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Home My WebLink AboutCity Council - 04/16/2002 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,APRIL 16,2002 CITY CENTER 5:00- 6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman CITY STAFF: City Manager Carl Jullie,Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz, Director of Parks and Recreation Services Bob Lambert, Community Development and Financial Services Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER II. APPROVAL OF AGENDA IV. COUNCIL GOALS V. SOUTHWEST METRO TRANSIT UPDATE VI. OTHER TOPICS Council Chamber VII. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) VIII. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.) IX. ADJOURNMENT AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,APRIL 16,2002 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, David Luse and Jan Mosman CITY COUNCIL STAFF: City Manager Carl Jullie,Parks &Recreation Services Director Bob Lambert,Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. RESOLUTION ESTABLISHING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING(QUALIFIED HOUSING)DISTRICT NO. 18 III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,APRIL 16,2002 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, David Luse and Jan Mosman CITY STAFF: City Manager Carl Jullie,Parks&Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services - Director Don Uram, City Planner Michael Franzen,City Attorney Ric Rosow and Council Recorder Jan Nelson Curielli I. ROLL CALL/CALL THE MEETING TO ORDER H. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. CHAMPION OF HEALTH PRESENTATION BLUE CROSS/BLUE SHIELD V. ARBOR DAY PROCLAMATION VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VII. MINUTES VIH. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRAIRIE CENTER DRIVE MEDICAL BUILDING Grootwassink Real Estate. Planned Unit Development Concept Amendment on 6.62 acres, Planned Unit Development District Review with waivers on 6.62 acres, Zoning District Amendment within the Office District on 3.7 acres, Zoning District Change from I • - 2 and Rural to Office on 2.92 acres, Site Plan Review on 6.62 acres, and Preliminary Plat of 6.62 acres into two lots. Location: 800 Prairie Center Drive. (Ordinance for PUD District Review and Zoning District Change from Rural and I-2 Park to Office,Resolution for Site Plan Review,Developer Agreement) C. MITCHELL CROSSING by Mitchell/5,Inc.Planned Unit Development Concept Amendment on 3.45 acres, Planned Unit Development District Review with waivers on 3.45 acres,Zoning District Amendment within the Community Commercial Zoning District on 3.45 acres,and Preliminary Plat of 3.45 acres into one lot,two outlots and road right-of-way.Location: Southeast corner of Mitchell Road and Martin Drive.(Ordinance for PUD District Review and Zoning District Amendment in the Community Commercial Zoning District) CITY COUNCIL AGENDA April 16,2002 Page 2 D. ADOPT RESOLUTION APPROVING FINAL PLAT OF MITCHELL CROSSING E. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR CHARLSON AREA IMPROVEMENTS—PHASE II,I.C. 02-5564 F. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY • CODE SECTION 4.40 SUBDIVISION 2,RELATING TO ON-SALE WINE LICENSES G. ADOPT RESOLUTION ESTABLISHING PRECINCT BOUNDARIES H. AWARD CONTRACT FOR PAINTING OF RINK II CEILING AT THE COMMUNITY CENTER I. AWARD CONTRACT FOR DEMOLITION OF THE POLICE BUILDING J. FIRST AMENDMENT TO ASSESSMENT AGREEMENT WITH LYNN L. CHARLSON AND RESOLUTION AMENDING RESOLUTION 2000-125 K. AWARD CONTRACT FOR DEVELOPMENT OF CRESTWOOD PARK IX. PUBLIC HEARINGS/MEETINGS A. TAX INCREMENT FINANCING DISTRICT NO. 18 AND TAX INCREMENT FINANCING PLAN FOR HEIGHTS AT VALLEY VIEW PROJECT (Note: This item is a joint hearing of the Housing and Redevelopment Authority and City Council) B. THE HEIGHTS AT VALLEY VIEW by Eden Prairie Leased Housing Associates I,LLP. Guide Plan Change from Office/Industrial to High Density Residential on 10.26 acres,Planned Unit Development Concept Review on 10.26 acres,Planned Unit Development District Review with waivers on 10.26 acres, Zoning District Change from Rural to RM-2.5 on 10.26 acres, Site Plan Review on 10.26 acres, and Preliminary Plat of 10.26 acres into 1 lot. Location: Flying Cloud Drive and Valley View Road. (Resolution for Guide Plan Change,Resolution for PUD Concept Amendment,Resolution for Preliminary Plat) C. PROPOSED ISSUANCE OF MULTIFANIILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $26,500,000 FOR THE HEIGHTS AT VALLEY VIEW PROJECT (Continued from March 7,2002) 1. Resolution Adopting a Financing Program for the Issuance of Bonds for the Acquisition and Construction of a Multifamily Housing Development CITY COUNCIL AGENDA April 16,2002 Page 3 2. Resolution Providing for the Issuance and Sale of Multifamily Housing Revenue Bonds to Provide Funds for a Multifamily Housing Proiect on Behalf of Eden Prairie Leased Housing Associates I,Limited Partnership X. PAYMENT OF CLAIMS M. ORDINANCES AND RESOLUTIONS MI. PETITIONS,REQUESTS AND COMMUNICATIONS A. PRESENTATION BY"CLEAN AIR ON THE PRAIRIE"REGARDING SECOND-HAND SMOKE FROM TOBACCO USE B. PETERSONBRIGGS REQUEST REGARDING MOVING THE ALTMANN HOUSE C. PRESENTATION BY HENNEPIN COUNTY REGARDING LRT FEASIBILITY STUDY XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. School District/City Joint Powers Agreement for Operation of Oak Point Pool D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Contract For Charlson Area Improvements F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS XVII. ADJOURNMENT ird PROCLAMATION ARBOR DAY- MAY 4, 2002 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel for our fires and countless other wood products; and WHEREAS,trees, whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting ways. NOW,'THEREFORE, I,Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 4, 2002, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well being of present and future generations. ADOPTED by the Eden Prairie City Council on this 161 day of April 2002. Nancy Tyra-Lukens,Mayor • 1 l°� CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16th,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P.Unit Clerk's License Application List .A . Gretchen Laven t These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel Becky Beiersdorf-Dogs Temporary Liquor Organization: Eden Prairie Lions Club Event: Schooner Days Dates: May 31, June 1 &2, 2002 Place: Round Lake Park&E.P. Community Center Temporary Beer Organization: Eden Prairie Lions Club Event: Fourth of July Date: July 4, 2002 Place: Round Lake Park Event: Corn Feed Date: August 3,2002 Place: Round Lake Park Event: Octoberfest Date: September 29th, 2002 Place: Staring Lake Park - 1 - CITY COUNCIL AGENDA DATE: 04/16/02 SECTION: Consent Agenda SERVICE AREAJDIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Prairie Center Drive Medical Building Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to Office on 2.92 acres, and Zoning District Amendment within the Office District on 3.7 acres; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Prairie Center Drive Medical Building. Synopsis This is a 28,000 square foot medical building and a 14,000 square foot addition to the Fairview Clinic. Attachments 1. Ordinance for PUD District Review with waivers and Zoning District Change 2. Resolution for Site Plan Review 3. Developer Agreement PRAIRIE CENTER DRIVE MEDICAL BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 8-2002-PUD-5-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land in the Office Zoning District be amended and land be removed from the Rural and I-2 Zoning Districts and be placed in the Planned Unit Development Office Zoning District 8-2002-PUD-5-2002 (hereinafter "PUD-5-2002- Office"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of April 16, 2002, entered into between 800 Prairie Center Drive LLC, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-5-2002-Office, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-5-2002-Office is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2002-Office is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-5-2002-Office are justified by the design of the development described therein. D. PUD-5-2002-Office is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the 3.7 acres of land shall be, and hereby is removed from the Rural and 1-2 Zoning Districts, and placed in the Office Zoning District and Amending 2.92 acres of land in the Office District and shall be included hereafter in the Planned Unit Development PUD-5-2002-Office and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of March, 2002, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 16th day of April, 2002. ATTEST: Kathleen A.Porta,City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on EXHIBIT A ORDINANCE LEGAL PRAIRIE CENTER DRIVE MEDICAL BUILDING Lot 2, Block 1, Datasery Business Center, except that part taken for right-of-way, being Parcel 86 of Minnesota Department of Transportation right-of-way Plat No. 27-53; all according to the plats thereof of record in Hennepin County,Minnesota. • PRAIRE CENTER DRIVE MEDICAL BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO. 8-2002-PUD-5-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, 1VIINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance amends 3.67 acres of land in the Office Zoning District and rezones 2.92 acres of land in the Rural and I-2 Districts to the Office Zoning District, located at 800 Prairie Center Drive. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) PRAIRIE CENTER DRIVE MEDICAL BUILDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PRAIRE CENTER DIRVE MEDICAL BUILDING FOR 800 PRAIRE CENTER DIRVE,LLC WHEREAS, 800 Prairie Center Drive, LLC, has applied for Site Plan approval for a 28,000 square foot medical building approved by the City Council on April 16, 2002; and WHEREAS,the Community Planning Board reviewed said application at a public hearing at its February 25,2002 meeting and recommended approval of said site plans; and WHEREAS,the City Council has reviewed said application at a public hearing at its March 19,2002,2002 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to 800 Prairie Center Drive, LLC, for the construction of a 28,000 square foot medical building based on plans dated March 19,2002,between 800 Prairie Center Drive, LLP,and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 16th day of April,2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPMENT AGREEMENT Prairie Center Drive Medical Building THIS AGREEMENT is entered into as of April 16,2002,by 800 Prairie Center Drive,LLC,a Minnesota limited liability corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Amendment on 6.62 acres, Planned Unit Development Concept Amendment within the Office District on 3.7 acres, Zoning District Change from Industrial(I-2)and Rural to Office on 2.92 acres, Site Plan Review on 6.62 acres,and Preliminary Plat of 6.62 acres into two lots, and Site Plan Review on 6.62 acres legally described on Exhibit A(the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District Change from I-2 and Rural to Office on 2.92 acres and Zoning District Amendment within the Office District on 3.7 acres,and Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat,Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials stamp dated March 6, 2002, reviewed and approved by the City Council on April 16, 2002, (hereinafter the "Plans")and identified on Exhibit B,subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. CROSS ACCESS,PARKING,AND MAINTENANCE AGREEMENT: Prior to issuance of the first building permit for the Property, the Developer shall enter into a cross access,parking, and maintenance agreement with Fairview Health Services, the form of which must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access and maintenance in parking areas,driveways and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to the issuance of any building permit for the Property,Developer shall submit to the City Engineer proof that the cross access,parking, and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City,its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to issuance of any occupancy permit for the Property,Developer shall complete implementation of the approved plan z Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond,Developer shall complete implementation of the approved plan. 8. NURP POND: Developer acknowledges City's requirement that a NURP facility for the treatment of storm water be treated and maintained on the Property. Developer has represented to the City that construction of such a pond on the Property is not feasible. The Developer agrees to install two Stormceptor's on the site to treat storm water generated from the proposed project and part of the existing Fairview Clinic site and to participate in the costs for implementation of a regional pond facility, which will serve the Property for additional treatment of storm water. Prior to the release of the final plat,Developer shall pay to the City the amount of $5,000. Developer acknowledges that this payment and the installation of the Stormceptor's is in lieu of an on-site NURP facility. 9. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B,Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit,Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 10. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 11. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 12. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters,and standard heating,ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 13. PERFORMANCE STANDARDS: Developer agrees that the project will occur in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. 14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Office District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD • A. A waiver from Building height of 54 feet. Code allows 30 feet. B. Zero foot setback for shared offsite parking. Code requires a 10 foot setback from a side or rear lot line. 15. RETAINING WALLS: Prior to issuance by fhe City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. /0 These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer agrees that the materials to be used shall be compatible with those used on adjacent lands. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 16. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 17. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for,site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 18. UTILITY PLANS: Prior to issuance by the City of any permit for the construction of utilities for the Property,Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public sanitary sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 19. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 20. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall implement a Travel Demand Management Plan (TDM) at the site to help reduce traffic congestion within the area. Prior to issuance of a building permit on the Property,the Developer shall submit and obtain approval of a TDM Plan from the City Engineer. The Developer shall provide to the City a Letter of Credit in the amount equal to the estimated cost($25,000)of implementing the first two years of the TDM Plan. The Letter of Credit will be released to the Developer on a"draw-down"basis during the later of the first two years of building occupancy or first two years of TDM Plan implementation,in the following manner: The Developer shall periodically submit to the City receipts of expenses associated with executing the TDM Plan. The City shall have 15 business days to review the receipts. If II within this 15 day period the City does not provide the Developer with written notice that it objects to all or any portion of the expenses which the Developer has submitted as TDM implementation expenses then in such event Developer may also exchange for the then existing Letter of Credit, a new or amended Letter of Credit in an amount equal to the previous total, less the total receipts submitted. 21. TREE LOSS - TREE REPLACEMENT: There are 665 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 241 diameter inches. Tree replacement required is 116 caliper inches.Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 116 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. I CITY COUNCIL AGENDA DATE: 04/16/02 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Mitchell Crossing 'C Scott A.Kipp Requested Action Move to: Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Community Commercial Zoning District on 3.45 acres. Synopsis This project is a preliminary plat to meet Amoco's lease option to acquire its portion of the 3.45- acre site. The project is located at the southeast corner of Mitchell Road and Martin Drive. Background Information No Developer's Agreement is necessary. The Council is requested to take action on the second reading of the PUD ordinance. The project will be subject to the following, prior to release of final plat: • An easement for cross access Attachments 1. Ordinance for PUD District Review and Zoning District Amendment MITCHELL CROSSING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO.9-2002-PUD-6-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Community Commercial Zoning District 9-2002-PUD-6-2002 (hereinafter "PUD-6-2002- Community Commercial). Section 3. The City Council hereby makes the following findings: A. PUD-6-2002-Community Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2002-Community Commercial is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-6-2002-Community Commercial are justified by the design of the development described in the preliminary plat dated February 7, 2002 as follows: 1. Lot size of 0.71 acres for Lot 1, 1.8 acres for Outlot A, and 0.375 acres for Outlot B. 2. Shoreland lot size of 0.375 acres for Outlot B. 3. Lot width and depth less than 300 feet for Lot 1, and Outlots A and B. 4. Front yard parking setback of 8 feet for the existing parking along Mitchell Road. 5. Rear yard accessory structure setback of 5 feet for Lot 1 for the existing car wash. 6. Zero foot setback for the existing pylon sign. D. PUD-6-2002-Community Commercial is of sufficient size, composition, and arrangement that its construction,marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the land shall be, and hereby is amended within the Community Commercial District and shall be included hereafter in the Planned Unit Development PUD-6-2002-Community Commercial, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of March, 2002, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 16th day of April, 2002. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on J EXHIBIT A Mitchell Crossing Legal Description: Lot 2,Block 1,Edenvale Industrial Park,Hennepin County,Minnesota, EXCEPTING therefrom, that part shown as Parcel 93 on Minnesota Department of Transportation Right of Way Plat Number 27-91, filed in the office of the Hennepin County Recorder, on April 29, 1999, as Document No. 6888395. MITCHELL CROSSING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.9-2002-PUD-6-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: ' This ordinance allows amendment of the zoning of land located at the southeast corner of Mitchell Road and Martin Drive within the Community Commercial Zoning District. Exhibit A,included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A.Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) J CITY COUNCIL AGENDA DATE: April 16,2002 SECTION: Consent Calendar SERVICE AREAJDIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Final Plat Approval of Mitchell Crossing Engineering Services jl a Randy Slick/ Eugene A.Dietz Requested Action Move to: Adopt the resolution approving the final plat of Mitchell Crossing. Synopsis This proposal, located at the southeast corner of Mitchell Road and Martin Drive. The plat consists of 3.45 acres to be divided into one lot, two outlots and right of way dedication for street purposes. Lot 1 is the existing Amoco Gas/Convenience Store and Car Wash. Amoco has operated at the present site under a lease agreement with the property owner that provides for the option to acquire the site. Amoco is exercising this option, therefore requiring the platting of the property. Background Information The preliminary plat was approved by the City Council March 19, 2002. Second Reading of the Rezoning Ordinance and final approval will be completed on April 16, 2002. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$396.75 • Receipt of street lighting fee in the amount of$700.92 • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Prior to release of final plat, Developer shall submit a cross-access and maintenance agreement • Outlot B is wetland and is proposed to be gifted to the City • Revision to plat to include boundary drainage and utility easements to Outlot A Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,IVIINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF MITCHELL CROSSING WHEREAS, the plat of Mitchell Crossing has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder,and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Mitchell Crossing is approved upon compliance with the recommendation of the City Engineer's report on this plat dated April 16,2002 B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on April 16,2002. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta,City Clerk 1------ - 1 1 I > ag - e= =E m 1 I nE I _ y :5§ I I • so _ni° E e I Z 3 .q 76 8 3 = -Ea 3 .16. nz _ • a E5 - - - '�" 1 _� poi 1 a °? 1 E Em n a t..) a a¢ `o - °0 Eli ye fi= zea WEo m e m - m __ _ _ ° o5 EP o P. S d a a:a - 1- i �g - e kSso Bizm o =_ a a•= a c8,`a. ° t 9:=s - n 5 .. .`s .° E8 °5 I€5 t 158 e .s zs _ I3 'St E =u _ a ° 5 - 5: gs.5a5 ..s IN < 1. X mee 5y gp of a E.`5 5il Yu, 3 3 - c - 6 3d t 5 aJ oL= S o•g:3 5 I 8 _ B. - - ^_i o ` il z 8 5 's ' s i6 fia o g� u 5 g < 3 3 G au s" i zn a : c C u 3 N Z o 3. z` L¢ as` r 5 55 o a zh 5° a $I '3 w>'' 1n T. a 0 1 , . ' ,i. u 5 ' b- mu - •`' �5�5 '6� - S. Iel rv° § L m U' 3 g L3 U arem agi 12a _ w 1 aE ` 5.7, 1 n '-•E ou < e1 L.: Z 1 5 xs aLii o S3.5042£ 8 g r a° 8S 3 `a 's U .1! DION h N I- W `� ' WI OW m\ U '' ' �9 i� g \ c, 1 O �x N z I W >,,,�> Ni 52 6 V.(' q c] I g 1. p• 46 C] ann 524.}2�2�' VPN� ., ate} l c7 • M•YZ,6Z,ZS 0s. '0'.." _ I r .._ 9922i -,ii cOC`' o+,0'`. r� 7 4 ' I'' <ra�73 t) = S N t] ia L aI :% 6 !II. W - ' g903. — � a e m 110! � ::i" 'r� 7 1 % I x t.,4 qi 5 a V cc ° x i 4 of `5_s s' ,4' cc< _ • .<_ + 4 O j O �' `5 it'' Vi m I8 st O !.J 1 m i \ ass — �? ----------- `a Cos �„0, a\;;,:� c � , \ / 1:1. r---_,,„ --....... oi 1 , z2 1 1 ...,a 1 ,,,,,,,,, .........._ „„.._,,c„,..,,,., ,., ,,7a. \ I I 1 I I 1 1 1 1------ - • CITY COUNCIL AGENDA DATE: April 16,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 02-5564 ITEM NO.: Engineering Services Approve Plans and Specifications and Ordering Alan D. Gray Advertisement for Bids for Charlson Area V E. , Eugene A.Dietz Improvements—Phase II Requested Action Move to:. Adopt resolution approving plans and specifications for I.C. 02-5564, Charlson Area Improvements-Phase II Synopsis The Charlson Area Improvements, Phase II includes street and utility improvements in Eden Prairie Road between Pioneer Trail and Hilltop Road. This project will provide improved access to Grace Church from Eden Prairie Road. Background Information The Charlson Area Improvements Project was authorized by Council July 18, 2000. The • estimated project cost for this extensive street and utility project was $9,176,500. The major elements of the project await easement agreements with the MAC. This proposed Phase II improvements will provide access to Grace Church. Phase II costs will be specially assessed in accordance with the feasibility study. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS • WHEREAS, the City Engineer with the assistance_of SRF, Inc., has prepared plans and specifications for the following improvements to wit: I.C.02-5564—Charlson area Improvements—Phase II Eden Prairie Road and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office,are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.rn., May 16,2002, at City Hall after which time they will be publicly opened by the City Clerk, will then be tabulated, and will be considered by the Council at 7:30 P.M.,Tuesday,May 21,2002, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5%(percent)of the amount of such bid. ADOPTED by the Eden Prairie City Council on April 16,2002. Nancy Tyra-Lukens,Mayor • ATTEST: SEAL • Kathleen A.Porta, City Clerk • CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Second Reading of an ITEM NO.: Community Development& Ordinance Amending City Code Section 4.40 Financial Services—Don Uram Subdivision 2,Relating To On-Sale Wine Licenses V[1 • F Requested Action Adopt: Second Reading of an Ordinance Amending City Code Section 4.40 Subdivision 2, Relating To On-Sale Wine Licenses, and Adopting By Reference, City Code Chapter 1 and Section 4.99,Which,Among Other Things, Contain Penalty Provisions. Synopsis The first reading of this Ordinance was adopted at the April 9, 2002, City Council meeting. City Code Section 4.40 subdivision 2 requires that restaurants have a minimum of"seventy-five" (75) seats in order to be granted an on-sale wine license. To accommodate smaller"bistro" style restaurants such as Punch Neapolitan Pizza, staff recommends that the number of seats required be reduced to "fifty"(50). All other requirements remain the same. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 4.40 SUBDIVISION 2, RELATING TO ON-SALE WINE LICENSES, AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 4.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. The City Code is amended by amending Section 4.40 subdivision 2 by deleting the second line the reference to "seventy-five (75)" and replacing it with "fifty (50) so that Section 4.40 subdivision 2 shall read in its entirety as follows: SECTION 4.40 ON-SALE WINE LICENSE REQUIRED Subd. 2. On-sale wine licenses shall be granted only to restaurants as defined in this Chapter. Provided, however, for purposes of this Section, such restaurant shall have appropriate facilities for seating not less than fifty(50) guests at one time. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2002, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2002. Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on the day of ,2002. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Clerk, - Kathleen Porta Resolution Establishing Precinct Boundaries C� Requested Action: Adopt the resolution establishing precinct boundaries. Synopsis: City governments must redistrict their precincts after State redistricting. Background: State redistricting divided Eden Prairie into two legislative districts—42A and 42B. Precinct Boundary Requirements: • Precincts must be arranged so that no precinct lies in more than one legislative or congressional district • For the first two years following a decennial census an election precinct boundary must follow a census block line • The boundaries of election precincts must follow visible, clearly recognizable physical features("visible,clearly recognizable physical feature"means a street,road,boulevard, parkway,river, stream, shoreline,drainage ditch,railway right-of-way, or any other line which is clearly visible from the ground. A street or other roadway which has been platted but not graded is not a visible, clearly recognizable physical.) • No population requirements in statutes—needs to be a size where the elections can be administered efficiently The new district line.affected precincts 3,4, and 7. • The portion of Precinct 3,south of Hillcrest Court,was added to Precinct 6 • The portion of Precinct 4,south of Valley View Road,was added to Precinct 10 • The portion of Precinct 7,south of Valley View Road,was added to precinct 11 Precincts 14, 15, 16 and 17 were modified based on population. Precinct 14 will provide an • additional polling place in the southeast quadrant. The polling place will be at the Homeward Hills Park Barn. A portion of 9A and 9B,west of Dell Road and the western half of former Precinct 14,form a new precinct—Precinct 19. The polling place will be at the new Grace Church. This precinct will eventually split as the population grows. Precinct 9B was renumbered Precinct 18. The northwest corner of Precinct 10,west of Highway 312,was added to Precinct 9. Hidden Oaks Drive was added into Precinct 12. Attachment: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION ESTABLISHING PRECINCT BOUNDARIES BE IT RESOLVED,by the City Council of the City of Eden Prairie that the precinct boundaries are changed according to the following descriptions and attached map: Precinct#1 is within the following described lines: Beginning at the Northwest corner of the City of Eden Prairie; thence southerly along the Westerly Boundary of Eden Prairie(approximately Minnesota Trunk Highway 101)to Duck Lake Trail;thence easterly along Duck Lake Trail to Dell Road;thence southerly along Dell Road to Duck Lake Trail;thence easterly along Duck Lake Trail to Duck Lake Road;thence northerly along Duck Lake Road to the Northerly Boundary of Eden Prairie(approximately Hennepin County Road 62);thence westerly along said Northerly Boundary to the beginning. Precinct#2 is within the following described lines: Beginning at the intersection of the Northerly Boundary of Eden Prairie (approximately Hennepin County Road 62)and Duck Lake Road;thence southerly along Duck Lake Road to Valley View Road; thence easterly along Valley View Road to the Twin Cities and Western Railroad(a.k.a. Soo Line Railroad);thence northeasterly along said Railroad to the Northerly Boundary of Eden Prairie;thence westerly along said Northerly Boundary to the beginning. Precinct#3 is within the following described lines: Beginning at the intersection of the Northerly Boundary of Eden Prairie (approximately Hennepin County Road 62) and the Twin Cities and Western Railroad (a.k.a. Soo Line Railroad);thence southwesterly along said Railroad to Hennepin County Road 4(a.k.a.Eden Prairie Road);thence southerly along said County Road 4 to South Hillcrest Court;thence easterly and northeasterly along Hillcrest Court to North Hillcrest Court; thence easterly along North Hillcrest Court to Purgatory Creek;thence southerly,southeasterly and easterly along Purgatory Creek to Valley View Road;thence easterly along Valley View Road to the Hennepin County Light Rail Transit Authority Corridor; thence northeasterly along said Corridor to the Northerly Boundary of Eden Prairie; thence westerly along said Northerly Boundary to the beginning. Precinct#4 is within the following described lines: Beginning at the intersection of the Hennepin County Light Rail Transit Authority Corridor and the Northerly Boundary of Eden Prairie (approximately Hennepin County Road 62); thence southwesterly along said Corridor to Valley View Road;thence easterly along Valley View Road to Hennepin County Road 60(a.k.a.Baker Road);thence northerly along said County Road 60 to the Northerly Boundary of Eden Prairie; thence westerly along said Northerly Boundary to the beginning. Precinct#5 is within the following described lines: Beginning at the intersection of the Westerly Boundary of Eden Prairie (approximately Minnesota Trunk Highway 101)and Duck Lake Trail;thence southerly along said Westerly Boundary to the Northerly Boundary of the Chanhassen Exception to Eden Prairie (approximately the Twin Cities and Western Railroad [a.k.a. Soo Line Railroad]); thence northeasterly along said Northerly Boundary Exception to its intersection with the Easterly Boundary of the Chanhassen Exception to Eden Prairie(approximately Dell Road);thence continuing northeasterly along the Twin Cities and Western Railroad to Valley View Road; thence northwesterly along Valley View Road to Duck Lake Road; thence northerly along Duck Lake Road to Duck Lake Trail;thence westerly along Duck Lake Trail to Dell Road; thence northerly along Dell Road to Duck Lake Trail;thence northwesterly along Duck Lake Trail to the beginning. Precinct#6 is within the following described lines: Beginning at the intersection of the Twin Cities and Western Railroad (a.k.a. Soo Line Railroad) and the Easterly Boundary of the Chanhassen Exception to Eden Prairie (approximately Dell Road); thence southerly along said Easterly Boundary Exception to Minnesota Trunk Highway 5;thence easterly along said Highway 5 to the Hennepin County Light Rail Transit Authority Corridor; thence northeasterly along said Corridor to Valley View Road;thence westerly along Valley View Road to Purgatory Creek;thence westerly, northwesterly and northerly along Purgatory Creek to North Hillcrest Court;thence westerly along North Hillcrest Court to South Hillcrest Court; thence southwesterly and westerly along South Hillcrest Court to Hennepin County Road 4(a.k.a.Eden Prairie Road);thence northerly along said County Road 4 to the Twin Cities and Western Railroad; thence southwesterly along said Railroad to the beginning. Precinct#7 is within the following described lines: Beginning at the intersection of Northerly Boundary of Eden Prairie (approximately Hennepin County Road 62) and Hennepin County Road 60 (a.k.a. Baker Road); thence southerly along said County Road 60 to Hennepin County Road 39 (a.k.a. Valley View Road); thence easterly along said County Road 39 to U.S. Interstate Highway 494; thence northwesterly along said Highway 494 to the Northerly Boundary of Eden Prairie; thence westerly along said Northerly Boundary to the beginning. Precinct#8 is within the following described lines: Beginning at the intersection of the Northerly Boundary of Eden Prairie (approximately Hennepin County Road 62) and U.S. Interstate Highway 494; thence southeasterly and easterly along said Highway 494 to the Easterly Boundary of Eden Prairie(approximately Washington Avenue); thence northerly along said Easterly Boundary to the Northerly Boundary of Eden Prairie;thence westerly along said Westerly Boundary to the beginning. Precinct#9 is within the following described lines: Beginning at the intersection of the Easterly Boundary ofthe Chanhassen Exception to Eden Prairie(approximately Dell Road)and Minnesota Trunk Highway 5;thence southerly along said Easterly Boundary Exception to the intersection with the Southerly Boundary of the Chanhassen Exception to Eden Prairie; thence continuing southerly on Dell Road to the Hennepin County Light Rail Transit Authority Corridor; thence northeasterly along said Corridor to Minnesota Trunk Highway 5; thence westerly along said Highway 5 to the beginning. Precinct#10 is within the following described lines: Beginning at the intersection of the Hennepin County Light Rail Transit Authority Corridor and Valley View Road;thence southwesterly along said Corridor to Hennepin County Road 4(a.k.a.Eden Prairie Road);thence southerly along said County Road 4 to Hennepin County Road 1 (a.k.a. Pioneer Trail); thence easterly along said County Road 1 to Staring Lake Parkway;thence northeasterly along Staring Lake Parkway to Twin Lakes Crossing;thence northwesterly along Twin Lakes Parkway to Mitchell Road;thence northerly along Mitchell Road to U.S.Highway 312(a.k.a.Minnesota Trunk Highway 5);thence continuing northerly along Hennepin County Road 60 (a.k.a. Mitchell Road) to Valley View Road; thence northwesterly,westerly and southwesterly along Valley View Road to the beginning. Precinct#11 is within the following described lines: Beginning at the intersection of Hennepin County Road 60 (a.k.a. Mitchell Road) and Hennepin County Road 39 (a.k.a. Valley View Road);thence southerly along said County Road 60 to U.S. Highway 312 (a.k.a. Minnesota Trunk Highway 5); thence continuing southerly along Mitchell Road to Anderson Lakes Parkway;thence easterly and southeasterly and easterly along Anderson Lakes Parkway to U.S. Highway 212 (a.k.a. Flying Cloud Drive); thence northerly and northeasterly along said Highway 212 to U.S. Interstate Highway 494;thence northwesterly along said Highway 494 to Hennepin County Road 39; thence southwesterly, westerly and northwesterly along said County Road 39 to the beginning. Precinct#12 is within the following described lines: Beginning at the intersection of U.S. Highway 212 (a.k.a. Flying Cloud Drive) and U.S. Interstate Highway 494; thence southerly and southwesterly along said Highway 212 to Anderson Lakes Parkway;thence easterly,southeasterly and northeasterly along Anderson Lakes Parkway to the Easterly boundary of Eden Prairie(approximately U.S.Highway 169); thence northerly along said Easterly boundary to U.S. Interstate Highway 494; thence westerly and northwesterly along said Highway 494 to the beginning. Precinct#13 is within the following described lines: Beginning at the intersection of Mitchell Road and Anderson Lakes Parkway; thence southerly along Mitchell Road to Twin Lakes Crossing; thence southeasterly along Twin Lakes Crossing to Staring Lake Parkway;thence southwesterly along Staring Lake Crossing to Hennepin County Road 1 (a.k.a.Pioneer Trail);thence southeasterly along said County Road 1 to U.S.Highway 212(a.k.a.Flying Cloud Drive);thence northeasterly and northerly along said Highway 212 to Anderson Lakes Parkway; thence westerly and northwesterly along Anderson Lakes Parkway to the beginning. 1 Precinct#14 is within the following described lines: Beginning at the intersection of U.S.Highway 212(a.k.a.Flying Cloud Drive)and Hennepin County Road 1 (a.k.a.Pioneer Trail);thence southwesterly along said Highway 212 to Riley Creek; thence southeasterly along Riley Creek to Grass Lake; thence the northwesterly, westerly, southwesterly and southerly edge of Grass Lake to the Grass Lake Outlet;thence southerly and southwesterly along said Outlet to the Southerly Boundary of Eden Prairie . (approximately the Minnesota River);thence southeasterly,easterly and northeasterly along said Southerly Boundary to the Easterly Boundary of Eden Prairie (approximately U.S. Highway 169); thence northerly along said Easterly Boundary to Riverview Road; thence westerly along Riverview Road to Purgatory Creek; thence westerly, northwesterly, northerly, northeasterly and easterly along Purgatory Creek to Hennepin County Road 1; thence northwesterly,westerly and southwesterly along said County Road 1 to the beginning. Precinct#15 is within the following described lines: Beginning at the intersection ofU.S.Highway 212(a.k.a.Flying Cloud Drive)and Anderson Lakes Parkway; thence southerly and southwesterly along said Highway 212 to Hennepin County Road 1 (a.k.a.Pioneer Trail);thence southeasterly,easterly and northeasterly along said County Road 1 to Homeward Hills Road;thence northerly along Homeward Hills Road to Sunnybrook Road; thence easterly along Sunnybrook Road to Olympia Drive; thence northerly along Olympia Drive to Mount Curve Road; thence southeasterly and easterly along Mount Curve Road to Franlo Road;thence northerly along Franlo Road to Anderson Lakes Parkway; thence northwesterly, westerly and southwesterly along Anderson Lakes Parkway to the beginning. Precinct#16 is within the following described lines: Beginning at the intersection of Anderson Lakes Parkway and Franlo Road;thence southerly along Franco Road to Mount Curve Road; thence westerly and northwesterly along Mount Curve Road to Olympia Drive;thence southerly along Olympia Drive to Sunnybrook Road; thence westerly along Sunnybrook Road to Homeward Hills Road;thence southerly along Homeward Hills Road to Hennepin County Road 1 (a.k.a. Pioneer Trail); thence southeasterly along said County Road 1 to the Easterly Boundary of Eden Prairie (approximately U.S. Highway 169); thence northerly along said Easterly Boundary to Anderson Lakes Parkway;thence westerly along Anderson Lakes Parkway to the beginning. Precinct#17 is within the following described lines: Beginning at the intersection of Hennepin County Road 1 (a.k.a. Pioneer Trail) and the Easterly Boundary of Eden Prairie(approximately U.S.Highway 169);thence northwesterly along said County Road i to Purgatory Creek; thence easterly, southeasterly, southerly, southwesterly and westerly along Purgatory Creek to Riverview Road;thence easterly along Riverview Road to the Easterly Boundary of Eden Prairie; thence northerly along said Easterly Boundary to the beginning. 5 Precinct#18 is within the following described lines: Beginning at the intersection of Dell Road and the Hennepin County Light Rail Transit Authority Corridor;thence southerly along Dell Road to Hennepin County Road 1 (a.k.a. Pioneer Trail);thence easterly along said County Road 1 to Hennepin County Road 4(a.k.a. Eden Prairie Road); thence northerly along said County Road 4 to the Hennepin County Light Rail Transit Authority Corridor; thence southwesterly along said Corridor to the beginning. Precinct#19 is within the following described lines: Beginning at the intersection of the Westerly Boundary of Eden Prairie and the Southerly Boundary of the Chanhassen Exception to Eden Prairie;thence southerly along said Westerly Boundary to the Southerly Boundary of Eden Prairie(approximately the Minnesota River); thence northeasterly,easterly and southeasterly along said Southerly Boundary to the Grass Lake Outlet;thence northerly and northeasterly along said Outlet to Grass Lake;thence along the southerly,southwesterly,westerly and northwesterly edge of Grass Lake to Riley Creek; thence northwesterly along Riley Creek to U.S.Highway 212 (a.k.a. Flying Cloud Drive); thence northeasterly along said Highway 212 to Hennepin County Road 1 (a.k.a. Pioneer Trail) thence northwesterly,westerly and southwesterly along said County Road 1 to Dell Road; thence northerly along Dell Road to the Southerly Boundary of the Chanhassen Exception to Eden Prairie;thence westerly along said Southerly Boundary Exception to the beginning. ADOPTED by the City Council of the City of Eden Prairie this 16th day of April 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk 6 CITY COUNCIL AGENDA DATE: April 16, 2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: Award contract for 1'1'EM NO: Parks and Recreation painting of ceiling in Rink II at the Community Through: Robert A.Lambert, Center. 4 Director From: Lyndell Frey, Community Center Manager Requested Action Motion: Move to approve the awarding of the contract to Lonsdale Painting in the amount of$48,500.00 for painting the ceiling of Rink II at the Community Center. Synopsis Staff recommends the approval of the bid of Lonsdale Painting to clean and repaint the ceiling in Rink II at the Community Center. In addition to the$48,500.00 bid there is an additional fee not to exceed 10% of the construction cost(approximately$4,850.00)for architect fees. Staff recommends using the$40,000.00 budgeted in the 2002 Capital Improvement funds for this project as well as an additional $13,500.00 to be taken out of the Community Centers general repair and maintenance budget. Background Rink II was opened in 1992. The original budget request of$40,000.00 was based on one company's rough estimate of the Rink II painting project. After closer inspection of the ceiling it was determined that certain areas of the ceiling need scraping and repairing of rust areas as well as the entire ceiling needs to be bleached and scrubbed for mold. Based on the recommendation of Delano Erickson Architects, specifications were drawn up to address these concerns. Staff at a future time may need to request additional funding in the 2003 budget to correct a potential dehumidification problem in Rink II. The requested $13,500 additional dollars if taken out of the Community Center's general repairs and maintenance budget would create a short fall within that budget area. This budget shortfall of$13,500 would be offset by the revenue generated in Rink II in the year 2002, due to the restructuring of the revenue bond fee schedule payments. Attachments 1. Bid Information Letter(Del Erickson Architect) 2. Bid Tabulation Sheet l em 04/10/ZUUZ WED US:49 FAA. 651 917 Z162 .RUGULIGII CUIrS11(1eT1U.N 14juoi /•/ DELANO ERICKSON ARCHITECTS 7415 WAYZATA BOULEVARD MINNEAPOLIS,MN 55426 612-544-8370 April 9,2002 Mr.Robert Lambert Director Department of Parks&Recreation City of Eden Prairie 8080 Mitchell Road • Eden Prairie,Minnesota 55344 Fax No.: 952-949-8480 Re: Comtnut►ity Center Arena II Painting Commission No. 0203 Dear Bob: • Bids were received on the above project on April 5,2002 from three painting contractors we had issued plans to. Bids ranged from$48,500 to$57,750 on Miller,for which we bad estimated$50,000 plus. The low bid is below our estimate and budget and,therefore, we recommend award of contract to: Lonsdale Painting&Decorating for a sum of$48,500. Please call me with any questions. Sincerely, DELANO ERICKSON ARCHITECTS Del Erickson,MIA DE/tit - -- - ---:- - - - ctr k1M 1riL21"-LIT- t-.Lt)7-Z' 701M7`A ?{aH Eden Prairie Arena IP Painting BID TABUTATION City of Eden Prairie Bids due 10:00 A.M. Friday April 5, 2002 DELANO ERICKSON ARCHITECTS Bidder • Base Bid No Addenda Bid Security 00500 48, . Lonsdale Painting $ - Champion Coatings $57,750.00 P.L. Services Inc. $56,424.00 - i 1 1 • • • 4 A 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 9,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Financial Services Award Contract for Demolition of Old Police 1a' , T, Donald R.Uram Station Requested Action Move to: Award contract for demolition of the Old Police Station to Kevitt Excavating, Inc. Synopsis Sealed bids were received Monday, March 25, 2002 for the demolition of the old Police Station with an Alternate Bid to Salvage and Recycle Demolition Materials (deconstruct). Four bids were received and are tabulated as follows: Demolition Salvage/Recycle Kevitt Excavating $ 53,940 Belair $ 84,053 $ 84,053 Ingram Excavating $ 87,725 $363,700 Carl Bolander& Sons $ 99,800 $129,850 Staff recommends award of the contract for demolition to the low bidder, Kevitt Excavating. Bid specifications require that the contractor divert a minimum of 75% of the demolition/deconstruction materials from disposal in a landfill. Diversion can be salvage, recycle or a combination of both. The contractor shall submit proof of compliance with this specification. Background Information In September 2000, the City of Eden Prairie entered into an agreement with LHB Architects and Engineers to study the feasibility of using a "deconstruction" process to tear down the old Public Safety Building. LHB presented their report to the City Council on November 20. Their conclusion was that it may be feasible to "deconstruct" the building provided that the cost not exceed the value of the salvaged materials plus the cost of regular demolition. The next step was to prepare bid documents and advertise for the demolition of the building and an alternate bid for the deconstruction of the building. The project was advertised and the bids were opened on March 25. A total of four companies submitted bids on the project. Each company submitted a bid for demolition that ranged from $53,940 to $99,800. Only three companies submitted a bid for deconstruction ranging from $84,053 to $363,700. This is a difference of$30,113 between the low bid for demolition and the low bid for deconstruction. To help decide whether to demolish or deconstruct, Staff met with Kevitt Excavating on-site to determine what materials could realistically be re-used. The overall conclusion is that the glue-lam beams would have the greatest salvage value. Kevitt has quoted a price to remove the beams for $2,400 to $4,800. Salvaging these beams for the City would only be feasible if there was a proposed use. One use being considered is the proposed outdoor baseball stadium to be constructed in Miller Park within the next two to three years. The architect is analyzing the design to determine if the beams can be used. If they can, Staff will process a change order in the amount quoted for the removal of the beams. CITY COUNCIL AGENDA DATE: April 16,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Services Amendment to Assessment Agreement with Eugene A.Dietz Lynn L. Charlson and Resolution Amending I I . J. Resolution 2000-125 Requested Action Move to: Approve first amendment to agreement regarding special assessments with Lynn L. Charlson and adopt a resolution amending Resolution 2000-125 regarding certain special assessments levied on July 18, 2000. Synopsis At the request of the property owner, Lynn L. Charlson, and to the mutual benefit of the City of Eden Prairie, a special assessment agreement was entered into between Charlson and the City on March 19,2000,which provided for the levying of special assessments that would be incurred to provide the infrastructure necessary for development of his property. Further, the City conducted a public hearing and levied the estimated amount of special assessments against all of the property owned by Lynn Charlson on July 18, 2000. All parties had a general expectation that construction of improvements would begin in 2001. The City has been unable to secure easements from the Metropolitan Airports Commission that would enable construction to proceed in a more timely fashion. This amendment to the assessment agreement and resolution that levied the assessments recognizes these unforeseen delays and changes two dates: interest on the assessment will be.calculated beginning November 1, 2003 rather than November 1, 2000; collection of the first installment of special assessments against the property will begin with taxes due in 2004 rather than 2002. Finally, a provision has been added to require the developer of Site A of Hennepin Village to deposit 125% of the estimated assessment amount for each individual parcel prior to building permit issuance. This will protect the City against costs that will be incurred and also allow individual closings without assessment liens for homebuyers. Background Information As a result of issues surrounding the airport expansion,the ability to secure easements and/or right-of-way from MAC for the construction of the Charlson Area Improvements was substantially impaired,which in turn has delayed the projects. The property owner and the developer of Hennepin Village have requested relief from paying accumulated interest and beginning installment payments on this special assessment prior to being able to utilize the improvements. Staff have analyzed this request and conclude that it is unlikely to compromise the funding for the project and will have a positive impact on the feasibility and progress of the Hennepin Village Development. Staff recommends approval of the amendment to the special assessments agreement and adoption of the amended resolution. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- A RESOLUTION AMENDING RESOLUTION 2000-125 WHEREAS, pursuant to Resolution 2000-125, the City Council on July 18, 2000 levied certain special assessments against the property set forth in the attached Exhibit A; and WHEREAS, City entered into Agreement Regarding Special Assessments as of June 20, 2000,with Lynn Charlson; and WHEREAS, City and Charlson desire to amend the Special Assessment Agreement and the City desires to amend Resolution 2000-125 to provide for an amended date for the payment of the first installment of the special assessments and clarifying the method of interest calculation. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council that Paragraphs 2 and 3 of Resolution 2000-125 be amended in their entirety as follows: 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown in Exhibit A. Installments shall bear interest at the rate of 8.5%, except no interest shall be charged if the entire assessment is paid on or before November 30, 2003. To the first installment shall be added interest on the entire assessment from November 1, 2003 until December 31, 2004. To each such installment when due shall be added interest for all unpaid installments. 3. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax list of the County and such, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2004. This resolution shall be effective only upon execution by all parties to that certain First Amendment to Agreement Regarding Special Assessments — Lynn L. Charlson attached hereto as Exhibit B. Except as amended or modified herein, Resolution 2000-125 shall remain in full force and effect. ADOPTED by the City Council of the City of Eden Prairie this 16th day of April,2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A.Porta, City Clerk FIRST AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSESSMENTS LYNN L. CHARLSON This First Amendment to the Agreement Regarding Special Assessments is entered into as of this 16th day of April, 2002 by Lynn L. Charlson, a single person, of Victoria, Minnesota ("Charlson"),The Pemtom Land Company,a Minnesota corporation,and the City of Eden Prairie,a municipal corporation("City"). RECITALS: A. Charlson and City entered into an Agreement Regarding Special Assessments as of June 20, 2000, (the "Assessment Agreement"), which property is described on Exhibit A attached hereto (hereinafter the"Property"). B. The Pemtom Land Company has acquired that portion of the property legally described on Exhibit B from Charlson(hereinafter the"Pemtom Property"). C. Section 5 of the Assessment Agreement provides for the terms of payment of certain special assessments levied against the property. D. The parties wish to amend Section 5 of the Assessment Agreement by amending the date for which installments of the special assessments will commence,clarify the method of interest calculation and collection of pending assessments. NOW,THEREFORE,in consideration of the mutual promises,covenants and undertakings, the parties agree as follows: The Assessment Agreement is amended by replacing Section 5 in its entirety with the following: 5a. The Property Special assessments levied against the property shall be due and payable in 20 annual installments together with interest at the rate of 8.5%, the first of which shall be payable commencing with the ad valorem taxes due in 2004. The first installment 1 3 shall include interest at the rate of 8.5%computed for the period November 1,2003 through December 31,2004. 5b. The Pemtom Property With respect to the Pemtom Property,prior to release of each building permit for any parcel, there shall be deposited with City a sum equal to 125% of the levied assessments, as determined by the City, allocated to the parcel for which a building permit is requested. Upon receipt of this amount,the City will amend its assessment records and so notify Hennepin County,as appropriate,to show that the assessments against the individual parcel have been paid in full. The City will retain the deposited funds until such time as the improvement project(s) for which the assessments were levied have been completed. At that time,the City will determine its final cost for the improvements,including construction,engineering,right of way, easements,administrative and interim financing costs,and make a reallocation in its sole discretion of those costs to the parcels comprising the Pemtom Property. In the event the reallocation costs to any individual parcel in the Pemtom Property is less than the amount deposited,the City will refund the excess to the party having made the original deposit. The City agrees to review the terms of this deposit requirement by December 31,2002,to determine if a modification of the terms is appropriate. 2 Nothing contained herein shall further amend or modify the rights or responsibilities of the parties with respect to the Assessment Agreement entered into between the parties dated June 20,2000. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens,Mayor Lynn L. Charlson Carl J. Jullie, City Manager THE PEMTOM LAND COMPANY By: Daniel J. Herbst Its: President 3 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of April, 2002, by Nancy Tyra-Lukens and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of April, 2002, by Lynn L. Charlson, a single person. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of April,2002,by Daniel J. Herbst the President of The Pemtom Land Company, a Minnesota corporation, on behalf of said corporation. Notary Public 4 C CITY COUNCIL AGENDA DATE: April 16, 2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: I'1'LM DESCRIPTION: Award Bid for aim NO: Parks and Recreation Development of Crestwood Park Through: Robert A. Lambert Director _ From: Stuart A. Fox: Manager Parks&Natural Resources C Requested Action Move to: Award bid to DMJ Corporation for $504,940.95 for the grading, drainage, pavement, landscaping, utilities and irrigation for Crestwood Park. Synopsis Staff has been working with Hansen Thorp Pellinen Olson, Inc. to develop the plans for the construction of Crestwood Park. This project has received the review of the City Council and staff was authorized to advertise for bids for the grading this park. The project was advertised in the Eden Prairie News and the Construction Bulletin. Bids were opened on April 11, 2002. The City received bids from nine contracting firms. Attached is a summary of the bids that were opened. The consultant's estimate for this project was $610,397.50. Staff recommends awarding the park construction bid to DMJ Corporation per their *bid of $478,400.95p1us the add alternate of $26,540. These two combined together make the total construction bid $504,940.95. This is approximately $105,000 below the Engineer's estimate. This park project will be paid out of cash park fees that have been designated for this project. Attachments: Bid Summary for Crestwood Park from HTPO SAF:mdd SUMMARY OF BIDS City of Eden Prairie I.C. 02-5556 &I.C. 02-5568 DESCRIPTION: Crestwood Park—Grading,Drainage,Pavement,Landscaping., Utilities and Irrigation BIDS OPENED: April 11, 2002 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson Inc. CHECKED BY: Hansen Thorp Pellinen Olson Inc. BIDDER BID SEC. BASE BID BASE BID W/ BASE BID W/ BASE BID W/ & Add.#1 DEDUCT ADD ALT. DEDUCT&ADD ALT. ALT. . DMJ Corporation Yes $478,400.95 $458,370.95 $504,940.95 $484,910.95 Ingram Excavating Yes $474,357.35 $452,799.85 $505,217.35 $483,659.85 Friedges Contracting Company Yes $491,367.25 $474,004.75 $521,451.25 $504,088.75 Frattalone Excavation. Yes $561,195.65 $539,045.65 $584,945.65 $562,795.65 Bituminous Roadway's Inc.. Yes $566,918.15 $545,688.15 $600,107.15 $578,877.15 Kusske Construction Co.Inc. Yes $572,658.00 $559,408.00 $602,013.00 $588,763.00 Lloyd's Construction Services Yes $579,221.00 $561,858.50 $638,881.00 $621,518.50 Veit&Company,Inc. Yes $629,491.75 $611,996.75 $655,404.25 $637,909.25 Adt-i Consultmg Engineer a CITY COUNCIL AGENDA SECTION: Public Hearing DATE: April 16,2002 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development Public Hearing to consider creating Tax &Financial Services: Increment Financing(TIF)District#18 for the Don Uram Heights at Valley View Project ' David Lindahl Requested HRA Action: Move to: Adopt Resolution relating to the Tax Increment Financing Plan(Qualified Housing)District No.18. Requested Council Action: Move to: Adopt Resolution creating Tax Increment Financing District No. 18 and approving the Tax Increment Financing Plan for the Heights at Valley View Project. Synopsis: The developer is requesting Tax Increment Financing(TIF) in return for which developer will reduce rents on 63 units (34%). Because the developer is using Tax Credits to finance the project,25% of the total square footage of the project must be affordable,which equates to 63 units. Rents on these units will be affordable to persons with incomes below 50%of the median income for the metro area. The proposed TIF District is expected to generate about$3,400,000 over seventeen years on a pay as you go basis. The Community Planning Board at the March 25, 2002 meeting found the use of TIF for this project consistent with the goals of City's Comprehensive Plan. Eighty percent (80%) of the tax increment collected over seventeen years, or$3,410,653,will be returned to the project provided it continues to meets its affordable obligations. The remaining 20%, or an estimated$852,671,will be pooled by the City and used for future transportation or trail improvements within the Golden Triangle Area. Background: The 186-unit apartment project will be located at the corner of Valley View Road and Flying Cloud Drive in the Golden Triangle Area. For the project to qualify for TIF twenty percent(20%)of the total units must be affordable to persons with incomes at or below 50%of the median income for the metro area. The applicable income limits and proposed rents are as follows: I Income Proposed Proposed Market Family Size Limit(50%) Bedrooms Rents Rents One $26,850 1 $580-640 $900- $1,050 Two $30,700 2 $685 $1,200-$1,525 The City is also providing a$375,000 Community Development Block Grant(CDBG)loan to the developer to help finance the affordable units.The loan,which will be secured by a mortgage,will include a 5%interest rate and be repaid in semiannual payments per a 15-year amortization schedule or in full if the project is sold or exchanged. Attachments: Resolutions TIF Plan City of Eden Prairie, Minnesota Eden Prairie Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing (Housing) District No. 18 (The Heights at Valley View Apartment Project) Draft: April 8, 2002 Prepared by: SPRINGSTED INCORPORATED 85 E. Seventh Place, Suite 100 St. Paul, MN 55101-2887 (651) 223-3000 WWW.SPRINGSTED.COM 3 s. TABLE OF CONTENTS Section Page A. Definitions ti 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 5 N. Original Net Tax Capacity 5 O. Original Tax Capacity Rate 6 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment 6 Q. Use of Tax Increment 7 R. Excess Tax Increment 7 S. Tax Increment Pooling and the Five Year Rule 8 T. Limitation on Administrative Expenses 8 U. Limitation on Property Not Subject to Improvements - Four Year Rule 9 V. Estimated Impact on Other Taxing Jurisdictions 9 W. Prior Planned Improvements 9 X. Development Agreements 9 Y. Assessment Agreements 10 Z. Modifications of the Tax Increment Financing Plan 10 AA. Administration of the Tax Increment Financing Plan 10 AB. 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 24 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. 18. "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 (see next paragraph for requirements) are more than 20% of the total fair market value of all the planned improvements. The fair market value of the ri SPRINGSTED Page 1 City of Eden Prairie, Minnesota improvements may be determined using the cost of 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 100% of the planned improvements in the TIF District will be for a qualified residential rental property. In addition, no fewer than 63 units will be rented to households at or below 50% of area median income for the duration of the TIF district. •This exceeds the statutory requirement of 38 units (20.4% of 186 units). 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 eight years from the date of receipt of the first tax increment. 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. Modifications of this plan (see Section AA) shall not extend this limitation. 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.2029),•but anticipates that the TIF District will be decertified at year-end 2020, after 17 years of tax increment collection. 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); (2) the Authority has acquired property within the TIF District; or (3) the Authority has constructed public improvements within the TIF District. SPRINGSltill Page 2 City of Eden Prairie, Minnesota Section G Property to be Included in the TIF District The TIF District is a 10.34 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 • 12-116-22-24-0009 •Wilson Ridge, Outlot E • 12-116-22-31-0007 Together with that part of the North-511.10 feet of the-Northeast�/a of the Southwest 1/4 of Section 12, Township 116, Range 22, Lying westerly of • County Road No. 39...(partial metes and bounds) 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 186-unit multi-family residential complex located at the•northwest corner of Valley View Road and Flying Cloud Drive. The project will include 67 • one-bedroom units, 97 two-bedroom units, 8 three-bedroom units, and 14 luxury units. Of • these, 53 one-bedroom units and 10 two-bedroom units will be affordable as per low-income • - housing tax credit standards for a minimum of 15 years or the duration of the TIF district, whichever is greater. This exceeds the requirements of a housing TIF district(no fewer than 38 units at or below 50% or area median income). Project construction is anticipated to begin in the summer of 2002 and be completed the following year. • 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; • See Sections E and I 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 development without the assistance of tax increment financing. The Authority has reviewed the estimated development costs, sources of 1 SPRINGSTED Page 3 City of Eden Prairie, Minnesota financing, and projected operating costs for the project. Costs attributable to site acquisition and preparation, as well as the ongoing provision of affordable rents for 63 units, will reduce the developer's return on investment. Without some level of tax increment financing (the terms and conditions of which will be finalized in a project management agreement), it is reasonable to expect that the project would not economically viable as proposed. • (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. • • Land/building acquisition 2,456,000' • • . • Site improvements/preparation costs • 891,000 • Installation of public utilities 65,000 Parking Facilities - 0 Bond interest payments 0 Loan principal payments 0 Loan/note interest payments 0 • Administrative expenses 50,000 Capitalized interest 0 • Other (eligible TIF pooling activities) 853.000 Subtotal 4,315,000 Transfers out 0 • • Total 4,315.000 • The City reserves the right to administratively 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. 2 SPRINGSTED Page 4 City of Eden Prairie, Minnesota Section L Estimated Sources of Revenue The City 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). Tax increment revenue 4,265,000 Interest on invested funds 50,000 Bond proceeds 0 Loan proceeds 0 Real estate sales 0 Special assessments 0 Rent/lease revenue • 0 Grants 0 Other 0 Subtotal 4,315,000 • Transfers in 0 Total 4,315.000 The City 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 City 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. 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, 2001 for taxes payable in 2002 is $389,100. 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$4,864. 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. SPRINGSTED 9 Page 5 City of Eden Prairie, Minnesota 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 2001 and payable in 2002, is 112.433% as shown below. The County Auditor shall certify this amount as the original tax capacity rate of the TIF District. 2001/2002 . Taxing Jurisdiction Local Tax Rate • City of Eden Prairie 37.611% Hennepin County 50.409% Independent School District#272 15.710% Metro-Special Taxing Districts 3.537% Other Special Taxing Districts •• 5.166% Total 112.433% • • 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. The Authority anticipates decertifying the District at year-end 2020, after collecting 17 years of tax increment,•but • reserves the right to allow the District to remain in existence the maximum duration allowed by law. .. . r�i SPRINGSTED / ' Page 6 City of Eden Prairie, Minnesota Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.425% 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 Ill 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 City 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 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. .- 2 SPRINGSTED if Page 7 City of Eden Prairie, Minnesota 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. • The Authority anticipates spending up to 20% of tax increments outside .of the TIF District. . • (including for allowable administrative expenses). The Authority also reserves the right to adjust its 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 SPRINGSTED Page 8 City of Eden Prairie, Minnesota 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. Section W 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 X 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. • SPRINGSTPU 13 Page 9 City of Eden Prairie, Minnesota The Authority anticipates entering into an agreement for development, but does not anticipate acquiring any property located within the TIF District. Section Y 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 Z 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 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 TIE District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels inithe 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 AA 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, ki SPRINGS I'PU 14- Page 10 City of Eden Prairie, Minnesota 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 TfF District; (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 AB 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; SPRINGSTED ( Page 11 City of Eden Prairie, Minnesota (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: 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 musts provide a copy to the State Auditor by the time it submits the annual statement for publication. ri SPRINGSTED i f Page 12 EXHIBIT I . r wi✓ i, _ i • - ---,. ce . .to • (Cr,/ IIIII fetik-V*- .--tete-106- ,ss.-1/ .;61.111..... "lib ,.:111V4411141,. ...; till*, it �� w�. * i. , .pi Z4.-11.74iillitiltii/7/ ,',:-'. ••":":.; ,s,e:tc%y.;t0::"! , 4y ,` i o„ �,� ry- •= ' .. +ylK� cva . O ^ a A L N /7 , :I lit -0 N co Wo •.:.w ; . / Ui-- =• • •• • • / ' arsr zaan Sa; / • ' I h^d�j Y pp .' lie• *, * ,- yi4toq Y. ' 1 x .C.: I `L rithi ,...'•-• . ., T,..„ ,, --....;„...,- „:.:-.1_,4?..,...;5.;',.!' At' . . r ' e-e �g --, f \ \\e M 51a I �I/� ;�� All ` 1*i v • 1 `� J` . • -;``,, .ter ~ #+ / 1. ��4` J . , E EXHIBIT II Assumptions Report I City of Eden Prairie,Minnesota Tax Increment Financing(Housing)District No.18 Heights at Valley View Apartments Type of Tax Increment Financing District Housing Maximum Duration of TIF District .• 25 years from 1st increment .- Certification Request Date 06/01/02 Decertification Date 12/01/20 (17 Years of Increment) 2001/2002 • Base Estimated Market Value $389,100 Times: First $0 1.25% 0 Excess 1.25% 4,864 Original Net Tax Capacity $4,864 Assessment/Collection Year 2002/2003 2003/2004 2004/2005 2005/2006 Base Estimated Market Value $389,100 $389,100 $389,100 $389,100 Increase in Estimated Market Value 0 7,202,676 18,590,340 18,590,340 Total Estimated Market Value $389,100 $7,591,776 $18,979,440 $18,979,440 Times:First $0 1.25% 0 0 0 0 Excess- 1.25% 4,864 94,897 .237,243 237,243 • Total Net Tax Capacity $4,864 $94,897 $237,243 $237,243 Base Inflation Factor NA Local Tax Capacity Rate 112.433% (Est.Pay 2002) Fiscal Disparities Contribution From TIF District 0.0000% Administrative Retainage Percent(maximum=10%) 0.00% Pooling Percent 20.00% City Tax Rate(Only if Local-Effort TIF) NA Bonds Note(Pay-As-You-Go) • Bonds Dated NA Note Dated 06/01/02' First Interest Date NA Note Rate 8.00% • Underwriters Discount NA LGA/HACA Loss: Will Annual Local Contribution Be Made(Yes or No)? NA I.S.D#xxx Equalized Tax Capacity Rate NA I.S.D#xxx Sales Ratio NA City Sales Ratio&Taxable Net Tax Capacity NA NA Present Value Date&Rate 06/01/02 5.50% Prepared by: Springsted Incorporated (printed on 04/08/2002 at 4:06 PM) Valley View TIF 040802.xlsAssumptions EXHIBIT II City of Eden Prairie, Minnesota Tax Increment Financing (Housing) District No. 18 Heights at Valley View Apartments • - Assumptions Apt. Class Rate " 1.25% • • • Base Values Assess Converted Parcel • 2001 EMV NTC 12-116-22-24-0009 241,000 3,013 12-116-22-31-0007 148,100 1,851 Totals 389,100 4,864 • Project Values • % Complete for 2003 40.00% Number of Units 186 Assessed Value/Unit* 102,040 EMV NTC Partial - Assess 2003 7,591,776 94,897 • Complete - Assess 2004 18,979,440 237,243 • • Prepared by Springsted lncporated (printed 04/08/2002) Valley View TIF 040802.xlsValues EXHIBIT III N X N CD CO - O d' O CI_ I--. 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'- h- f0• O H t O F C 0 m N •a) d U -O m 5-, I- .d.. O U O Z IX D m U S O Q 0 y 7 >s V g- et 7 c U XX t0 O t0 U V d LI V 0.'N N Cld O d CO CA O 4 I d G O_ �[[N[pppp a d C U O CO N 1••• • LO CO OD .0 ti V g N E N 'p) N ' O tx0 d N cM0 M co N LP O d 'O d m .•3 m W O f- Z c0 E 3 17 d r N d d O N U m.« -5 V c d [1 y. 'C U C O • w d L O m = E 3 3 ce 0, o 0 m y w t= N O C C To'o f Q d d O • O U d d II O C . C C CO CO U co II a C1• CO w m CO La ca X a O it ? = Ts .0 N O m 0. p m U .5 E tto n n N - X d n 15 c N �» , k� a CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- . A RESOLUTION CREATING TAX INCREMENT FINANCING DISTRICT NO. 18 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. Pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes Sections 469.174 to 469.179, as amended (the "Act"), the City Council established the following Tax Increment Financing Districts: Tax Increment Finance District No. 13 on December 17, 1996; Tax Increment Financing District No. 14 on August 5, 1997; Tax Increment Financing District No. 15 and 16 on July 20, 1999; Tax Increment Financing District No. 17 March 20, 2001. The Tax Increment Financing Plan for Tax Increment District No. 18 is now before this Council for approval. The Financing Plan outlines the proposed method for financing certain public costs associated with the project. The proposed Tax ' Increment Financing ("Qualified Housing"), District No. 18 (the "District"), comprises two tax parcels as described in the Financing Plan. 1.02. 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 April 16, 2002, 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 April 4, 2002. 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. 1.03. 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 costs that benefit the District. The Financing Plan contains 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 ($4,315,000.00), 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 finds, 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 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. 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 development proposed in District 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,which increases the financial feasibility of the proposed development,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 fmds 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 development activities contemplated in the District would 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. 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 increment financing district in the City, to be denominated "Tax Increment Financing(Qualified Housing)District No. 18. 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 L1 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 maybe 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 16th day of April, 2002. • Nancy Tyra-Lukens,Mayor Attest Kathleen Porta, City Clerk HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA H.R.A.RESOLUTION NO.2002- A RESOLUTION ESTABLISHING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (QUALIFIED HOUSING)DISTRICT NO. 18 BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota, as follows: 1. 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 the following Tax Increment Financing Districts: Tax Increment Finance District No. 13 on December 17, 1996; Tax Increment Financing District No. 14 on August 5, 1997; Tax Increment Financing District No. 15 and 16 on July 20, 1999; and Tax Increment Financing District No. 17 March 20, 2001. 2. It has been further proposed that the Authority approve the creation of proposed Tax Increment Financing District No. 18 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. 18, 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. 18 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 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 a 9- 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 is hereby authorized and directed to file 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 16th day of April 2002. Chair Attest: Executive Director CITY COUNCIL AGENDA DATE: 4/16/02 SECTION: PUBLIC HEARINGS SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R.Uram Heights at Valley View Michael D. Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan Change from Office/Industrial to High Density Residential on 10.26 acres, and • Adopt the Resolution for PUD Concept Amendment on 10.26 acres; and • Adopt the Resolution for Preliminary Plat, and • Approve 1st Reading of the Ordinance for PUD District Review on 10.26 acres and Rezoning from Rural to RM-2.5 on 10.26 acres, and • Direct Staff to prepare a Developer's Agreement incorporating Board and Staff recommendations and Council conditions. Synopsis This is a four story, 186 unit apartment building. The project is located at Valley View Road and Flying Cloud Drive. Community Planning Board Recommendation The Community Planning Board voted 8-0 to approve the project at the March 25, 2002 meeting. Background Information: The guide plan change from Office-Industrial to High Density Residential has the following benefits for the City. 1. Reduce traffic in the Golden Triangle Area. 2. Provide mixed land use in the Golden Triangle Area. 3. Locate housing in close proximity to employment. 4. Provide housing affordability. 5. Maximize tree preservation. Attachments 1. Resolution for Comprehensive Guide Plan Change 2. Resolution for Planned Unit Development Concept 3. Resolution for Preliminary plat 4. Planning Staff Report 5. Minutes 6. Correspondence H KIGHTS AT VALLEY VIEW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- 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 Heights at Valley View by Eden Prairie Leased Housing Associates I, LLP is for a 186 unit apartment building. 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: Rezoning from Rural to RM-2.5 ADOPTED by the City Council of the City of Eden Prairie this 16th day of April, 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk HEIGHTS AT VALLEY VIEW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HEIGHTS AT VALLEY VIEW FOR EDEN PRAIRIE LEASED HOUSING ASSOCIATES I,LLP 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 March 25, 2002 and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on April 16, 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Heights at Valley View,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 April 16, 2002. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated March 25,2002. ADOPTED by the City Council of the City of Eden Prairie this 16th day of April, 2002. Nancy Tyra-Lukens,Mayor Kathleen A.Porta, City Clerk 3 EXHIBIT A PUD CONCEPT-HEIGHTS AT VALLEY V FEW Legal Description Before Final Plat Outlot E,Wilson Ridge Together with that part of the North 511.10 feet of the Northeast 1/4 of the Southeast 1/4 of Section 12, Township 116,Range 22, lying Westerly of County Road 39, and which lies easterly of the following described line: Commencing at the Northeast corner of said Northeast 1/4 of the Southwest 1/4: thence Easterly along the north line thereof, a distance of 320.68 feet to the point of the beginning: Thence South 7 degrees 59 minutes 22 seconds West, a distance of 513.22 feet to the south line of the North 511.10 feet and said line there terminating: and which lies northerly of the following described line: Commencing at the point of termination of the last described line: thence North 7 degree 59 minutes 22 seconds East, a distance of 175 feet to the point of beginning: thence South 80 degrees 03 minutes 46 seconds East a distance of 288.97 feet to the centerline of County Road 39 and said line there terminating. Legal Description Final Plat LI HEIGHTS AT VALLEY VIEW CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2002- RESOLUTION APPROVING THE PRELIMINARY PLAT OF HEIGHTS AT VALLEY VIEW FOR EDEN PRAIRIE LEASED HOUSING ASSOCIATES I,LLP BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of the Heights at Valley View for Eden Prairie Leased Housing Associates I,LLP dated March 11,2002, and consisting of 10.26 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 16 day of April, 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk 5 STAFF REPORT TO: Community Planning Board FROM: Michael Franzen, City Planner DATE: March 22, 2002 SUBJECT: The Heights at Valley View APPLICANT: Eden Prairie Leased Housing Associates I,LLP OWNER: Andreas Development,Inc. and Hustad Land Company LOCATION: Northwest corner of Flying Cloud Drive and Valley View Road REQUEST: 1. Guide Plan Change from Office/Industrial to High Density Residential on 10.26 acres 2. Planned Unit Development Concept Amendment on 10.26 acres 3. Planned Unit Development District Review with waivers on 10.26 acres 4. Zoning District Change from Rural to RM-2.5 on 10.26 acres 5. Site Plan Review on 10.26 6. Preliminary Plat of 10.26 acres into one lot Staff Report—The Heights at Valley View March 22,2002 BACKGROUND This project was first reviewed at an informational meeting on February 11, 2002. The Board reviewed four alternative concept plans. The Board directed the developer to work on a housing plan with no encroachment into the existing conservation easement and to retain trees along Valley View Road. The project was initially published for a public hearing on February 25,2002,but was continued to this meeting to allow time for the developer to meet with the adjoining neighbors and to complete revised plans. Public notices were sent out for this meeting. COMPREHENSIVE PLAN AMENDMENT The site is currently guided office and industrial. A Guide Plan amendment to high density residential is requested. The guide plan change will help reduce traffic and provide 20%affordable rental units. This use will provide housing in close proximity to employment. SITE PLAN The site plan shows a 186-unit apartment building. The density is 18.1 units per acre. The amount of parking required is two spaces per unit or 372 spaces. There are 394 parking spaces, with 85 provided on the surface and 309 underground. The proposed parking meets City Code requirements. The building and parking meet all setback requirements. PLANNED UNIT DEVELOPMENT WAIVERS A density increase from 17.4 to 18.1 units per acre is requested. Higher density is appropriate on this site for traffic reduction and affordable housing. Realife Cooperative is a four-story building with a density of 26 units per acre. TREE LOSS AND LANDSCAPING PLAN There are 6,797 inches of significant trees on the property. The significant tree loss is 32%or 2,203 inches. The required tree replacement is 938 inches. Staff Report—The Heights at Valley View March 22,2002 The total landscaping requirement is based on building size and tree replacement or 1,667 inches. The plan shows 971 inches. By increasing the size of the proposed trees to 3 inches for shade trees and 5 inches for conifers and additional 390 inches is possible. The remaining 306 inches maybe planted on the City owned park property east of Valley View Road or along Smetana Lake. The plant types and location will need to be evaluated to determine if there is proper site vision distance at the intersections. SIDEWALKS AND TRAILS A bituminous trial is required along Flying Cloud Drive. DRAINAGE The project drains to a NURP pond on site. ARCHITECTURAL STANDARDS The exterior elevations meet the City Code requirement is 75% face brick,natural stone, or glass. UTILITIES Utilities are available in Flying Cloud Drive. CONCLUSION • The Community Planning Board should discuss the following questions: 1. Should the land use remain as guided, or be changed to high density residential? 2. A waiver is requested for increased density. Is there a benefit to the City? STAFF RECOMMENDATION Staff recommends approval of the following: • Guide Plan Change from Office/Industrial to High Density Residential on 10.26 acres • Planned Unit Development Concept Review on 10.26 acres • Planned Unit Development District Review with waivers on 10.26 acres • Zoning District Change from Rural to RM-2.5 on 10.26 acres • Site Plan Review on 10.26, 0 Staff Report—The Heights at Valley View March 22,2002 • Preliminary Plat of 10.26 acres into one lot Approval is based on plans dated March 11,2002,this Staff Report, and the following: 1. Prior to City Council review, the proponent shall revise the landscape plan to include 696 additional caliper inches. 2. Prior to building permit issuance,the proponent shall: A. Review the building plans with the Fire Marshal. B. Submit a landscaping bond in accordance with City Code. C. Pay the cash park fee. D. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. 3. Prior to grading permit issuance,the proponent shall install snow fencing at the construction limits for the protection of significant trees. 4. The following waivers to the City Code are granted as part of the PUD: A. Density increase from 17.4 to 18.1 units per acre. 1 Community Planning Board Minutes March 25,2002 Page 2 of 7 V. PUBLIC HEARINGS A. THE HEIGHTS AT VALLEY VIEW by Eden Prairie Leased Housing Associates I, LP.Request for: Guide Plan Change from Office/Industrial to high Density Residential on 10.26 acres,Planned Unit Development Concept Review on 10.26 acres,Planned Unit Development District Review with waivers on 10.26 acres,Zoning District Change from rural to RM-2.5 on 10.26 acres, Site Plan Review on 10.26 acres,Preliminary Plat of 10.26 acres into 1 lot.Location:Northwest corner of Flying Cloud Drive and Valley View Road(continued from 2/25/02 meeting). This project was first reviewed at an informational meeting on February 11, 2002. The Board reviewed four alternative concept plans and directed the developer to work on a housing plan with no encroachment into the existing conservation easement and to retain trees along Valley View Road. Staff recommends approval based on plans dated March 11,2002, and the staff report dated March 22, 2002. The public hearing opened at 7:03. The developer noted their direction from the board was to consider a development which would stay out of the conservation easement while lessening the impact on Valley View. They have met with neighbors to incorporate their concerns while dealing with financial considerations. They removed several hundred feet of building encroaching into the scenic easement and moved it to the south side.Parking has remained the same. There is a lesser impact on Valley View Road and grading has been minimized. There are four levels of apartment units and three levels of underground parking with smaller parking lots above ground. Another goal was to minimize tree loss. The trail has been pulled closer to the building. The pond has a new shape to accommodate the driveway. Nancy Ariotta, 10785 Valley View Road,#207, stated when there is tree loss there is never any quality trees left because the construction kills trees. She is concerned that junk trees will replace significant trees. She questioned why an environmental impact study was not being completed. The design of the building looks like a corporate structure and is not compatible with the area. This would create competition for the neighboring senior co-op housing. She is concerned a rental property will bring with it more crime. Beth Timm 1161 Raspberry Hill Road, counsel for the developer and a resident, stated this is a great site for affordable housing because of its 2 /0 Community Planning Board Minutes March 25,2002 Page 3 of 7 proximity to the Park and Ride, Cub Foods, and shopping. Speaking as a resident and not as counsel, she would like to see the affordable housing built. Susan Gregson, affordable housing committee member from the Pax Christi Catholic Community, stated she has met with Dominium about the project and supports affordable housing and this project. They are making an effort to address the needs of the residents. The affordable housing committee provided a letter of support to the board and City Council. MOTION by Stoelting, second by Nelson to close the public hearing. Motion carried, 8-0. The public hearing closed at 7:16 p.m. Stoelting asked staff to address the percentage of tree loss. Fox stated he reviews each plan for tree loss and the calculations are locked in. At the time of completion, the project is reviewed. If they go above the initial calculation in tree loss there is a large penalty. As to the quality of trees, significant trees are replaced with significant trees and will mature. He has 20 plus years of experience reviewing projects and tree loss. Protective fences will be put up during construction. Sodt inquired asked for clarification on tree replacement. Fox noted the significant trees here were primarily oak. They will be replaced with trees that give a balance of seasonal attractiveness,with a balance of flowering and upper story trees, as well as screening trees that must be planted. It would be nice to replant with 100% oak,but a diversity of trees must be planted to address the urban landscape. Koenig stated there is always concern about saving trees. Keeping construction out of the drip line of the trees is an issue. She asked whether there is a way to keep machinery out of the drip line. Fox noted a realistic construction zone would be established. It is up to the developer whether they will comply; if they don't comply they will be penalized. Lindahl explained the proponent is asking for 67 units or 33% affordable housing. It has to do with the tax credit financing.It is not a problem; at a minimum it would have to be 20%. 3 I I Community Planning Board Minutes March 25,2002 Page 4 of 7 Sweeney stated the percentage is 33%based on the total unit count, or about 25%on a square footage basis. There is a need for workforce housing for the smaller units.The larger units would not be affordable. One of the things that attracted them to the site was the large mature trees; they value the trees as a permanent amenity. There is a similar, successful development on Thomas Lake in Eagan. There is 70%more underground parking than normal in order to save trees. Nelson asked whether all 67 units were one bedroom units. Sweeney stated yes. They are not addressing affordable housing for families. Sodt asked whether their market research showed who their target market would be. Sweeney stated their customer would be the people working in nearby offices and retail areas or people currently bussing in from the city. There will be some seniors. Koenig stated she appreciated the changes they made and they did everything they could environmentally. There is a need for housing for single mothers. She asked whether they would have a few units in there that could accommodate families. Sweeney said one of the main concerns was saving trees. A building with a common entry, sharing an apartment hallway with kids would not make good neighbors. They do not want to get into a situation where they are creating problems down the road. Koenig inquired whether the affordable units would be scattered throughout the building. Sweeney stated yes. Brooks asked for an estimated cost. Sweeney stated about$120,000 per unit. Brooks said he agreed with Koenig.There are many apartments with families in them and a new building like this may attract single parent families. He would like to see at least a few units serving this need. Corneille asked whether there was demand in their Eagan project for single parent housing. 4 Community Planning Board Minutes March 25,2002 Page 5 of 7 Mark Moorehouse stated they have built similar projects. There is not a big demand for people with kids to live in apartment units. Foote asked whether the affordable units would be similar to the others. Sweeney stated it would be the same design. Foote inquired whether any were handicapped equipped. Sweeney noted handicapped accessibility was required.. The developer stated all of the units are adaptable and can be made into handicapped units. 3-5% are initially built as handicapped. The only difference between an adaptable unit and handicapped unit are things like grab bars. Nelson asked about the size of the doors. The developer stated the doors are two feet ten inches in width,there will be roll-in showers. Others can be converted. Nelson stated she would like to see three foot doors in more of the units; with the aging population it could be necessary. She inquired about the balcony size. The developer stated the balconies are six feet in length. Corneille said they should not try to take all of their goals for types of housing and try to put it into one community. The main purpose for this development would be workforce housing. Sodt concurred;this is aimed at a particular market,the workforce. They don't need to solve all of their housing problems with one development. Brooks asked about what the TIF was based upon and whether it was a typical scenario. Lindahl said the total tax base;they want to be consistent with past projects, and are giving them 90%over a 15 year period. They are proposing a 17 year term. Corneille asked about the amount of parking needed meeting city code. 5 13 Community Planning Board Minutes March 25,2002 Page 6 of 7 Franzen stated the parking does meet the code. The parking is 2.12 spaces per unit. Corneille inquired about the trail and whether it connects. Fox stated the recommendation is the trail the length of the project;there is a trail north of there. Foote inquired whether the city monitors construction fencing. • Fox stated they will monitor it if they have a bad experience with a developer. This is his first experience with the company;they will ensure tree clearing was done and the fence was up and may periodically check it. Sodt said he was confused about the height of the building relative to the Wilson Learning center. The architect stated the Wilson Learning center was used as an example to show the height of the building relative to the midpoint of the roof. Nelson said she was very pleased with the changes with the building and the sensitivity shown to the neighbors. She would like to see some transitional work force housing of 2 bedrooms. She hopes they will do whatever they can to make it usable for many people. Corneille concurred. Foote stated it should be noted there is an important distinction between work force and low-income housing. Sodt stated he appreciated them pulling away from conservation easement. Motion by Koenig second by Stoelting to approve The Heights At Valley View by Eden Prairie Leased Housing Associates I,LP. Request for: Guide Plan Change from Office/Industrial to High Density Residential on 10.26 acres,Planned Unit Development Concept Review on 10.26 acres, Planned Unit Development District Review with waivers on 10.26 acres, Zoning District Change from rural to RM-2.5 on 10.26 acres, Site Plan Review on 10.26 acres,Preliminary Plat of 10.26 acres into 1 lot according to the plans dated March 22,2002,the staff report and conditions therein. Motion carried, 8-0. Dan Enblom thanked Dominium for meeting with the residents. He would have preferred three rather than four stories. 6 #441 Nis DOE\ILM Development &Acquisition, LLC April 9, 2002 Councilmember Ron Case City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: The Heights at Valley View Eden Prairie, MN Dear Councilmember Case: We are pleased to present The Heights at Valley View development application to the City Council for your consideration. The development is located at the northwest corner of Valley View Road and Flying Cloud Drive. We know Staff has prepared a detailed memorandum for your benefit. We thought it might also be helpful to describe the process that has resulted in the specific application before you now. Dominium placed the subject parcel of land under contract on September 10, 2001. Immediately thereafter we met with Staff asking for input in terms of land use, affordable component, density, tree buffers, etc. We took that input and began a lengthy process of designing a project that we think most suits this very special site. Community Planning Board On February 11, 2002, we presented four site plans before the Community Planning Board asking for direction. Two of the site plans were for office use and two for apartment use. The CPB clearly preferred multi-family and they had some very direct goals that they asked Dominium to accomplish, including: a) no encroachment on the conservation easement at the north end of the site, b) maintain a tree buffer along Valley View Road, c) engage in a meaningful dialogue with the Enblom family, an adjacent landowner, and d) continue dialogue with Real Life Coop residents. 2355 Polaris Lane North Suite 100 Minneapolis,MN 55447 Phone 763/54-5500 Fax 76,354-5650 _: ^•DE._ -rent•CM ; cn-:.'::r_a; rzezt Councilmember Case Page ii We then revised the site plan by shrinking the building footprint out of the conservation easement on the north end and shrinking the building 40 feet further away from Valley View Road. The result is three significant tree buffers: 1) conservation easement on north end; 2) along Valley View Road; and 3) along the shared property line with the Enblom family. On March 25`h, we went back before the CPB with a revised site plan that was unanimously approved 8-0. At this meeting,the CPB asked about,but did not require, that some two-bedroom units be made part of the affordable component. Affordable Component Our original site plan had 196 units, of which 67 one-bedroom units were affordable at 50% AMI. The site plan before you reflects a smaller building totaling 186 units. After the March 25th CPB meeting, we met with Staff to discuss this project's affordable component. The revised plan has a total of 63 affordable units, of which 10 units are two-bedroom. Staff was receptive to decreasing the overall number of affordable units from 67 to 63 and increasing the number of two-bedroom affordable units. Staff offered tangible support in the form of a$75,000 increase to the proposed block grant to help cover the additional gap. The proposed Community Development Block Grant is now$375,000. The Heights at Valley View will have a community center consisting of a leasing/business office, community room, computer/conference room and fitness room. Additionally, a pool will be provided for the enjoyment of all the residents. We hope that any children living on-site will avail themselves of after-school activities in the community room and computer room. Real Life Cooperative Representatives of Dominium have twice met with Real Life Coop residents. At the first meeting, we discussed our original site plan. The second meeting,held after the Community Planning Board informational meeting, outlined the revised site plan. Enblom Family By April 16th, we will have met with the Enblom family a total of four times to discuss a variety of issues and potential resolutions to same. The following table delineates their requests and Dominium's response: 2355 Polaris Lane North Suite 100 Minneapolis.M N 55447 Phone 763'354-5500 Fax 763/354-5650 Acq ussnicn•Del e ,r.rent•r:o.n r..vwn•11 ..-gz^rnx IE Councilmember Case Page iii Enblom Request Dominium Response Stake Property Line & Conservation Esmnt Agreed& Completed 2/16/02 Stake Building Line Agreed& Completed 2/16/02 Float Balloons to Building Height Agreed& Completed 2/16/02 Exterior Color Palette on N &E Facade Committed to Earth Tones Conservation Esmnt along shared boundary Committed I Will Provide Staff Pull Walking Path Closer to Building Agreed; Revised Site Plan Shrink Building Footprint Agreed; 186 Units vs. Original 198 Units Preserve Tree Buffer along Valley View Agreed; Revised Site Plan Go from Four to Three Stories Not Financially Feasible Cut North Leg in Half Not Financially Feasible Plant Tree Buffer on Enblom land Requesting City Approval Conclusion To summarize, the revised site plan represents a collaborative effort involving several parties. City staff and the Community Planning Board have been very clear conveying their goals and objectives as reflected in the revised site plan and affordable unit mix. Dominium has also worked hard to communicate with neighborhood residents in an attempt to achieve resolution on many of their issues. The result before you is an economically integrated community designed to minimize the environmental impact on the site and to provide housing for a wide variety of residents working in the City Center and Golden Triangle. By housing persons working in Eden Prairie and by promoting reverse commuting, we anticipate The Heights at Valley View will help minimize traffic congestion within the Golden Triangle. We at Dominium are proud of The Heights of Valley View and we hope you will support our vision. Please feel free to contact us with your questions and comments at (763)354-5500. DOMINIUM DEVELOPMENT& ACQUISITION,LLC Sincerely, Paul R. S een Mark S. Moorhouse David E. Dy 2355 Polaris Lane North Suite 100 Minneapolis,N N 55447 Phone 763,354-5500 Fax 763 35 -5650 3cqu iracn•Del e.'cp?r'r1•Cc:siracrign•Mu agerrerr To the Eden Prairie City Council, -- -- --April 7,2002 THIS LETTER SERVES TO TELL YOU ABOUT MY OBLJECTIONS TO THE DEVELOPMENT PROPOSED CALLED "The Heights at Valley View". IT IS TO BE HEARD AT A PUBLIC HEARING AT CITY COUNCIL ON TUESDAY, APRIL 16, 2002. THIS IS MY PERSONAL OBJECTION AND DOES NOT SPEAK FOR ALL PEOPLES AT MY BUILDING ADDRESS. Nancy Arieta, 10785 Valley View Rd. #207, Eden Prairie,MN 55344 #1. The project to be built is way too large. #2. Tax Increment Financing dollars that are proposed to be used for this developer and the project is WRONG. #3. Developers need to come up with their own dollars, they did in many years past and they can do it again,we the tax payers do not need to foot their income. #d. The design does not blend into the environment and does not blend with the surrounding buildings. It looks like an out-of-place building that could go to section 8 in a few years or maybe a homeless shelter. It does not represent a quality look nor. does it look like it is wanted. #5. The project, if it is to go forth, needs to be only one-half the size of building units with only one level of parking under the building. It would lessen the impact on the surrounding environment and not look like a sore thumb that is not connected to the rest of the hand. To the best of my knowledge, the buildings surrounding the site and the area have no three stories under their buildings. Putting more and more building up in the area with four stories will only encourage developers to go higher and being that could happen, they will overshadow the offices developments plus create a mindset of a downtown wind tunnel. Eden Prairie residents needs some open sky and when Eden Prairie builds tall structures the sky becomes hidden. We need to go out to the—COUNTRY—IN ORDER TO SEE THE SKY. It is true,my son moved to Zimmerman and said, "Wow, I can see the stars,the shapes in the sky, the sky looks open and so very beautiful". Please leave open space for us in the sky and on the ground. Open space is precious; concrete, blacktop and buildings are not creations that ALWAYS satisfies. Please allow Eden Prairie and its residents to have areas of woods and nature. Our Eastern edge of Eden Prairie has been targeted to be buildings BUT there can be planned forests within this large office, warehouse, industrial area of Eden Prairie. This property needs to be left intact as is without any buildings or construction of any type. #6. The senior aged residents in the area would have a difficult time with the kind of added population of the above proposed building. The traffic generated by that building project would definitely create a problem for the senior residents. The kind of /1 traffic, such as speedy,noisy,careless will bring more traffic danger for our residents in our building at Realife Valley View Co-op. The crime of stolen vehicles, broken vehicles,broken into buildings or apartment and robberies will climb,that is info from the police department. The tragedies that can occur in that type of project will create unrest, dangers and possibly move-outs by our residents because of problems from the proposed project. #7. There has been no environmental impact study done and it needs to be done. We have Nine-mile creek just at Valley View and the run oit dirt, oil, grease, garbage and other junk or hazards will end up in the Creek. The trees that will be lost will be a significant loss to our environment. Air quality will become poorer without the trees,dirt will increase, exhaust and fumes and will dirty and smell-up the air. I myself came from Lake Nokomis area and the trees around the neighborhood, without a doubt, gave a hope for our air. We had planes overhead, fumes from fuels, dirt from exhausts and more and if we had taken away our oak trees that stood so high and proud,we would have no protection. Look at the African continent—loss of trees—DO YOU WANT EDEN PRAIRIE TO BECOME A DESERT? The trees that are to replace the ones that would be taken for the project are only a"?" because all trees are never replaced on or near the site. Replacements are usually junk trees and not the quality that was taken. We would lose quality environmental and beautiful trees that are hardwoods. Birds of all kinds like hardwood forests so how do developers usually get by with putting in JUNK SOFTWOOD EVERGREENS OR THOSE RIDICULOUS THINGS YOU CALL TREES THAT ARE PLANTED ALONG SMETANA JUST ABOVE THE HOLDING POND AT VALLEY VIEW or THOSE SILLY LOOKING TREES THAT LOOK LIKE A BROKEN UMBRELLA WITHOUT MATERIAL BUT ONLY SPOKES STICKING OUT SIDEWAYS. This is our environment we live in—let's make it beautiful, live-worthy, air that smells and is clean. We want WATER CLEAN and WHAT'S WRONG with WANTING our AIR CLEAN? Good air NEEDS a way to KEEP it clean and trees are a HUGE HELP TO KEEP IT GOING! I WANT TO SEE AN ENVIRONMENTAL IMPACT STUDY DONE! #8. Dominium Development Company or their partnership called Eden Prairie Leased Housing Associates, LLP or as the Eden Prairie NEWS prints it,Associates I,LP, owns Century Court Apartments in Richfield. Century Court Apartments has been a crime ridden place and drugs dealing place for many, many years. It has fallen into disarray, repairs have not been kept up. Police blotters have a strong history of crime people have committed who have lived, visited or roomed at Century Court Apartments on 76t'and Lyndale Avenue South. Police calls abound to that address. We, in Eden Prairie, do not want that kind of ownership, management and development in our neighborhood or community. Those who own, develop and manage that kind of property can look elsewhere to create problems, but not in Eden Prarie, Minnesota. We are proud of our community and like to have a good record of sound property ownership and management. #9. I object to this project being HUD funded. The developer has never given clear, accurate,honest information regarding this project. The units that were to be I affordable originally were to be no more than 20%of 198 not as proposed now at 67 units. There is to now be 186 units at four stories with three levels of underground parking. The affordability of 50%of median income for Minneapolis Metro area is way low for our area and not only that,it would open our area to transient low income population which has proven an increase in crime. There needs to be owner occupied property and not in the affordable range. Luxury condos with a forest in its backyard developed by a company that does not put in affordable units but instead a company that has a stake in our community such as the proposed developer does not. '111., financing brings about developers who really do not put their stake in the community and then they get what they want, such as Best Buy, and then they're out of here ready to stick it to some more taxpayers somewhere else. We are a co-op of 62+years and to have apartment with transient populations here is not in the best interest of our community nor is it in the best interest of our neighborhood. IF Eden Prairie is really about having a cohesive community, then building this affordable building by this absentee landlord who does not care if he has a crime packed apartment complex under his ownership and management is WRONG! It is not always the best thing to build in an Oak Savannah where the trees and nature will never, ever recover from the hurt and damage. We will never have this opportunity again to save a precious commodity—NATURE - . There was something precious in years past when people had to work hard, save,take less than what the other guy had in order to have a dream of owning a house some day. Where is the opportunity today to allow that time of a dream to grown to ripen to become fruit? IF we give affordable units, then we are destroying dreams of peoples of all walks of life, we need to strive as a people because without that,why bother, it's too easy. There is nothing wrong with reaching upward by a people to feel that THERE IS A WAY and that affordability can mean perhaps a different place or way to live until the opportunity comes where a people can make it happen,just like the people in older years where THEY MADE IT,THEY WORKED HARD, THEY SAVED, THEY DID WITH LESS IN ORDER TO DO IT! Give people a chance, don't always give them meat when they only can handle milk Living in a way lesser can often be better. We did it. #10. The developer was one name, Dominium Development and now they say it is Eden Prairie Leased Housing Associates, LLP. Limited Liability? Do they do this in case they fall or falter on their loan so they don't have much in assets to pay off any loans or other financial obligations? Why do we as a community make it possible for them to be able to default on obligations or loans just so we can build and assess taxes? Does Eden Prairie have the right thought —is it the Metro Council saying we can get some more county dollars if we put in more affordable housing? Are we selling our souls to satisfy the powers just so they can tax us all the more down the road. There are questions here to consider and as a community our souls are eternal not earthly—THINK ABOUT IT. Dominium Development has not always been truthful about their information. They have NOT ALWAYS owned, operated,managed and developed all of their properties. They told us they did ALWAYS own and manage their own properties except for about 2 or 4 but we now find out otherwise. I don't find that to be trustworthy when they cannot be truthfuL 41 1. Please consider not allowing the development to go forward and not to do Tax Increment Financing. Please consider the developer can have enough monies to do it elsewhere in another community. We can in Eden Prairie require integrity and honesty in a builder and I don't believe Dominium Development aka Eden Prairie Leased Housing Associates, LLP or I,LP has that quality Eden Prairie desires or wants. +12. Please consider turning this piece of land into a forested, natural site that is to be preserved for all time. Is there a way for a conservancy to buy this land and keep it the way it is without destroying another chunk of our investment in our future clean air and water? Seems like other areas of Eden Prairie have had chunks of beauty set aside with some helps of different agencies,how about doing the same with this? Will the owner of the land see fit to help this future for clean air and water and donate, give or sell to a conservancy? Thank you for all your time and effort on this and for hearing what I've had to say regarding preserving a piece of creation to care for in a special way. Keep land around us. As I read a piece of news that Eden Prairie had in the paper a couple of years ago, the ordinance said there was to be a buffer between all developments. Strange how this did not seem to come about when I look out my deck and see immediately next door this luxury senior coop. When it was being built,I called city hall about land between us and trees that were to be left there, but to no avail, the trees were taken down and what we have between our buildings now is no more than a bandaid, if that. If the luxury coop builds a further extension for their parking, that bandaid will disappear based on the plans that were made. The best plans do not always stay according to specs at Eden Prairie and that's too bad because it may happen too with this Heights at Valley View Proposal. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 16,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Proposed Issuance of Multifamily Housing Financial Services Revenue Bonds in an Aggregate Principal Amount D ,C Donald R.Uram Not To Exceed$26,500,000 For The Heights at Valley View Project Requested Action Move to: • Close the Public Hearing; and • Adopt Resolution For A Financing Program For The Issuance Of Bonds For The Acquisition And Construction Of A Multifamily Housing Development; and • Adopt Resolution Providing For The Issuance and Sale Of Multifamily Housing Revenue Bonds to Provide Funds For A Multifamily Housing Project on Behalf Of Eden Prairie Leased Housing Associates I, Limited Partnership Synopsis Minnesota Statutes, Chapter 462C, authorizes the City of Eden Prairie to undertake housing development projects and to issue its revenue bonds for the financing of housing development projects. The City proposes to loan the proceeds of revenue bonds to finance the acquisition and construction by Eden Prairie Leased Housing Associates I,Limited Partnership, a Minnesota limited partnership,of the 186 multifamily housing facility referred to as the"Heights at Valley View"project. Minnesota Statutes, Chapter 462C also requires the adoption of a housing program following a public hearing as required prior to the issuance of housing revenue bonds. A public hearing on the proposal to adopt a housing program to finance the Project was called and held on March 7, 2002 and continued on April 16,2002, at which time all persons who appeared were given an opportunity to express their views with respect to the proposal to finance the Project. The City's program for financing the Project was submitted to the Metropolitan Council as required by the Act and was approved by its City Council on April 16, 2002. The City intends that financing of the Project may be provided through any one or more of the following: (a)the issuance of up to $26,500,000 in one or more series of housing development • bonds of the City secured by the Project financed therefrom; and(b)the making or entering into any contracts, agreements,reimbursement agreements,mortgages, assignments, security agreements, guarantees, or similar agreements or instruments as may be necessary in connection with accomplishing the purposes set forth in the Program. The amount of financing for the Project is not expected to exceed$26,500,000. The Project will be owned and operated by the Borrower as a qualified multifamily residential rental project. Attachments Resolutions CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- RESOLUTION ADOPTING A FINANCING PROGRAM FOR THE ISSUANCE OF BONDS FOR THE ACQUISITION AND CONSTRUCTION OF A MULTIFAMILY HOUSING DEVELOPMENT WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, the City of Eden Prairie, Minnesota(the"City")is authorized to issue and sell revenue bonds for the financing, acquisition and construction of multifamily housing developments; and WHEREAS,the City desires to issue its revenue bonds to finance a portion or all of the cost of a proposed project under Minnesota Statutes, Chapter 462C on behalf of Eden Prairie Leased Housing Associates I,Limited Partnership,a Minnesota limited partnership(the`Borrower"). The Project consists of the acquisition and construction of a 186-unit qualified residential rental multifamily housing facility(the"Project"), and will be located in the City;and WHEREAS,Minnesota Statutes,Section 462C.04 requires the adoption of a bond financing program after a public hearing held thereon after publication of notice in newspapers of general circulation in the City at least fifteen days in advance of the hearing;and WHEREAS,the City,on March 7,2002 and continued on April 16,2002,has conducted a public hearing on a multifamily housing bond fmancing program, a copy of which program is attached hereto as Exhibit A(the"Program"),after publication of notice as required by Minnesota Statutes, Section 462C.04; and WHEREAS, Minnesota Statutes, Section 462C.04, Subd. 2 requires any program for the issuance of housing revenue bonds to be submitted to the applicable regional development commission where one exists on or before the date the notice of public hearing is published and the City has submitted the Program to the Metropolitan Council; and WHEREAS,the Program provides for the issuance by the City of housing revenue bonds,in an aggregate amount presently estimated not to exceed$26,500,000 (the"Bonds") to finance the acquisition and construction of the Project; and WHEREAS,the City is authorized to issue bonds for any of its corporate purposes,including financing the Project pursuant to the Program,under Minnesota Statutes, Chapter 462C; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA THAT: 1. The Program for the issuance of the Bonds is hereby adopted in the form attached hereto as Exhibit A. Adopted this 16th day of April,2002. CITY OF EDEN PRAIRIE,MINNESOTA Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk EXIT A FINANCING PROGRAM FOR'iltE ACQUISITION AND CONSTRUCTION OF A MULTIFAMILY HOUSING FACILITY Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Eden Prairie, Minnesota (the "City") is authorized to undertake housing development projects and to issue its revenue bonds for the financing of housing development projects. The City proposes to loan the proceeds of revenue bonds to finance the acquisition and construction by Eden Prairie Leased Housing Associates I,Limited Partnership,a Minnesota limited partnership(the`Borrower"),of the multifamily housing facility as more fully described in Appendix A attached hereto(the"Project"). Minnesota Statutes, Chapter 462C requires the adoption of a housing program following a public hearing as required prior to the issuance of housing revenue bonds or other obligations under Chapter 462C. The City intends that financing of the Project maybe provided through any one or more of the following: (a)the issuance of up to$26,500,000 in one or more series of housing development bonds of the City(the`Bonds") secured by the Project financed therefrom; and(b)the making or entering into any contracts, agreements, reimbursement agreements, mortgages, assignments, security agreements, guarantees, or similar agreements or instruments as may be necessary in connection with accomplishing the purposes set forth in the Program. The amount of financing for the Project is not expected to exceed$26,500,000. The Project will be owned and operated by the Borrower as a qualified multifamily residential rental project. Rents anticipated to be collected for the various units in the Project are anticipated to be as set forth in Appendix A. The City, in financing the Project,has determined that financing the Project is in the best interest of the public health,safety and welfare of the people of the City of Eden Prairie,Minnesota. Section A. Definitions. The following terms used in this Program shall have the following meanings,respectively: "Housing Unit"shall mean any one of the apartments located in the Project,occupied by one or more persons or a family, and containing complete living facilities. "Land" shall mean the real property upon which the Project is situated as more fully described in Appendix A attached hereto. "Program"shall mean this program for the financing of the Project. Section B. Program for Financing the Project. The City is establishing this Program to provide financing for acquisition and construction of the Project,by the Borrower,at such cost and upon such other terms and conditions as may be determined by the City in accordance with the Act. The City expects to issue up to $26,500,000 of one or more series of Bonds to finance the Project under the Program. The proceeds of the Bonds will be loaned to the Borrower and applied to finance A/1 L� the acquisition of the Land,construction and equipping ofthe Project,to fund required reserves and to pay the costs of issuing the Bonds. It is anticipated that any Bonds issued under this Program shall have a maturity of approximately thirty-five(35)years or less and will bear interest at a rate of approximately,but not to exceed, 8.0%per annum with respect to tax-exempt bonds and 8.5%per annum with respect to taxable bonds;however,the Bonds will,of course,be priced to the market at the time of issuance. Section C. Local Contributions to the Program. The Borrower has also requested assistance from the City in the form of tax increment financing and a Community Development Block Grant. The Borrower may also request HOME funds from the Minnesota Housing Finance Agency("Iv1HFA"),a Super RFP from MHFA and waiver of certain SAC and WAC fees from the Metropolitan Council. Section D. Standards and Requirements Relating to the Financing of the Project Pursuant to the Program. The following standards and requirements shall apply with respect to the operation of the Project by the City and the Borrower: (1) The Borrower will not arbitrarily reject an application from a proposed tenant because of race,color,creed,religion,national origin,gender,marital status,or status with regard to public assistance or disability. (2) The Project will be constructed in accordance with applicable zoning ordinances or other applicable land use regulations,including the State Building Code as set forth under Minnesota Statutes, Section 16.83,et seq. (3) The affordability standards and set-aside requirements of Section 462C.05, Subdivision 2 of the Act,and the requirements of Minnesota Statutes,Chapter 474A and Section 142(d)of the Internal Revenue Code of 1986,as amended,will be met. Section E. Issuance of Bonds. To finance the Project pursuant to this Program,the City expects to issue its bonds in a principal amount not to exceed$26,500,000 in the aggregate,in any calendar year secured by the Project and other moneys pledged to the payment of such Bonds. The cost of the Project is presently expected not to exceed$35,000,000. The cost of the Project may change between the date of preparation of this Program and the date of making of construction loans or issuance of Bonds for such Project. Section F. Severability. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction,the decision of such court shall not affect or impair any of the remaining provisions. Section G. Amendment. The City shall not amend this Program,while Bonds authorized hereby are outstanding,to the detriment of the holders of such Bonds. A1,Zl� Section II. State Ceiling. Up to $26,500,000 of the state ceiling for private activity bonds, pursuant to Section 146 of the Internal Revenue Code of 1986, as amended, and Chapter 474A of Minnesota Statutes,will be used with respect to the Bonds APPENDIX A Estimated Financing Estimated Anticipated Location Needs Units Initial Rents $26,500,000 67-1 Bdrm $580-1,050 Northwest corner of Valley 69—2 Bdrm $685-1,350 View Road and Flying 28—2 Bdrm+Den $1,525 Cloud Drive 8—3 Bdrm $1,725 14—Luxury $2,300 015492/202837/179722 2 APP.44_ CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002- • A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF MULTIFAMILY HOUSING REVENUE BONDS TO PROVIDE FUNDS FOR A MULTIFAMILY HOUSING PROJECT ON BEHALF OF EDEN PRAIRIE LEASED HOUSING ASSOCIATES I,LIMITED PARTNERSHIP WHEREAS, on December 18, 2001, the City Council of the City of Eden Prairie, Minnesota(the "City"), adopted a preliminary resolution relating to the issuance of Multifamily Housing Revenue Bonds(Eden Prairie Leased Housing Associates Project), Series 2002; and WHEREAS, the Company and Underwriter (each as hereinafter defined) have advised the City that temporary bonds in the amount of$20,505,000 should be issued and that significant . savings can be achieved by having Bonds with a floating interest rate related to the interest return on the investment of the proceeds of the Bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota, as follows: 1. City. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 462C,as amended(the"Act"), authorized to issue and sell its revenue bonds for the purpose of financing the cost of housing developments and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act. 2. Authorization of Project; Documents Presented. Eden Prairie Leased Housing Associates I, Limited Partnership, a limited partnership organized under the laws of Minnesota (the "Company"), has proposed that the City issue and sell its Multifamily Housing Revenue Bonds (Eden Prairie Leased Housing Associates Project), Series 2002, in substantially the form set forth in the hereinafter-mentioned Indenture (the "Bonds"), pursuant to the Act and loan the proceeds thereof to the Company, in order to provide financing with respect to costs of the acquisition and construction of an approximately 186-unit multifamily rental housing facility and functionally related facilities to be located in the City of Eden Prairie (the "Project"). Forms of the following documents relating to the Bonds have been submitted to the City: (a) a Loan Agreement (the "Loan Agreement") dated as of April 1, 2002, between the City and Company; and (b) an Indenture of Trust(the"Indenture") dated as of April 1,2002,between the City and U.S.Bank National Association,as trustee(the"Trustee"); and (c) a Bond Purchase Agreement (the "Bond Purchase Agreement") by and among Dougherty & Company LLC (the "Underwriter"), the Company and the City, /CP providing for the purchase of the Bonds from the City by the Underwriter and setting the terms and conditions of purchase;and (d) a Limited Offering Memorandum respecting the Bonds. 3. Findings. It is hereby found,determined and declared that: (a) There is no litigation pending or, to the actual knowledge of the City, threatened against the City questioning the City's execution or delivery of the Bonds, • Loan Agreement, Bond Purchase Agreement, or Indenture or questioning the due organization of the City, or the powers or authority of the City to issue the Bonds and undertake the transactions contemplated hereby. (b) The execution, delivery and performance of the City's obligations under the Bonds, Indenture, Bond Purchase Agreement, and Loan Agreement do not and will not violate any order against the City of any court or other agency of government, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (c) The Bonds shall not be payable from or a charge upon any funds of the City other than amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof; the City shall not be subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon or to enforce payment thereof against any property of the City; the Bonds shall not constitute a general or moral obligation of the City or a charge, lien or encumbrance, legal or equitable, upon any property of the City(other than the interest of • the City in the Loan Repayments to be made by the Company under the Loan Agreement); and each Bond issued under the Indenture shall recite that such Bond, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. (d) In authorizing the financing of the Project,the City's purpose is, and in its judgment the effect thereof will be, to promote the public welfare by providing a multifamily rental housing development within the meaning of the Act and assisting low and moderate income persons to obtain decent, safe and sanitary housing at rentals they can afford, and facilitating the development of rental housing opportunities for residents of the City. (e) A public hearing on the proposal to adopt a housing program to finance the Project was called and held on March 7, 2002 and continued on April 16, 2002, at which time all persons who appeared were given an opportunity to express their views with respect to the proposal to finance the Project. The City's program for financing the Project was submitted to the Metropolitan Council as required by the Act and was approved by its City Council on April 16,2002. I cj (f) Under the provisions of the Indenture, certain of the City's interests in the Loan Agreement and certain payments due hereunder will be pledged and assigned to the Trustee as security for the payment of the principal of, interest, and premium, if any, on the Bonds. (g) No public official of the City has either a direct or indirect financial interest in this Loan Agreement, nor will any public official either directly or indirectly benefit financially from this Loan Agreement within the meaning of Minnesota Statutes, Sections 469.009 and 471.87. (h) The City has authorized the Partnership,in accordance with the provisions of the Act and subject to the terms and conditions set forth in Article 3 of the Loan Agreement, which terms and conditions the City has deemed to be necessary and proper, to provide for the acquisition and construction of the Project by such means as shall be available to the Partnership and in the manner determined by the Partnership, and with or without advertisement for bids as may be required for the acquisition and construction of facilities by the City; and has ratified, confirmed and approved all actions heretofore by the Partnership consistent with and in anticipation of such City. 4. Approval and Execution of Documents. The forms of Loan Agreement, Indenture and Bond Purchase Agreement are approved. The Bonds, Loan Agreement, Indenture, and Bond Purchase Agreement are authorized to be executed in the name and on behalf of the City by the Mayor and the City Manager, or executed or attested by other officers of the City, in their discretion and at such time, if any, as such officers may deem appropriate, in substantially the form on file, but with such changes therein as may be approved by the officers executing the same,which approval shall be conclusively evidenced by the execution thereof. 5. Approval, Execution and Delivery of Bonds. The issuance of the Bonds is authorized, in an aggregate principal amount of not to exceed $20,505,000 in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the initial aggregate principal amount of and the maturities of the Bonds, the index or formula for the floating interest rates thereon, and any provisions for the optional or mandatory redemption thereof shall all be as set forth in the final form of the Indenture to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this Resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such maturities exceed 50 years. The Mayor and the City Manager, and other officers of the City are authorized, in their discretion and at such time, if any, as they may deem appropriate, to execute the Bonds as prescribed in the Indenture, together with a certified copy of this Resolution and such other documents of the City as may be reasonably required. 6. Limited Offering Memorandum. The City hereby consents to the circulation by the Underwriter of the Limited Offering Memorandum in offering the Bonds for sale; provided, however, that the City has not participated or been requested to participate in the preparation of the Limited Offering Memorandum or independently verified the information in the Limited Offering Memorandum, and the City assumes no responsibility for, and makes no representations or warranties as to,the accuracy, sufficiency or completeness of such information. 0 7. Certificates, etc. The Mayor and City Manager, and other officers of the City may furnish to bond counsel and the purchaser of the Bonds,when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records of the City in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. ADOPTED by the City Council of the City of Eden Prairie this 16th day of April 2002. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City Clerk If CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 16,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Financial Services Director Resolution Relating To Residential Group Home Donald Uram Facilities Owned And Operated By Fraser,A MN , Nonprofit Corporation,And The Issuance Of 'J Revenue Bonds Requested Action Move to: Adopt Resolution Relating To Residential Group Home Facilities Owned And Operated By Fraser, A Minnesota Nonprofit Corporation, And The Issuance Of Revenue Bonds To Finance The Costs Thereof Under Minnesota Statutes, Chapter 462c, As Amended, And Minnesota Statutes, Sections 469.152-469.165, As Amended, Pursuant To A Joint Powers Agreement; Granting Preliminary Approval Thereto; Establishing Compliance With Certain Reimbursement Regulations Under The Internal Revenue Code Of 1986, As Amended; Granting Approval For Entering Into A Joint Powers Agreement;And Taking Certain Other Actions With Respect Thereto Synopsis Minnesota Statutes require as a condition to the issuance of Revenue Notes that a public hearing be held. The City is required to hold this hearing because a portion of bonds will be used to finance Fraser's properties in Eden Prairie. The City of Blaine was selected as the primary issuer because the bonds could be bank qualified. Background Fraser (formerly known as Fraser Community Services) is a 501(c)(3) non-profit corporation providing a variety of services to developmentally disabled children and adults throughout the metropolitan area. As part of their request, Fraser has asked that the City of Eden Prairie: (i) give host approval to the issuance of revenue bonds, notes, or other obligations (the "Bonds") by the City of Blaine, Minnesota (the "Issuer"), a portion of which in the amount of $475,000 will be applied to finance and refinance a project hereinafter described to be undertaken by Fraser, a Minnesota non- profit corporation; (ii) execute a Joint Powers Agreement with the Issuer; and (iii) adopt a housing program with respect to the housing project hereinafter described(the"Project"). The Issuer will apply the proceeds of the Bonds to finance and refinance the Project and other housing developments (the "Developments") located in the Issuer and several other cities in the State of Minnesota. The maximum aggregate estimated principal amount of the Bonds to be issued by the Issuer to finance and refinance the Project and the other Developments is $4,000,000. Attachment Resolution Housing Program Joint Powers Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2002-82 RESOLUTION RELATING TO RESIDENTIAL GROUP HOME FACILITIES OWNED AND OPERATED BY FRASER, A NHNNESOTA NONPROFIT CORPORATION, AND THE ISSUANCE OF REVENUE BONDS TO FINANCE THE COSTS THEREOF UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED, AND MINNESOTA STATUTES, SECTIONS 469.152-469.165, AS AMENDED, PURSUANT TO A JOINT POWERS AGREEMENT; GRANTING PRELIMINARY APPROVAL THERETO; ESTABLISHING COMPLIANCE WITH CERTAIN REIMBURSEMENT REGULATIONS UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; GRANTING APPROVAL FOR ENTERING INTO A JOINT POWERS AGREEMENT; AND TAKING CERTAIN OTHER ACTIONS WITH RESPECT THERETO BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The City is a statutory city duly organized and existing under the Constitution and laws of the State of Minnesota. 1.02. Pursuant to Minnesota Statutes, Chapter 462C, as amended, and Minnesota Statutes, Sections 469.152 - 469.165, as amended, (collectively, the "Act"), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance multifamily housing developments and revenue producing enterprises located within the City. 1.03. Fraser, a Minnesota nonprofit corporation(the "Company") has proposed that the City,pursuant to the Act, authorize the City of Blaine, Minnesota(the"City of Blaine") to issue revenue bonds of the City of Blaine in the approximate aggregate principal amount not to exceed $4,000,000, in one or more series at one time or from time to time(the"Bonds"),the proceeds of which will be loaned by the City of Blaine to the Company to be applied by the Company to: (i)refinance the costs to the Company of twenty-two residential group home facilities (collectively, the "Project") located in the City, the City of Blaine, and in the cities of Brooklyn Park,Edina, Golden Valley,Minnetonka,Plymouth and Richfield(collectively with the City and the City of Minneapolis, the "Participant Cities"), including the group home facilities located at 12660 Porcupine Court, 9091 Neill Lake Road, 12166 Oxbow Drive, and 7525 Carnelian Lane in the City; (ii) finance the costs of the rehabilitation of the residential group home facilities comprising the Project; (iii)refinance the costs of a development achievement center for children with autism and related disorders located at 3333 University Avenue S.E. in the City of Minneapolis(the"Minneapolis Facility"); and(iv) finance the costs of issuing the Bonds. 1.04. The City is required to adopt a housing program (the "Housing Program") pursuant to Section 462C.03,subdivision la, of the Act,prior to the issuance of revenue bonds. 1.05. Under Section 147(f) of the Internal Revenue Code of 1986, as amended (the"Code"), prior to the issuance of the Bonds, a public hearing, duly noticed, must be held by the City Council. Under Section 462C.04, subdivision 2, of the Act, the City must conduct a public hearing, duly noticed, with respect to the Housing Program and the portion of the Project located in the City. A public hearing was held on April 16, 2002, after publication of notice on March 27, 2002, in the Eden Prairie News, a newspaper circulating generally in the City, with respect to: (i)the required public hearing under Section 147(f) of the Code; (ii)the Housing Program; and(iii)the preliminary approval of the issuance of the Bonds. Section 2. Preliminary Findings. Based on representations made by the Company to the City to date, the City Council of the City hereby makes the following preliminary findings, determinations, and declarations: (a) The Bonds will refinance the outstanding indebtedness incurred with respect to the residential group home facilities for the developmentally disabled comprising the Project and will also refinance a development achievement center for children with autism and related disorders comprising the Minneapolis Facility. (b) The proceeds of the Bonds will be loaned to the Company by the City of Blaine and the proceeds of the loan will be applied to refinance the Project, finance the rehabilitation of the Project, refinance the Minneapolis Facility, and finance the issuance costs of the Bonds. The City of Blaine will enter into a Loan Agreement with the Company requiring loan repayments from the Company in amounts sufficient to repay the loan when due and requiring the Company to pay all costs of maintaining and insuring the Project,including taxes thereon. (c) In authorizing the issuance of the Bonds and the financing and refinancing of the portion of the Project located in the City and related costs, the City's purpose is and the effect thereof will be to promote the public welfare of the City and its residents by retaining and improving group home facilities and otherwise furthering the purposes and policies of the Act. (d) The Bonds will be limited obligations of the City of Blaine payable solely from the revenues pledged to the payment thereof, and will not be a general or moral obligation of the City or be secured by the taxing power or any property or assets of the City. Section 3. Preliminary Approval. The City Council hereby gives preliminary approval to the issuance of the Bonds pursuant to a Joint Powers Agreement with the City of Blaine and the Participant Cities in the approximate aggregate principal amount not to exceed $4,000,000 to finance all or a portion of the costs of the Project and the Minneapolis Facility, subject to final approval by the City Council of the City of Blaine, following the preparation of bond documents and a determination by the City of Blaine that the financing of the Project and the Minneapolis Facility and the issuance of the Bonds are in the best interests of the Participant Cities and the City of Blaine. Section 4. Joint Powers Agreement. The City Council hereby approves a Joint Powers Agreement between the Participant Cities and the City of Blaine (the "Joint Powers Agreement") substantially in the form of the Joint Powers Agreement now on file with the City. The City Council hereby authorizes the execution and delivery of the Joint Powers Agreement by the Mayor and Acting City Manager of the City (or by other members of the City Council or other officers of the City who are authorized to execute and delivery the Joint Powers Agreement on behalf of the City) consistent with the provisions of this resolution. Section 5. Housing Program. The City Council hereby approves the Housing Program and authorizes submission of the Housing Program to the Metropolitan Council for its review pursuant to Minnesota Statutes, Section 462C.04, subdivision 2. Section 6. Reimbursement of Costs under the Code. 6.1. The United States Department of the Treasury has promulgated final regulations, designated as Treasury Regulations, Section 1.150-2 (the "Regulations"), governing the use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to project expenditures paid prior to the date of issuance of such bonds. The Regulations require that the City adopt a statement of official intent to reimburse an original expenditure not later than sixty days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within eighteen months after the later of: (i) the date the expenditure is paid; or(ii) the date the project is placed in service or abandoned, but in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 6.2. To the extent any portion of the proceeds of the Bonds will be applied to expenditures with respect to the Project, the City reasonably expects to reimburse the Company for the expenditures made for costs of the Project from the proceeds of the Bonds after the date of payment of all or a portion of such expenditures. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Act. Based on representations by the Company, other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures permitted to be reimbursed under prior regulations pursuant to the transitional provision contained in Section 1.150- 2(j)(2)(i)(B) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a "de minimus" amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures with respect to the Project have been made by the Company more than sixty days before the date of adoption of this resolution. 6.3. Based on representations by the Company, as of the date hereof, there are no funds of the Company reserved, allocated on a long term-basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and financial circumstances of the Company as they exist or are reasonably foreseeable on the date hereof. Section 7. Costs. The Company will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project, the Minneapolis Facility, and the issuance of the Bonds, whether or not the Bonds are issued. • Section 8. Commitment Conditional. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City of Blaine will issue the Bonds as requested by the Company. The City also retains the right, in its sole discretion, to withdraw from participation should the City Council, at any time prior to the issuance thereof, determine that it is in the best interests of the City not participate in the financing of the Project and the Minneapolis Facility or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents for the transaction. Section 9. Effective Date. This Resolution shall be in full force and effect from and after its passage. Adopted by the City Council of the City of Eden Prairie, Minnesota, on this 16th day of April,2002. By Nancy Tyra-Lukens, Mayor By Carl J. Jullie, City Manager CITY OF EDEN PRAIRIE,MINNESOTA HOUSING FINANCE PROGRAM FRASER PROJECT This housing finance program is undertaken by the City of Eden Prairie, Minnesota (the "City") with respect to residential group home facilities located at 12660 Porcupine Court, 9091 Neill Lake Road, 12166 Oxbow Drive, and 7525 Carnelian Lane in the City (the "City Homes"). The Project (as hereinafter defined) will be undertaken to further the policies and goals stated in the City's Housing Plan. The Project will consist of discharging the existing indebtedness related to the acquisition of twenty-two residential group home facilities for the developmentally disabled (collectively, the "Project") in the City of Blaine, Minnesota (the "Issuer"), the City of Bloomington, Minnesota ("Bloomington"), the City of Brooklyn Park ("Brooklyn Park"), the City of Eden Prairie, Minnesota("Eden Prairie"), the City of Edina, Minnesota ("Edina"), the City of Golden Valley, Minnesota ("Golden Valley"), the City of Minnetonka, Minnesota ("Minnetonka"), the City of Plymouth, Minnesota("Plymouth"), and the City of Richfield ("Richfield" and, together with the Issuer, Bloomington, Brooklyn Park, Eden Prairie, Edina, Golden Valley, Minnetonka, and Plymouth, referred to collectively as the "Joint Powers Participants"), and financing the rehabilitation of the residential group home facilities for the developmentally disabled comprising the Project. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to develop and administer programs to finance the rehabilitation and refinancing of multifamily housing developments and health care facilities under the circumstances and within the limitations set forth in the Act. Section 462C.07 of the Act provides that such programs for developments may be financed through the issuance of revenue bonds or obligations payable exclusively from the revenues of the program or developments. The City has received a proposal that it approve a program providing for the rehabilitation and refinancing with respect to the City Homes. The rehabilitation and refinancing of the City Homes and the other facilities of the Project are to be funded through the issuance of up to $4,000,000 in revenue bonds (the "Bonds") to be issued by the City of Blaine, Minnesota (the "Issuer"), pursuant to the terms of a Joint Powers Agreement (the "Joint Powers Agreement"), between the Issuer and the Joint Powers Participants. Fraser, a Minnesota nonprofit corporation(the"Owner")will own the Project. The City, in establishing this multifamily housing program (the "Program"), has considered the information contained in the City's comprehensive plan. The Project will be refinanced and rehabilitated in accordance with the requirements of Subdivisions 1 and 2 of Section 462C.05 of the Act. • Section A. Definitions. The following terms used in this Program shall have the following meanings,respectively: "Act" shall mean Minnesota Statutes, Chapter 462C, as currently in effect and as the same maybe from time to time amended. "Bonds" shall mean the revenue bonds to be issued by the Issuer pursuant to the terms of the Joint Powers Agreement between the Issuer and the Joint Powers Participants. "City"shall mean the City of Eden Prairie,Minnesota. "City Homes" shall mean the residential group home facilities located at 12660 Porcupine Court, 9091 Neill Lake Road, 12166 Oxbow Drive, and 7525 Carnelian Lane in the City. "Group Home" shall mean any one of the residential group home facilities, located in the Cities of Bloomington, Brooklyn Park, Eden Prairie, Edina, Golden Valley, Minnetonka, Plymouth and Richfield. "Issuer" shall mean the City of Blaine,Minnesota "Joint Powers Agreement" shall mean the Joint Powers Agreement between the Issuer and the Joint Powers Participants. "Joint Powers Participants" shall mean, together with the Issuer, the Cities of Bloomington, Brooklyn Park, Eden Prairie, Edina, Golden Valley, Minneapolis, Minnetonka, Plymouth and Richfield. "Land"shall mean the real property upon which each Group Home is situated. "Owner"shall mean Fraser, a Minnesota nonprofit corporation. "Program" shall mean this program for the financing of the City Homes comprising a portion of the Project pursuant to the Act. "Project" shall mean the twenty-two Group Homes, to be refinanced and rehabilitated by the Owner. Section B. Program For Financing the Project. It is proposed that the City establish this Program to provide financing for the rehabilitation and refinancing of the Project at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the Issuer, the initial purchaser of the Bonds, and the Owner. The City expects the Bonds to be issued as soon as the terms of the Bonds have been agreed upon by the Issuer, the Owner, and the initial purchaser of the Bonds. The proceeds of the Bonds will be loaned by the Issuer to the Owner to finance the rehabilitation and refinancing of the Project, to fund required reserves(if any), and to pay the costs of issuing the Bonds. It is anticipated that the Bonds will have a maturity of thirty years or less and will bear interest at a variable rate or at fixed rates consistent with the market at the time of issuance. The City will hire no additional staff for the administration of the Program. No administrative costs will be paid from the City's budget with respect to this Program. The Bonds will not be general or moral obligations of the City and will not be secured by any property or assets of the City. The Bonds will be paid solely from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance, or a letter of credit. Section C. Standards and Requirements Relating to the Financing of the Project Pursuant to the Program. The following standards and requirements shall apply with respect to the operation of the Project by the Owner pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Bonds will be applied to the rehabilitation and refinancing of the Project, the payment of the costs of issuing the Bonds, and to the funding of appropriate reserves (if any). The proceeds derived from the sale of the Bonds will be made available to the Owner pursuant to the terms of the Bond offering, which will include certain covenants to be made by the Owner to the Issuer and the Joint Powers Participants regarding the use of proceeds and the character and use of the Project. (2) The Owner, and any subsequent owner of the Project, will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (3) The Project has been designed to be affordable by persons and families with Adjusted Gross Income not in excess of the greater of(a) one hundred and ten percent of the median family income as estimated by the United States Department of Housing and Urban Development for Hennepin County, or (b) one hundred percent of the income limits established by the Minnesota Housing Finance Agency for the City and by other persons and families to the extent determined to be necessary by the City in furtherance of the policy of economic integration. Subsection D. Evidence of Compliance. The Issuer may require from the Owner at or before the issuance of the Bonds, evidence satisfactory to the Issuer and the Joint Powers Participants of the ability and intention of the Owner to complete the rehabilitation of the Project, and evidence satisfactory to the Issuer of compliance with the standards and requirements for the making of the loan to be financed with the proceeds of the Bonds; and in connection therewith, the Issuer or its representatives may inspect the relevant books and records of the Owner in order to confirm such ability, intention, and compliance. In addition, the Issuer may periodically require certification from either the Owner or such other person deemed necessary concerning compliance with various aspects of this Program. Subsection E. Issuance of Bonds. To finance the Program authorized by this Section the City will by resolution enter into a Joint Powers Agreement with the Issuer and the Participant Cities to provide for the authorization, issuance, and sale by the Issuer of the Bonds in an aggregate principal amount of approximately$4,000,000. The Bonds will be issued pursuant to Section 462C.07, Subdivision 1, of the Act, and will be payable primarily from the revenues of the Program and the Project. The costs of the Project, including costs of issuance of the Bonds and required reserve funds (if any), are presently expected to be in excess of the principal amount of the Bonds. It is expected that the Owner and its affiliates will contribute to the Project the difference between the total costs of the Project and the principal amount of the Bonds available to finance the Project. The costs of the Project may change between the date of preparation of this Program and the date of issuance of the Bonds. The Bonds are expected to be issued in April of 2002. Subsection F. Severability. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction,the decision of such court shall not affect or impair any of the remaining provisions. Subsection G. Amendment. The City shall not amend this Program, while Bonds authorized hereby are outstanding,to the detriment of the holders of such Bonds. Subsection H. State Ceiling. The Bonds will be issued as "qualified 501(c)(3) bonds" and, therefore, will not require an allocation of the state ceiling for private activity bonds, pursuant to Section 146 of the Internal Revenue Code of 1986, as amended, and Minnesota Statutes, Chapter 474A, as amended. Third Draft Tuesday,March 19,2002 JOINT POWERS AGREEMENT This Joint Powers Agreement ("Agreement"), dated as of April 1, 2002, is made and entered into by and between the City of Blaine,Minnesota(the"City"or the"Issuer"),the City of Bloomington, Minnesota (Bloomington"), the City of Brooklyn Park ("Brooklyn Park"), the City of Eden Prairie, Minnesota ("Eden Prairie"), the City of Edina, Minnesota ("Edina"), the City of Golden Valley, Minnesota ("Golden Valley"), the City of Minneapolis, Minnesota ("Minneapolis"), the City of Minnetonka, Minnesota ("Minnetonka"), the City of Plymouth, Minnesota ("Plymouth") and the City of Richfield ("Richfield" and, together with the Issuer, Bloomington,Brooklyn Park,Eden Prairie,Edina, Golden Valley,Minneapolis,Minnetonka, and Plymouth,referred to collectively as the"Joint Powers Participants"). RECITALS WHEREAS, Minnesota Statutes, Section 471.59 (the "Joint Powers Act"), provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties, and may provide for the exercise of such power by one of the participating governmental units on behalf of the other participating units; and WHEREAS, the Joint Powers Participants are "governmental units" within the meaning of the Joint Powers Act; and WHEREAS, each of the Joint Powers Participants is authorized by Minnesota Statutes, Chapter 462C, as amended(the "Housing Act"), to issue and sell revenue bonds or obligations to finance programs or multifamily housing developments upon approval of a housing program as provided in Section 462C.04, subdivision 2, of the Housing Act; and WHEREAS, the program described in Appendix A as the "Blaine Program" (the `Blaine Program"), the program described in Appendix A as the "Bloomington Program" (the "Bloomington Program"),the program described in Appendix A as the"Brooklyn Park Program" (the `Brooklyn Park Program"), the program described in Appendix A as the "Eden Prairie Program" (the "Eden Prairie Program"), the program described in Appendix A as the "Edina Program" (the "Edina Program"), the program described in Appendix A as the "Golden Valley Program" (the "Golden Valley Program"), the program described in Appendix A as the "Minnetonka Program" (the "Minnetonka Program"), the program described in Appendix A as the"Plymouth Programs" (the"Plymouth Programs"), and the program described in Appendix A as the "Richfield Program" (the "Richfield Program" and together with the Blaine Program, the Bloomington Program, the Brooklyn Park Program, the Eden Prairie Program, the Edina Program, the Golden Valley Program, the Minnetonka Program, the Plymouth Program, and the Richfield Program, collectively referred to as the "Programs" or the "Program") to be financed and refinanced as described in the Loan Agreement (defined below) constitute, in the opinion of bond counsel, a"program"within the meaning of the Housing Act;and WHEREAS, each of the Joint Powers Participants is authorized by Minnesota Statutes, Sections 469.152-469.165, as amended (the 'Development Act"), to issue revenue bonds to finance, in whole or in part, the costs of the acquisition, construction, reconstruction, improvement, betterment, or extension of a revenue producing enterprise, whether or not operated for profit (including a revenue producing enterprise engaged in providing health care services), and is also authorized to issue revenue bonds to refund, in whole or in part, bonds previously issued pursuant to the Development Act; and WHEREAS, on October 3,2001,Minneapolis issued its Revenue Note(The Fraser Child and Family Center Project), Series 2001A (the "Series 2001A Note"), in the original aggregate principal amount of $1,000,000, and its Revenue Note (The Fraser Child and Family Center Project), Series 2001B (the "Series 2001B Note"), in the original aggregate principal amount of $750,000 (the Series 2001A Note and the Series 2001B Note are hereinafter collectively referred to as the "Notes"), pursuant to the Development Act and Resolution 2001R-371 adopted by the City Council of Minneapolis on August 24, 2001; and WHEREAS, it has been proposed that the City issue one or more series of revenue bonds or obligations (the "Bonds") on behalf of itself, Bloomington, Brooklyn Park, Eden Prairie, Edina, Golden Valley, Minneapolis, Minnetonka, Plymouth, and Richfield to finance the Programs, pursuant to Section 462C.07 of the Housing Act, and to refund the Series 2001A Note pursuant to Section 469.155 of the Development Act; and WHEREAS, the Bonds shall not constitute a general or moral obligation of, or pledge of the full faith and credit or taxing powers of, the Issuer, Bloomington, Brooklyn Park, Eden Prairie, Edina, Golden Valley, Minneapolis, Minnetonka, Plymouth, or Richfield, the State of Minnesota, or any other agency or political subdivision thereof, but shall be payable solely from the revenues pledged and assigned thereto pursuant to the Loan Agreement (as hereinafter defined) and the Assignment(as hereinafter defined); and WHEREAS, the governing bodies of each of the Joint Powers Participants have authorized the execution and delivery of this Agreement; NOW,THEREFORE, the Joint Powers Participants hereby agree as follows: 1. In order to finance and refinance the Program and to refund the Series 2001A Note, the City shall, contingent upon its execution of the Loan Agreement hereinafter described, issue, on behalf of itself and the other Joint Powers Participants, one or more series of revenue obligations under the Housing Act and the Development Act (the `Bonds") in a principal amount not to exceed $145,000 for the Blaine Program, a principal amount not to exceed $710,000 for the Bloomington Program, a principal amount not to exceed $100,000 for the Brooklyn Park Program, a principal amount not to exceed $475,000 for the Eden Prairie Program, a principal amount not to exceed $480,000 for the Edina Program, a principal amount not to exceed $295,000 for the Golden Valley Program, a principal amount not to exceed $1,000,000 for the refunding of the Series 2001A Note, a principal amount not to exceed $110,000 for the Minnetonka Program, a principal amount not to exceed$536,000 for the Plymouth Program, and a principal amount not to exceed$105,000 for the Richfield Program,provided,however,that the principal amount of the Bonds shall in no event exceed $4,000,000, all pursuant to the Joint 2 Powers Act, the Housing Act, the Development Act, and the terms of a Loan and Purchase Agreement, to be dated on or after April 1, 2002 (the "Loan Agreement"), to be entered into between the Issuer,Fraser, a Minnesota nonprofit corporation, as Borrower(the`Borrower"), and Wells Fargo Brokerage Services, LLC, as purchaser of the Bonds (the "Purchaser"), pursuant to which the Bonds will be purchased from the Issuer by the Purchaser and the proceeds of the Bonds will be loaned by the Issuer to the Borrower. The rights of the Issuer under the Loan Agreement, including the right to receive loan repayments from the Borrower in accordance with the terms of the Loan Agreement, but excepting certain rights of the Issuer respecting indemnification and reimbursement of its expenses,have been assigned to the Purchaser pursuant to the terms of an Assignment of Loan Agreement, dated on or after April 1, 2002 (the "Assignment"),between the Issuer and the Purchaser. 2. Of the $4,000,000 aggregate principal amount of the Bonds, an amount not to exceed$145,000 will be allocated to the Blaine Program. 3. Of the $4,000,000 aggregate principal amount of the Bonds, an amount not to exceed$710,000 will be allocated to the Bloomington Program. 4. Of the $4,000,000 aggregate principal amount of the Bonds, an amount not to exceed$100,000 will be allocated to the Brooklyn Park Program. 5. Of the $4,000,000 aggregate principal amount of the Bonds, an amount not to exceed$475,000 will be allocated to the Eden Prairie Program. 6. Of the $4,000,000 aggregate principal amount of the Bonds, an amount not to exceed$480,000 will be allocated to the Edina Program. 7. Of the $4,000,000 aggregate principal amount of the Bonds, an amount not to exceed$295,000 will be allocated to the Golden Valley Program. 8. Of the $4,000,000 aggregate principal amount of the Bonds, an amount not to exceed$110,000 will be allocated to the Minnetonka Program. 9. Of the $4,000,000 aggregate principal amount of the Bonds, an amount not to exceed$540,000 will be allocated to the Plymouth Program. 10. Of the $4,000,000 aggregate principal amount of the Bonds, an amount not to exceed$105,000 will be allocated to the Richfield Program. 11. Of the $4,000,000 aggregate principal amount of the Bonds, an amount not to exceed $1,000,000 will be allocated to the redemption and prepayment of the Series 2001A Note issued by Minneapolis. 12. Each of the Joint Powers Participants has conducted a public hearing and adopted a resolution granting preliminary approval of this agreement. Through the execution of this agreement, each Joint Powers Participant grants final approval to the terms herein. 3 13. Except to the extent specifically provided herein, the Joint Powers Participants shall not incur any obligations or liabilities to each other as a result of the issuance of the Bonds or the Programs. The Bonds shall be special, limited obligations of the Issuer payable solely • from proceeds,revenues, and other amounts under the Loan Agreement pledged thereto under the Assignment. The Bonds and the interest thereon shall neither constitute nor give rise to a pecuniary liability, general or moral obligation, or a pledge of the full faith and credit or taxing powers of the Joint Powers Participants, the State of Minnesota, or any political subdivision of the above,within the meaning of any constitutional or statutory provisions. 14. All costs incurred by the Joint Powers Participants in the authorization, execution, delivery, and performance of this Agreement shall be paid by the Borrower, as provided in the Loan Agreement. 15. Any surplus money remaining after the purpose of this Agreement has been completed shall belong to the Joint Powers Participants,pro rata. 16. This Agreement may not be terminated by any party so long as the Bonds are outstanding. 17. This Agreement may be amended by the Joint Powers Participants at any time. No amendment may impair the rights of the Borrower, the Purchaser, or any subsequent holder of the Bonds, unless it has consented to such amendment in the manner provided for in an amendment of the Loan Agreement. 18. This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same Agreement. (The remainder of this page is intentionally left blank.) 4 Execution page to the Joint Powers Agreement, dated as of April 1,2002. CITY OF EDEN PRAIRIE,MINNESOTA By: Its: Mayor By: Its: City Manager S-4 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims April 16,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 108934-109137 Wire Transfers 1513-1517 Background Information Attachments 1 City of Eden Prairie Council Check Summary 4/16/2002 Division Amount General 227,067 101 Legislative 64 110 City Clerk 108 111 Customer Service 5,045 112 Human Resources 200 114 Benefits&Training 299 116 Facilities 1,754 117 City Center 80 130 Assessing 658 132 Housing,Trans, Social Service 3,273 133 Community Development 279 135 Information Technology 70 136 Wireless Communication 6,581 151 Park Maintenance 3,304 153 Athletic Programs 3,384 154 Community Center 1,071 156 Youth Programs 1,593 158 Senior Center 7,045 160 Adaptive Recreation 152 161 Oak Point Pool 88 163 Park Facilities 5 180 Police 9,083 184 Fire 3,441 186 Inspections 163 200 Engineering 152 201 Street Maintenance 4,658 203 Fleet Services 31,007 204 Equipment Revolving 156,722 309 DWI Forfeiture 65 312 Recycle Rebate 1,193 314 Liquor Compliance 100 503 Utility Improvement 1,195 506 Improvment Bonds 1996 55,500 509 CIP Fund 28,375 601 Prairie Village Liquor 32,039 602 Den Road Liquor 54,824 603 Prairie View Liquor 16,341 701 Water Fund 56,898 702 Sewer Fund 9,655 703 Storm Drainage Fund 2,628 Report Total 726,153 City of Eden Prairie Council Check Register 4/16/2002 Check# Amount Vendor Account Description Business Unit 1513 120,732 WELLS FARGO MINNESOTA N A Account Description Business Unit 1514 21,693 MINNESOTA DEPT OF REVENUE Federal Taxes Withheld General Fund 1515 14,308 ORCHARD TRUST CO AS TRUSTEE/CU State Taxes Withheld General Fund 1516 7,955 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1517 62,518 PUBLIC EMPLOYEES RETIREMENT Deferred Compensation General Fund 108934 100 BASTIAN,LINDA Employers PERA General Fund 108935 446 BOHN,GERALD L. Travel Expense Fire 108936 100 CARLSEN,TODD Refunds Environmental Education 108937 32 CHAU,PATTI Program Fee Senior Center Program 108938 6 COFFMAN,WILLIAM/CAROL Lessons&Classes Ice Arena 108939 461 DMX/MINNEAPOLIS Other Contracted Services • Prairie View Liquor Store 108940 100 DUBORD,JERRY Refunds Environmental Education 108941 100 ENGELHART,KEITH Refunds Environmental Education 108942 179 GRAND VIEW LODGE Travel Expense Police 108943 100 GRANNES,LEONARD Refunds Environmental Education 108944 100 HANSON,JULIE Refunds Environmental Education 108945 42 HASSELBRING,JANET Program Fee Special Events&Trips 108946 100 HOLTE,ELIZABETH Refunds Environmental Education 108947 50 HUBER,JUDITH Refunds Environmental Education 108948 100 HUSABY,BRIGITTE Refunds Environmental Education 108949 100 JOERN,MARK Refunds Environmental Education 108950 100 KENNEDY,DONALD Refunds Environmental Education 108951 42 KLOECKNER,LINDA Program Fee Special Events&Trips 108952 100 KNAUF,LEE Refunds Environmental Education 108953 90 LAKE SUPERIOR COLLEGE Tuition Reimbursement/School Fire 108954 100 LISKA,ROBERT Refunds Environmental Education 108955 70 LOFRANO,TAMMY Tuition Reimbursement/School Fitness Classes 108956 55,500 LONGTIN,BRADLEY D. Right of Way&Easement Improvement Projects 1996 108957 46 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General 108958 55 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Water Treatment Plant 108959 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer Utility-General 108960 150 MRPA Conference Expense In Service Training 108961 50 MRPA Dues&Subscriptions In Service Training 108962 35 PETERSON,CLARE Lessons&Classes Ice Arena 108963 80 ROLF,LISA Tuition Reimbursement/School Fitness Classes 108964 41 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 108965 108 STOVRING,LESLIE Mileage&Parking Storm Drainage 108966 42 SWAN,JULIE Program Fee Special Events&Trips 108967 88 SZPYLKA,KELLI Lessons&Classes Oak Point Lessons 108968 133 TORKELSON,MARILYNN Lessons&Classes Fitness Classes 108969 99 UNIVERSITY OF ST.THOMAS Conference Expense In Service Training 108970 100 WIEDMAN,FAEROL Refunds Environmental Education 108971 2,566 ARCH PAGING Pager&Cell Phone Wireless Communication 108972 1,432 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 108973 40 ASWM Dues&Subscriptions Storm Drainage 108974 140 BAGELMAN'S NEW YORK BAKERY Miscellaneous General Facilities 108975 200 BIAGGI'S Employee Award Human Resources 108976 1,632 HENNEPIN COUNTY TREASURER-GE Board of Prisoner Police 108977 5 HOCHREIN,PAMELA Program Fee Outdoor Center 108978 199 J H LARSON ELECTRICAL COMPANY Operating Supplies Park Maintenance 108979 7,049 KMC TELECOM HOLDINGS INC. Telephone Telephone 108980 658 MARSHALL&SWIFT Operating Supplies Assessing 108981 77 MERLINS ACE HARDWARE Building Repair&Maint. Park Maintenance 108982 108 PORTA,KITTY Mileage&Parking Records Management 108983 1,464 Qwest COMMUNICATIONS Pager&Cell Phone Police 108984 618 TRAVELERS DIRECTORY SERVICE Advertising Prairie View Liquor Store 108985 300 UNITED RENTALS-HT BRANCH#229 Repair&Maint.Supplies Storm Drainage 108986 285 US HOSPITALITY Advertising Prairie View Liquor Store 108987 18 WALMART COMMUNITY Operating Supplies Police 108988 464 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store 108989 102 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 108990 345 BELLBOY CORPORATION Liquor Prairie Village Liquor Store 108991 92 COMMANDEUR LLC Wine Imported Prairie Village Liquor Store 108992 6,702 DAY DISTRIBUTING Beer Den Road Liquor Store 3 ., City of Eden Prairie Council Check Register 4/16/2002 Check# Amount Vendor Account Description Business Unit 108993 1,698 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 108994 4,236 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store 108995 305 GETTMAN COMPANY Misc Taxable Den Road Liquor Store 108996 3,201 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 108997 14,449 GRIGGS COOPER&CO Liquor Den Road Liquor Store 108999 16,954 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 109000 1,379 LAKE REGION VENDING Tobacco Products Den Road Liquor Store 109001 7,606 MARK VII Beer Den Road Liquor Store 109002 378 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 109003 53 NORTH STAR ICE Misc Non-Taxable Den Road Liquor Store 109004 3,554 PAUSTIS&SONS COMPANY Wine Imported Prairie Village Liquor Store 109005 118 PEPSI COLA COMPANY Misc Taxable Den Road Liquor Store 109006 10,706 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 109007 575 PINNACLE DISTRIBUTING Misc Non-Taxable Den Road Liquor Store 109008 2,504 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 109009 8,609 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 109010 10,775 THORPE DISTRIBUTING Beer Den Road Liquor Store 109011 1,655 WINE COMPANY,THE Wine Imported Den Road Liquor Store 109012 1,711 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 109013 1,119 WORLD CLASS WINES INC Wine Domestic Prairie View Liquor Store 109014 65 ABC MINNEAPOLIS LLC Operating Supplies DWI Forfeiture 109015 46 AT&T Telephone Fire 109016 97 BIG MIKES SUPER SUBS OF WI INC Operating Supplies Fire 109017 158 BROWN INSTITUTE Special Event Fees Senior Center Program 109018 1,338 CLASSIC GYMNASTICS Other Contracted Services Winter Skill Development 109019 273 CRACAUER,CLIFF Mileage&Parking Fleet Services 109020 68 CUMMINGS,KIM Postage Fire 109021 18 DISH NETWORK Cable TV Ice Arena 109023 1,751 GENUINE PARTS COMPANY Equipment Parts Fleet Services 109024 152 GRAND SLAM SPORTS&ENTERTAINM Operating Supplies Leisure Time 109025 169 HARMON AUTOGLASS Equipment Parts Fleet Services 109026 89,792 HINCKLEY CHEVROLET Autos Public Works 109027 71 IKON OFFICE SOLUTIONS* Other Rentals Fire 109028 5 INTERNATIONAL CHECK SERVICES I Other Contracted Services Prairie Village Liquor Store 109029 199 IOS CAPITAL Other Rentals Fire 109030 40 LEAGUE OF MINNESOTA CITIES Conference Expense Water Utility-General 109031 24,997 LEE MOTOR COMPANY Autos Public Safety 109032 878 MCNEILUS STEEL INC Equipment Parts Fleet Services 109033 32 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer Utility-General 109034 222 O'CONNELL,JAY Mileage&Parking Fire 109035 638 POWERPLAN Equipment Parts Fleet Services 109036 3,262 QWEST Telephone Sewer Utility-General 109037 79 SCHAITBERGER,CHUCK Travel Expense Fire 109038 8 SKATRUD,BERT OR CHERI Program Fee Senior Center Program 109039 505 SPRINGER,KIP Travel Expense Fire 109040 390 ST ANTHONY RELIEF ASSN Tuition Reimbursement/School Fire 109041 8 STANLEY,BILL OR DONNA Program Fee Senior Center Program 109042 48 STATE OF MINNESOTA Operating Supplies Fleet Services 109043 129 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 109044 31 ANCHOR PAPER COMPANY Office Supplies General 109045 1,193 ANCHOR PRINTING COMPANY Other Contracted Services Recycle Rebate 109046 3,904 ANCOM COMMUNICATIONS INC Capital Under$2,000 Wireless Communication 109047 156 ANDERSON,ERIC F. Other Contracted Services Volleyball 109048 1,632 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Services 109049 1,190 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police 109050 76 BALDWIN SUPPLY COMPANY Equipment Repair&Maint Water Treatment Plant 109051 134 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services 109052 4,526 BEC CORPORATION Machinery&Equipment Water Utility-General 109053 100 BIFFS INC Waste Disposal Park Maintenance 109054 75 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Well#9 109055 38,336 BOBCAT Machinery&Equipment Public Works 109056 930 CAMPBELL,JENNIFER Other Contracted Services Basketball 109057 28 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services 109058 405 CENTRAIRE INC Equipment Repair&Maint Prairie View Liquor Store t City of Eden Prairie Council Check Register 4/16/2002 Check# Amount Vendor Account Description Business Unit 109059 520 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services 109060 81 CLAREYS INC Operating Supplies General 109061 823 CORPORATE EXPRESS Office Supplies General 109062 415 CRYSTEEL TRUCK EQUIPMENT INC Equipment Parts Fleet Services 109063 80 DELEGARD TOOL CO Equipment Parts Fleet Services 109064 63 DIGI-KEY Equipment Parts Wireless Communication 109065 13 DRISKILLS NEW MARKET Merchandise for Resale Concessions 109066 7,701 DRT TRANSPORT Other Contracted Services Lime Sludge 109067 7,991 ELECTRIC PUMP Machinery&Equipment Sewer Liftstation 109068 20,849 ELECTRICAL INSTALLATION&MAIN Improvement Contracts Capital impr./Maint.Fund 109069 18 ESCHELON TELECOM INC Other Contracted Services Telephone 109070 328 ESPRESSO MIDWEST INC Operating Supplies General Facilities 109071 1,427 FACILITY SYSTEMS INC Capital Under$2,000 Capital Impr./Maint.Fund 109072 638 FASTENAL COMPANY Equipment Parts Fleet Services 109073 828 FERRELL,LONAIAH Other Contracted Services Basketball 109074 296 FOREMOST PROMOTIONS Fire Prevention Supplies Fire 109075 106 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 109076 80 GEBO, ROBERT L. Other Contracted Services Volleyball 109077 55 GINA MARIAS INC Operating Supplies Police 109078 395 GRAFIX SHOPPE Capital Under$2,000 Fleet Services 109079 96 HACH COMPANY Operating Supplies Water System Maintenance 109080 391 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 109081 10,075 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 109082 3,824 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 109083 279 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 109084 160 HOLMES,TOM Other Contracted Services Volleyball 109085 6,753 HOUSE OF PRINT Printing Community Brochure 109086 225 LAB SAFETY SUPPLY INC Operating Supplies Water Treatment Plant 109087 242 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services 109088 3,129 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services 109089 2,021 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services 109090 108 MARKS CERTICARE AMOCO Equipment Repair&Maint Fleet Services 109091 773 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 109092 633 MENARDS Operating Supplies Street Maintenance 109093 560 MICHELAU,JOHN Other Contracted Services Volleyball 109094 790 MINNESOTA CONWAY Equipment Repair&Maint Water Treatment Plant 109095 1,729 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 109096 36 MINNESOTA VIKINGS FOOD SERVICE Miscellaneous General Facilities 109097 1,022 MINNESOTA WANNER COMPANY Operating Supplies Park Maintenance 109098 1,948 MTI DISTRIBUTING INC Equipment Parts Fleet Services 109099 100 NORTH MEMORIAL HEALTH CARE Tuition Reimbursement/School Liquor Compliance 109100 1,620 ORION SAFETY PRODUCTS Operating Supplies Police 109101 320 PETERSEN,TAMARA Other Contracted Services Volleyball 109102 221 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 109103 82 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 109104 64 REAL GEM Operating Supplies City Council 109105 36 RIGID HITCH INCORPORATED Equipment Parts Fleet Services 109106 27 RITZ CAMERA Video&Photo Supplies Police 109107 18,856 RMR SERVICES INC Equipment Parts Water Meter Repair 109108 1,380 RUFFRIDGE JOHNSON EQUIPMENT CO Capital Under$2,000 Fleet Services 109109 975 S/K WELL&PUMP INSPECTIONS Equipment Repair&Maint Well 14 109110 289 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 109111 6,257 SEATING AND ATHLETIC FACILITY Other Assets Capital Impr./Maint.Fund 109112 80 SHRED-IT Waste Disposal City Center Operations 109113 273 SNAP-ON TOOLS Small Tools Fleet Services 109114 145 SPECIAL OPERATIONS TRAINING AS Tuition Reimbursement/School Police 109115 3,597 ST JOSEPH EQUIPMENT INC Machinery&Equipment Park&Recreation 109116 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 109117 3,208 STREICHERS Capital Under$2,000 Police 109118 374 SUBURBAN CHEVROLET GEO Capital Under$2,000 Fleet Services 109119 125 SWEDLUNDS Waste Disposal Park Maintenance 109120 1,445 SYSTEM GONTROL SERVICES Equipment Repair&Maint Water Well#11 109121 48 TESSCO Operating Supplies Wireless Communication 109122 1,195 TKDA Design&Engineering Utility Improvement Fund 5 City of Eden Prairie • Council Check Register 4/16/2002 Check# Amount Vendor Account Description Business Unit 109123 1,300 TOTAL REGISTER Equipment Repair&Maint Prairie Village Liquor Store 109124 426 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 109125 32 UNIFORMS UNLIMITED Clothing&Uniforms Police 109126 4,359 UNITED RENTALS-HT BRANCH#229 Safety Supplies Water System Maintenance 109127 596 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 109128 537 US FILTER/WATERPRO Equipment Parts Water Meter Repair 109129 113 VALSPAR PAINT Equipment Parts Fleet Services 109130 32 WARNER OUTDOOR EQUIPMENT Equipment Parts Fleet Services 109131 674 WATSON CO INC,THE Merchandise for Resale Concessions 109132 1,897 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 109133 350 WIERSMA,LUKE Other Contracted Services Basketball 109134 4,044 WM MUELLER AND SONS INC Sand Snow&Ice Control 109135 10,025 YALE INCORPORATED Building Repair&Maint. Water Treatment Plant 109136 136 ZEP MANUFACTURING CO Lubricants&Additives Fleet Services 109137 307 ZIEGLER INC Small Tools Fleet Services 726,153 Grand Total f CITY COUNCIL AGENDA DATE: SECTION: Petitions,Requests and Communications April 16,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: "Clean Air on the Prairie"Presentation A . Requested Action Synopsis We received a request for a place on the April 16 Council Meeting Agenda for a presentation by an Eden Prairie group called"Clean Air on the Prairie." We understand this group will have several representatives who will discuss their concerns about the negative effects of second-hand smoke from tobacco use in the workplace. Mr. Leslie Ellis will introduce the presenters. Following their presentation, Councilmember Mosman plans to make a motion for the Council's consideration to form a Task Force to study this issue. Assuming the Council desires to proceed with action on this issue,it seems appropriate to refer this matter to staff for the gathering of any further background information for Council discussion at a future workshop. The earliest currently available Workshop date on our schedule is May 21. Attachments l CITY COUNCIL AGENDA DATE:April 16, 2002 SECTION:Petitions and Requests SERVICE AREA/DIVISION: ITEM DESCRIPTION: Peterson/Briggs Request ITEM NO: Parks and Recreation Regarding Moving the Altmann House Robert A. Lambert Director/0-- Requested Action OPTION I Move to: Deny the request to relocate the house to the Riverview Road site and authorize staff to proceed with the public sale of the house as soon as possible. The City Council will deal with any request to relocate the house with the person that acquires the house through the sealed bid process. OPTION II Move to: Delay development of the Richard T. Anderson Conservation Area access for one year in order to give the proponent an opportunity to find a new location for the house. OPTION III Move to: Approve the request to move the house to the Riverview Road site subject to the proponent successfully acquiring the house through the sealed bid public sale. Synopsis The Peterson family has had a personal connection with the house for over 40 years and would like to save the house if at all possible. Mr. Peterson would like to relocate the house to property he owns on Riverview Road south of Highway 212. The parcel is presently zoned Rural and is part of a larger parcel that extends south of Highway 212 and is proposed to be purchased by the U.S.Fish and Wildlife Service for the Minnesota Wildlife Refuge and Recreation Area. At the March 19, 2002 meeting the Council requested staff to draft a letter to the U.S. Fish acid Wildlife Service to determine several questions: 1 City Council Agenda 4/16/02 Peterson/Briggs Request Page 2 1. Is the property still within the proposed boundaries for the Minnesota Valley National Wildlife Refuge? 2. Would the U. S.'Fish and Wildlife Service consider changing the boundaries to eliminate that parcel from the Refuge? 3. What is the timeline for purchasing the remaining property proposed for the Refuge within Eden Prairie? Attached to this memorandum is a letter from Rick Schultz, Refuge Manager, responding to those questions. Mr. Schultz will be in attendance at the April 16th meeting. • At the March 19th meeting, the City Council also took action to suspend work on the proposed parking lot and access to the Richard T. Anderson Conservation Area and suspend the termination of the lease with the Briggs family. A copy of that notice is also attached to the memorandum. ackground The City purchased the house and 68 acres from Darrill Peterson on a five year contract for deed in 1995. At that time, staff told the Briggs family that the City would eventually remove the house from that site, as it would not serve any useful purpose for park property. On October 15, 2001, the Heritage Preservation Commission unanimously voted to recommend removal of the house to accommodate park use. A previous historical assessment report done by a consultant indicated that it was a nice older home, but due to the site (farm buildings having been removed),the age, and the architectural style, the building wasn't historically significant. On November 6, 2001, the City Council unanimously approved removal or demolition of the house to accommodate park use of the site. In January of 2002, Jean Johnson, Zoning Enforcement Inspector, informed the park and recreation staff that Sever Peterson was applying for approval to move the house to property he owned between Riverview Road and Highway 212 on property that will eventually be purchased by the U.S. Fish and Wildlife Service for the Minnesota River Valley Refuge and Recreation Area. Park and Recreation staff indicated to Jean Johnson that she should inform Mr. Peterson that staff would recommend denial of any permit to build a house on bluff property guided for Public Open Space and within the proposed boundaries for the U.S. Fish and Wildlife Service Refuge Area. On March 19, 2002, Mr. Peterson submitted his request for consideration by the City Council. The City Council requested staff to contact the U.S. Fish and Wildlife Service to determine additional information regarding the status of the property. Rick Schultz, Refuge Manager, has indicated that the property is still in the proposed boundaries of the Refuge and that he would not recommend changing the boundaries as suggested for several reasons: City Council Agenda 4/16/02 Peterson/Briggs Request Page 3 While the 1.5 acre location of the propose house has a farming history, it lies within a few hundred yards of an original native prairie. "Upon acquisition, this parcel will be restored to native grasses and will become part of a much larger tract known as our Upgrala Unit." "Most importantly, the Upgrala Unit, in combination with a portion of the Eden Prairie bluffs,which is now owned by the City, is the largest remaining tract of native prairie in this part of Minnesota. It is a very sensitive and biologically diverse area that supports several hundred species of native grasses and forbs. The most effective way to manage and maintain the diversity of these prairie communities is through periodic prescribed burns." Placing a home in the middle of an area that will require periodic burns will cause management problems for as long as it would be located there. Riverview Road will eventually be abandoned and designated a hiking and bicycle trail that will connect the City of Eden Prairie's trails with the Minnesota Valley State Trail locate in Shakopee. "As currently planned, most of Riverview Road will be closed to vehicle traffic and converted to pedestrian use. We are very excited about this opportunity and believe that this trail will provide access to the Upgrala Unit by an array of Eden Prairie residents, including hikers, bicyclists, school age children, the elderly, bird watchers, photographers, and those who just want to learn about the"prairie" in Eden Prairie." Considerations: Every time a home is jacked up and moved there is structural damage caused to the home. The home should not be located to a site where it is destined to have to be moved again or destroyed. If the goal is to preserve the home as a valuable historic home, it should be located where it can remain well into the future. When a home is relocated,by law, it must be brought up to current building codes. It will take a significant investment in this house to remove the asbestos in the heating system ducts, and bring the house up to code. Effort should be made to find a permanent site for the house to make this type of investment feasible. The City has spent a considerable amount of time on studies and recommendations on code changes that would help protect the Minnesota River bluffs with a goal of preserving or restoring as much of the land between the top of the bluff and the floodplain as possible. If that remains a goal of this Council, staff would not recommend accommodating a request that would make that goal more difficult. RAL:mdd 3 r4 .:,, ::',•.-,,-, --,...,-,s_-„:`,,:itZ ‘2,--,,ci „j- 471 4-7: l'.4.,.-- , i-41- '-t_-_-__ - 1-47., g-ri.,,._ cip__,._, dp—_-„_-_,, , ..44,, ,.___,__e, ,,.....„,,_ ,,„__,_ 2 _.-.1:;- — i &4- .1 :. ...,C, V ._.a- 8080 Mitchell Road,Eden Prairie, MN 55344-4485=edenprairie.org=952-949-8300.i DD 952-949-8399 March 21, 2002 Rick Schultz, Manager IVINT Valley National Wildlife Refuge 3 815 East 80th Street Bloomington, MN 55425-1600 SUBJECT: Sever Peterson Request Dear Mr. Schultz: At the March 19, 2002 Eden Prairie City Council meeting, Sever Peterson requested permission to acquire a home on City parkland designated for demolition, and the right to relocate it on a one and half acre parcel owned by him north of Riverview Road and south of U. S. Highway 212. That parcel is immediately west of property owned by the U. S. Fish and Wildlife Service and is within the proposed boundaries of the Minnesota Wildlife Refuge and Recreation Area. The City Council directed City staff to contact the U. S. Fish and Wildlife Service to ask the following questions: 1. Is that property still within the proposed boundaries of the Minnesota Valley Wildlife Refuge? 2. Would the U. S. Fish and Wildlife Service consider changing the boundaries to eliminate that parcel from the proposed Refuge? If not,why not? 3. What is the timeline for purchasing the remaining property proposed for the Refuge within Eden Prairie? The house that is proposed to be moved onto this property is currently located on the Richard T. Anderson Conservation Area property located at 18700 Flying Cloud Drive. The house was constructed around the 1920's or 30's and is in excellent condition. The City of Eden Prairie would like to see this fine old home preserved if at all possible, and Mr. Peterson is willing to preserve the home at his expense on the Riverview Road property. This issue will be reviewed again at the April 16th meeting of the Eden Prairie City Council. I would appreciate a written response to these questions by April 8th in order to include it in the Council packet for that meeting. e L4 c- NTOFTy -l�IT-i�. o United States Department of the Interior �- -�'' FISH AND WILDLlrh SERVICE. .... Minnesota Valley National Wildlife Refuge 3815 East 80th Street Bloomington,Minnesota 55425-1600 April 8,2002 Mr.Robert Lambert Director of Parks and Recreation Services 8080 Mitchell Road Eden Prairie,Minnesota 55344-4485 Dear Mr. Lambert: Thank you for the letter concerning Mr. Sever Peterson's proposal to acquire and relocate an older home on property he owns near Riverview Road. We sincerely appreciate Mr. Peterson's and the City Council's desires to preserve this old home and in doing so, save an important piece of this area's history. We also acknowledge Mr.Peterson's long standing interest in the natural resources of the Minnesota River plus the City's efforts to preserve and protect these important habitats. We are hopeful that there is a way to achieve the preservation of this home without compromising the area's natural resource values as well. We offer the following responses to these questions which were contained in your letter: 1. Is that property still within the proposed boundaries of the Minnesota Valley[National] Wildlife Refuge? The one and one-half acre property located between Riverview Road and U.S. Highway 212 is located within the proposed boundary of Minnesota Valley National Wildlife Refuge. This lot in question has a farming history but lies within a few hundred yards of original native prairie. Upon acquisition,this parcel will be restored to native grasses and will become part of a much larger tract known as our Upgrala Unit. This unit is approximately 2,300 acres in size and contains important and unique fish,wildlife, and. plant communities. Most importantly,the Upgrala Unit, in combination with a portion of the Eden Prairie Bluffs which is now owned by the City,is the largest remaining tract of native prairie in this part of Minnesota. It is a very sensitive and biologically diverse area that supports several hundred species of native grasses and forbs. The most effective way to manage and maintain the diversity of these prairie communities is through periodic prescribed burns. In fact,the Refuge in cooperation.with the City,Minnesota Department of Natural Resources,private landowners, and others, are hoping to burn this area within the next six weeks. Without question,this area needs to be preserved and managed for,its intrinsic natural resource values. Following the acquisition of these lands,the Refuge will designate and/or construct a hiking and bicycling trail that will connect the City of Eden Prairie's trails with the Minnesota Valley State Trail located in Shakopee. As currently planned,most of 5 Riverview Road will be closed to vehicle traffic and converted to pedestrian use. We are very excited about this opportunity and believe that this trail will provide access to the Upgrala Unit by an array of Eden Prairie residents including hikers,bicyclists,school- aged children,the elderly,bird watchers,photographers,and those who just want to learn more about the"prairie"in Eden Prairie. Once again,we envision working very closely with your staff in the design and development of the trail system across the Upgrala Unit. We sincerely appreciate the work the City has done in the past to preserve the Eden Prairie Bluffs. As we speak to others across this country about conservation efforts,we always describe the City's conservation initiative in concert with both state and federal agencies as a shining example of a productive partnership designed to protect a nationally significant resource. 2. Would the U.S. Fish and Wildlife Service consider changing the boundaries to eliminate that parcel from the proposed Refuge? If not, why not? In responding to this question,we have considered changing the boundary but have decided that this change would not be in the best interest of the Refuge and the natural resources were are entrusted to restore and protect. The present boundary of the Upgrala Unit was established nearly 25 years ago when both the Master Plan and the Comprehensive Conservation Plan for the Refuge and the associated Minnesota Valley State Trail were completed. These documents were prepared in cooperation with the City and the planners took into account several factors before settling on the current boundary. Among these factors included the presence of important natural resources,locations of existing homes and developments, locations of proposed nature trails, and the ability of the Refuge to manage these lands safely, effectively, and efficiently. As mentioned above,the only effective way to maintain this native prairie community is through periodic prescribed burns. These burns,which require a prescribed set of weather conditions including narrow ranges of humidity,wind direction, and wind speed, can easily be thwarted if smoke begins to drift into residential areas. The location of a home on the one and one-half acre lot would complicate both our existing and future prescribed burning efforts. Over the long term,this proposed residence would frustrate the Refuge's and the City's ability to effectively maintain the native plant diversity of the Eden Prairie Bluffs. In addition,the presence of a residence located on Riverview Road may complicate the development of a hiking and biking trail in this area. 3. What is the timeline for purchasing the remaining property proposed for the Refuge within Eden Prairie? The highest priority acquisitions within the authorized Refuge boundary are lands within the Upgrala Unit. Consequently, several conservation organizations including the Friends of the Minnesota Valley and the Trust for Public Lands are working with Congress to appropriate no less than$5 million for land acquisition in Fiscal Year 2002. If Congress agrees,these funds would become available sometime after October 1,2002. The funding will be specifically targeted for acquisition of lands within the Upgrala Unit and upon the expenditure of these funds,an additional appropriation will be sought to complete the acquisition of lands within this area. Over the years,the U.S.Fish and Wildlife Service has made purchase offers to essentially all landowners who owned property within the authorized boundary of the Refuge. To our knowledge,Mr.Peterson had not yet expressed a desire to sell his lands to the U.S. Fish and Wildlife Service. Should we receive an appropriation for the acquisition of these lands,Mr. Peterson and other landowners within the Upgrala Unit will be contacted concerning the potential sale of their properties. Even if Mr.Peterson were allowed to establish a residence on the lot,the Refuge will maintain its plans to acquire this property at a significantly higher cost and upon doing so,the home would be removed from that location. In closing, thanks again for bringing this issue to our attention. We sincerely appreciate working with the City of Eden Prairie on the conservation and management of this locally and nationally significant natural resource. We also hope that Mr.Peterson can find a suitable location to relocate and preserve this older home. Please feel free to contact me at 952-858-0701 should you have any additional questions or concerns. Sincerely, S-ar Rick Schultz Refuge Manager Ilil pden fPis „,„, i = = 3080 Mitchell Road-Eden Prairie, MN 55344-4485-edenorairie.org a 952-949-8300= Di D 952-949-8399 March 25,2002 . • Kenneth and Susan Briggs . P. O. Box 308 Chaska, MN 55318 SUBJECT: . Suspension of Termination of Lease At 18700 Flying Cloud Drive - Dear Ken and Susan: At the City Council meeting on March 19, 2002, the City Council took action to suspend the work that is going to be done to create a parking lot for the Richard T. Anderson Conservation Area. As a result of this. on behalf of the City of Eden Prairie, I wish to inform you that the termination that was sent you on November 8, 2001 is also is being suspended until a future date. Therefore,your lease of the house will not terminate on May 15, 2002. The staff is working with the City Attorney to prepare specifications for the sale and subsequent removal of the home you are currently living in. I will keep you informed of the progress and any future activities that may impact you. The City of Eden Prairie will give you a new 60 day notice as required in your lease when the course of action is finalized. . If there any questions or anything I can assist you with,please give me a call at 952-949-8445. Sincerely, C.c_Y-6,6 Stuart A. Fox Manager Parks and Natural Resource • SAF:mdd Jeff Strate 15021 Summerhill Dirve Eden Prairie, MN 55346 952-949-8980 April 12, 2002 Mayor Nancy Tyra-Lukens Council Members Ron Case, Sherry Butcher, Jan Mosman, David Luse 8080 Mitchell Road Eden Prairie, Minnesota 55344-4485 cc: Bob Lambert, Director, Parks and Recreation Services Re: Mr. Sever Peterson's proposal to acquire and relocate an older home to property he owns near the intersection of U.S. Highway 212 and Riverview Road. Dear Mayor Tyra-Lukens and Council Members: I recommend denial of the request by Mr. Sever Peterson to relocate a house to a 1 1/2 acre parcel that he owns near the intersection of U.S. Highway 212 and Riverview Road. (1) It should be noted that Mr. Peterson would have to first purchase the house from the City of Eden Prairie through a competitive, closed-bid process -- there is no guarantee that he will succeed in re-owning the house. (2) The property for the proposed new location of the house lies within the proposed boundary of the Minnesota Valley National Wildlife Refuge. When, as intended, the parcel is acquired by the U.S. Fish and Wildlife Service, it will be restored to native grasses and be managed as part of the Upgrala Unit of the refuge. The Upgrala Unit and the city's Prairie Bluffs Conservation Area make up the largest surviving prairie in this part of Minnesota. The prairie is thousands of years old and harbors several hundred species of native plants and grasses and is a segment of one of the most important bird flyways in the nation. (3) The Minnesota Valley National Wildlife Refuge is the nation's largest, metropolitan wildlife refuge. As metro populations mushroom (as predicted) its role as a regional recreation area will greatly increase. Any new structures moved to within the proposed boundaries of the refuge would add unnecessary complications and costs to tax payers. (4) Prairie management techniques practiced by Eden Prairie and the Refuge which include controlled burns would be adversely affected by any structure on the parcel. 9 (5) The parcel sits on a planned hiking and bicycling frail along Riverview Road that will network with Eden Prairie, Refuge and Minnesota Valley State trails. A home on this parcel would complicate public use of the trail. I recommend that the City Council deny Mr. Peterson's request. I also suggest that the City Council encourage Mr. Peterson to consider other less problematical options to protect and relocate the house if he succeeds in acquiring it; to consider options which would be in the best interests of the people and tax payers of Eden Prairie and Minnesota as well in the best interests of a nationally acknowledge recreational and envirnmental resource. Most Sincerely, Ofil Lk2(9.. Jeff Strate Former Member, Prairie Bluff Conservation Area Management Task Force Former Board Member, MN Land Trust, Co-leader, Friends of Birch Island Woods to CITY COUNCIL AGENDA DATE: SECTION: Petitions,Requests and Communications April 16,2002 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: David Lindahl, Hennepin County LRT Study Community Development Requested Action No action requested. Synopsis Last February Metro Transit presented the Council with plans to perform a feasibility study for a dedicated bus corridor from Minneapolis to Eden Prairie on the old Chicago-Northwestern rail right of way now owned by Hennepin County. The study was suspended in December when the Legislature limited its scope to the areas of Hopkins and St. Louis Park. The legislative action was the result of a bill sponsored by State Representative Tom Workman. Hennepin County Regional Rail Authority(HCRRA) now plans to conduct a study of potential rail-transit alternatives along the same corridor. The alternatives include Light Rail Transit (LRT) and self-propelled diesel rail cars that are popular in Europe. The study will evaluate rail feasibility, ridership potential, traffic impacts, land use, and environmental impacts. It began in February and should be completed by December 2002. The County will be presenting an overview of the proposed feasibility plan at the April 16,2002 Council meeting and will focus primarily on the public participation process. Attachments 1 CITY COUNCIL AGENDA DATE: April 16, 2002 SECTION: Reports of Director Parks and Recreation Services SERVICE AREA/DIVISION: ITEM DESCRIPTION:Recommendation to ITEM NO: Parks and Recreation Revise the School District/City Joint Powers Robert A.Lambert Director Agreement for Operation of Oak Point Pool Requested Action Move to: Revise the Joint Powers Agreement Between Independent School District 271 and the City of Eden Prairie by providing a notice of termination of the Agreement dated October 29, 1995, as per terms of the Agreement and request the School District agree to the revised Joint Powers Agreement for Oak Point pool in which the School District and City agree to charge the same rate for City and School pools. Synopsis The School District rents pool time from the City at the Community Center and the City rents pool time from the School District at Oak Point pool. City and School District staff believe the most equitable method for charging the City for school pool use is to use the same rate per hour for use of Oak Point pool that the City charges the School District for use of the Community Center pool. The School would not rent pool time by the lane, but would allow rental of the six lane pool or the six lane pool with the water slide pool. The revised Agreement is a Joint Powers Agreement for Oak Point Pool and provides a rental rate equal to the Community Center pool rate. Background The original Agreement between the School District and the City made several assumptions regarding how the School District would charge the City for operating costs. Over the six years of this Agreement, it has been difficult for the City to anticipate net costs based on this formula and the City has been unable to accurately budget for operational expenditures. After extended discussion with School District staff, it has been mutually agreed that the fairest and most efficient method for charging both governmental entities is to use the same formula at both pools for both governmental bodies. The City would continue to be responsible for operation of Oak Point pool after school hours,on weekends and during the summer months. This proposal was reviewed and approved by the City School Facility Advisory Committee on March 20, 2002. Attachment: Revised Joint Powers Agreement RAL:mdd 1 JOINT POWERS AGREEMENT BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 272 AND THE CITY OF EDEN PRAIRIE THIS AGItEEMIIDENT made and entered into by and between Independent School District No.272, a Minnesota public school organized under the laws of the State of Minnesota (hereinafter referred to as"School District"), and the City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota(herein referred to as"City"). 1. RECITALS 1.1 Purpose. School District is the owner of the real property legally described in Exhibit"A" attached hereto and incorporated herein by reference and entitled "Legal Description of the School District Property." Located upon said property is the Oak Point Intermediate School. The School District owns and operates a swimming pool at Oak Point Intermediate School at this location. 1.2 Joint Powers Act. Minnesota Statutes, Section 471.59 authorizes two or more governmental units, by agreement entered into through action of their governing bodies,to jointly or cooperatively exercise any power common to the contracting parties. 1.3 Joint Powers Agreement. The parties to this Agreement desire to enter into a "Joint Powers Agreement" in order to provide for joint use of the swimming pool facility located at the Oak Point Intermediate School. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, it is agreed by and between the parties as follows: 2_ SCOPE OF AGREEMENT 2.1 Creation of Joint Powers Agreement. By this Agreement,the parties hereby create a Joint Powers Agreement for the purpose of joint use and operation of a swimming pool facility located at the Oak Point Intermediate School. 3. CONDUCT OF AGREEMENT 3.1 Agreement to be Bound. Upon the execution of this Agreement, the parties agree to be bound by its terms and conditions as set out herein. 3.2 Dispute Resolution Procedure. All disputes arising between the parties involving the interpretation or application of the terms and conditions of this Agreement, including,but not limited to, any alleged breach and the rights and obligations of the parties, both monetary and non-monetary, shall be subject to the dispute resolution procedure set forth herein. 3.2.1 Conference. The first stage of dispute resolution shall be conference. When a dispute has arisen between the parties and is not settled promptly in the normal course of business,the complaining party shall notify the other party of its complaint by means of a brief written statement. The statement shall describe with specificity the wrong and shall set forth the complaining party's position. Within ten(10) days of receipt of the complaining party's written statement,the parties shall meet. Each party may designate those person(s)who will meet as representatives on the party's behalf. The complaining party will present its position, claims, defenses, and other relevant information. Following the complaining party's presentation, the other party will present its position, claims, defenses, and other relevant information. Each party shall have up to one(1)hour to make its presentation. T 3 3.2.2 Mediation. The second stage of dispute within thirty(30) days of receipt of the written complaint, either party may submit the dispute for mediation to the American Arbitration Association, 514 Nicollet Mall, 6th Floor,Minneapolis,Minnesota 55402. The parties understand that the mediation shall be in the Twin Cities Metro Area,the location of which to be established by the mediator. The parties agree that the then-existing Rules of Procedure adopted by AAA shall govern the mediation proceedings. The parties agree to share equally all fees incurred to AAA. The parties shall submit to mediation for a minimum of eight(8)hours. The parties agree that the mediation proceedings are private and confidential, except as may be otherwise required by law. If, at the end of eight hours of mediation, the parties have not resolved the dispute,the parties may agree to extend the hours of mediation. 3.2.3 Arbitration. The third stage of dispute resolution is binding arbitration. If the parties are unable to resolve the dispute by means of mediation and the requisite minimum eight(8)hours of mediation have been fulfilled, either party may submit the dispute to binding arbitration. Arbitration proceedings shall be governed by the then-existing rules of the American Arbitration Association,with one exception: if the amount of money involved in the dispute is less than$50,000,there shall be only one arbitrator. The parties agree to bear equal responsibility for the fees of the AAA, including the arbitrator(s). Judgment upon the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. In the event that arbitration services are not available from the AAA,the arbitration shall be held in accordance with the Minnesota Arbitration Act. Notwithstanding any other rule of the AAA or law to the contrary,the parties mutually agree that the arbitrator shall not have authority to award damages. 3.2.4. Compliance. The parties deem the dispute resolution as set forth herein to be an integral and essential part of this Joint Powers Agreement. A party's failure to comply in all respects with this procedure shall be substantial breach of this Agreement. The arbitrator(s) shall be authorized to assess costs and attomey's fees against a party that has failed to comply with the procedure in all respects, and may, as a condition precedent to arbitration, require the parties to comply with the conference and mediation stages. 4. JOINT FACILITIES COMMITTEE 4.1 Purpose. For the duration of this Agreement,there shall be established a Joint Swimming Pool Facility Committee,the purpose of which is to oversee supervision and management of the swimming pool facility at Oak Point Intermediate School and implementation of the terms and conditions of this Agreement. The School Board and City Council shall each appoint two or more representatives to serve on the Committee, one of whom shall be the building principal or designee. The Committee shall meet at least twice each year, and at such times as may be requested by either party. 5. REPAIRS CAUSED BY USERS 5.1. Repairs Caused by Users. Repairs and damage arising out of use,whether negligent or intentional acts, not reimbursed by applicable insurance policies, shall be the responsibility of the party, City or School District,which causes the damage. If it cannot be determined which party caused the damage, the parties will share equally in any expenses not reimbursed by applicable insurance policies. I 5 6. SUPERVISION AND MANAGEMENT 6.1 Supervision and Management. During non-school hours,the City shall be solely responsible for occupant supervision and management of the Oak Point swimming pool operation,which includes scheduling hours of operation. The District shall be responsible for maintenance and facilities and safety supervision at all times, during both school hours and non- school hours. In addition, during school hours,the District shall be responsible for occupant supervision and scheduling hours of operation. A party shall not be responsible for the supervision of the use, by the other party or any third parties whose use is not occasioned through any program, obligation or authorization of the party, of that part of the facility owned by the party. 6.2 School District Priority. The School District shall have priority usage of the Oak • Point pool, provided that the School District schedules its usage in compliance with rules and procedures for the use and scheduling of the pool to be implemented by the Joint Facilities Committee. The policies and procedures to be adopted by the Joint Facilities Committee shall include a provision to permit the School District to schedule on a priority basis the usage of the pool,while at the same time providing those rules and procedures under which the City may commit to the pool's usage for its own use and the use of third parties. 7. RENTAL RATES AND MINIMUM USAGE 7.1 The School District shall charge the City for the use of Oak Point pool at the same rental rate the City charges the School District for the use of the Community Center pool except as noted herein. This rate is established each year through the City's fee resolution. Rental rates are to be reviewed and updated on January 1 of each year. The School District shall limit its rental rate for Oak Point pool to the following hourly fees: a. 25 yard, 6 lane fee(2002 rate$31.50 per hour prime time) ($27.00/hour non- prime time) (Same square foot rate as prime time rate at Community Center Pool.) This rate applies to the following hours. (All hours outside of this range will have rates 3 and 4.) Hours: 6:00 a.m. through 5:00 p.m. Monday through Saturday(prime time) Hours: 5:00 p.m. through 9:00 p.m. Monday through Saturday(non-prime time) No scheduled Sunday Hours b. Whole pool fee (includes 6 lane large pool and water slide pool, 2002 rate $55.00/hour prime time) ($45.00/hour non-prime time) This rate applies to the following hours. (All hours outside of this range will have rates 3 and 4.) Hours: 6:00 a.m. through 5:00 p.m. Monday through Saturday(prime time) Hours: 5:00 p.m. through 9:00 p.m. Monday through Saturday(non-prime time) No Scheduled Sunday Hours c. 25 yard, 6 lane Sunday and holiday fee(declared school holidays)normal rate PLUS $31.50/hour. d. Whole pool Sunday and holiday fee(declared school holidays, i.e. July 4, Thanksgiving,Friday following Thanksgiving,December 25, January 1, Memorial Day,Labor Day)normal rate plus$55.00/hour. 7.2. The City shall rent a minimum of 900 hours per year for City programs, including swimming lessons,lap swim water aerobics and open swim sessions, etc. This commitment may be reduced if the School District initiates recreational programs or expands swim team use during the same time periods. The City shall rent the pool to third parties for additional use at the same rental rate based on the amount of time available to the City after School District swim teams and the City have reserved their times. 8. PARKING 8.1 Hours When School is in Session. It is contemplated that the School District will schedule use of the Oak Point pool and parking lot for all or substantially all of the hours when school is in session. There is little or no parking available during the hours when school is in session. Prior to scheduling the use of the pool when school is in session,the City shall provide the nature and extent of its proposed use and obtain approval of the building principal or designee. 8.2 Special Events. The School District shall keep the City informed of School District special events which would potentially cause there to be a shortage of parking for use at the Oak Point swimming pool facility. Prior to scheduling use of the Oak Point swimming pool during hours of School District special events,the City shall provide the nature and extent of its proposed use and obtain approval of the building principal or designee. 8.3 Hours When School Is Not In Session. When school is not in session, and except for the special event provision as set forth above, the parking lot shall be available for use for persons participating in swimming pool activities. The Joint Facilities Committee shall 0 implement rules regarding parking for this purpose to the extent either party deems such rules necessary and makes a request for rules to be implemented. 9. STAFF 9.1 Employees. Notwithstanding responsibilities to each's property and facilities, employees of the parties shall remain employees of their respective entities for any and all purposes including, but not limited to, salaries, wages and other compensation or fringe benefits, worker's compensation, unemployment compensation,teachers' or public employees' retirement, social security, liability insurance, keeping of personnel records,termination of employment, individual contracts and continuing or other contract rights. 10. PROPERTY INSURANCE 10.1 Real Property. The Oak Point swimming pool shall be included in the School District property insurance policy. The swimming pool and all fixtures and property attached to the real property shall be included in the School District's property insurance policy. 10.2 Personal Property. Each party shall separately insure their personal property and fixtures. 10.3 Term. Said policy shall be kept in effect during the entire term of this Agreement. A copy of the policy shall be provided to the other party upon request. 11. PUBLIC LIABILITY INSURANCE 11.1 Policy. Each party shall obtain a policy of public liability insurance protecting itself and its officers, agents and employees against any usual and customary public liability claims arising out of the operation of its respective obligations in respect to the swimming pool facilities. The limits of liability shall not be less than$200,000.00 per person and $600,000.00 9 per occurrence_ Each policy of insurance shall name the other party and its officers, agents, and employees as additional named insureds. 11.2 Term. Said policy shall be kept in effect during the entire term of this Agreement. A copy of the policy shall be provided to the other party upon request. 12. TERMINATION OF AGREEMENT 12.1 Term. This Agreement shall continue in effect until terminated as hereinafter provided. 12.2 Notice of Termination. Either party may terminate this Agreement by serving notice of termination as provided herein. Said notice shall specify the effective date of termination which shall not be less than twelve(12)months following service of notice. 12.3 Effective Termination. The rights and obligations of the parties pursuant to this Agreement shall continue through the effective date of termination. Effective following termination, the City shall have no further rights in respect to the swimming facility, and neither party shall be responsible to the other party of any further costs or expenses. 13. NOTICES • 13.1 Notices. Any and all notices and demands by or from City to School District, or from School District to City, shall be in writing and shall be validly given or made if served either personally or if deposited in the United States mail, certified or registered,postage prepaid, return receipt requested. If such notice be served personally, service shall be conclusively deemed made at the time of such personal service. If such notice or demand be served by registered or certified mail in the manner herein provided, service shall be conclusively deemed made forty-eight (48)hours after the deposit thereof in the United States mail addressed to the party to whom such notice is to be given. Any notice or demand to School District shall be addressed to School District at: Independent School District No.272 • 8100 School Road Eden Prairie,MN 55344 Any notice or demand to City shall be addressed to City at: The City of Eden Prairie Eden Prairie City Center 8080 Mitchell Road Eden Prairie,MN 55344 14. AMENDMENTS 14.1 Amendments. No amendments shall be made to this Agreement except in writing signed by the authorized representative of each party following approval by the respective governing body's board. 15. OBLIGATIONS 15.1 Obligations of Parties. The obligations of each party to third parties shall not be the obligations of the other party except as specifically provided in writing and approved by the governing body of each party in accordance with applicable law. 15.2 Liability. Neither party shall incur liability for personal injury or property damage to students attending school within the School District or to third parties merely because of the existence of this Agreement. 16. DEFAULT 16.1 Default. It shall be a default under this Agreement if either party shall fail to make any payment required on or before the date that the payment is due, or if either party should fail to observe or perform any other obligation, agreement, or covenant on its part for a period of thirty(30) days after receipt of written notice from the other party specifying the default and requesting that it be remedied. If an event of default has happened or is existing,the 11 other party may take whatever action at law or in equity that may appear necessary or appropriate to collect the amounts then due and thereafter to become due, or to enforce performance and observation of any obligation, agreement, or covenant of the other party under this Agreement. No remedy conferred upon or reserved to the non-defaulting party is intended to be exclusive of any other available remedy or remedies,but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be deemed expedient. In the event any agreement contained in this Agreement shall be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 17. INTERPRETATION 17.1 Captions:Headings. The captions and headings of the provisions under this Agreement are for convenience only and shall not be considered or referred to concerning questions of interpretation or construction. 18. SAVING CLAUSE 18.1 Savings. Should any provision or article of this Agreement be found unlawful, the other provisions of this Agreement shall remain in force and effect if by doing so the purposes of this.Agreement taken as a whole in light of the authorizing statute can be made operative. Should any such provision or article be found unlawful, the parties shall meet for the purpose of arriving at an Agreement on a lawful provision or amendment to replace the unlawful provision. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. INDEPENDENT SCHOOL DISTRICT NO. 272 Dated: BY: Its Chair AND Its Clerk CITY OF EDEN PRAIRIE Dated: BY: Its Mayor BY: Its City Manager STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) The forgoing instrument was acknowledged before me this day of , 2002, by and by respectively the Chair and Clerk of Independent School District No. 272, a Minnesota public school, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) • The forgoing instrument was acknowledged before me this day of , 2002, by and by of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public f3 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A. Outlots B and C,Research Farm, Second Addition. (Outlots B and C have been replatted into Research Farm, Third Addition). B. That part of Outlots D and F, RESEARCH FARM 2ND ADDITION, and that part of vacated Research Road ads dedicated in the plat of RESEARCH FARM ADDITION, described as follows: Beginning at the most northerly corner of said Outlot D; thence southwesterly along the westerly line of said Outlot D, 260.25 feet; thence South 10 degrees 33 minutes West along the westerly line of said Outlot D, 175.00 feet to the beginning of curve;thence southwesterly along a tangential curve to the right, along the westerly line of Outlot D, and the southwesterly extension of said curve, through Research Road to the most northeasterly corner of Outlot C; thence continuing along the common line between Outlots C and F of said RESEARCH FARM 2ND ADDITION, 408.55 feet;thence South 88 degrees 15 minutes East, 78.42 feet; thence northeasterly 541.58 feet along a tangential curve, to the left, having a central radius of 530.00 feet; thence North 33 degrees 12 minutes 08 seconds East, tangent to the last described curve, 550.00 feet to the northerly line of said Outlot D;thence northwesterly along the northerly line of said Outlot D, 200.00 feet to the point of beginning. 1LJ Attachment A 4 01A. COMMUNITY CENTER RENTAL FEE SCHEDULE • Facility Facility Information Group I Group II Group III Public Agencies Eden Prairie Non-Resident Individuals Non-Profit&Civic Residents& &Businesses Organizations Businesses Ice Arena Rink#1-Standard Size Rink $142.50/hr prime time $142.50/hr prime time $14250/hr prime time • Rink#2-0lympic Size Rink (Jan 1-June 9) (Jan 1-June 9) (Jan 1-June 31) Prime Time:2-11 pm,Monday-Friday, $142.50/hr prime time 14250/hr prime time $142.50/hr prime time weekends,holiday&non school days (Sept 1-Dec 31) (Sept 1-Dec 31) (Sept 1-Dec 31) Non-prime Time:before 2 pm and after $105/hr non=prime time $105/hr non-prime time- $105/hr non-prime time 11 pm,Monday-Friday Summer Rates:effective June 9- $120/hr(prime time $120/hr(prime time $120/hr(prime time August 31 summer rate) summer rate) summer rate) Summer Non-prime Time:llpm-6 am $105/hr(non-prime time $105/hr(non-prime $105/hr(non-prime (with applicable tax) summer rate) time summer rate) time summer rate) Meeting Room A $5.00/hr* $15/hr primetime $20/hr primetime Rooms $10/hrnon-prime** $15/hr non-prime** Room B $5.00/!rr* $15/hr primetime $20/hour prhnetime $10/hr non-prime** $15/hr non-prime** Room C $5.00/hr* $20/hr primetime $25/hr primetime $15/hr non-prime** $20/hr non-prime** Upper Lobby No charge $5/hour $10/hour Racquetball Free with membership $5/hour/person $5/hour/person $5/hour/person Wallyball (resident) Courts $15/hour/court $15/hour/court $15/hourlcourt (wallyball) (wallyball) (wallyball) Swimming Prime Time:8 am-5 pm,Monday-Saturday $55/hr $55/hr $55/hr Pool and noon-5 pm on Sundays (Jan 1-Dec 31) (Jan 1-Dec 31) (Jan 1-Dec 31) Capacity: - 268 Non-Prime Time:5-9 pm,Monday-Sunday $45.00/hr non-prime time $45.00/hr non-prime $45.00/hr non-prime • (Jan 1-Dec 31) time time (Jan l-Dec 31) (Jan l-Dec 31) Discount Rate:9-11 pm,Monday-Sunday 40.00/hr discount rate $40.00/hr discount rate $40.00/hr discount rate (Jan 1-Dec 31) (Jan-Dec 31) (Jan 1-Dec 31) *Eden Prairie Athletic Associations receive one free meeting room use per month at no charge_ **7:00 a.m.to 3:00 p.m_,Tuesday through Thursday. User group must purchase room for minimum of 30-hour time block. Each time block must be a minimum of 2 hours in length. Request must be submitted to Community Center Manager or Customer Service Representative a minimum of two weeks prior to requested date. Times and dates must not conflict with an existing program or activity_ City programs have priority for booking the meeting room facilities_ • ***All Eden Prairie Associations will be charged$15.00lhr for team parties or team activities where food and beverages are provided as part of the activity_ Group I(Public Agencies,Non-Profit&Civic Organizations)will still be charged $5.00ihr for all other meetings_ 2002 EPCC POOL RENTAL RATES A.Prime Time Rate- WHOLE POOL Monday through Saturday 8:00- 5:00 pm $55.00 Sunday 12:00-5:00 pm B.Non Prime Time Rate- Sunday through Saturday 5:00-9:00 pm $45.00 Sunday 8:00 am- 12:00 pm C.Discount Rate- - • All other hours $40.00 Special Note-All swim meet time is booked at highest rate allowed regardless of time,to cover costs for set-up and take-down. Breakdown - EPCC 25 . Whole 1 2 3 4 5 6 7 8 Dive yards Pool Well A $55.00 $5.25 $10.50 $15.75 $21.00 $26.25 $31.50 $36.75 $42.00 $13.00 Zd �s Ma Y'... r .-.-r f x.,,,,x , S eo vi-? ihrc,a .� ;r°4c.. 74 r rr' uC. -ai3 * ff ffi s ? x; . » � aAx�.�tTz:z. �Y)' :gry � m$4.50 •, $9.00 $13.50 $18.00 $22.50 $27.00 *$31.50 $36.00 $9.00 !�$ r '�y""L,. "3p. �..;zra . ^•. „y.-„rt ufi . ,.�w 3 r '.,,V,a{` 44 A G Y'L u V,: � .a "* �:$i 4- 7 ay.`ra«1 S°-wz-•+ �"',.. a .w h y. 'R'-c -i+TAs'" mr ..a?z W c t ; :a h H�i iraa F a �r wrw fi t eta ' -. +, aa" xe `= - x. -.1.r�', -- �nx.�c;a,.. .u..,.r:R..�',x;` ' -;� ^' �.. ...�r::� z..,: ,.. ._ ,.:.,a.. «;. "�,... ,:: :zt, ,..... .. N, .';: .,'. ..... ,w C $40.00 $ 3.90 $7.80 $11.70 $15.60 $19.50 $23.40 $27.30 $31.20. $8.80 25 Whole 1 2 3 4 5 • 6 Shallow Wing meter Pool A $55.00 $5.75 $11.50 $17.25 $23.00 $28.75 $34.50 $20.50 B $45.00 $4.90 $9.80 $14.70 $19.60 $24.50 $29.40 $15.60 $40.00 $ 4.10 $8.20 $12.30 $16.40 $20.50 $24.60 $15.40 Ic 2002 OAK POINT POOL RENTAL RAT ES A.Prime Time Rate- WHOLE POOL Monday through Saturday 8:00 -5:00 pm $55.00 Sunday 12:00-5:00 pm B.Non Prime Time Rate- Sunday through Saturday 5:00-9:00 pm $45.00 Sunday 8:00 am- 12:00 pm C.Discount Rate- All other hours $40.00 Breakdown - Oak Point Whole 1 2 3 4 5 6 ' Large Small Pool Pool Pool A $55.00 $5.25 $10.50 $15.75 $21.00 $26.25 $31.50 $31.50 $23.50 °5°rgz yr smr i '�7 *< g '.s "' +�°€"'�� .'t.rgx. nt .v � z''�St,M1" .fi e,.-'NSF c l ;e`,,<.a #� dd '_ask s' 4`P Y I.,y.,,3 1 ,,4 3.�` ,r,!r i,� �. ,,, xJ�'wN A;�x,a.. 1` F,. "``i" 01 "?¥� t- f-Z ut'„, 'ttdt€ a.vrFS.r`.", j ks$�re.,ew Gw at.P.A;A .�v„ ,,v4 u�` `-k,�,�C.�+` 'C- -3. "' }'� r B $45.00 $4.50 $9.00 $13.50 $18.00 $22.50 $27.00 $27.00 $18.00 mf TAIrM wjA. wVVI 4,"N•�. ._...�`,�a4';.; ��E "'�g�r i� F r4tr k*At,; k �. ea,'� *t h :1 Ef € � C $40.00 $3.90 $7.80 $11.70 $15.60 $19.50 $23.40 $23.40 $16.60 CITY COUNCIL AGENDA DATE: April 16,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: TT'EM DESCRIPTION: I.C. 02-5563 ITEM NO.: Engineering Services Award Contract for Charison Area Alan D. Gray Improvements—Phase I XE.. , Eugene A. Dietz Requested Action Move to: Adopt resolution awarding contract for I.C. 02-5563, Charlson Area Improvements—Phase II Synopsis The Charison Area Improvements,Phase I includes a temporary sewage pumping station to serve Grace Church and the segment of sanitary sewer in Mitchell Road as designated in the overall Charlson project. Bids will be opened Thursday, April 11, 2002 and "hand carried" to Council on Tuesday, April 16,2002. Background Information The Charison Area Improvements Project was authorized by Council July 18, 2000. The estimated project cost for this extensive street and utility project was $9,176,500. The major elements of the project await easement agreements with the MAC. This proposed Phase I improvements will provide sanitary sewer service to Grace Church. When permanent pump stations are constructed, the pumps and controls of the temporary station will be salvaged. It is necessary to proceed with the temporary pump station to coordinate the Grace Church construction schedule until easements for permanent facilities are available from MAC. Only the pump station is temporary. The remaining portions of Phase I are permanent elements of the Charlson Area Improvements. t CITY COUNCIL AGENDA DATE: April 16,2002 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 02-5563 ITEM NO.: Engineering Services Award Contract for Charlson Area Alan D. Gray Improvements—Phase I Eugene A.Dietz Requested Action Move to: Adopt resolution awarding contract for I.C. 02-5563, Charlson Area Improvements—Phase I Synopsis The Charlson Area Improvements,Phase I includes a temporary sewage pumping station to serve Grace Church and the segment of sanitary sewer in Mitchell Road as designated in the overall Charlson project. Bids will be opened Thursday, April 11, 2002 and "hand carried" to Council on Tuesday,April 16,2002. Background Information The Charlson Area Improvements Project was authorized by Council July 18, 2000. The estimated project cost for this extensive street and utility project was $9,176,500. The major elements of the project await easement agreements with the MAC. This proposed Phase I improvements will provide sanitary sewer service to Grace Church. When permanent pump stations are constructed, the pumps and controls of the temporary station will be salvaged. It is necessary to proceed with the temporary pump station to coordinate the Grace Church construction schedule until easements for permanent facilities are available from MAC. Only the pump station is temporary. The remaining portions of Phase I are permanent elements of the Charlson Area Improvements. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,M NNESOTA RESOLUTION NO.2002-83 RESOLUTION ACCEPTING BID WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 02-5563—Charlson Area Improvements—Phase I Temporary Pump Station and Mitchell Road Sanitary Sewer Bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS,the City Engineer recommends award of Contract to: F.F.Jedlicki,Inc. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with F.F. Jedlicki in the name of the City of Eden Prairie in the amount of $385,564.35 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on April 16,2002. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk SUMMARY OF BIDS CHARLSON AREA EVIPROVEMENTS,PHASE I I.C. 02-5563 F.F. Jedlicki,Inc. $ 385,564.35 Dave Perkins Contracting,Inc. $ 386,278.25 . Kusske Construction Company $ 584,977.25 3