' t i'•14 tpp I y it I r• kll• Rik >t CI, r. 4 yt, Y II w 4. y,V � 'I
hgtT r� ��� t N1rA1 `�: i�. 1` i I i AFn i` ,, iR� », • . f+�� r iI r�� �{�4 e4 �� �IM
�3r�x � _ I. Lake Smetana �r 1 � • ,1.� "` } , � $ ;� I.,-
� ' gF �' ' r
t I r 6 1 ,t: Fs :, iti? .py �,y1� I`li!•: �- '.;4'a +dl ° !! I -E' ajj i ' . •
�yyjyyy#Ft .4Y C4 did i• 'rrtyy�� ?ti
t N'; F4� :,• 11,,J•A "x 1,•; '' 4 ray t.• ' •111 r�4r` "1 y a' , L { ••r t - .1. .4"„
r I i .. LL r I.,! , �Ni, .T L ]�� a '� i i 13'�t, {• , 1 ', t 4(
w� fff .).r� LI .1 tr F :T3 ,, .. 1I 14 , F A ,4g i RRR
t 1 t
i i x{:. F A y fA. , ,, t y�" , �� '� ,A�"� " r.At4i , i;"' o •+• ti� �,'
1 4 �� r f ° I4 i " \
•I' • �1p•••+• �, • i I F`I t F F1 k ' 0.! s ;II r , 9 t 1, v
4st _ } Frwr 7� �' t .II 1 , { 1 t� yi.r✓ I,? t I ! 11 -rh .4ir 3 ..
S i �.A S w �,, j]+ t. , 11 1ks `r , i t , 'p n FC, f 1,1t 1 xr 4 • r ' ,1
r .. 7� 11 �,� 1111{• 1 1¢i� 1: •6'd( ' `'�a*i Jr p } i� is
Yi y i iv °' i r r 1 N.r a t�. •P� ty ', i z. y '11 a C 4u
i P F 4y,� i 1 i, 'rw tt 11t , AI' {• F" 1r y g et :f �
` �; r F� i�,ut � N ,f 41� �, f . r` � � s� l�' 11 � �'t; ^' �' E �
4 z i'1. r . Ji 4 { ]p yp tI,::
t., 'rt; t
t to:,. e ;I5 � •t,l' � h�. �1 of „i�.11 4 :�-� 7 4�i �i tl� I� t • � t7,• �iF 1i1 { xp�rh, ,A'� +' 4..t i,R,
i,'.,,,, }tlt ! :i l A .,, 'i l a 11.E �t , , r' 1 ( t z ,# i?T,, 1,
('.i r? kp I 1, N "A _ Y q a Y. I W• t r 1�, t � i i !,= l'lp-.h 2r:.It !1 1 P' 3�
E^i :M. r r 1 "� a ,,, pr $ J' J. W r' r,I. ' ' r I F 1' 1� fi !� y spg M iR::
4t F4�e t I • 4 � r1, t 11 + IF 3 j..� , :�11 !I{','1 p n , I s j -x S, I I At i,
t i ; 'w• '�.�it,• t, � 1 1 `a , I, 1 i , .'C,, t 4, :.Ixl,1`,.., eJ I" ,t; • t {:
44 n 4 '1 4 h t I F 9 t 1
•
I w
�1 it u-, a 1A { I�I Fu i A
, tl�:' � t r t w 9 F i1 : t � ��� r !! •FioEilFa i } i1 t} { { •Jr
' :Iit w h. e 11iM 4 � d �� �'NS 'E' 11i�l,� �t,xi g11 I � 1 - I tN F 1T ��_1 I ��� ii
4Fk. I II "�,� rF�Ir � � :�'�1 ii F. 1,1+ F{,.. r .,y r, l 1 1 � 1 } 6(ii II I, 6 + ° T' I �0w1 j i� � �1 !� ^I � 4r 'f I. ' r 4� ja 1,,,-.'„,1,,
' 't �1 ,'� "R f t, � 1.'' { � I i Ijt d I� �
i � 9 A� IL �,pi� �{1 I '{}
1 '7 A I tit 1�� �' � I I , � •rt �� �I I f'� �II � �I< 'J I l �{ S' � �I
.. x" ,, r .r !e Ii { tt ! i ,. i 4 { , �; ,, 1F IA t, . 4 �1
\: rll '3 i 1 � h I e! 1 yy ..F Ir 1 r 'gam"
,'. x ..4 M .'F • V�, •4 f, •',;r � is t{ I " '1{ +•t ,. T•- a
ri' 1 y4. 1. } ' , II �i1 F' lit
tl 'r'•[� 1 I j�" 1� lu ,iI
- rt.' • + .t �E lit 1 �f 7��'�I; : I� � >:I I :[I{rtF[I I F i, 1. ' I �F'1:1 ' �, i3 ,
�'4 �r it' F' ` 3 i1.11 I , ,10, �..I1 i. °I llf M 1I kl 11., X 'w ffffff -�; dP _ -..... .
.. 1 ,'.`'�`I - t --. TT. '._"1 t{rr .-,T,- -FFFt - -._7...... , -=i I` ��I„
..I
aLI
Staff Report—Liberty Place—Building B
February 23,2001
BACKGROUND
This is an amendment to the Liberty Place PUD approved in 2000 that included a three story,
office building at 81,900 sq. ft. with a height of 54 feet. The site is guided and zoned for an
office use.
SITE PLAN
The building is 56,302 sq. ft. on one level. The base and floor area ratios are .23 and meet the
code. The building meets the structure setbacks for the office district (35 feet) and the required
shoreland code(200 feet).
The parking requirement is 282 parking stalls. There are 257 parking spaces with 26 additional
proof of parking spaces to meet code. The Developer needs to final plat the project to relocate
the lot line so it includes the parking stalls along the north drive aisle (see attached graphic).
DRAINAGE
The existing NURP ponds will be used to treat stormwater to city standards onsite.
UTILITIES
Utilities are available from Smetana Lane.
TRAFFIC
A TDM plan was submitted and approved for this site as part of the Liberty Place PUD.
LANDSCAPING
The total landscaping requirement for the office site is 176 caliper inches. The landscape plan
meets City Code.
TRAILS AND SIDEWALKS
There are sidewalk connections throughout the office site connecting to the main trail on the east
side of the creek.
LIGHTING
The proposed lighting consists of 20-foot tall, downcast, cut off fixtures since it is adjacent to
residential land uses.
5
Staff Report—Liberty Place—Building B
February 23,2001
ARCHITECTURE
The building meets the code (30 feet) at 24 feet tall. The exterior materials meet the 75% face
brick, natural stone or glass requirement.
SUMMARY
The proposed building is smaller than the approval plan and meets code requirements.
STAFF RECOMMENDATION
Staff recommends approval of the following request:
• Planned Unit Development Concept Amendment on 6.84 acres
• Planned Unit Development District Review with waivers on 6.84 acre
• Zoning District Amendment within the Office Zoning District on 6.84 acres
• Site Plan Review on 6.84 acres
This would be based on plans dated February 9, 2001, this staff report, and the following
conditions:
1. Prior to City Council review,proponent shall:
A. Revise the lot line to meet the parking setback and adjust the planting island along
the northern drive aisle.
2. Prior to grading permit issuance,the proponent shall:
A. Install erosion control and tree protection fencing at the grading limits of the
property for review and approval by the City Engineer and City Forester.
B. Submit to the City Engineer, recorded copies of the conservation easement
documents, cross access 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.
B. Submit a landscaping bond in accordance with City Code.
C. Provide building material samples and colors for review by the City Planner.
D. Pay the cash park fee.
��-fi
Community Planning Board Minutes
February 26,2001
Page 12
D. LIBERTY PLACE by Liberty Limited Liability Partnership.Request for
Planned Unit Development Concept Amendment on 6.84 acres,Planned Unit
Development District Review with waivers on 6.84 acres, Zoning District
Amendment within the Office Zoning District on 6.84 acres, and Site Plan
Review on 6.84 acres. Location: Smetana Lane.
The public hearing opened at 8:26 p.m.
Rick Wieblen, VP development Liberty Property Trust, said they were here to
request approval of the Lake Smetana office building. Last year they completed a
1 story 90,000 square foot office warehouse development as part of the Liberty
Place project approval. The original approval included a 3 story, 81,000 square
foot office building. The proposed project is a one story, 5,600 square foot
facility similar to the Flying Cloud Corporate campus. They agree with staff
recommendations.
Flemming said staff recommends approval of the project based on the staff report.
there will need to be one change to the lot line; they need to show all the parking
on site and will adjust the lot line according to the attached diagram.
Motion by Stoelting, second by Brooks to close the hearing. Motion carried, 6-0.
Stoelting said there previously was an issue with the height of building and that
was no longer an issue.
Motion by Brooks, second by Stoelting to approve Liberty Limited Liability
Partnership's request for Planned Unit Development Concept Amendment on
6.84 acres,Planned Unit Development District Review with waivers on 6.84
acres, Zoning District Amendment within the Office Zoning District on 6.84
acres, and Site Plan Review on 6.84 acres. Motion carried, 6-0.
•
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims March 20,2001
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development and Payment of Claims 'Mr-, •
Services/Don Uram �.�I--
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 97977-98392 (from the JD Edwards system)
Wire Transfers 1030-1035, 1038 & 1039 (from the JD Edwards system)
Background Information
Attachments
City of Eden Prairie
Council Check Summary
3/20/2001
Division Amount
General 460,547
101 Legislative 1,622
• 102 Legal Counsel 27,295
110 City Clerk 864
111 General 21,177
112 Human Resources 3,671
113 Communication Services 55
114 Benefits&Training 1,980
115 Risk Management 3,233
116 Facilities 21,782
130 Assessing 41
131 Finance 264
132 Housing Trans Social Service 8,838
133 Community Development 99
134 Heritage Preservation 3,498
135 Information Technology 857
136 Wireless Communication 1,361
150 Park Administration 271
151 Park Maintenance 9,540
153 Athletic Programs 7,093
154 Community Center 7,230
156 Youth Programs 3,706
157 Special Events 55
158 Senior Center 4,855
159 Recreation Administration 40
160 Adaptive Recreation 153
161 Oak Point Pool 239
162 Arts 482
163 Park Facilities 621
180 Police 16,075
184 Fire 18,235
185 Animal Control 60
186 Inspections 22
200 Engineering 7,358
201 Street Maintenance 6,905
203 Fleet Services 21,650
117 City Center 2,424
204 Equipment Revolving 23,966
402 2nd Sheet of Ice 1992A 1,438
403 City Center Debt 2,128
404 Building Refunding 1992A 167,844
405 Park Bonds 1992A 1993A 425
408 Refunding Bonds 1997A 707,376
414 Improvement Bonds 1993B 423
502 Park Development 734
503 Utility Improvement 10,905
506 Improvment Bonds 1996 26,800
507 TIF Improvement Fund 9,620
509 CIP Fund 4,532
601 Prairie Village Liquor 92,331
602 Den Road Liquor 126,734
603 Prairie View Liquor 67,685
701 Water Fund 56,193
702 Sewer Fund 1,170
703 Storm Drainage Fund 111,787
806 SAC Agency Fund 14,950
2,091,235
City of Eden Prairie
Council Check Register
3/20/2001
Check# Amount . Vendor Account Description Business Unit
1030 167,844 US BANK Principal Building Refunding Bonds 1995A
1031 707,376 FIRSTAR TRUST COMPANY Principal • Refunding Bonds 1997A
1032 123,233 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund
1033 21,536 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund
1034 13,716 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
1035 7,177 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
1038 48,774 MINNESOTA DEPT OF REVENUE Sales Tax Payable Den Road Liquor Store
1039 732 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services
97977 1,022 ELAN FINANCIAL SERVICES Conference Expense City Council
97978 14 EXPRESS MESSENGER SYSTEMS INC Postage General
97979 266 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
97980 91 FIANCE ACE HARDWARE Equipment Repair&Maint Park Maintenance
97981 309 HENNEPIN COUNTY TREASURER Licenses&Taxes Fleet Services
97982 6 HOFFMAN TOM Program Fee Senior Center Program
97983 2,124 ICI DULUX PAINT CTRS Building Repair&Maint. Water Treatment Plant
97984 75 KALLENBERG BILL Program Fee Outdoor Center
97985 2,291 LAB SAFETY SUPPLY INC Capital Under$2000 Water Treatment Plant
97986 375 MACQUEEN EQUIPMENT INC Conference Expense In Service Training
97987 50 MINNESOTA CHAPTER IAAI-J SCHAD Dues&Subscriptions Police
97988 64 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes Water Utility-General
97989 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer Utility-General
97990 63 MUELLER CYNTHIA Mileage&Parking Oak Point Operations .
97991 40 NRPA Video&Photo Supplies Recreation Administration
97992 59 OSOSKI ELAINE Lessons&Classes Ice Arena
97993 229 PARK NICOLLET CLINIC Workers Comp Insurance Employee Benefits
97994 3,000 RESERVE ACCOUNT Postage General
97995 28 TORMOEN JUDY Mileage&Parking Senior Center Administration
97996 250 TRAFFICWARE Software Information Technology
97997 375 TRANSOFT SOLUTIONS INC. Software Information Technology
97998 105 UNIVERSITY OF MINNESOTA Conference Expense In Service Training
97999 226 WRIGHT IRENE Mileage&Parking Golden Triange Study
98000 20 AT&T Telephone Water Treatment Plant
98001 35 BELL SAM Operating Supplies Street Maintenance
98002 28 BROICH BOB Operating Supplies Street Maintenance
98003 200 BUTCHER SHERRY Travel Expense City Council
98004 312 C&J TRAVEL INC Travel Expense Police
98005 183 D'AMICO AND SONS Miscellaneous General Facilities
98006 200 HARRIS JEAN Travel Expense City Council
98007 3,050 KMC TELECOM HOLDINGS INC. Telephone General
98008 110 KRAEMERS HARDWARE INC Operating Supplies General Facilities
98009 84 KRESS CARLA Mileage&Parking Adaptive Recreation
98010 27,295 LANG PAULY GREGERSON AND ROSOW Legal Legal Council
98011 230 LANZI BOB Mileage&Parking Athletic Programs Admin
98012 43 LIMBERG KRISTY Operating Supplies Winter Theatre
98013 56 MANN TRIA Mileage&Parking Special Events Administration
98014 14,801 METROPOLITAN COUNCIL Due to Other Governments 'SAC Agency Fund
98015 4,324 MINNESOTA STATE TREASURER Building Surcharge General Fund
98016 200 MOSMAN JAN Travel Expense City Council
98017 2,564 QWEST Telephone General
98018 27 ROTSCHAFER LINDA Program Fee Ski Tripsnter Camp
98019 2,199 SEYMOUR JEFF Insurance Risk Management
98020 23,966 SUPERIOR FORD Autos Public Safety
98021 2,976 US BANK TRUST NATIONAL ASSN Paying Agent City Center Debt Fund
98022 19 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store
98023 836 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store
98024 69 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
98025 2,544 BELLBOY CORPORATION Liquor Den Road Liquor Store
98026 3,488 DAY DISTRIBUTING Beer Den Road Liquor Store
98027 3,005 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store
City of Eden Prairie
Council Check Register
3/20/2001
Check# Amount - Vendor Account Description Business Unit
98028 9,638 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store
98029 96 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
98030 275 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
98031 1,024 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
98033 8,779 GRIGGS COOPER&CO Liquor Den Road Liquor Store
98036 18,687 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store
98037 1,572 LAKE REGION VENDING Tobacco Products Den Road Liquor Store
98038 6,799 MARK VII Beer Den Road Liquor Store
98039 820 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
98040 29 NORTH STAR ICE Misc Taxable Den Road Liquor Store
98041 119 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
98042 843 PEPSI COLA COMPANY Merchandise for Resale Concessions
98045 15,394 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie Village Liquor Store
98046 386 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store
98047 3,157 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
98049 19,763 QUALITY WINE&SPIRTS CO Wine Domestic Prairie Village Liquor Store
98050 9,608 THORPE DISTRIBUTING Beer Den Road Liquor Store
98051 688 WINE COMPANY THE Wine Domestic Den Road Liquor Store
98052 6 AT&T Telephone Prairie View Liquor Store
98053 30 BAYER ANTHONY Program Fee Adult Program
98054 236 CAMPOS LORI Recreation Supplies After School Programs
98055 100 CARL GARY Refunds Environmental Education -
98056 590 CMC RESCUE INC. Tuition Reimbursement/School Fire
98057 30 EISCHENS JENNIFER Program Fee Adult Program
98058 100 ENGSTROM TERRY Refunds Environmental Education
98059 41 EXPRESS MESSENGER SYSTEMS INC Postage General
98060 36 GAS LINE PLUS Mechanical Permits General Fund
98061 124 GRANT ROBERT R. Operating Supplies Fire
98062 2,245 HOMETECH Other Contracted Services Douglas More House
98063 125 KALKBRENNER PETER Training Supplies Fire
98064 40 KORZENOWSKI STEVE Instructor Service Outdoor Center -
98065 100 MILLER LOUISE Instructor Service Outdoor Center
98066 1,235 MINNESOTA CHIEFS OF POLICE ED Tuition Reimbursement/School Police
98067 100 MITCHELL WILLIAM Refunds Environmental Education
98068 8 MUSEGADES PEG Program Fee Outdoor Center
98069 30 PETERS ARON Program Fee Adult Program
98070 40 PETERSON TRACY Instructor Service Outdoor Center
98071 293 QWEST Telephone Den Road Liquor Store
98072 100 REESE RANDALL Refunds Environmental Education
98073 140 SE MINNESOTA EMS Tuition Reimbursement/School Fire
98074 7 SEASONS TO CELEBRATE Recreation Supplies Summer Skill Development
98075 750 SMITH&WESSON Tuition Reimbursement/School Police
98076 37 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store
98077 30 STEINOLFSO SEPTEMBER Program Fee Adult Program
98078 27 STOVRING LESLIE Operating Supplies Environmental Education
98079 25 US TENNIS ASSOCIATION Operating Supplies Tennis
98080 128 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Den Road Liquor Store
98081 30 WEBER MICHELLE Program Fee Adult Program
98082 171 WEEDMAN NICOLE Mileage&Parking Youth Programs Administration
98083 53 WERTS SANDY Mileage&Parking Senior Center Administration
98084 27 WHITE NICOLE Operating Supplies Leisure Time
98085 270 AARP 55 ALIVE MATURE DRIVING Special Event Fees Senior Center Program
98086 149 ANCHOR PAPER COMPANY Office Supplies General
98087 100 BECKER STEVE Travel Expense Fire
98088 40 BOE DAVID Lessons&Classes Oak Point Lessons
98089 4,450 CAIRNS ADVANCED TECHNOLOGIES L Other Contracted Services Fire
98090 1,910 CENTRAIRE INC Equipment Repair&Maint Den Road Liquor Store
98091 100 DANIELS LAURA SCHERER Refunds Environmental Education
98092 14 DELEGARD TOOL CO Small Tools - Fleet Services
9
City of Eden Prairie
Council Check Register
3/20/2001
Check# Amount . Vendor Account Description Business Unit
98093 114 ELDER JONES Building Permits General Fund
98094 175 FREEBORN COUNTY COURTHOUSE Deposits General Fund
98095 88 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance
98096 146 GE CAPITAL Other Rentals General
98097 199 IOS CAPITAL Operating Supplies Fire
98098 18 JOHNSON PAULINE Lessons&Classes Oak Point Lessons
98099 161 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water System Maintenance
98100 257 LAB SAFETY SUPPLY INC Safety Supplies Risk Management
98101 245 LEAGUE OF MINNESOTA CITIES INS Insurance Risk Management
98102 37 LIDDELL TONY R. Travel Expense Fire
98103 89 LIMBERG KRISTY Operating Supplies Winter Theatre
98104 100 MARTIN DAWN Refunds Environmental Education
98105 2,597 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
98106 1,575 MINNESOTA BUREAU OF CRIMINAL A Employment Support Test Human Resources
98107 30 MINNESOTA GFOA Dues&Subscriptions In Service Training
98108 26 NORTON PEGGY Lessons&Classes Ice Arena
98109 209 PETTY CASH Recreation Supplies After School Programs
98110 30 QUICKSILVER EXPRESS COURIER Postage General
98111 179 RENTAL SERVICE CORPORATION Repair&Maint.Supplies Maintenance
98112 100 SCHWOB DAVID Refunds Environmental Education
98113 415 SEARS COMMERCIAL ONE Small Tools Park Maintenance
98114 501 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
98115 84 VANDENBERGHE MARK Travel Expense Fire
98116 166 WILLIAMSON RICK Travel Expense In Service Training
98117 1,005 AMERICAN ELITE GYMNASTICS Other Contracted Services Winter Skill Development
98118 800 AMERICAN PUBLIC WORKS ASSN Dues&Subscriptions In Service Training
98119 10 ANDERSON JOAN Program Fee Senior Center Program
98120 10 BEVEROTH CAROL Program Fee Senior Center Program
98121 142 CAMPOS LORI Recreation Supplies After School Programs
98124 1,009 GENUINE PARTS COMPANY Equipment Parts Fleet Services
98125 64 JOHNSON RITA Program Fee Special Events&Trips
98126 32 KLOECKNER LINDA Program Fee Special Events&Trips
98127 21 KRAEMERS HARDWARE INC Operating Supplies Traffic Signals
98128 32 LACKEY SHARI Program Fee Special Events&Trips
98129 879 NILSSON BETH Instructor Service Ice Arena
98130 1,704 SCHARBER&SONS Capital Under$2000 Water Treatment Plant
98131 120 ACE ICE COMPANY Misc Taxable Prairie View Liquor Store
98132 86 ALL SAINTS BRANDS DISTRIBUTING Misc Taxable Prairie View Liquor Store
98133 128 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
98134 1,253 BELLBOY CORPORATION Operating Supplies Den Road Liquor Store
98135 7,502 DAY DISTRIBUTING Beer Den Road Liquor Store
98136 5,892 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
98137 9,137 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store
98138 64 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
98139 20,414 GRIGGS COOPER&CO Liquor Prairie View Liquor Store
98143 13,964 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
98144 1,843 LAKE REGION VENDING ' Tobacco Products Den Road Liquor Store
98145 6,533 MARK VII Misc Taxable Prairie Village Liquor Store
98146 562 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
98147 116 NORTH STAR ICE Misc Taxable Den Road Liquor Store
98148 4,594 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store
98149 857 PEPSI COLA COMPANY Merchandise for Resale Concessions
98152 6,200 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
98153 949 PINNACLE DISTRIBUTING Tobacco Products Prairie View Liquor Store
98154 3,420 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store
98156 5,620 QUALITY WINE&SPIRTS CO Liquor Den Road Liquor Store
98157 13,390 THORPE DISTRIBUTING Beer Den Road Liquor Store
98158 83 VINTAGE ONE WINES INC Wine Domestic Prairie View Liquor Store
98159 1,463 WINE COMPANY THE Wine Domestic Prairie Village Liquor Store
5
•
City of Eden Prairie
Council Check Register
3/20/2001
Check# Amount - Vendor Account Description Business Unit
98160 4,091 WORLD CLASS WINES INC Wine Domestic Prairie Village Liquor Store
98161 10 ACT Dues&Subscriptions In Service Training
98162 100 AGIA Tuition Reimbursement/School Police
98163 15 AVCAM Tuition Reimbursement/School Police
98164 16 BECKER DAVE Travel Expense Police
98165 1,063 BLOOMINGTON SECURITY SOLUTIONS Capital Under$2000 Prairie Village Liquor Store
98166 40 BOLD PAULINE Instructor Service Outdoor Center
98167 75 BRACE LANCE Travel Expense Police
98168 600 BROOKLYN CENTER POLICE DEPARTM Tuition Reimbursement/School Police
98169 120 DEPARTMENT OF COMMERCE Other Contracted Services Police
98170 590 FELICIAN COLLEGE Tuition Reimbursement/School Police
98171 2,663 FIRST SUPPLY Merchandise for Resale Water Meter Reading
98172 14 GOOIJER ANN Program Fee Outdoor Center
98173 37 HANLON SCOTT Travel Expense Fire
98174 75 KLINE JAMES Travel Expense Police
- 98175 390 LINDGREN JIM Clothing&Uniforms Police
98176 209 MILLARD CHRIS Clothing&Uniforms Police
98177 15,628 MINNEGASCO Gas Fire Station#1
98178 300 MINNESOTA BUREAU OF CRIMINAL A Tuition Reimbursement/School Police
98179 535 MINNESOTA DEPARTMENT OF TRANSP Operating Supplies Engineering
98180 14 MOORE MARLENE Program Fee Outdoor Center
98181 10 MSANI Dues&Subscriptions Police
98182 25 NATIA Dues&Subscriptions Police
98183 50 NATIA Tuition Reimbursement/School Police
98184 . -81 PETTY CASH-POLICE DEPT Miscellaneous Police
98185 150 PROFESSIONAL DEVELOPMENT NETWO Tuition Reimbursement/School Police
98186 60,035 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund
98187 82 PUBLIC EMPLOYEES RETIREMENT AS Employers PERA General Fund
98189 1,508 QWEST Telephone Prairie View Liquor Store
98190 540 QWEST INTERPRISE Telephone General
98191 14 ROSHEIM KAY Program Fee Outdoor Center
98192 60 SERGEANT BRADLEY WAYNE Dues&Subscriptions Police
98193 149 SKILLPATH SEMINARS Tuition Reimbursement/School Police
98194 227,394 SOUTHWEST METRO TRANSIT HACA General Fund
98195 15,951 STAN MORGAN &ASSOCIATES INC. Leasehold Improvements Prairie Village Liquor Store
98196 195 SUNSET PRINTING Fire Prevention Supplies Fire
98197 3,467 US POSTMASTER-HOPKINS Postage Community Brochure
98198 40 USPCA REGION 12 Tuition Reimbursement/School Police
98199 128 VANDENBERGHE MARK Equipment Parts Wireless Communication
98200 169 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Prairie Village Liquor Store
98201 250 ABRASIVE TECHNOLOGIES INC Equipment Parts Fleet Services
98202 919 AIR POWER EQUIPMENT CORPORATIO Equipment Repair&Maint Fleet Services
98203 204 ALFAX WHOLESALE FURNITURE INC. Capital Under$2000 Water Treatment Plant
98204 238 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General
98205 820 ANCHOR PAPER COMPANY Office Supplies Police
98206 50 ANOKA TECHNICAL COLLEGE Tuition Reimbursement/School Fire
98207 243 APPARENTLY GRAPHIC LTD. Operating Supplies Fire
98208 4,524 AQUA CITY PLUMBING AND HEATING Building Repair&Maint. Water Treatment Plant
98209 1,206 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant
98210 43 AUDIOQUIP INC Video&Photo Supplies Human Resources
98211 509 AUDIOVISUAL INC Video&Photo Supplies Human Resources
98212 163 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Services
98213 273 BACONS ELECTRIC COMPANY Other Contracted Services Water Treatment Plant
98214 8 BAKER ROAD AUTO SERVICE CENTER Equipment Parts Fleet Services
98215 520 BARTOS PRODUCTS Capital Under$2000 Fleet Services
98216 505 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services
98217 280 BCA/FORENSIC SCIENCE LABORATOR Tuition Reimbursement/School Police
98218 917 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena
98219 279 BETH AND MORLEY BURNETT Operating Supplies Ice Arena
6
City of Eden Prairie
Council Check Register
3/20/2001
Check# Amount • Vendor Account Description Business Unit
98221 17 BIFFS INC Waste Disposal Park Maintenance
98222 503 BLR INC Training Supplies Sewer Utility-General
98223 76 BORUCKI MARTIN Other Contracted Services Volleyball
98224 443 BRO-TEX INC Equipment Parts. Fleet Services
98225 238 BROWN PAUL Other Contracted Services Park Facilities
98226 2,103 CARGILL SALT Salt Snow&Ice Control
98227 59 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services
98228 5,795 CENTRAIRE INC Equipment Repair&Maint Prairie View Liquor Store
98229 51 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services
98230 1,135 CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Prairie Village Liquor Store
98232 4,934 CORPORATE EXPRESS Office Supplies Police
98233 97 CROWN PLASTICS INC Building Materials Outdoor Center
98234 154 CUB FOODS EDEN PRAIRIE Operating Supplies Fire
98235 4 CURRENT Office Supplies Fire
98236 360 CUSTOM CAR AUDIO Equipment Parts Wireless Communication
98237 3,224 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant
98238 1,052 CWH RESEARCH INC. Employment Support Test Human Resources
98239 2,415 CY'S UNIFORMS Clothing&Uniforms Reserves
98240 1,264 DANKO EMERGENCY EQUIPMENT CO Operating Supplies Fire
98241 353 DAVIES WATER EQUIPMENT CO Other Contracted Services Sewer Accounting
98242 552 DECORATIVE DESIGNS INC Other Contracted Services City Center Operations
98243 480 DILLEY TODD Other Contracted Services Basketball
98244 4,094 DNR SCREEN PRINTING INC. Awards Volleyball
98245 3,725 DPC INDUSTRIES INC Chemicals Water Treatment Plant
98247 293 DRISKILLS NEW MARKET Merchandise for Resale Concessions
98248 53 DRIVERS LICENSE GUIDE CO Operating Supplies Police
98249 7,628 DRT TRANSPORT Other Contracted Services Water Treatment Plant
98250 515 DYNA SYSTEMS Equipment Repair&Maint Water Treatment Plant
98251 53 ECOLAB INC Building Repair&Maint. Heritage Preservation
98252 1,468 EDEN PRAIRIE APPLIANCE Capital Under$2000 City Center Operations •
98253 95 EDINA CITY OF Other Contracted Services Water System Maintenance
98254 425 EF JOHNSON Equipment Repair&Maint Wireless Communication
98255 22,062 ELECTRICAL INSTALLATION&MAIN Improvement Contracts Improvement Projects 1996
98256 1,037 EMED COMPANY INC Safety Supplies Water Treatment Plant
98257 1,212 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
98258 225 ENVIROBATE METRO Building Repair&Maint. Heritage Preservation
98259 389 FACILITY SYSTEMS INC Capital Under$2000 Capital Impr./Maint.Fund
98260 3,750 FAMILY&CHILDRENS SERVICE Miscellaneous Housing Trans&Human Sery
98261 146 FERRELLGAS Motor Fuels Ice Arena
98262 399 FIBRCOM-MN Pager&Cell Phone Wireless Communication
98263 32 FIRE INSTRUCTORS ASSOCIATION 0 Tuition Reimbursement/School Fire
98264 101 FISHER SCIENTIFIC Operating Supplies Water Treatment Plant
98265 250 FLEX COMPENSATION INC Printing Employee Benefits
98266 31 FLUKE ELECTRONICS Operating Supplies Wireless Communication
98267 872 FORCE AMERICA Equipment Parts Fleet Services
98268 100 FRANKLIN COVEY CO. Office Supplies General
98269 205 G&K SERVICES DIRECT PURCHASE Clothing&Uniforms Street Maintenance
98270 1,258 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
98271 30 G.C.PETERSON MACHINERY CO.IN Repair&Maint.Supplies Park Maintenance
98272 118 GINA MARIAS INC Operating Supplies Fire
98273 89 GLENROSE FLORAL AND GIFT SHOPS Employee Award Human Resources
98274 264 GREAT RIVER ENERGY Operating Supplies Finance
98275 77 GROSSMAN CHEVROLET COMPANY INC Equipment Repair&Maint Fleet Services
98276 37 HALDEMANN HOMME INC Repair&Maint.Supplies Maintenance
98277 275 HAMILTON MICHAEL Other Contracted Services Broomball
98278 71 HANCE COMPANIES Equipment Parts Fleet Services
98279 469 HARMON AUTOGLASS Insurance Risk Management
98280 6,900 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services
98281 1,143 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
City of Eden Prairie
Council Check Register
3/20/2001
Check# Amount - Vendor Account Description Business Unit
98282 88 HENNEPIN COUNTY TREASURER Operating Supplies Community Development
98283 5,088 HENNEPIN SOUTH SERVICES COLLAB Miscellaneous Housing Trans&Human Sery
98284 475 HOLMES TOM Other Contracted Services Volleyball
98285 680 IN CONTROL INC. Other Contracted Services Water Treatment Plant
98286 495 INFRATECH Other Contracted Services Sewer System Maintenance
98287 867 INGRAHAM&ASSOC Other Contracted Services Park Acquisition&Development
98288 1,209 INTER-TEL TECHNOLOGIES INC. Other Contracted Services General
98289 102 INTOXIMETERS Operating Supplies Police
98290 113 J J KELLER&ASSOCIATES INC Safety Supplies Water Utility-General
98291 2,244 JANEX INC Cleaning Supplies General Facilities
98292 799 JAYTECH INC. Building Repair&Maint. Water Treatment Plant
98293 555 JOHN HENRY FOSTER MINNESOTA IN Other Contracted Services Water Treatment Plant
98294 170 JUSTUS LUMBER COMPANY Building Materials Street Maintenance
98295 634 KINKO'S Other Contracted Services Sewer Utility-General
98296 50 KOTTKE MARY Other Contracted Services Basketball
98297 32 KRAEMERS HARDWARE INC Small Tools Street Maintenance
98298 136 KUSTOM SIGNALS INC Operating Supplies Police
98299 97 LAB SAFETY SUPPLY INC Safety Supplies Fire
98300 107 LAERDAL MEDICAL CORPORATION Operating Supplies Police
98301 255 LAKE SUPERIOR COLLEGE Tuition Reimbursement/School Fire
98302 471 LAKELAND ENGINEERING EQUIP CO Equipment Parts Water Treatment Plant
98303 154 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services
98304 2,282 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
98305 9,620 LARKIN HOFFMAN DALY&LINDGREN Legal TIF fund
98306 550 LASTAVICH STEVE Other Contracted Services Heritage Preservation
98307 41 LEROY JOB TRUCKING Other Contracted Services Animal Control
98308 3,797 LIFE SAFETY SYSTEMS Building Repair&Maint. Senior Center
98309 733 LIGHTNING PRINTING Printing Senior Center Program
98310 837 M/A ASSOCIATES Cleaning Supplies Water Treatment Plant
98311 2,132 MACDONALD&MACK ARCHITECTS LT Other Contracted Services Heritage Preservation
98312 110,512 MACQUEEN EQUIPMENT INC Machinery&Equipment Storm Drainage
98313 70 MAIL BOXES ETC Postage General
98314 73 MARKS CERTICARE AMOCO Equipment Repair&Maint Fleet Services
98315 305 MARTIN-MCALLISTER Employment Support Test Human Resources
98316 48 MAXI-PRINT INC Printing Police
98317 1,845 MCNEILUS STEEL INC Building Repair&Maint. Water Utility-General
98318 4,390 MED-COMPASS INC. Employment Support Test Fire
98320 705 MENARDS Small Tools Park Maintenance
98321 4,853 METRO SALES INCORPORATED* Equipment Repair&Maint General
98322 235 METROPOLITAN AREA PROMOTIONS C Advertising Prairie View Liquor Store
98323 159 METROPOLITAN FORD Equipment Parts Fleet Services
98324 159 MIDWEST FIRE PROTECTION INC Equipment Repair&Maint Public Works/Parks
98325 111 MINN ST ADMIN ITG TELECOM SERV Computers Information Technology
98326 4,046 MINNESOTA BUSINESS FORMS Office Supplies General
98327 22 MINNESOTA CONWAY Repair&Maint.Supplies Fire
98328 2,640 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance
98329 260 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Water Treatment Plant
98330 1,505 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire
98331 1,901 MINNESOTA VIKINGS FOOD SERVICE Other Contracted Services Special Events&Trips
98332 91 MINNESOTA WANNER COMPANY Repair&Maint.Supplies Park Maintenance
98333 4,013 MIRACLE RECREATION OF MINNESOT Capital Under$2000 Furniture
98334 1,063 MOORE MEDICAL CORP Safety Supplies Fire
98335 425 NEUMANN NEAL Other Contracted Services Broomball
98336 104 NORTHERN TOOL&EQUIPMENT CO. Repair&Maint.Supplies Water Treatment Plant
98337 79 NORTHSTAR REPRO PRODUCTS INC Operating Supplies Engineering
98338 159 OLSEN COMPANIES Equipment Parts Fleet Services
98339 2,175 PARSONS ELECTRIC CO Other Assets Capital Impr./Maint.Fund
98340 30 PEPPER OF MINNEAPOLIS Operating Supplies Art&Music
98341 141 PETSMART Canine Supplies Police
City of Eden Prairie
Council Check Register
3/20/2001
Check# Amount - Vendor Account Description Business Unit
98342 21 POKORNY COMPANY Equipment Parts Fire Staion#3
98343 2,364 PRAIRIE ELECTRIC COMPANY Other Contracted Services Water Treatment Plant
98344 10 PRAIRIE LAWN AND GARDEN Operating Supplies General Facilities
98345 90 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
98346 170 RADIOSHACK Canine Supplies Police
98347 16 RAINBOW FOODS INC. Operating Supplies Senior Center Program
98348 276 RAY LEE Other Contracted Services Basketball
98349 110 RDO FINANCIAL SERVICES CO Equipment Repair&Maint Fleet Services
98350 1,342 RICMAR INDUSTRIES Chemicals Park Maintenance
98351 62 RIGID HITCH INCORPORATED Equipment Parts Fleet Services
98352 1,373 RMR SERVICES INC Other Contracted Services Water Meter Reading
98353 235 ROOT 0 MATIC Building Repair&Maint. Senior Center
98354 286 SAFETY CHEM INC. Operating Supplies Street Maintenance
98355 11,241 SHORT ELLIOT HENDRICKSON INC Design&Engineering Engineering
98356 904 SNAP-ON TOOLS Small Tools - Fleet Services
98357 70 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources
98358 909 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk
98359 152 ST CROIX RECREATION CO INC Repair&Maint.Supplies Miller Park
98360 1,951 STANDARD SPRING Equipment Repair&Maint Fleet Services
98361 15 STEMPF AUTOMOTIVE INDUSTRIES I- Equipment Parts Fleet Services
98362 206 STREICHERS Clothing&Uniforms Police
98363 2,027 STS CONSULTANTS LTD Design&Engineering Storm Drainage Projects
98364 4,285 SUMMIT ENVIROSOLUTIONS Design&Engineering Utility Improvement Fund
98365 286 SURVIVALINK CORP Safety Supplies Fire
98366 975 SWANSON JEFF Other Contracted Services Broomball
98367 125 SWEDLUNDS Waste Disposal Outdoor Center
98368 55 TAPE COMPANY THE Video&Photo Supplies Communication Services
98369 316 THYSSEN LAGERQUIST ELEVATOR Other Contracted Services Water Treatment Plant
98370 267 TIERNEY BROS INC Operating Supplies Park Maintenance
98371 2,158 TIM'S TOWER SERVICE INC. Other Assets Capital Impr./Maint.Fund
98372 138 TIMBERWALL LANDSCAPING INC Building Materials Park Acquisition&Development
98373 11,608 TKDA Design&Engineering Utility Improvement Fund
98374 28 TWIN CITY OXYGEN CO Operating Supplies Water System Maintenance
98375 1,079 UNIFORMS UNLIMITED Clothing&Uniforms Police
98376 125 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
98377 1,438 US BANK TRUST NATIONAL ASSN Paying Agent HRA 2nd Sheet of Ice 1992A
98378 662 US FILTER/WATERPRO Equipment Parts Water Meter Repair
98379 120 US OFFICE PRODUCTS Office Supplies Fire
98380 16 USF SURFACE PREPARATION Operating Supplies Street Maintenance
98381 860 VISIONARY SYSTEMS LTD. Legal Fire
98382 110 W W GRAINGER Equipment Parts Fleet Services
98383 947 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance
98384 360 WIEBER RICH Other Contracted Services Police
98385 1,538 WINGFIELD PERFORMANCE INC. Equipment Repair&Maint Fleet Services
98387 4,821 WM MUELLER AND SONS INC Sand Snow&Ice Control
98388 84 WOLF CAMERA INC Video&Photo Supplies Human Resources
98389 140 WRIGHT LINE INC Capital Under$2000 Furniture
98390 232 XPECT FIRST AID Safety Supplies Risk Management
98391 245 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services
98392 165 ZIEGLER INC Equipment Parts Fleet Services
2,091,235
1
CITY COUNCIL _ DATE: March 20,
AGENDA SECTION: Petition,Requests, and Communications 2001
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.
Community Development I-494 Corridor Commission Update
&Financial Services: �/
Don Uram /�'
David Lindahl
Requested Council Action:
None
Synopsis:
Jim Hovlin and Lisa Raduenz will provide a brief update of activities of the I-494 Corridor Commission.
Background:
Jim Hovlin is a Councilmember in Edina and is the new Chair of the I-494 Corridor Commission,replacing Ross
Thorfinnson January 1, 2001. Lisa Raduenz is a consultant working for the Commission
Attachments:
•
CITY COUNCIL AGENDA DATE:
March 20,2001
SECTION: Reports of Councilmembers
ITEM NO.:
ITEM DESCRIPTION:
SERVICE AREA/DIVISION: City Manager's Evaluation and Merit Bonus
City Council Recommendation
_ —
Requested Action
Move to: Approve the City Manager's 2000 evaluation and merit bonus award of 3.5 percent of
his 2000 salary.
Synopsis
Mayor Harris and Councilmember Case conducted a performance evaluation of the City
Manager and made recommendations for a merit bonus award. The recommendations were
presented to the Council in a closed session at the March 6,2001, Council meeting.
1