HomeMy WebLinkAboutCity Council - 05/07/2002 AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY,MAY 7,2002 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 Scott Neal,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
III. PRESENTATIONS BY COLLEGE STUDENTS REGARDING RECYCLING OF
BUILDING COMPONENTS
IV. OTHER TOPICS
Council Chamber
V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.)
VI. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.)
VII. ADJOURNMENT
AGENDA
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY,MAY 7,2002 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING & REDEVELOPMENT AUTHORITY MEMBERS: Mayor Nancy Tyra-
Lukens, Councilmembers Sherry Butcher,Ron Case,David Luse and Jan Mosman
CITY COUNCIL STAFF: City Manager Scott Neal,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. APPROVE THE PURCHASE AGREEMENT FOR 4.4 ACRES OF LAND
LOCATED NORTH OF EDENVALE BOULEVARD AND EAST OF INDIAN
CHIEF ROAD
III. ADJOURNMENT
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT is entered into this 7th day of May, 2002 (the
"Effective Date") by and between the COUNTY OF HENNEPIN, a political subdivision of the
State of Minnesota, with an address of A-2303 Government Center, 300 South Sixth Street,
Minneapolis, MN 55487 (the "Seller") and the HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,with an address of 8080 Mitchell
Road, Eden Prairie, MN 55344 (the `Buyer"). This Agreement sometimes refers to Seller and
Buyer individually as a"Party" and collectively as the"Parties."
RECITALS
WHEREAS, Seller is the owner of 4.4 acres of real property known by the Parties as
Parcel B. which is legally described on the attached Exhibit A, and located in the City of Eden
Prairie,Hennepin County, Minnesota(the"Property"); and
WHEREAS,Buyer desires to purchase the Property; and
WHEREAS, Seller is willing to sell the Property to Buyer for public use in accordance
with Minnesota Statutes Section 465.035, and subject to the terms and conditions set forth
herein.
NOW THEREFORE, in consideration of the mutual promises made herein, the Parties
agree as follows:
1. Property. The term "Property" as used in this Agreement refers to the real
property legally described in Exhibit A, and shall include all hereditaments and
appurtenances to the Property.
2. Purchase and Sale. Seller agrees to sell the Property to Buyer pursuant to the
terms of this Agreement, and Buyer agrees to purchase the Property from Seller
pursuant to the terms of this Agreement.
3. Purchase Price. The total purchase price to be paid by Buyer for the purchase of
the Property is Three Hundred Eighty Thousand and 00/100 Dollars
($380,000.00) (the "Purchase Price"). Buyer shall pay the Purchase Price as
follows:
(a) At the Closing, Buyer shall pay to Seller a Down Payment of $63,333.35
in cash, certified check or cashier's check;
(b) The balance of the Purchase Price shall be paid on a Contract for Deed in
the form of Exhibit B attached hereto,which requires five annual principal
payments of $63,333.33 each, and annual payments based on a variable
prime rate of interest capped at the initial interest rate set on the date of
Closing.
4. Conveyance Terms. Upon Buyer's full performance of the Contract for Deed,
Seller shall execute and deliver to Buyer a Quit Claim Deed (the "Deed")
conveying fee title to the Property to Buyer subject to a reservation of mineral
rights by Seller in accordance with Minnesota Statutes Section 373.01, subd. 1.
5. Possession. Seller shall deliver possession of the Property to Buyer at Closing.
6. Due Diligence Period.
6.1 Buyer's Investigation. Except for the environmental reports referred to in
Section 6.3 hereof, during the period commencing on the Effective Date
and ending on the 45h day thereafter (the "Due Diligence Period"), Buyer
may make such investigation and evaluation of the Property as it deems
appropriate.
6.2 Access and Investigation. Seller shall immediately following the Effective
Date allow Buyer and Buyer's agents, access to the Property without
charge and at all reasonable times for the purpose of Buyer's investigation
and testing the same. Buyer shall pay all costs and expenses of such
investigation and testing and shall indemnify and hold Seller and the
Property harmless from, all costs and liabilities relating to Buyer's
activities. Buyer shall further promptly repair and restore any damage to
the Property caused by or occurring during Buyer's testing and return the
Property to substantially the same condition as existed prior to such entry.
6.3 Environmental Reports. Buyer shall have approved, in Buyer's sole
discretion, an updated Phase I Environmental Report, and written results
of two soil borings, four soil samples, and one water sample, to be
prepared with regard to the Property by an environmental. consultant
reasonably acceptable to Buyer at Seller's cost and expense. Seller will
attempt to deliver such reports to Buyer within thirty (30) days of the
Effective Date. Buyer shall have fifteen (15) days to review the reports
after they have been delivered to Buyer (hereinafter the "Environmental
Due Diligence Period")
6.4 Testing. Buyer shall have determined, on or before the expiration of the
Due Diligence Period, that it is satisfied with the results of and matters
disclosed by the reports provided by the County in accordance with
Section 6.3, and any other soil tests, engineering inspections, hazardous
waste and environmental reviews of the Property, all such other tests,
inspections and reviews to be obtained at Buyer's sole cost and expense.
6.5 Right of Termination. If Buyer is not satisfied with the results of its
investigation and evaluation of the Property, in Buyer's sole discretion,
ft
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Buyer may,prior to the end of the Due Diligence Period, and with respect
to Section 6.3 prior to the end of the Environmental Due Diligence Period,
terminate this Agreement by written notice from Buyer to Seller. Such
notice of termination may be given at any time on or before the expiration
of the Due Diligence Period or Environmental Due Diligence Period.
Upon such termination (a) Buyer and Seller shall execute a recordable
written termination of this Agreement, which shall include Buyer's quit
claim of any interest in and to the Real Property, and thereafter neither
party will have any further rights or obligations regarding this Agreement
or the Property. If Buyer does not terminate this Agreement as provided
in this Section 6.5 by the expiration of the Due Diligence Period or the
Environmental Due Diligence Period, Buyer's right of termination
pursuant to this Section 6.5 shall be deemed waived and the parties shall
proceed to consummate the Closing subject to the terms and conditions
hereof.
7. Closing. The closing of the transaction contemplated by this Agreement (the
"Closing") shall occur at Hennepin County Department of Transit & Community
Works, 417 North Fifth Street, Suite 320, Minneapolis, Minnesota, or at such
other place agreed upon by the Parties, on June 28,2002, or on such other date as
may be agreed upon by the Parties.
(a) At Closing, Seller shall: ;
(i) Execute the Contract for Deed;
(ii) Execute and deliver to Buyer an affidavit evidencing the absence
of bankruptcies, judgments affecting the Property, or tax liens
involving parties with the same or similar names as the Seller and
evidencing the absence of mechanic's lien rights affecting the
Property, unrecorded interests affecting the Property, persons in
possession of the Property and known encroachments or boundary
line questions affecting the Property.
(iii) Execute and deliver to Buyer, a completed Minnesota Well
Disclosure Certificate or include on the Deed the statement "The
Seller certifies that the Seller does not know of any wells on the
described real property;"
• (iv) Execute and deliver to Buyer any other document that is
reasonably requested of Seller;
(v) Execute a Bring-down Certificate;
(vi) Execute a Designation Agreement designating the "reporting
person" for purposes of completing Internal Revenue Form 1099;
(vii) If the Property contains or contained a storage tank, execute an
affidavit with respect thereto, as required by Minn. Stat. §116.48;
and
(b) At Closing,Buyer shall:
(i) Tender the Down Payment to Seller pursuant to the provisions of
Section 3 above;
(ii)
(iii) Execute and deliver to Seller the Contract for Deed and any other
document that is reasonably requested of Buyer;
• (iv) Record and pay for recording the Contract for Deed; and
(v) Execute a Designation Agreement designating the "reporting
person" for purposes of completing Internal Revenue Form 1099.
8. Prorations. Seller and Buyer agree to the following prorations and allocation of
costs regarding this Agreement:
8.1 Deed Tax. Seller shall pay all state deed tax regarding the Quit Claim
Deed to be delivered by Seller under this Agreement.
8.2 Real Estate Taxes and Special Assessments. The Parties shall pay the real
estate taxes and special assessments as follows:
(a) At or before the Closing, Seller shall pay all real estate taxes due
and payable with respect to the Property as of the date of Closing;
(b) At or before the Closing, Seller shall pay all special assessments
levied or pending against the Property as of the date of Closing;
(c) Buyer shall pay all real estate taxes due and payable following the
date of Closing;
(d) Buyer shall pay all special assessments levied or pending against
the Property following the date of Closing.
8.3 Recording Costs. Seller will pay the cost of recording all documents
necessary to place record title in the condition warranted and requested by
Buyer in this Agreement, and Buyer shall pay the cost of recording all
other documents.
8.4 Other Costs. All other operating costs of the Property will be allocated
between Seller and Buyer as of the Closing Date, so that Seller will pay
that part of such other operating costs payable before the Closing Date,
and Buyer will pay that part of such operating costs payable from and after
the Closing Date.
8.5 Title Tnsurance and Closing Fee. Buyer will pay all costs of the Title
Evidence and the fees charged by Title for any escrow required regarding
Buyer's objections. Buyer will pay the cost of the Owner's Title Policy
issued as is currently available. Buyer will pay all the closing fees or
charges imposed by any closing agent designated by the Title Company.
8.6 Survey. Buyer shall pay for any survey it undertakes.
9. Title Examination. Title examination will be conducted as follows:
9.1 Title Evidence. Buyer shall within 20 days after the Effective Date, obtain
at Buyer's cost and expense the following(collectively"Title Evidence"):
9.1.1 Title Insurance Commitment. A commitment ("Title
Commitment") for an ALTA Form B 1992 Owner's Policy of Title
Insurance insuring title to the Property, in the amount of the
Purchase Price, issued by Title. The Title Commitment will
commit Title to insure title to the Property.
9.1.2 Survey. A survey prepared by a Registered Land Surveyor
properly licensed to practice in the State of Minnesota. The Survey
shall show the Property and the location of all buildings,
improvements and easements located on the Property and shall be
prepared as required by Title in order to allow Title to issue an
owner's policy of title insurance with regard to the Real Property
without any exception for survey matters.
9.2 Buyer's Objections. Within 20 days after receiving the last of the Title
Evidence, Buyer shall make written title objections ("Objections") to the
form and/or contents of the Title Evidence. Buyer's failure to make
Objections within such time period will constitute a waiver of Objections.
Any matter shown on the Title Evidence and not objected to by Buyer
shall be a "Permitted Encumbrance" pursuant to this Agreement. Seller
will have 60 days after receipt of the Objections to cure the Objections
during which period the Closing will be postponed if necessary. If the
Objections are not cured within such 60 days period, Buyer will have the
option of only the following two remedies:
9.3
9.2.1 Termination. Terminate this Agreement.
9.2.2 Waiver. Waive the Objections and proceed to close in which case
the Closing shall take place as stated in Section 7.
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10. Operation Prior to Closing. From the date hereof to the Closing Date the Seller
shall maintain the Property in a good condition not less than that in which the
property existed on the date of this Agreement.
11. Representations and Warranties by Seller. Seller represents and warrants to
Buyer as follows:
11.1 Title to Real Property. Seller holds fee title to the Property.
11.2 Environmental Laws. Except as to matters disclosed in the environmental
reports furnished by Seller to Buyer to the best of Seller's knowledge,
Seller has no actual knowledge of (i) the presence of any Hazardous
Substances on, in or under the Property; or (ii) any spills, releases,
discharges or disposal of Hazardous Substances that have occurred or are
presently occurring on the Property.
To the best of Seller's knowledge Seller represents that, as of the date of
this Agreement, it has no actual knowledge of any failure to comply with
all applicable local, state and federal environmental laws, regulations,
ordinances and administrative and judicial orders relating to the
generation, recycling, reuse, sale, storage, handling, transport or disposal
of any Hazardous Substances on or adjacent to the Property.
11.2.3 Definitions. "Environmental Law" means the Comprehensive
Environmental Response, Compensation and Liability Act
("CERCLA"), 42 U.S.C. §9601 et seq., the Resource Conservation
and Recovery Act, 42 U.S.C. §9601 et seq., the Federal Water
Pollution Control Act, 33 U.S.C. §1201 et seq., the Clean Water
Act, 33 U.S.C. §1321 et seq., the Clean Air Act, 42 U.S.C. § 7401
et seq., the Toxic Substances Control Act, 33 U.S.C. §1251 et seq.,
all as amended from time to time, and any other federal, state, local
or other governmental statute, regulation, rule, law or ordinance
dealing with the protection of human health, safety, natural
resources or the environment now existing and hereafter enacted;
and
"Hazardous Substance"means any pollutant, contaminant,
hazardous substance or waste, solid waste,petroleum product,
distillate, or fraction,radioactive material, chemical known to
cause cancer or reproductive toxicity,polychlorinated biphenyl or
any other chemical, substance or material listed or identified in or
regulated by any Environmental Law.
"Claim" or "Claims" means any and all liabilities, suits, claims,
counterclaims, causes of action, demands, penalties, debts,
obligations, promises, acts, fines, judgments, damages,
consequential damages, losses, costs, and expenses of every kind
(including without limitation any attorney's fees, consultant's fees,
A71...1
costs, remedial action costs, cleanup costs and expenses which
may be related to any claims).
11.3 Rights of Others to Purchase Property. Seller has not entered into any
other contracts for the sale of the Property which have not been
terminated, nor are there any rights of first refusal or options to purchase
the Property or any other rights of others that might prevent the
consummation of this Agreement.
11.4 Proceedings. There is no action, litigation, investigation, condemnation or
proceeding of any kind affecting the Property pending or to the best
knowledge of Seller.
11.5 Storage Tanks. No above ground storage tanks are located in or about the
Property, or have been located under, in or about the Property and have
subsequently been removed or filled.
11.6 Wells. The Seller certifies and warrants that the Seller does not know of
any"wells"on the Property within the meaning of Minn. Stat. §103I.
12. Condemnation. If, prior to the Closing Date, eminent domain proceedings are
commenced against all or any part of the Property, Seller shall immediately give
notice to Buyer of such fact and at Buyer's option (to be exercised within fifteen
(15) days after the date of Seller's notice), this Agreement shall terminate, in
which event neither party will have further obligations under this Agreement. If
Buyer shall fail to give such notice then there shall be no reduction in the
Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's
right, title and interest in and to any award made or to be made in the
condemnation proceedings. Prior to the Closing Date, Seller shall not designate
counsel, appear in, or otherwise act with respect to the condemnation proceedings
without Buyer's prior written consent unless Buyer has failed to do so within
fifteen(15) days after notice from Seller as provided above.
13.
14. Notices. All notices provided for in this Agreement shall be in writing. The notice
shall be effective two (2) business days after the date the Party sending such
notice deposits the notice with the United States Postal Service with all necessary
postage paid, for delivery to the other Party via first class mail, at the address set
forth in below, or on the date of faxing provided a copy of the same is deposited
in the mail on the date of faxing as requested hereby.
Buyer: Seller:
Bob Lambert
Parks &Recreation Services
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Copy to:
Richard F. Rosow, Esq. Hennepin County Leasing
Gregerson,Rosow, And Land Management
Johnson&Nilan, Ltd. Dept. of Transit& Community Works
1600 Park Building 417 North Fifth Street, Suite 320
650 Third Avenue South Minneapolis,MN 55401
Minneapolis,MN 55402-4337
15. Entry on Land by Buyer. Upon 24 hour notice to Seller, Buyer may hereafter
enter on and inspect the Land for purposes consistent with its interest under this
Agreement. Seller consents to the installation by Buyer of a fence, at Buyer's
sole cost and expense, along the eastern boundary of the Property. If this
Agreement is terminated, Buyer agrees to remove or leave in place said fence at
Seller's option. Buyer hereby indemnifies and agrees to defend and hold Seller
forever harmless from and against any and all claims, actions, loss, damage, cost
and expense (including without limitation attorneys' fees) asserted against, or
suffered, incurred or paid by, Seller resulting from or in connection with any such
entry or inspection, including but not limited to any injury or damage to, or
caused by, the persons conducting such entry or inspection, and any mechanic's
liens asserted by any persons supplying services or materials at Buyer's request or
on its behalf, whether or not entry is made on the Land in connection therewith.
The indemnity provisions of this Section shall survive the closing and any
expiration or termination of this Agreement.
16. Seller's Representations and Warranties. Seller makes no representations or
warranties regarding the Property except as expressly provided herein.
17. Buyer's Representations and Warranties. Buyer hereby represents and warrants to
Seller, which representation and warranty shall survive the Closing that the
individual executing this Agreement on behalf of Buyer has the legal authority
and the legal capacity to execute this Agreement on behalf of Buyer and to bind
Buyer and that Buyer has the full and complete authority to enter into this
Agreement and to purchase the Property.
18. Time.Time is of the essence for all provisions of this Agreement.
19. Survival of Terms. The Parties' obligations under this Agreement and the
representations and warranties which the Parties have recited in this Agreement
shall survive Seller's delivery of the Deed to Buyer and the closing of this
transaction,subject only to the specific limitations set forth in this Agreement.
20. Full Agreement. The Parties acknowledge that this Agreement represents the full
and complete agreement of the Parties relating to the purchase and sale of the
Property and all matters related to the purchase and sale of the Property. This
Agreement supersedes and replaces any prior agreements, either oral or written,
and any agreements or modifications to this Agreement must be in writing and
executed by both Parties to be effective.
21. Governing Law. This Agreement has been made under the laws of the State of
Minnesota and such laws shall control its interpretation.
22. Brokers. Each Party represents to the other that it has not retained any broker or
agent to represent it in this transaction. Each Party warrants that it shall indemnify
the other for any claims, demands, causes of action and costs and reasonable
attorneys fees arising from any broker or agent claiming a commission or fee with
respect to this transaction.
23. Assignment. Neither Party may assign its interest under this Agreement without
the proper written consent of the other.
24. Counterparts. This Agreement and any amendments to this Agreement may be
executed in counterparts, each of which shall be fully effective and all of which
together shall constitute one and the same instrument.
25. Third Party Beneficiary. There are no third party beneficiaries of this Agreement,
intended or otherwise.
26. No Joint Venture, Partnership. Seller and Buyer, by entering into this Agreement
and consummating the transactions contemplated hereby, shall not be considered
joint venturers or partners. Buyer shall indemnify and defend Seller from any and
all loss, liability, claim or damage resulting from Seller being deemed a joint
venturer or partner of Buyer. Seller shall indemnify and defend Buyer from any
and all loss, liability, claim or damage resulting from Buyer being deemed a joint
venturer or partner of Seller.
27. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
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28. Captions. The Section headings or captions appearing in this Agreement are for
convenience only, are not a part of this Agreement and are not to be considered in
interpreting this Agreement.
29. Binding Effect. This Agreement binds and benefits the parties and their
successors and assigns.
SELLER:
County of Hennepin
Approved as to form and execution:
By:
Its: Chair of its County Board
By:
Assistant County Attorney
By:
Its: Assistant/Deputy/County Administrator
Attest:
Deputy/Clerk of County Board
BUYER
Housing and Redevelopment Authority in
and for the City of Eden Prairie
By:
Its: Chairperson
By:
Its: Secretary
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2002, by , the Chair of its County Board and by
, the Assistant/Deputy/County Administrator of Hennepin County,
Minnesota, a Minnesota , on behalf of the
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2002, by Nancy Tyra-Lukens and Carl Jullie, respectively the Chairperson and the Secretary of
the Housing and Redevelopment Authority in and for the City of Eden Prairie on behalf of said
entity.
Notary Public
EP'Birch Island Woods\Purchase Agreement Dratt050202
D-
EXHIBIT A
PARCEL B
That part of the Northeast Quarter of Section 4,Township 116,Range 22 lying south of the south
line of the present right-of-way of the Chicago, Milwaukee & St. Paul Railway, which lies
easterly of the center line of the County Road(now known as Indian Chief Road); and which lies
northerly of the northerly right-of-way line of the roadway easement parcel, granted in favor of
the City of Eden Prairie, as described on document number 1886487 and filed November 6, 1987
in the office of the Register of Titles in and for Hennepin County.
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY,MAY 7,2002 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 Scott Neal,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. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATION OF SENIOR AWARENESS WEEK
V. RECOMMENDATIONS FROM THE JEAN HARRIS MEMORIAL TASK FORCE
VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VII. MINUTES
A. COUNCIL WORKSHOP HELD APRIL 9,2002
B. CITY COUNCIL MEETING HELD APRIL 9,2002
C. COUNCIL WORKSHOP HELD APRIL 16,2002
D. CITY COUNCIL MEETING HELD APRIL 16,2002
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. MARVIN HEIGHTS by Peter Anderson and Virginia Marvin. 2nd Reading for
Planned Unit Development District Review with waivers on 3.11 acres and Zoning
District Change from RM-6.5 to R1-13.5 on 3.11 acres. Location: West of
Preserve Boulevard and South of Anderson Lakes Parkway. (Ordinance for PUD
District Review and Zoning District Change)
CITY COUNCIL AGENDA
May 7,2002
Page 2
C. THE:HEIGHTS AT VALLEY VIEW by Eden Prairie Leased Housing
Associates I,LLP. 2nd Reading for Planned Unit Development District Review
with waivers on 10.26 acres,Zoning District Change from Rural to RM-2.5 on
10.26 acres, and Site Plan Review on 10.26 acres. (Ordinance for PUD District
Review and Zoning District Change and Resolution for Site Plan)
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF OAKPARKE
ESTATES 4TH ADDITION
E. AWARD CONTRACT FOR REPLACEMENT OF STARING LAKE PARK
TENNIS COURTS
F. ADOPT RESOLUTION APPROVING PROJECT MANAGEMENT
AGREEMENT FOR HEIGHTS AT VALLEY VIEW APARTMENT
DEVELOPMENT
G. ADOPT RESOLUTION ACCEPTING THE MINNESOTA AUTO THEFT
PREVENTION PROGRAM GRANT
H. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED.,
ORDERING PREPARATION OF 2002 SPECIAL ASSESSMENT ROLLS
AND SETTING PUBLIC HEARING DATE ON JUNE 4,2002,FOR
CRESTWOOD TERRACE STREET AND UTILITY IMPROVEMENTS,
I.C. 98-5474
I. ADOPT RESOLUTION AUTHORIZING RIGHT-OF-WAY ACQUISITION
FOR THE CONSTRUCTION OF CEDARCREST DRIVE IN SECTION 20,
I.C. 00-5520
J. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR CRESTWOOD TERRACE STREET AND UTILITY
IMPROVEMENTS I.C.98-5474
K. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR CHARLSON AREA IMPROVEMENTS,PHASE III,I.C. 02-5565
L. APPROVE COUNCILMEMBER"OPEN SEAT"MEMBERSHIP IN THE
EDEN PRAIRIE ROTARY
M. ADOPT RESOLUTION APPROVING THE ELECTION FOR EXCLUSION
FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
(PERA)FOR SCOTT H. NEAL, CITY MANAGER
N. AUTHORIZE STAFF TO PROCEED WITH OBTAINING BIDS FOR
REPAIR OF THE ROOF OVER THE SW IVI IING POOL AT THE EDEN
PRAIRIE COMMUNITY CENTER
CITY COUNCIL AGENDA
May 7,2002
Page 3
IX. PUBLIC HEARINGS/MEETINGS
A. HENNEPIN VILLAGE—WATSON PROPERTY by Pemtom Land Company.
Guide Plan Change from Low Density Residential to Medium Density Residential
on 1.87 acres,Planned Unit Development Concept Amendment on 30.17 acres to
the overall Hennepin Village PUD,Planned Unit Development District Review
with waivers on 30.17 acres,Zoning District Change from Rural to RM-6.5 on 1.87
acres, and Zoning District Amendment within the RM-6.5 Zoning District on 30.17
acres, Site Plan Review on 1.87 acres, and Preliminary Plat of 2.66 acres into 22
lots.Location: 9782 Spring Road. (Resolution for Guide Plan Amendment,
Resolution for PUD Concept Amendment,Resolution for Preliminary Plat,
Ordinance for PUD District Review,Zoning District Change and Zoning
District Amendment)
X. PAYMENT OF CLAIMS
XL ORDINANCES AND RESOLUTIONS
XII. PETITIONS,REQUESTS AND COMMUNICATIONS
A. TRAIL IMPROVEMENTS AND STREET WIDTH FOR CRESTWOOD
TERRACE NEIGHBORHOOD
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. Report on Trails and Parks Serving Residential Development in the
Golden Triangle Area
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
CITY COUNCIL AGENDA
May 7,2002
Page 4
XVI. OTHER BUSINESS
XVII. ADJOURNMENT
CITY COUNCIL AGENDA DATE:
SECTION: May 7,2002
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sandy Werts Senior Awareness Week
Senior Center Proclamation '
Parks and Recreation Services
Requested Action
Move to: Accept the proclamation designating May 6 through May 17, 2002 as Senior
Awareness Week in Eden Prairie.
Synopsis
Senior Awareness Week is Eden Prairie's Celebration of Older American's Month that is
celebrated nationally in May. This year the activities span 11 days from May 6 through May
17. Numerous activities are offered by organizations serving seniors in the community. A two-
page insert featuring the activities available was published in the April 27 issue of the Eden
Prairie News. This years theme is "Eden Prairie: A Community for All Ages."
A group of seniors will be present at the May 7 Council meeting at 7:00 p.m. to receive the
proclamation.
Background
The first Senior Awareness Week was held in September of 1990. It was moved to May in
1991 to celebrate Older Americans Month. All of the agencies supporting seniors in Eden
Prairie are invited to participate.
Attachments:
Proclamation
1
PROCLAMATION
City of Eden Prairie
Hennepin County,Minnesota
WHEREAS,the increasing number of senior citizens in Eden Prairie bring many
opportunities and challenges for all components of our City--families,businesses, and
government; and
WHEREAS,every segment of our society is influenced by the needs,resources and
expertise of our senior citizens; and awareness improves participation and action; and
WHEREAS,our Eden Prairie seniors play a pivotal role in formal and informal
education,sharing years of accumulated experience and wisdom which will impact our future;
and
WHEREAS,the community wishes to celebrate and acknowledge the contributions and
accomplishments of the seniors in our community and recognize the organizations that serve
older adults; and
WHEREAS,the theme"Eden Prairie: A Community for All Ages,"establishes that
seniors are an integral part of our community,
NOW,THEREFORE,I,Nancy Tyra-Lukens,Mayor of the City of Eden Prairie,
Minnesota, do hereby proclaim:
May 6 through May 17,2002
to be
"SENIOR AWARENESS WEEK"
in the City of Eden Prairie,Minnesota.
ADOPTED by the Eden Prairie City Council on this 7th day of May 2002.
IN WITNESS WHEREOF,I have affixed the seal of the City of Eden Prairie.
Nancy Tyra-Lukens,Mayor
on behalf of Council Members:
Sherry Butcher
Ron Case
David Luse
Jan Mosman
L= -,t
CITY COUNCIL AGENDA DATE:
May 7,2002
SECTION:
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO:
Parks and Recreation Recommendation from Jean Harris Memorial
Robert A. Lambert Director Task Force —"
Requested Action
1st Motion: Move to approve the concept of selecting the Purgatory Creek Recreation Area
as the site that will accommodate an artistic component that will reflect Jean
Harris's spirit of public service. Funding for the design to come from the T.I.F.
for the Purgatory Creek Recreation Area.
2"d Motion: Move to authorize the Arts Commission to appoint an ad hoc committee to work
with staff to recommend an artist that will work with the committee and the
landscape design consultant in developing an artistic component within the
Purgatory Creek Recreation Area.
3rd Motion: Move to approve the Charter Statement for the Ad Hoc Committee.
Synopsis
The Jean Harris Memorial Task Force unanimously recommended that the best method to
memorialize Jean was to create an artistic component within the Purgatory Creek Recreation
Area and that the process for developing or designing that artistic component should be
determined through a process utilizing citizens, the landscape architect for the project, and an
artist familiar in developing public art in public outdoor places.
The task force evaluated many options, but decided that the best method for selecting the way to
memorialize Jean would be to provide an artist with a great deal of information about Jean and
allow an artist to reflect those qualities in his or her preferred medium.
The task force would also request that all members of the task force be invited to serve on the ad
hoc committee, but felt that this task should fall under the Arts Commission and should be
reviewed by the Parks,Recreation and Natural Resources Commission prior to final approval by
the City Council.
City Council Agenda 5/7/2002
Recommendation Regarding Best Method to Memorialize Jean Harris,Her Life,Her Ideals, and Her
Accomplishments
Page 2
Once the ad hoc design committee submits a recommendation as approved by the City Council
with an estimated cost, the Council will be requested to form another committee responsible for
fund raising to accomplish the construction of the project.
Background
On January 15, 2002, the City Council approved the Task Force Charter Statement and the
appointment of volunteers wishing to serve on the task force. The task force first met on
February 20th and discussed at length the goals of the task force and possible ideas that would be
appropriate for memorializing Dr. Jean Harris.
The task force met again in March and began focusing on some type of memorial at the
Purgatory Creek Recreation Area. At that meeting, Mary Altman, Director of Public Art for
Minneapolis, discussed the process for choosing an artist and the process for approving a design
for a particular area.
At the April meeting Barry Warner, Landscape Architect for SRF and the lead design landscape
architect for the Purgatory Creek Recreation Area, discussed the process of working with artists
on public art in public places. Task force members again discussed a variety of methods for
creating the type of space, as well as the type of art that would reflect Dr. Harris's ideas and
accomplishments. The task force determined the best method to develop the final design would
be to hire a professional artist to work with a park planner and a committee that would focus on
the design of a space or a feature at the Purgatory Creek Recreation Area that would meet the
goals of the City Council.
Staff would recommend the Council approve the attached Charter Statement for an ad hoc
committee of the Arts Commission and would anticipate no more than a three month design
process for this project. At the end of that time period, after the design has been approved by the
Arts Commission, the Parks, Recreation and Natural Resources Commission, and the City
Council, staff would then recommend the Council ask for volunteers for a Fund Raising
Committee for the purpose of providing an opportunity for businesses, Eden Prairie service
organizations, and individuals to contribute toward this project. Staff would recommend no
more than a three month fund raising effort at which time the Council would authorize
completing plans and specifications and begin construction of the project in 2003.
BL:mdd
AD HOC COMMITTEE CHARTER STATEMENT
JEAN HARRIS MEMORIAL DESIGN
Purpose
Recommend an artist That will work with the committee and the landscape design consultant in
developing an artistic component within Purgatory Creek Recreation Area that will reflect Jean Harris's
spirit of public service. Present the final design to the Arts Commission, Parks, Recreation and Natural
Resources Commission and City Council for approval.
Roles and Responsibilities:
Ad Hoc Committee Responsibilities:
A. Interview and recommend an artist to the City Council.
B. Review all artistic designs and select the artistic component that will best reflect Jean Harris's
spirit of public service.
C. The committee will be responsible for recommending to the Arts Commission,Parks,Recreation
and Natural Resources Commission and the City Council which design to pursue and the
estimated cost to complete.
D. Provide a written recommendation to the Arts Commission in August 2002, Parks, Recreation
and Natural Resources Commission in September,2002 and the City Council in October 2002.
Staff Responsibilities:
A. Develop and post a Request for Proposal for artists to apply.
B. Screen artist applicants for interviews by the committee.
C. Develop agenda and provide support materials for each meeting.
D. Draft the written recommendation to the City Commissions and City Council as supported by the
committee.
E. Provide cost estimates of the design(s)that are recommended by the committee.
Membership:
• Three Arts Commission members
• Volunteers from the Jean Harris Memorial Task Force.
Staff Liaison: Tria Mann
Barry Warner, SRF
Recording Secretary:
Duration: May 2002—October 2002
3
A.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY,APRIL 9,2002 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
Mayor Tyra-Lukens called the meeting to order at 5:35 p.m.
II. APPROVAL OF AGENDA
IV. SERVICE AREA DIRECTOR ACCOMPLISHMENTS AND GOALS
This discussion was a continuation of the March 19 Workshop.
PUBLIC WORKS SERVICES
Public Works Services Director Gene Dietz reviewed a March 15 memorandum to
Council that outlined 2001 accomplishments and 2002 goals for Public Works divisions.
Mayor Tyra-Lukens asked Dietz for his impression of the first"sector meeting," a
meeting regarding a public works project that was held in the neighborhood in April
2001. Dietz said he thought the meeting went well,but felt that better visuals and
acoustics could have been achieved had the meeting been held in the Council Chamber.
Councilmembers noted that the meeting was very well attended by residents.
Councilmember Luse asked the Council to consider changing the City Code to include
sidewalks as part of special assessment projects. He suggested holding a Workshop on
the topic. City Manager Jullie said he would review the Workshop scheduled with staff.
Tyra-Lukens asked what staff has done to revamp the annual"Clean Up Day." Dietz
referenced a memo sent to council by Environmental Coordinator Leslie Stovring
1
outlining the problems that were encountered last year and what can be done to avoid
them in the future.
Luse asked whether or not staff and/or Council had considered outsourcing some
services,such as fleet services. Case said he would like the departments to prepare a
couple of examples for study and possibly provide comparisons with what other cities are
doing. Lambert said Parks and Recreation already outsources quite a bit of work. He
also mentioned a self-assessment program the Parks and Public Works union employees
are working on to determine costs and efficiencies.
PUBLIC SAFETY SERVICES
Clark referenced materials he had distributed to Council at the April 9 Workshop. He
said Police are still conducting daily security checks at points throughout the City
(including the wells,water tower, etc.). While crime was down slightly in 2001, calls for
service were up significantly. He said it is hard to pinpoint why the call volume has
increased, especially since medical calls are included in this count. Clark said the
department has increased its forensic computer work, and has on staff one the leading
experts in this area. Clark said the department is working actively on a"Less Than
Lethal"program. This program helps police officers deal effectively with potentially
violent mentally ill individuals without using deadly force. All police supervisor cars
carry 40mm guns with rubber bullets. The department is planning to hire a full-time fire
chief by the end of the year. A record number of building permits were issued last year,
and permit issuance is above the expected level so far this year.
V. COUNCILMEMBER DISCUSSION OF 2002 GOALS
Mayor Tyra-Lukens asked the Council to delay their goals discussion until the next
Workshop, since they had run out of time.
VI. OTHER TOPICS
Council Chamber
VII. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.)
No one was scheduled to speak at the Open Forum.
VIII. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.)
No one requested to speak during this portion of the meeting.
IX. ADJOURNMENT
2
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY,APRIL 9,2002 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 Julie, 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
Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All members were present.
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
Mayor Tyra-Lukens said the Council Forum has been modified as follows. Council Forum
will be held the first and third Tuesday of the month from 6:30—7:00 p.m. in the Council
Chamber. Please note that this portion of the meeting is off-camera. The Council Forum
will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50 p.m. is
reserved for scheduled participants. If you wish to schedule time to visit with the City
Council and Service Area Directors,please notify the City Manager's office(at 952-949-
8412)by noon of the meeting date with your request. The last 10 minutes of the Forum,
from 6:50 to 7:00 p.m. is set aside for impromptu, unscheduled appearances by individuals
or organizations that wish to speak the Council.
IV. PROCLAMATION OF CHILD ABUSE PREVENTION MONTH
Mayor Tyra-Lukens read a proclamation declaring the month of April National Child
Abuse Prevention month. She introduced Pat Holder,who represented Cornerstone, a local
agency that serves children who have been victimized by domestic violence.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Mosman added Item XIV.A.2. Butcher added Item XIV.A.3.Request Staff to Address
Hillcrest/Alpine Way Improvements.
MOTION: Case moved,seconded by Mosman,to approve the Agenda as published and
amended.Motion carried 5-0.
CITY COUNCIL MINUTES
April 9,2002
Page 2
VI. MINUTES
A. SPECIAL MEETING HELD MARCH 18,2002
MOTION: Mosman moved, seconded by Butcher,to approve as published the
Minutes of the Special City Council Meeting held March 18, 2002. Motion carried
5-0.
B. COUNCIL WORKSHOP HELD MARCH 19, 2002
MOTION:Butcher moved, seconded by Case,to approve as published the Minutes
of the City Council Workshop held March 19, 2002. Motion carried 5-0.
C. CITY COUNCIL MEETING HELD MARCH 19,2002
MOTION: Mosman moved, seconded by Luse,to approve as published the
Minutes of the City Council Meeting held March 19, 2002.Motion carried 5-0.
VII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. BRYANT LAKE BUSINESS CENTER THIRD ADDITION by Glenborough
Realty Trust, Inc. Planned Unit Development Concept Amendment on 2.37 acres,
Planned Unit Development District Review on 0.6 acres, Zoning District Change
from Regional Commercial to Office on 0.6 acres, Site Plan Review on 0.6 acres,
and Preliminary Plat of 2.37 acres into one lot. Location: 7555 Market Place
Drive. (Ordinance No. 7-2002-PUD-4-2002 for PUD District Review and
Zoning District Change,Resolution No. 2002-63 for Site Plan Review.)
C. UNITEDHEALTH GROUP PUD by UnitedHealth Group. Guide Plan Change
from Office to High Density Residential on 19 acres, Office to Regional
Commercial on 4.2 acres, Office to Neighborhood Commercial on 4.5 acres,
Medium Density Residential to Quasi-Public on 10 acres, and from Medium
Density Residential to Office on 5 acres,Planned Unit Development Concept
Review on 72 acres, and Alternative Urban Area wide Review(AUAR) on 72
acres. Location: South of Highway 62, east of Shady Oak Road,north of City
West Parkway. (Resolution No. 2002-64 adopting the Alternative Urban
Areawide Review (AUAR))
D. APPROVE JOINT POWERS AGREEMENT BETWEEN THE CITY OF
EDEN PRAIRIE AND THE BUREAU OF CRIMINAL APPREHENSION-
PREDATORY OFFENDER REGISTRATION SYSTEM
E. ADOPT RESOLUTION NO.2002-65 DESIGNATING PERSONS
AUTHORIZED TO PUBLICLY OPEN BIDS FOR PUBLIC
IMPROVEMENTS
CITY COUNCIL MINUTES
April 9,2002
Page 3
F. AWARD CONTRACT FOR PARK BASEBALL BUILDING
G. AWARD CONTRACT FOR PARK BUILDING AT CRESTWOOD PARK
H. AWARD CONTRACT FOR 2002 STREET STRIPING,I.C. 02-5560
I. AWARD CONTRACT FOR 2002 STREET CRACKSEALING,I.C. 02-5561
J. ADOPT RESOLUTION NO.2002-66 APPROVING PLANS AND
SPECIFICATIONS FOR BRYANT LAKE DRIVE TRAIL,LC. 00-5514
K. ADOPT RESOLUTION NO.2002-67 APPROVING TRAFFIC CONTROL
SIGNAL AGREEMENT WITH MNDOT FOR EMERGENCY VEHICLE
PRE-EMPTION ON EXISTING TRAFFIC SIGNALS,I.C. 01-5541
L. ADOPT RESOLUTION NO. 2002-68 APPROVING TRAFFIC CONTROL
SIGNAL AGREEMENT WITH MNDOT FOR A SIGNAL AT THE I-494
NORTH RAMP AND PRAIRIE CENTER DRIVE INTERSECTION,I.C.I.C.
01-5550
M. APPROVE DRAINAGE EASEMENT TO MNDOT FOR I-494 THIRD LANE
IMPROVEMENTS,I.C. 02-5553
N. APPROVE AGREEMENT WITH THE STATE OF WISCONSIN-RADIO
FREQUENCY SHORT SPACING
MOTION: Luse moved, seconded by Butcher,to approve Items A-N of the
Consent Calendar. Motion carried 5-0.
VIII. PUBLIC HEARINGS /MEETINGS
A. MARVIN HEIGHTS by Peter Anderson and Virginia Marvin. Planned Unit
Development Concept Amendment on 3.11 acres,Planned Unit Development
District Review with waivers on 3.11 acres, Zoning District Change from RM-6.5
to R1-13.5 on 3.11 acres, and Preliminary Plat of 3.11 acres into 1 lot. Location:
West of Preserve Boulevard and South of Anderson Lakes Parkway. (Resolution
No.2002-69 for PUD Concept Amendment,Resolution No. 2002-70 for
Preliminary Plat.)
Julie said official notice of this public hearing was published in the March 28,
2002,Eden Prairie News and was sent to 47 property owners.He said the project is
for one-single family lot located south of Anderson Lakes Parkway and west of
Preserve Boulevard.
Dan Schaefer,the project builder, addressed the proposal.
3
CITY COUNCIL MINUTES
April 9,2002
Page 4
Tyra-Lukens said she understood the property was originally designed for four twin
homes. She asked where those twin homes would have been located on the
property. Schaeffer said they would have had to fill the site in order to build such a
project.
Case asked if the issue of wetlands is why this piece has taken so long to develop.
Schaeffer said he was not sure because the owner had just purchased the property
six months ago.
Peter Anderson, property owner, said one thing that has come up recently is the
request for four feet of fill at the wetland border. He noted it is permissible to fill
up to 400 square feet without replacement. He asked to take advantage of that
provision to gain some drainage away from.the house, in addition to their other
•
requests.
Schaeffer pointed out the area to be filled on the project sketch. Dietz said there is a
de minimus amount of fill allowed without permit. He said the issue has been
discussed with Leslie Stoevring so Staff is aware of the discussion. He said the
amount of fill will be less than 400 square feet, and Staff would support the change.
Franzen said the Community Planning Board voted 6-0 to recommend approval of
the project to the City Council at the March 11,2002 meeting.
There were no comments from the audience.
MOTION: Butcher moved, seconded by Mosman, to close the Public Hearing; to
adopt Resolution No. 2002-69 for PUD Concept Amendment on 3.11 acres; to
approve ls` Reading of the Ordinance for PUD District Review, and Zoning District
Change from RM-6.5 to R1-13.5 on 3.11 acres; to adopt Resolution No. 2002-70
for Preliminary Plat on 3.11 acres into 1 lot; and to direct Staff to prepare a
Developer's Agreement incorporating Staff and Board recommendations and
Council conditions, including granting the request to allow up to 400 square feet of
fill at the wetland border.
Case said we have had long discussions about carsonite markers to delineate
wetlands but not necessarily about Type 3 wetlands. He asked if there were any
way we would be marking this area of wetland. Franzen said there would be a
conservation easement over the wetland easement and wetland buffer. He noted that
is a standard part of our developer's agreement now.
Luse asked if the developer's agreement is put into a title or deed. Rosow said
developer's agreements are not normally filed against the property. Conservation
easements that are attached to the developer's agreement are always filed, as are
special assessment agreements. Rosow said the subject of whether developer's
agreements should be filed with the property is a matter of continuing discussion
between his office and the City.
CITY COUNCIL MINUTES
April 9,2002
Page 5
Luse asked if that might not be a concern with commercial property and if we could
start a precedent with single-family property. Rosow replied this is more of a
concern for single-family developments. Luse thought it would be good business to
do.
Franzen said there would be a reason to include the developer's agreement if we
have a project that has multiple stages where there are very key issues that we want
to make people aware of in the future, such as special conditions about buffers next
to a City park or in situations where there may be different people developing the
property in the future. Franzen noted that small projects are usually built right
away.
Luse said he was hearing that the issue of recording the developer's agreement with
the title is determined by a project-by-project evaluation.
Dietz said over the years we have had a handful of projects for which we should
have recorded the developer's agreement. He said it is cumbersome to do this for
everything, but situations such as special assessment agreements and other things
that carry over from one owner to another should probably be recorded.
VOTE ON THE MOTION: Motion carried 5-0.
IX. PAYMENT OF CLAIMS
MOTION:Butcher moved, seconded by Case,to approve the Payment of Claims. The
motion was approved on a roll call vote,with Butcher, Case,Luse,Mosman, and
Tyra-Lukens voting"aye."
X. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE
SECTION 4.40 SUBDIVISION 2,RELATING TO ON-SALE WINE
LICENSES
Uram said the current code requires that a restaurant have a minimum of 75 seats
in the dining area in order to get a wine and beer license. He said the state statute
requires a minimum of 25. Staff believes that a minimum of 50 seats would be an
appropriate compromise to accommodate smaller "bistro" style restaurants such as
Punch Neapolitan Pizza.
Tyra-Lukens thought it was good to review this ordinance.
Butcher asked what criteria were used to establish the 75-seat minimum in the first
place. Uram said it was set long before he started to work for the City. Butcher
said she also thought it was time to review it.
5
CITY COUNCIL MINUTES
April 9,2002
Page 6
MOTION: Mosman moved, seconded by Case, to adopt First 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. Motion carried
5-0.
XI. PETITIONS,REQUESTS AND COMMUNICATIONS
A. REVIEW OF BOARD OF ADJUSTMENTS AND APPEALS DECISION ON
VARIANCE 2002-02,BERGELAND,7012 WILLOW CREEK ROAD
Jullie said on February 6, 2002 the Board of Adjustments and Appeals acted on
Mr. Bergeland's request for the construction of a new house in lieu of remodeling
the existing deteriorated home. He said the existing home is 37 feet from the lake,
and the new home would be located 55 feet from the lake at the closest point. The
Board granted the request. Per the Council's prerogative, on February 19 the City
Council elected to review the Board's decision.
Jean Johnson, City Zoning Administrator, reviewed the Board of Adjustment and
Appeals' action and showed three alternative placements for the structure. She said
the Board first reviewed the request at the January meeting, at which time
proponent was requesting to keep the new house at 37 feet from the lake. The
Board continued the item to the February meeting and, after discussion at that
meeting, the Board supported a revised plan that showed a 55-foot setback from the
southeast corner. She said Staff believes the plan is a reasonable use of the lot.
Case asked what the square foot totals were for the three footprints. Johnson said
she was not sure but the original house was close to 5000 feet on three levels. Mr.
Bergeland said his current proposal is 48 feet by 68 feet. Uram said that would be
approximately 3200 square feet for the footprint.
Rosow reviewed the background of the plat revisions for the property. He noted
the discussion begun by Councilmember Luse during the Marvin Heights' review
earlier this evening would have been appropriate for this property; however the
developer's agreement was signed but not incorporated into the property. He said
Mr. Bergeland came in with a request to remodel portions of the home. Because
the developer's agreement was not an encumbrance on the property, we looked at
the nonconforming use ordinance and determined this was an enhancement of a
nonconforming use and was not allowed.
Rosow said Mr. Bergeland took this to the District Court, and they disagreed with
the Council's decision. He noted at this time Mr. Bergeland has not done any of
the variances allowed by the District Court. He said Mr. Bergeland then came back
with another variance request to enhance and add on to the structure. The Board of
Appeals agreed to all but the add-on for the structure, and Mr. Bergeland chose to
not appeal the one exception.
6
CITY COUNCIL MINUTES
April 9,2002
Page 7
Rosow said Mr. Bergeland has not acted upon the variances and, if they are not
acted on within a year of the granting of the variances, they expire.
Rosow said Mr. Bergeland came back to the Board asking for the 37-foot setback,
and the Board ultimately granted a 55-foot setback. Mr. Bergeland has said he will
take the variances approved last year if the new structure is not approved. Rosow
noted this is a complicated decision because it impacts the development of the other
lots to some degree. Rosow noted the developer's agreement has been filed against
Lots 1 and 3, but not against Lot 2.
Luse noted several Councils have been involved in making decisions on this
property, and the current Council brought this item back to make the best decision
we can on it. He said this is a very complex issue, and we are taking a tremendous
amount of time in order to make that decision. He noted the Council and the City
have only a few mechanisms to deal with issues, and precedence is one of those
mechanisms. He thought the issue of precedence would be critical in this particular
decision.
Bergeland noted this has been a long process, and he came into the middle of it. He
bought the home in 1999, and is still living in the same home with mold on the
ceiling and leaky roofs. He said he has worked with the City quite a bit to make
this project work and has spent a lot of money for architects. He displayed some
pictures of the structure he proposes to build.
Luse asked if the picture is at 37 feet or 55 feet from the lake. Bergeland said the
house was revised to get to the 55-foot distance requirement. Luse then asked what
would be the variance based on the sketch, since he was concerned about setting
precedence for the future in this decision.
Rosow noted the District Court said Mr. Bergeland could replace the siding,
windows and roof on the existing structure, but did not address the granting of
variances to build a new structure.
Luse said his question was what variances would be needed to build the sketch into
the existing foundation. Bergeland said the home represented in the sketch is larger
than the existing foundation. He said the current sketch is built to have a very
minimal impact on the hill. He said the developer told him it would cost $200,000
more to remodel the existing structure than to rebuild. He wanted to work out what
the City was looking at and what the property restrictions are. He said the property
is, in effect, a corner lot.
Luse asked if the footprint on the sketch is bigger than the existing footprint.
Bergeland said he was not sure how much bigger it is. Luse noted we have to take
care of Mr. Bergeland but also must take care of all the other residents. Luse said
he understood that Mr. Bergeland wants to build a bigger house in either of the
locations. Bergeland said he thought that would be in keeping with the
CITY COUNCIL MINUTES
April 9,2002
Page 8
neighborhood.
Luse said he could support a 75-foot setback because we have some precedence for
that. He thought there was no precedence that he knew of to rebuild a home bigger
than the existing footprint at a 55-foot setback.
Tyra-Lukens said, as we move forward in the City, we will probably see many
large lots wanting to subdivide. We may have more situations where all the
structures would be taken down and someone would bring up a new proposal that
would meet the setbacks required by the City.
Case said he was waiting to hear the hardship piece of this request. He said that is
the part that helps us with the issue of precedence in years to come. He thought the
structure could be built at a 75-foot setback, and he needed to hear why Mr.
Bergeland would not build it at that distance.
Bergeland said it would decimate the hill if it were set back 75 feet. He asked if it
would be right to sacrifice the hill and trees to build the home. He said they are
already scraping off the top of the hill with the septic system that will be used by
two homes, and there will be two driveways cutting through the hill.
Franzen said, when Staff was evaluating whether to change from the 1998 plan,
there were three different sketches. One of the sketches had a 100-foot setback, and
one was at 75 feet. He said they moved back to 75 feet because the 100-foot
setback cut off the hill. He said the western portion of the hill would be shaved off
for the septic system and would probably take out more trees that we would require
to be replaced.
Case asked if all of the height of the hill would remain. Franzen said the height
would still be there.
Butcher said in the past we have granted variances on the basis of benefit to the
neighborhood or to the City.
Luse was very concerned about setting a precedent of less than 75 feet, and asked
if there is a way to enlarge the home without setting precedent. Tyra-Lukens asked
if he was comfortable with the 37-foot setback. Luse said he would be as long as it
did not set additional precedence.
Rosow noted that if the house burned down, it would have to be built 100 feet back
or get a variance. Regarding the issue of precedence, he hadn't found any cases
that would tie the Council's hands because of precedence. He thought we would be
very able to distinguish this situation from any other one that came before the
Council.
Luse said he would like to avoid a 55-foot variance. He thought there were two
CITY COUNCIL MINUTES
April 9,2002
Page 9
options, either rebuild; or get back 75 feet and allow a larger footprint. He thought
the issue will come up again, and he asked if there are any examples of going less
than 75 feet. Franzen said there have been negotiated variances on a lot of projects
involving shore land. He said we did that in exchange for larger lots or
preservation of trees on the property. He said the issue involved in granting a
waiver from the code has been what is beneficial to the property, the neighborhood
or the City. He said we have always had some environmental purpose for granting
the waiver.
Bergeland said some of the remodelings on Bryant Lake have 50-foot setbacks. He
said he is looking to retain as much integrity of the property and lakeshore as
possible.
Luse asked if there was a compromise between 55 and 75 feet. Bergeland said the
Board of Appeals did not want to discuss his suggestion to move closer to the 15-
foot easement side. He said it might work at 60 feet, but it would be closer and he
would have to trim back the house a little.
Mosman thought the Council shouldn't be pressured by the fact that Mr. Bergeland
has spent $40,000 on architects. She said there have been other houses in that area
that have been remodeled.
Luse asked why Bergeland didn't want to build it to the original size at 37 feet.
Bergeland said it is less expensive to tear down the structure and build a new one
than to remodel the existing structure.
Case said he didn't believe Mr. Bergeland had the option to take the house down to
the foundation and rebuild it.
Butcher thought building a new house is a totally new thing. She thought we have
to think about what is the best for the neighborhood if he is building a new house.
Luse noted we can't satisfy everyone, but he understood there were several
neighbors who are saying don't bring it closer to the lake.
Butcher said she would be comfortable with a new house built at 75 feet as a
compromise.
Case did not feel Mr. Bergeland had made the case that he couldn't build it at 75
feet. Staff believed it could be done in 1998. He thought the hill could be saved if
it is important to Bergeland for the purpose of blockage. He thought as a City we
are best served by preserving lakeshore. He would be comfortable granting a 75-
foot variance tonight.
Bergeland said he didn't have an architect's rendering at 75 feet. He noted he still
has the right to build at the 37-foot setback on the current spot.
1
CITY COUNCIL MINUTES
April 9,2002
Page 10
Tyra-Lukens asked Bergeland to clarify what he meant by remodeling. Butcher
noted that remodeling is different from building. Bergeland said he made
compromises with the Board of Appeals, and they ended up at 55 feet.
Luse thought the Board did a great job in reaching a compromise, but the Council
does not have that luxury. He suggested that we stay with the 75-foot setback
because he did not think we have any tools available to vote any other way.
Tyra-Lukens was not convinced that this house could not be built at 75 feet.
Rosow said the Council could move to overrule the Board's decision, modify the
decision to establish a 75-foot setback, or affirm the decision at 55 feet.
MOTION: Case moved, seconded by Butcher, to modify the action of the Board
of Adjustments and Appeals to provide for a 75-foot setback on one side and a 100-
foot setback on the other, based on the fact that no hardship has been shown and
only the size and placement of the house was used to justify the 55-foot setback.
MOTION: Case moved seconded by Butcher, to recess for ten minutes. Motion
carried 5-0.
Mayor Tyra-Lukens reconvened the Council meeting at 8:55 p.m.
Rosow recommended that an amendment to the previous motion be made to include
findings in support of the motion to modify the Board's decision.
AMENDMENT TO THE MOTION: Case moved, seconded by Butcher, to
include the following findings, conclusions and order as part of the motion:
FINDINGS:
1. A request for Variance 2002-02 was made by the applicant Nathan D.
Bergeland for the property located at 7012 Willow Creek Road.
2. Nathan D. Bergeland ("Bergeland") is the owner of Lot 2, Block 1, Bryant
Lake Heights (7012 Willow Creek Road, Eden Prairie) the "Property".
There is situated on the property a house. With Var. 2002-02 Bergeland
desired to remove the existing deteriorated house and replace it with new
house construction. The new house construction would be at a 55 foot
setback from Bryant Lake's shoreline on one side and a 100 foot setback
from the other shoreline. The City's Shoreland Code requires structures to
be 100 feet from the lake's ordinary high water level. The existing house is
37 feet from the lake.
3. Prior to Var.2002-02, Bergeland applied for a variance in the year 2001.
CITY COUNCIL MINUTES
Apn19,2002
Page 11
Var. 2001-07 was to enlarge the existing house. That variance was granted
on July 12, 2001. Mr. Bergeland has not yet proceeded with construction
of the additions or remodeling of the existing house.
4. Prior to Var. 2001-07, Bergeland applied for a variance in 2000. Var.
2000-07 was a request to remodel and repair the existing house. The
variances were denied by the Board of Adjustments and Appeals. Mr.
Bergeland appealed the decision to the City Council. The City Council
affirmed the Board's decision. The City position was that the extent of
repair and remodeling proposed by Mr. Bergeland exceed routine
maintenance and repair contemplated for non-conforming uses. Mr.
Bergeland appealed the City Council decision to Hennepin District Court.
Judge Ginberg ruled in favor of Mr. Bergeland.
5. Variance 2002-02 was heard by the Board of Adjustments and Appeals
("Board") on Jan. 10, 2002. The item was continued to a meeting on Feb.
6, 2002. Mr. Bergeland represented to the Board that the house is in such a
deteriorated and dilapidated condition that it is unhealthy due to significant
mold. Mr. Bergeland requested approval to remove the existing home and
construct a new home at the same location on the lot. Said location would
be 37 feet from the lake. The Board's action granted approval to construct
a new home 55 feet from the lake.
6. The Board proposed construction of a new house 55 feet from the lake on
one side and 100 feet from the lake on the other side and unanimously
granted approval to such variance.
7. The construction of a new house will require the installation of a new septic
system that will minimize the impacts on the lake from the current septic
system in use for the house located on lot 2.
8. No hardship has been demonstrated justifying a 55 foot setback. The 55 foot
setback requested is based upon the size and shape of the proposed home
and the desire to avoid further encroachment on the hill at the back of the
lot.
9. The 75 foot setback approved by the City Council on July 6, 1999 is
appropriate as approved with the plat at that time and is based upon the
approvals of both the Planning Commission and the Parks Commission and
the reasons articulated by the City Council in its findings of fact,
conclusions and order dated July 6, 1999 on Variance Request 99-08
10. The Council adopts by reference the findings, conclusions and order
contained in Variance Request 99-08 adopted July 6, 1999.
11. The Council's motion to approve a 75 foot variance will result in an
CITY COUNCIL MINUTES
April 2002
Page 12
improvement in the situation currently existing where the home is only 37
feet from the lake.
12. The proposed use of the property is residential and is in keeping with the
character of the area. After applying a 75 foot setback, Lot 2 will have as
much or greater shore land as the homes in the surrounding area.
13. The property presents unique circumstances in that there is difficulty in
creating house pads and lot lines because the property is located at the
terminus of a cul-de-sac and the 75 foot setback mitigates those difficulties.
14. The property further presents unique circumstances in that it is
characterized by a stand of trees and a grade change from 896 feet to 856
feet representing a grade change of 44 feet and again the 75 foot setback
mitigates those unique circumstances to allow the construction of a
residential structure on Lot 2 in keeping with the character of the
neighborhood.
CONCLUSIONS:
1. The conclusions in keeping with the findings are that the motion of the
Council to construct a new home at a 75 foot setback to replace the existing
home that is 37 feet from the lake is in keeping with the spirit of the City
Code and the granting of a variance.
2. The property is unique in that the narrowness and the topography of the lot
at the north end creates difficulties in siting a home. In addition to these
factors, the lot has two converging shorelines each with a 100 foot setback
requirement thereby restricting the shape and location of a home. The 75
foot setback mitigates against both of those conditions.
3. A home meeting the 75 foot setback can be built in conformance with the
size and in keeping with the character of the neighborhood.
4. The construction of a new house with a new septic system will have a
positive impact on the environmental effects that the lot's septic system has
on the lake.
ORDER:
Based upon the foregoing Findings and Conclusions, the City Council hereby
modifies the decision of the Board of Adjustments and Appeals on Variance#2002-
02 to grant a 75 foot setback from the lake on one side and a 100 foot setback on
the other side.
VOTE ON THE AMENDMENT: Motion carried 5-0.
CITY COUNCIL MINUTES
April 9,2002
Page 13
VOTE ON THE MOTION AS AMENDED: Motion carried 5-0.
XII. REPORTS OF ADVISORY BOARDS &COMMISSIONS
Tyra-Lukens said she has asked Councilmember Case to fill a vacancy on the FamiLink
Board.
XIII. APPOINTMENTS
XIV. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. City Manager Contract
Jullie said pursuant to the Council's direction on March 19, the Council and
Staff team developed an employment agreement with Mr.Neal who was
• selected to be the new City Manager. He reviewed the terms of Mr.Neal's
agreement,noting that the appointment begins on April 29.
Tyra-Lukens read the following letter from Scott Neal dated April 9,2002:
"I had discussed with Carl Jullie the possibility of
attending this evening's meeting,but I have a meeting
with the City Council here in Northfield tonight that
requires my attendance and participation. In lieu of
attending your meeting tonight, I would like to offer this
written statement into the record.
I have reviewed the terms of the proposed employment
agreement. I have received answers to my questions about
the employment agreement from both Carl Jullie and
Harry Brull.I believe the agreement is fair to both parties.
I accept the proposed employment agreement. I will be
ready to start my new position in Eden Prairie bright and
early on Monday,April 29, 2002. I look forward to this
new challenge.
Sincerely,
Scott H.Neal"
Tyra-Lukens said we are all looking forward to working with Mr.Neal,but
we will miss Mr.Jullie.
Tyra-Lukens said one of the big issues outstanding is performance review.
She suggested that we appoint Councilmembers Case and Luse to design
13
CITY COUNCIL MINUTES
April 9,2002
Page 14
the appropriate review.
Case asked that someone from Staff be assigned to assist them.
Luse thought all those involved in the hiring process did a terrific job and
he thought we found a number of great candidates.He is looking forward to
working with Mr.Neal and suggested that we work on a way to introduce
Mr.Neal to the residents of Eden Prairie.
MOTION: Case moved, seconded by Mosman,to approve the
Employment Agreement for Scott Neal as Eden Prairie City Manager.
Motion carried 5-0.
2. Mosman—Yellow Transportation Buttons
Mosman noted that all the Councilmembers are wearing yellow
Transportation buttons. She said she was part of a group that testified at a
conference committee on transportation. This is a difficult time to raise
taxes to get more money for transportation, and our representatives have
said we need new money to help finance road projects. She said the
committee is still meeting on this issue, and she encouraged people to
express their concerns about the need to find more money for
transportation.
3. Butcher-Request Staff to Address Hillcrest/Alpine Way
Improvements
Butcher asked Staff to respond to inquiries she has received from residents
in the Hillcrest/Alpine Way area regarding what is going on with the
improvements in that area.
Dietz said Mr. Gray just completed a Feasibility Study on this that he has
not yet had time to review. He said we are very close to the point of being
able to mail it as a final draft to the neighborhood. He said we would set
another neighborhood meeting to review it before coming back to the
Council as a public hearing.He said their goal is to hold a public hearing in
the next six months or so.
Butcher said the neighbors were concerned that the roads would just be
patched and repatched. Dietz responded that we want to go out and see if
we can get as much consensus as possible on the project.
B. REPORT OF CITY MANAGER
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
CITY COUNCIL MINUTES
April 9,2002
Page 15
SERVICES DIRECTOR
1. Singletree Lane Land Sale
Uram said we have accomplished all the goals we originally set for this site.
He said North American Properties purchased the last piece of City-owned
property on Singletree Lane on December 20,2001.He said all proceeds
have been deposited into the Major Center Area Construction fund.
Originally Staff estimated that the proceeds from the sale would be
approximately$6.3 million and budgeted accordingly. He said there is a
difference of$400,000 between the total revenues and the budgeted
expenditures. Staff is recommending that the$400,000 be used to create an
Economic Development Fund.
Uram said the goal of the Economic Development Fund would be to assist
local businesses.He said we have been able to assist housing projects but
have been limited in what we can do for other types of business projects. He
said the fund could be used to provide a revolving loan program to help
small local businesses by initiating and establishing a small business
incubator.
Tyra-Lukens thought it sounded like a great idea.
Butcher said she loved that we are trying to stimulate economic growth. She
asked if we would create criteria and goals for this fund so that everyone is
on the same page.
Uram said this is a new step for us.He thought we have the housing piece
figured out fairly well. He said Staff's expects to come back to the Council
with a list of programs that would benefit the community, determine how
the Council would like to proceed, and then move forward with criteria.
Luse noted that development has its ups and downs, and he thought Staff
did a great job of pulling this together and ending up with this amount of
money.
Butcher thought it would be great to roll it out to the Chamber of
Commerce once it is better designed. She thought that would be a nice
partnership.
MOTION: Luse moved, seconded by Case,to authorize the creation of an
Economic Development Fund to assist local businesses with an initial
funding level of$400,000. Motion carried 5-0.
E. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
1. Renewal of Midwest Asphalt's Land Alteration Permit and Addendum
A,Covering Operating Conditions
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CITY COUNCIL AIINUTES
April 9,2002
Page 16
Jullie said this is a two-year renewal of Midwest Asphalt's Land Alteration
Permit.He said Staff had identified another issue of stockpiled materials
that appeared to be off the site. A recent property survey showed that
stockpiled materials have been removed from the adjacent site.
Case asked what would happen if we were to turn this down. Jullie said we
• would have to indicate why it was being turned down.He said the
agreement has appeared to help such issues as the crushing operations that
were annoying to neighbors.He thought we have worked this out, and it has
some positives.
Luse said this kind of use is probably a good interim use. He said the
question is how do we guide ourselves to redevelopment down the road.As
long as the company is a good corporate citizen,he thought it makes sense
to renew the permit.
Case said he was not sure he views them perceptually as a good corporate
citizen.
Mosman said she didn't see anything about dust or smell. Johnson said our
code does address dust and odors, so we could control that aspect of the
operation.
MOTION: Case moved, seconded by Luse,to direct staff to execute a
two-year extension of the Land Alteration Permit and Addendum A for
Midwest Asphalt Corporation. Motion carried 5-0.
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Case moved, seconded by Butcher, to adjourn the meeting. Motion carried 5-
0.Mayor Tyra-Lukens adjourned the meeting at 9:35 p.m.
1
UNAPPROVED MINUTES
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
III. SOUTHWEST METRO TRANSIT UPDATE
Len Simich,Executive Director, and John Kragness,Financial Director, of Southwest
Metro Transit provided an annual update for the Council. Simich said ridership was up
seven percent in 2001. Two commuter coaches and a trolley were added to the fleet.
Construction of a 700-900 staff parking ramp is underway on the site. Negotiations with
North American Properties are progressing, and they expect to begin of construction later
this year on the commercial segment of the site.
Although MVET funding is lower than had been anticipated, Simich said they expect to
be able to maintain the current service level throughout 2002. Ridership has been flat in
recent months (particularly since the September 11 terror attacks),but Simich said he
expects it to pick up again as the economy recovers. He said they would like to complete
the parking deck to the 900-stall capacity now instead of stopping at 700. It would be far
more costly to add the final level later.
Kragness said the Dial-a-Ride service has seen a decline in recent years, although it is
still performing at a relatively good level at more than four rides per hour. SWMT is
proposing replacement of Dial-A-Ride with local regular ridership routes. Kragness said
that although local ridership routes were tried unsuccessfully several years ago in
conjunction with Dial-A-Ride,he believe local ridership routes will work well as a stand
alone program.
SWMT is initially proposing four local routes. One route would serve SuperValu, City
West Parkway and the Golden Triangle. A second route would run along Valley View
Road to the intersection of 4 and 5.The third route would serve Anderson Lakes
Parkway,Eden Prairie Center, and the Chestnut Apartments. The final route would run
in the Preserve. Kragness said he does not have figures on anticipated ridership for these
routes, but said the level of use would depend on the work population in the areas served.
IV. COUNCIL GOALS
Mayor Tyra-Lukens reviewed the goals Councilmembers presented at Council meetings
in January and February, and asked for further discussion of these items.
PR/Communication of MAC Final Agreement
Councilmember Luse recommended the City make a strong PR statement as soon as a
final agreement with MAC has been reached. He said suggested bringing Zero
Expansion in on the announcement so they can receive recognition for their part in
pushing Council action. Councilmember Case said he appreciated Luse's enthusiasm for
marketing the final agreement,but he feels those who have seen the negotiations through
from the beginning might want the opportunity to discuss PR strategies in a setting other
than a Council Workshop. City Attorney Rosow reminded the Council that the City's
special airport counsel, Akin Gump,has a local PR professional on retainer to help with
the PR aspects of the negotiations and announcement of an agreement. Rosow said that
he,Akin Gump and the PR consultant have been discussing an announcement strategy.
Town Meetings
Council agreed to pursue the idea of holding town meetings,possibly one every two
months with a Councilmember and Service Area Director teamed up to tackle a particular
topic. Councilmember Luse will work with Parks Director Bob Lambert,
Councilmembers Sherry Butcher and Mosman will work with Public Safety Director Jim
Clark, and Councilmember Case will work with Public Works Director Gene Dietz.
V. OTHER TOPICS
Council Chamber
VI. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.)
A. Thomas Briant
Briant introduced himself as an attorney and Eden Prairie Resident, as well as a
member of the Minnesota Accommodation Association,Minnesota Restaurant
Association, and the Cigarette Manufacturers Association. He asked the Council
not to proceed with any action to regulate to second hand smoke. In his opinion
the Minnesota Clean Air Act adequately addresses second-hand smoke. He said
he believes the Minnesota Partnership Action Against Tobacco (MPAAT),which
was formed as part of the settlement the state's lawsuit against cigarette
manufacturers,has not used its funds as mandated. He said MPAAT has funded
organizations that are pursuing smoking bans as a tactic to force individuals to
stop smoking. He said Mike Hatch has asked MPAAT to cease funding for local
a
ordinances, and that a hearing is scheduled on May 17 in Ramsey County on this
issue. He said some Eden Prairie restaurants already have voluntary smoking
bans. He said only three Minnesota cities and one county have adopted second-
hand smoke ordinances,while 22 cities have chosen not to pass ordinances.
Briant told the Council that pursuing a second-hand smoke ordinance would be
divisive, and asked if they really want to be the first suburb to tackle such a
controversial issue.
B. Jeff Strate, Sharon Stephens,Doug McEvers,Lorie Nelson
Jeff Strate,Eden Prairie resident, addressed the Council regarding Sever
Peterson's request to move a City-owned house slated for demolition onto his
property. Peterson's property is within the boundaries of the proposed Minnesota
Wildlife Refuge. Strate asked the Council not to grant the variances required to
move the house onto the Peterson property. He said such a move would be
contrary to the overall plans for the City's park system and would place an
unnecessary burden on local taxpayers. Lone Nelson, executive director of
Friends of the Minnesota Valley, agreed with Strate that the house should not be
moved onto the Peterson property. Nelson said proposed location of the house
would interfere with a planned"bum"by the Fish and Wildlife Service and would
raise the value of the land, thereby costing taxpayers more when the purchase is
finally made. Doug McKevers, an Eden Prairie resident, said he owns 200 acres
of native grassland in Lake County. He said he knows from personal experience
that if a house is moved onto the property,the Fish and Wildlife Service will have
a hard time conducting the necessary"bum." Sharon Stevens,Eden Prairie
resident and legal counsel to the Sierra Club, said that in her opinion moving the
house onto the land would automatically increase the value of the land, and thus
the raise the price the taxpayers would have to pay to acquire it.
VII. OPEN PODIUM(Unscheduled participants, 6:50-7:00 p.m.)
Derek Rettel,manager of the Redstone Grill Restaurant that is under construction in Eden
Prairie, said they have taken painstaking care to make sure all guests,both smoking and
non-smoking, are accommodated. He strongly urged the Council to delay any action on a
possible second-hand smoke ordinance.
VIII. ADJOURNMENT
3
ZEE g1 ,
UNAPPROVED MINUTES
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
Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All members were present.
IL PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
Mayor Tyra-Lukens said the Council Forum has been modified as follows. Council
Forum will be held the first and third Tuesday of the month from 6:30—7:00 p.m. in the
Council Chamber. Please note that this portion of the meeting is off-camera. The Council
Forum will consist of two parts: scheduled and unscheduled appearances. 6:30 to 6:50
p.m. is reserved for scheduled participants. If you wish to schedule time to visit with the
City Council and Service Area Directors,please notify the City Manager's office (at 952-
949-8412)by noon of the meeting date with your request. The last 10 minutes of the
Forum, from 6:50 to 7:00 p.m. is set aside for impromptu,unscheduled appearances by
individuals or organizations that wish to speak the Council.
IV. CHAMPION OF HEALTH PRESENTATION BLUE CROSS/BLUE SHIELD
Muriel Scott and Janelle Waldoch,representing the Champion of Health program, said
former Mayor Jean Harris was nominated and selected as this year's winner of the Blue
Cross/Blue Shield Champion of Health award. Ms Waldoch said Dr.Harris was selected
for the award because of her life-long efforts to control tobacco use at the local, state and
national levels. They presented a video of Dr.Harris promoting a smoke-free
environment and reviewing the health issues caused by the effects of second-hand smoke.
Cindy Schultz,representing the American Cancer Society,presented the award to Dr.
Harris' husband,Leslie Ellis, and her daughter, Cindy Ellis.
V. ARBOR DAY PROCLAMATION
Mayor Tyra-Lukens read a proclamation proclaiming May 4,2002, as Arbor Day in the
City of Eden Prairie.
CITY COUNCIL MINUTES
April 16,2002
Page 2
Tyra-Lukens reminded residents that April 20 is the Parks Commission clean up day
when community groups help with cleaning up the parks.
Mayor Tyra-Lukens then read a proclamation proclaiming Wednesday,May 1,2002, as
Carl Jullie Day in recognition of Mr. Jullie's service as City Manager for the last eight
months.
VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Councilmember Luse said he would have a comment prior to the review of Item IX.A.
Jullie added Item IX.D. Resolution Relating to Residential Group Home Facilities
Owned and operated by Fraser,a MN Nonprofit Corporation, and the Issuance of
Revenue Bonds.
MOTION: Butcher moved, seconded by Case,to approve the Agenda as published and
amended. Motion carried 5-0.
VII. MINUTES
VIII. CONSENT CALENDAR
Regarding Item G, Jullie said the description of the precinct boundaries are illustrated by
the attached map. The resolution relates to the written description as illustrated by the
attached map. The written description would prevail in case of a discrepancy.
Regarding Item J, Jullie said there is a revised amendment to the assessment agreement
that has two changes. The first change is that the year of collection of the assessment has
been moved back one year, so we will start to collect the levy in 2004 rather than 2003.
The second change is an added provision for an escrow deposit at the City to avoid any
problems before the actual levies begin.
Rosow noted there is a revised resolution attached to the revised assessment agreement.
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 No. 8-2002-PUD-5-2002 for PUD District Review and Zoning
District Change from Rural and I-2 Park to Office, Resolution No. 2002-71
for Site Plan Review,Developer Agreement)
CITY COUNCIL MINUTES
April 16,2002
Page 3
C. MITCHELL CROSSING by Mitchell5, 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 No. 9-2002-PUD-6-2002 for PUD District
Review and Zoning District Amendment in the Community Commercial
Zoning District)
D. ADOPT RESOLUTION NO. 2002-72 APPROVING FINAL PLAT OF
MITCHELL CROSSING
E. ADOPT RESOLUTION NO.2002-73 APPROVING PLANS AND
SPECIFICATIONS FOR CHARLSON AREA IMPROVEMENTS—PHASE
II,I.C. 02-5564
F. APPROVE SECOND READING OF ORDINANCE NO. 10-2002
AMENDING CITY CODE SECTION 4.40 SUBDIVISION 2,RELATING
TO ON-SALE WINE LICENSES
G. ADOPT RESOLUTION NO.2002-74 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 NO. 2002-75 AMENDING
RESOLUTION NO.2000-125
K. AWARD CONTRACT FOR DEVELOPMENT OF CRESTWOOD PARK
MOTION: Case moved, seconded by Butcher,to approve Items A-K of the
Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
Councilmember Luse read the following statement:
"I am pleased to report that the sale of a parcel of land that was in process when I
was appointed to the Council has now been finalized. I had abstained from voting
on issues about how this parcel of land would be used,but now that I have no
further financial interest in the land I will no longer encumber the Council with
abstentions.We're back at full strength.
3
CITY COUNCIL MINUTES
April 16,2002
Page 4
I had originally hoped to develop an office building on this piece of land,near
Best Buy in the area of Highways 169 and 62.But the office market became
overbuilt, so my company,EPCC, sold the parcel to Dominium Acquisition,
which is planning a residential development.My company completed the original
purchase agreement with Dominium in October, and we closed on the sale earlier
this month consistent with the original agreement.
When I was being considered for appointment to this Council, I stated that I
would not engage in development activities in the city during my tenure. I will
continue to honor that commitment.My votes on this parcel of land and any other
developments will be based on my view of what is best for the citizens of our
community."
Tyra-Lukens noted that Item A is a joint hearing with the Housing and Redevelopment
Authority(HRA) and the City Council.
Tyra-Lukens called to order the meeting of the HRA at 7:35 p.m. She then opened the
joint Council/HRA Public Hearing for Item A
A. TAX INCREMENT FINANCING DISTRICT NO. 18 AND TAX
INCREMENT FINANCING PLAN FOR HEIGHTS AT VALLEY VIEW
PROJECT
Jullie said official notice of this public hearing was published in the April 4, 2002,
Eden Prairie News. He noted Items A,B and C are related to the same project. He
said proponent and the developer would begin with an explanation of the project
details.Next we will review the financing packages for Items A and C, and then
we will open the hearing to the public.
• Paul Sween,Dominium Development &Acquisition, LLC, addressed the
proposal. He said the project was approved by the Community Planning Board at
the March 25 meeting on an 8-0 vote.
Brian Groben reviewed the site plan,noting there were a number of scenic
easements on the property. He said some additional easements were added after
working with the neighbors.
Franzen had no comments to add to Mr. Sween's review of the Community
Planning Board's action.
Uram said housing revenue bonds are proposed under Item IX. C. on the Council
agenda. The developer has asked for Multifamily Housing Revenue Bonds not to
exceed$26,500,000.
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
CITY couNcIl,MlNUTES
April 16,2002
Page 5
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 No. 2002-77 for Guide Plan
Change,Resolution No. 2002-78 for PUD Concept Amendment,Resolution
No. 2002-79 for Preliminary Plat)
Tyra-Lukens opened the Public Hearing.
Nancy Arieta, 10785 Valley View Road,#207, said she had sent a three-page
letter to the Council expressing her concerns about the project. She was concerned
that affordable housing units are not put in single-family areas. She thought
developers don't put enough money into a project and then quickly move on, and
that isn't putting stakes into the community.
Arleta said the trees that replace the current trees are not the same quality. She
thought the builder would just destroy the land and move on. She wanted them to
leave the character of the area,but the project appears to be too big. She also
thought there will be the same amount of traffic in the second plan as there was in
the first plan. She said this would have a negative impact on the senior buildings
because of decreased safety for the seniors and possible vandalism.
Tyra-Lukens asked about the number of one and two-bedroom units. Sween said
of the total of 186 units, 67 will be one-bedroom units and 97 will be two
bedrooms.
Tyra-Lukens asked if the affordable units would be identical to the rental units.
Sween said 53 of the affordable units will be one bedroom and 10 will be two
bedrooms.
Jeff Strate, 5021 Summerhill Drive, said he liked the development very much.He
was particularly happy that the Parks Commission recommended not encroaching
on the conservation easement. He said the Enblom family has an easement on
their property and there is a corridor along Nine-Mile Creek. He thought the
developer has done a good job listening to the Parks Commission.
Strate did have concerns about the development being totally dependent on the
use of cars when we are trying to encourage multi-modes of transportation. He
thought part of the transportation problem in the Golden Triangle area includes no
pedestrian and bicycle trails.He thought the project should provide for future trail
connectivity to the rest of the area.
Strate asked if there is some way to have the developer work with Staff to build
sidewalks through the development and possibly provide for a future bridge over
Valley View Road. Since the City's conservation easement on the land permits a
trail way,he thought there should be an opportunity to build a bike/pedestrian
way through the area.
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CITY COUNCIL MINUTES
April 16,2002
Page 6
Mosman agreed with the idea of making an accessible walkway system and asked
how we could go about that. Luse thought we could look at using the park
dedication fee with the project. Lambert said there is a cash park fee requirement,
and we could use that money for developing recreation opportunities or trails to
get to recreation opportunities to serve this development.
Case agreed we need to provide these opportunities.He noted the grades are
horrible, and there are trees where we would need trails.He thought we should
refer this back to Staff to work on getting trails in the property.
Butcher thought we need to put the transportation issue on as another Staff item.
Charlotte Enblom, 10610 Valley View Road, said her family came to a meeting
where they learned that a large apartment building was being built close to their
property. She said they have worked with the development people and City Staff.
There are three existing homes in the Golden Triangle area,one of which is hers.
She thought the footprint for the apartment building should be considerably
smaller.
David Enblom, 10610 Valley View Road,was concerned about Mr. Luse's prior
involvement with the property. He said the conservation easement to the right of
the building was created to alleviate the destruction when the Wilson Learning
Center and other buildings were built. He thought a dozen oak trees could be
saved if the northern extension of the building were reduced.
Tyra-Lukens asked about the issue of the conservation easement. David Enblom
said his point was that we should have an additional easement created since the
current one was made many years ago.
Luse said he was very sensitive to Mr. Enblom's feelings and he has carefully and
thoughtfully struggled with how to best represent the interests of the City of Eden
Prairie. He said he was absolutely confident in participating in any role here
tonight.
Dan Enblom, formerly of 10610 Valley View Road, said this property is on one of
the tallest points in Eden Prairie and has magnificent trees.He thought we should
shrink the footprint to save some of the trees, and he didn't think the tree
replacement plan was quite right.
Luse acknowledged the Enblom family for their leadership in putting their five-
acre homestead into a land trust so that it cannot be touched in the future.
C. PROPOSED ISSUANCE OF MULTIFAMILY 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)
CITY COUNCIL MINUTES
April 16,2002
Page 7
1. Resolution No.2002-80 Adopting a Financing Program for the
Issuance of Bonds for the Acquisition and Construction of a
Multifamily Housing Development
2. Resolution No.2002-81 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
MOTION: Case moved, seconded by Butcher, to close the Council Public
Hearing on Tax Increment Financing District No. 18 and Tax Increment
Financing Plan for Heights at Valley View project, to adopt Resolution No. 2002-
76 creating Tax Increment Financing District No. 18 and approving the Tax
Increment Financing Plan for the Height at Valley View Project. Motion carried
5-0.
MOTION: Butcher moved, seconded by Mosman, to close the Council Public
Hearing on the Heights at Valley View, to adopt Resolution 2002-77 for
Comprehensive Guide Plan Change from Office/Industrial to High Density
Residential on 10.26 acres,to adopt Resolution No. 2002-78 for PUD Concept
Amendment on 10.26 acres,to adopt Resolution No. 2002-79 for Preliminary Plat,
to 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 to direct Staff to prepare a
Developer's Agreement incorporating Board and Staff recommendations and
Council conditions, including the Council direction to Staff to address the issues of
trail ways and transportation in the area. Motion carried 5-0.
MOTION: Mosman moved, seconded by Butcher to close the Council Public
Hearing on the proposed issuance of multifamily housing revenue bonds for the
Heights at Valley View Project;to adopt Resolution No. 2002-80 for a financing
program for the issuance of bonds for the acquisition and construction of a
multifamily housing development;to adopt Resolution No. 2002-81 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. Motion carried 5-0.
D. RESOLUTION NO.2002-82 RELATING TO RESIDENTIAL GROUP
HOME FACILITIES OWNED AND OPERATED BY ERASER,A MN
NONPROFIT CORPORATION,AND THE ISSUANCE OF REVENUE
BONDS
Uram said the Council adopted a resolution on March 19 concerning this issue.
He said this would allow$475,000 for use in homes in Eden Prairie.
Tyra-Lukens asked why the City of Blaine is involved.Uram said Fraser Homes
was looking for a community that could issue bonds that would qualify for bank
qualification, so Blaine was selected.
CITY COUNCIL MINUTES
April 16,2002
Page 8
MOTION: Case moved, seconded by Luse,to adopt Resolution No. 2002-82
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 Statues, Chapter 464c, as amended, and
Minnesota Statues, 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.Motion carried
5-0.
X. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher, to approve the Payment of Claims. The
motion was approved on a roll call vote,with Butcher, Case,Luse,Mosman, and
Tyra-Lukens voting"aye."
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS,REQUESTS AND COMMUNICATIONS
A. PRESENTATION BY"CLEAN AIR ON THE PRAIRIE"REGARDING
SECOND-HAND SMOKE FROM TOBACCO USE
Jullie said we received a request for a spot on the April 16 Council Agenda for a
presentation by an Eden Prairie group called"Clean Air on the Prairie."
Leslie Ellis, 10860 Forestview Circle, said some of the background for this
presentation was given in the Champion of Health presentation(Item IV). He said
he has long had concerns about the harmful effects of secondhand smoke on the
health of our citizens.He and his daughter are committed to continuing Jean
Harris' fight to protect citizens from the effects of secondhand smoke. He said
they have found a partnership in this effort with the American Cancer Society.
They have circulated a petition about this issue and have obtained the signatures
of 1400 Eden Prairie residents.
Cindy Ellis, 635 Prairie Center Drive, asked that a task force be formed to
investigate the issue of a smoke-free work environment and smoke-free public
places.
Cindy Schulz, 9211 Homeward Hills Road, said she volunteered for the American
Cancer Society. She would support a City policy that would protect those who
live and work here. She believes secondhand smoke is a deadly disease.
Becky Hedlo said she works at the Eden Prairie School District. She said the
School Board has passed a resolution approving making the City into a smoke-
free community. She was concerned about the issue of modeling behavior for
CITY COUNCIL M1NUTFS
April 16,2002
Page 9
young people and about the effect of secondhand smoke on children with asthma.
Jim Gunther, 9082 Victoria Drive, said there is an epidemic of second hand
smoke.He thought this was an opportunity for the Council and Eden Prairie to set
a precedent in this area.
Stacy Pearson, 13222 Bush Lane, said she worked at a local restaurant that
allowed smoking and she had many colds and coughs. She said her health has
improved since she quite working at the restaurant.
Kathy Meyer, 9427 Clubhouse Road, said she has owned the TLC café and
catering business in Eden Prairie for 12 years. She believes a smoke free
workplace policy is necessary to keep her employees' and patrons' health. She
said her business is now going smoke free and her clientele have been very
pleased with the decision. She said this as an opportunity for the City to set an
example for the rest of the metropolitan area.
Pete Dunnell, 12200 Middleset Road, said he is a pediatrician who wanted to take
a leadership position to make Eden Prairie a safer place to live and work.
MOTION: Mosman moved,seconded by Butcher, to direct Staff to put together a
charter statement and structure for a Task Force to study the issue of a smoke-free
ordinance and report back to the Council at a workshop session.
Butcher said out of deference to Jean Harris and her hard work and the concern of
many of our residents, she believed it would be prudent to have a task force to
work on this issue and gather the information for further discussion at a
workshop.
Case said there is a financial component that makes this issue somewhat
complicated. The bottom line is that people are getting ill or dying because of
second hand smoke. He believed we, as a society,must respond, and it is a
question not of"if,"but"how" and"when."
Luse thanked Mr. Ellis for his outstanding service as Eden Prairie's "First Man"
and for the entire family's commitment to the community. He thought this is a
political issue, and he was very concerned about Eden Prairie getting involved in
this issue at this time.
Luse said he supports a ban on smoking in public places in Eden Prairie, and he
believes that the great majority of our residents also support such a ban. To him,
there is no middle ground.However,he thought it is best that we not start
exploring this ban until the Attorney General clarifies the rules of engagement on
this contentious issue,which he understood is to happen in May. Therefore,he
said he would vote against forming the task force at this time because it is just a
little too early.
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April 16,2002
Page 10
Luse said while he would like to see us demonstrate leadership on this public
health issue,he doesn't want our city to become an island or a battleground.After
a difficult year in city government,he didn't think we need the divisiveness that
could come as we become targets of political campaign forces on both sides of
this issue.
Luse said the Attorney General would be issuing guidelines on how anti-smoking
organizations that receive state money can interact with city and state officials.
These guidelines will help set the rules of engagement so we can have fair and
constructive debate.
Luse also believes this is an issue that is best addressed at the statewide level.But
because the political will doesn't exist to take this on statewide in Minnesota,he
was concerned that the political maneuvering over this issue city by city will be
very divisive and distract us from other issues of equal importance. He thought we
should start considering this important issue with the Attorney General's
guidelines in place after May 17th
Mosman said she could understand Councilmember Luse's concerns but she has
been doing some research on this issue. She said she understands that the MPAT
issue is a separate issue from us looking at a smoking ordinance, and we are not
going to be using any MPAT money to put together a task force. We are
representing our citizens, so she did not feel that we would need to wait. She
noted there were 200-some local ordinances passed in California before the state
passed the ordinance.
Tyra-Lukens didn't see this as an MPAT related issue,but rather as a public
health issue. She was very supportive of this but thought there are issues that need
to be looked at, such as how best to draft an ordinance that would address some of
the concerns or the business community.
Luse said he believes we have to look out for the majority and his concern is the
political ramifications.He was approached by MPAT and lobbied to support the
issue.He said he was asking for just 30 days before we allow the political
maneuvering to begin.
Butcher said she wanted to clarify that this is a task force to collect and gather
information that will come to the Council where we can discuss this issue.
Luse said he understood the concept but, in the process,perception is reality. He
was concerned that,if we start the process,the sound bite will be that Eden Prairie
has passed the smoke-free ordinance.
Rosow asked if the intention was that staff draft a charter statement and structure
for the Council to approve the task force and then make appointments to the task
force. He suggested indicating a time frame for when the charter should be
brought back.
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Jullie suggested the May 21 City Council meeting. That gives three or four weeks
to gather information,start drafting a charter statement that would address the
purpose and goals and the staff support needed, and put together some timelines
and the number of meetings.He thought we could follow the guidelines for other
task forces. We have a workshop date open on the evening of May 21 that could
be used for discussion of a charter statement.
VOTE ON THE MOTION: Motion carried 4-0-1,with Councilmember Luse
opposed.
B. PETERSON/BRIGGS REQUEST REGARDING MOVING THE
FELTMANN HOUSE
Jullie said at the March 19 meeting the Council gave Staff direction to follow up
on a number of items.He referred to the U.S. Fish&Wildlife Service's response
to questions posed by the City in a letter to the USF&WS. The Council also took
action to suspend work on the proposed parking lot and access to the Richard T.
Anderson Conservation Area. He also referred to a copy of the notice to the
Briggs family suspending the termination of their lease.
Rick Schultz,Manager of the Minnesota Valley National Wildlife Refuge,
reviewed his letter of April 8 responding to the questions posed in Mr. Lambert's
letter of March 21,2002. He said he tried to explain why they believe a relocation
of the home would complicate their management of the area as well as their future
plans. He hoped the home could be relocated to another location.
Schultz said the only remaining units left to be purchased in the Refuge are within
the Upgrala Unit. He said they only acquire land from willing sellers, and they
pay the market value,based on an appropriate process to determine that value. He
noted they offered Mr.Peterson a fair market value purchase of the land in
November 1979 and again in April 1988;however,in both cases the Petersons
refused to sell. He said it is his agency's highest priority to obtain appropriations
from the U.S. Congress to purchase land in this area.
Tyra-Lukens thanked Mr. Schultz for his presentation. She noted that we all
recognize the value of the Refuge. She asked how long the Upgrala area has been
the highest priority for purchase.
Schultz said the Upgrala area is about 2000 acres so they have not had
appropriations to purchase all of it at once.
Case asked how many acres in total there are left to buy. Schultz responded there
are about 2000 acres. Case then asked if Mr. Schultz would estimate as to the fair
market value of that area. Schultz said 284 acres in Chaska sold for$1,000,000 a
year ago.He said$5 million would not buy the entire area.
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CITY COUNCIL MINUTES
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Case asked if Mr. Schultz considered an offer forthcoming for a purchase on the
Peterson property. Schultz said there is not yet an offer, and it all depends on what
the other landowners do.
Mosman asked if it is desirable to buy the whole thing as one, or do you buy it in
sections. Schultz responded that there are two major landowners. Depending on
how the landowners respond,they could buy either of them.He said they are
hoping to obtain an appropriation for$5 million in 2003.
Sever Peterson said there are two issues here.He said his family needs a home on
their farm, and there is a home on the Feltmann farm.Regarding the issue raised
by Mr. Schultz of burning the hills,he said private citizens burned every year
when there were more houses in the area.He said he supports the Refuge and
looks forward to discussing a comprehensive plan.
Butcher said she realized the house has great meaning for Mr.Peterson. When he
came before the Council at the earlier meeting,there were a couple of different
places where the house could be placed, and she asked him to review the
alternatives.Peterson said he was open to other alternatives,but they are also
within the boundaries of the Refuge
Schultz asked about an alternative site north of Hwy 212. Luse thought there were
traffic issues with that site.Peterson said the north side of the highway would not
have access.
Butcher said her understanding was that the house was the real key.
Case said there are two issues—the house,but also whether it can go into the
disputed area in the Refuge. He asked if the Petersons could place a new house at
this site on a 10-acre plot. Lambert responded that, as he understood the
ordinances,they could;however, it is zoned rural, so they would have to combine
some land.
Case said he was frustrated that we seem to be merging the two issues together.
He thought it would be inappropriate to block the moving of a house if they could
build a new house.
Luse said he didn't think the City should look at any temporary housing because
we have seen that become difficult to deal with. He thought the issue is you can
build a house so why not preserve this particular home.He thought it didn't serve
the greater good to have some pending sale that is going to ultimately be
completed. He thought it is unfair to the family and to all of the residents of this
City that could get caught in this sort of quagmire.
Mosman said she received a phone call expressing concern about the increased
value of the land if a house goes on the property and asking if this is a ploy to
increase the value when it is purchased. She thought you can understand the
lam.
CITY COUNCIL MINUTES
April 16,2002
Page 13
concern that if you put the house on the property and then in two or three years
the money comes in to buy the property,the estimated value would be up because
of the home. She asked if there is anything we can do to protect the public from
that.
Peterson thought anyone concerned about property values was out of line.He
thought his property values should follow the market just like anyone else's. He
said this has been a hardship for his family.He said if it were that important a
point and the house would be perceived as an amenity that was adding value,he
would try to mitigate that.
Case said he was slightly confused as to why we are even discussing this. He
thought we would be in agreement over the concept of saving a home rather than
putting it in a landfill. He was confused because we could stop them from moving
this house,yet they could build a new one on the property
Butcher said she thought we have new information now. There is a concern that
we want to do something for the public good,but it may take some time to
acquire all the land for the Refuge. She asked if we could put some clause in to
state that Mr.Peterson would sell only to the Wildlife Refuge in the future.
Rosow said,based on the last discussion,we drafted the proposal to purchase the
house,then if it is relocated to a piece of property and subsequently purchased by
another governmental agency,the value cannot be more than the price paid in the
first place.
Peterson said his desire would be that this house be put back on the tax rolls. He
was more concerned about the wording because there will be costs to put the
house where they want to put it. He would be concerned that he would have a
certain number of dollars invested in the house,but he would be denied being
compensated for those dollars.He would be open to dealing with dollars spent to
purchase the house,moving costs and other expenses.
Luse thought this has come forward because Eden Prairie has done what it should
have done.He thought the most pressing issue here is that there were promises
made by other governmental agencies about some potential transaction that might
happen. He thought it is for the better good of Eden Prairie that we don't have that
type of hammer over the Peterson family, and that we don't allow it to happen to
others.He didn't think we should get into trying to determine what the values and
costs are.
Tyra-Lukens was not sure any of the suggested motions are correct because she
thought it comes down to just approving the sale of the house.
Case said he agreed with her. Regarding the issue of paying twice for the house,
he thought the argument was flawed because if the Petersons can build a new
house on this site and we destroy the Feltmann house,then the City paid for the
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CITY COUNCIL MINUTES
April 16,2002
Page 14
Feltmann house and the governmental entity will some day pay for the new house.
If the house were moved, it would be cheaper than building a new house and then
it gets bought again,but it seems a cheap argument to say we are paying for it
twice.We would like to put this house on the market on a sealed bid process, and,
if the Peterson family acquires the house,they would have the right to put the
house on that site. They would have to come back for the appropriate permit to
move the house.
Case said he would also like to have staff work with the Peterson family to find
another location for the house because of the possibility that Fish&Wildlife
could acquire the land in the near future.
Butcher said Option 2 was to delay the development of the Richard T. Anderson
area, and she would like to not delay but rather get this done as soon as possible in
order to get the park developed.
Lambert said one of the issues raised dealt with burning. He said there are 700
homes to the north of this property and smoke does rise. He said Mr. Schultz
made the point that, as the area to the north develops,we will have to wait until
we have winds from the north. In that case the smoke will go to the south towards
any house that might be on the Peterson property.
MOTION: Luse moved, seconded by Case,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 process and without requiring any site
variances.
Case asked Rosow about the question of including resale language. Rosow said he
thought it was accurate to assume they can put a new house on the property, and
that is a matter that is not immediately before the Council. He was concerned as
he thought about the motion that the Council is not the one to initially grant the
approval to move the house. He said it would be helpful to have direction on the
value of the house not being a factor in the bids. If the Petersons were the
successful bidders on the house,they would go through the application process
just as anyone would.
Case asked if we need to direct staff to prepare the house for a sealed bid process.
Rosow said staff has started to prepare the plans, and they could bring the specs
back for approval or could just take it out to bid.
Luse withdrew the motion with the consent of Case.
Tyra-Lukens noted the Council believes in the value of the Wildlife Refuge,but
she also believes that Mr.Peterson has a legal right to build on the property.
C. PRESENTATION BY HENNEPIN COUNTY REGARDING LRT
FEASIBILITY STUDY
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Katie Walker,representing Hennepin County Transit Department,and Richard
Knowle,representing URS,reviewed the proposed study of potential rail-transit
alternatives along the old Chicago-Northwestern rail right of way now owned by
Hennepin County.
Knowle said this would be a public involvement process with citizen
participation. They plan to publish four newsletters during the process and send
them to the residents along the corridor. There will be community meetings,two
of which will be held in Eden Prairie.They will hold Council workshops at cities
along the corridor. They have a website,a hotline and an email address. There
will be a Technical Advisory Committee with representatives from all of the cities
and governmental agencies involved. They expect to return next December or
January to present the results of the study to the Council.
Tyra-Lukens asked if the HCRRA is a planning organization. Walker said it is a
separate subdivision that is charged with doing rail transit planning and working
with other agencies. It also acquires property for future transportation use.
Tyra-Lukens asked if part of the study is going to be to suggest who will operate
such a corridor. Walker said the study probably would not get into such details.
Tyra-Lukens questioned whether 2000 newsletters would be enough. She said our
experience has been that you can't mail to people directly along the corridor and
she would strongly recommend that they broaden the area they go to.
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
Lambert said City Staff and School District Staff have been working
together for six months to revise the Joint Powers Agreement between the
City and the School District that relates to the Oak Point pool. The reason
they were revising the agreement was to resolve problems the City has
faced each year trying to guess how much the operational costs would be.
They decided it makes the most sense to charge at the same rate that we
charge them to use the Community Center pool.He said the City School
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CITY COUNCIL MINUTES
April 16,2002
Page 16
Facility Advisory Committee approved the proposal and is requesting that
the Council approve it this evening.
MOTION:Mosman moved, seconded by Butcher,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. Motion carried 5-0.
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
1. Contract For Charlson Area Improvements
Dietz clarified that this is Phase 1 of the improvements,not Phase 2. He
said the contract is for the construction of a lift station to serve the Grace
Church property. He said Staff and SRF Consulting Group are
recommending award of the contract to F.F. Jedlicki, Inc. in the amount of
$385,564.35.
Dietz said Phase 2 of the improvements would be awarded next month and
Phase 3 in June.
MOTION: Butcher moved, seconded by Case, to adopt Resolution No.
2002-83 awarding contract for I.C. 02-5563, Charlson Area Improvements
—Phase Ito F.F. Jedlicki, Inc. in the amount of$385,564.35. Motion
carried 5-0.
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
XVI. OTHER BUSINESS
Luse expressed his thanks to Mr. Julie for coming back to serve as City Manager. Case
said in this position we occasionally get to do something that feels right, and it felt right
to bring Mr. Julie back to serve.
Jullie thanked the Councilmembers for all their support during his eight-month tenure.
/ 6
CITY COUNCIL MINUTES
April 16,2002
Page 17
XVII. ADJOURNMENT
MOTION: Luse moved, seconded by Case, to adjourn the meeting. Motion carried 5-
0.Mayor Tyra-Lukens adjourned the meeting at 10:15 p.m.
CITY COUNCIL AGENDA
DATE:May 7,2002
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION:
Police/C.O.P.Unit Clerk's License Application List _I EM NO.:
Gretchen Laven .A,
These licenses have been approved by the department heads responsible for the licensed activity.
Raffle
Organization: Ducks Unlimited Chapter 151
Place: Bearpath Golf&Country Club
Date: May 6, 2002
Ratification of approval of application with
no waiting period.
Organization: Homeward Bound
Place: Bearpath Golf&Country Club
Date: August 26,2002
Year 2002 Renewals
Commercial Lawn Fertilizer Applicators
Bob's Lawn&Landscaping Inc
Chapman Custom Lawncare
EnviroLawn Inc.
Fairway Green Lawn Care Inc.
Fertilawn Inc.
Green Masters Inc.
Guaranteed Spray Inc. (Guaranteed TurfCare)
J&R Larson Grounds Maint
Nature's Way Lawn Service
Parkway Lawn Service Inc.
Quality Green
Rainbow Tree Company
Talberg Lawn&Landscape Inc
The Davey Tree Expert Company
The Lawn Ranger
The Rose Companies,Inc.
Top Choice Lawn Care(Ticen's Pro-Care Inc.)
Trugreen Chemlawn
Vernco Maintenance,Inc.
Weed Man(Turf Operations, Inc.)
- 1 -
CITY COUNCIL AGENDA
DATE: 5/7/02
SECTION: Consent Agenda
SERVICE AREA/DIVISION:
Community Development ITEM DESCRIPTION: ITEM NO.:
Donald R.Uram Marvin Heights
Danette M.Moore MT--
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers; and Zoning District Change from RM-6.5 to R1-13.5 on 3.11 acres; and
• Approve the Developer's Agreement for Marvin Heights.
Synopsis
The project is for one-single family lot located south of Anderson Lakes Parkway and west of
Preserve Boulevard.
Attachments
1. Ordinance for PUD District Review with waivers and Zoning District Change
2. Developer Agreement
MARVIN HEIGHTS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 11-2002-PUD-7-2002
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 be removed from the
RM-6.5 Zoning District on 3.11 acres and be placed in the RI-13.5 Zoning District, 11-2002-
PUD-7-2002(hereinafter"PUD-7-2002-R1-13.5").
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural District and shall be included hereafter in the R1-13.5 District, 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 4. The City Council hereby makes the following findings:
A. PUD-7-2002-R1-13.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-7-2002-R1-13.5 is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-7-2002-R1-13.5 are justified by the design of the
development described therein.
D. PUD-7-2002-R1-13.5 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
E. PUD-7-2002-R1-13.5 grants the following PUD waivers:
1. Front yard setback of 25 feet. Code requires a minimum front yard setback of 30
feet.
2. Wetland buffer setback of 4 feet. Code requires a minimum wetland buffer
setback of 10 feet.
3. Wetland structure setback of 0 feet. Code requires a minimum structure setback
of 15 feet.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be
included hereafter in the Planned Unit Development PUD-7-2002-R1-13.5 and the legal
descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,
subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
9th day of April 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 7th day of May 2002.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on
3
EDIT A
Marvin Heights
Legal Description:
Outlot B,Lake Heights Addition,Hennepin County,Minnesota.
LI
MARVIN HEIGHTS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 11-2002-PUD-7-2002
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:
Summary: This ordinance allows rezoning of land located West of Preserve
Boulevard and South of Anderson Lakes Parkway from the RM-6.5 Zoning District to the R1-
13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of
this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A.Porta, City Clerk 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.)
5
DEVELOPMENT AGREEMENT
MARVIN HEIGHTS
THIS AGREEMENT is entered into as of , 2002, by Peter Anderson and Virginia Marvin,
husband and wife, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal
corporation,hereinafter referred to as "City":
WITNESSETH:
WHEREAS,Developer has applied to City for Planned Unit Development Concept Amendment on 3.11
acres,Planned Unit Development District Review with waivers on 3.11 acres,Zoning District Change from RM-6.5
to Rl-13.5 Zoning District on 3.11 acres,and Preliminary Plat of 3.11 acres into 1 lot,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 RM-6.5 to R1-13.5 on 3.11 acres, 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 revised
and stamp dated ,reviewed and approved by the City Council on April 9,
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. 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.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release,defend and indemnify City,its elected and appointed officials,employees and agents
from and against any and all claims, demands, lawsuits,complaints, loss, costs(including
attorneys' fees), damages and injunctions relating to any acts, failures to act, errors,
omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and
agents. Developer shall not be released from its responsibilities to release, defend and
indemnify because of any inspection,review or approval by City.
5. GRADING,DRAINAGE,AND EROSION CONTROL PLANS:
A. EROSION CONTROL PLAN: Prior to issuance of the building permit,
Developer shall submit to the City Engineer and obtain City Engineer's 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.
6. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit
issuance for the residential structure on Property, a Certificate of Survey shall be submitted
for review and written approval by the Building Department. The Certificate of Survey shall
include a certification by the builder that construction of the residence is consistent with this
Agreement and all exhibits attached hereto, and shall further contain the following
information:
A. Topography with 2 foot contour intervals for existing and proposed grades.
Topography must be field verified.
B. Location of structures with finished floor elevations.
C. Retaining walls,type,height, and type of details.
D. Location of sewer,water, gas and electric lines.
E. Erosion control plan.
F. Detailed grading plans.
G. No construction or grading within any conservancy easement area.
H. No steepening of the natural slopes and walk out levels that meet natural grade. No
more than a foot wide construction area on the lower ground elevation.
I. Engineered design for footing,foundation,and retaining walls.
7. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the R1-13.5 District through the Planned Unit Development District
Review for the Property and incorporates said waivers as part of PUD
A. Front yard setback of 25 feet. Code requires 30 feet.
B. Wetland buffer setback of 4 feet. Code requires 10 feet.
C. Wetland structure setback of 0 feet. Code requires 15 feet.
8. STREET AND UTILITY PLANS: Prior to issuance by the City of any building permit for
the property, Developer shall submit to the City Engineer and obtain the City Engineer's
written approval of plans for public 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.
9. TREE LOSS-TREE REPLACEMENT: There are 30 diameter inches of significant trees
on the Property. Tree loss related to development on the Property is calculated at 30
diameter inches. Tree replacement required is 39.9 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 39.9 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 frees. The approved plan shall also
provide that, should actual tree loss exceed that calculated herein,Developer shall provide
tree replacement on a caliper inch per caliper inch basis for such excess loss.
Developer shall complete implementation of the approved tree replacement plan prior to
building permit issuance.
10. WETLAND PLAN:
A. Conservation Easement: Prior to release of the final plat for any portion of the
Property, Developer shall submit a Conservation Easement (Exhibit E) for review
and written approval by the Environmental Coordinator, for the area delineated on
the Plans.
Prior to release of the first building permit for the Property,Developer shall submit
evidence to the Environmental Coordinator that the approved Conservation Easement
has been filed in the Hennepin County Recorder's/Registrar of Titles' Office.
u
B. Wetland Buffer Strip Monuments: Prior to release of the final plat for anyportion
of the Property, Developer shall install all wetland buffer strip monuments for the
property. Wetland buffer strip monument locations shall be shown on the final
grading plan and final plat. Removal of the wetland buffer strip monuments is
prohibited.
CITY COUNCIL AGENDA
DATE: 05/7/02
SECTION: Consent Agenda
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development G,
Donald R.Uram Heights at Valley View
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 RM-2.5 on 10.6 acres; and
• Adopt the Resolution for Site Plan Review; and
• Approve the Developer's Agreement for Heights at Valley View.
Synopsis
This is a 186-unit apartment project.
Attachments
1. Ordinance for PUD District Review with waivers and Zoning District Change
2. Resolution for Site Plan Review
3. Developer Agreement
HEIGHTS AT VALLEY VIEW
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 12-2002-PUD-8-2002
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 be removed from the
Rural Zoning District and be placed in the Planned Unit Development RM-2.5 Zoning District
12-2002-PUD-8-2002 (hereinafter"PUD-8-2002-RM-6.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of May 7, 2002, entered into between Eden Prairie Leased
Housing Associates I, LLP, and the City of Eden Prairie, (hereinafter "Development
Agreement"). The Development Agreement contains the terms and conditions of PUD-8-2002-
RM-2.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-8-2002-RM-2.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-8-2002-RM-2.5 is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-8-2002-RM-2.5 are justified by the design of the
development described therein.
D. PUD-8-2002-RM-2.5 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
a
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District, and placed in the RM-2.5 Zoning District and shall be
included hereafter in the Planned Unit Development PUD-8-2002-RM-2.5 and the legal
descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,
subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and 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
16th day of April, 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 the7th day of May, 2002.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on
3
EXHIBIT A
ORDINANCE-HEIGHTS AT VALLEY V IEW
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 14 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 After Final Plat
HEIGHT'S AT VALLEY VIEW
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF
ORDINANCE NO. 12-2002-PUD-8-2002
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:
Summary: This ordinance allows rezoning of land located at Valley View Road and
Flying Cloud Drive from the Rural Zoning District to the RM-2.5 Zoning District. Exhibit A,
included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk 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.)
HEIGHTS AT VALLEY VIEW
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
RESOLUTION NO. 2002-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR HEIGHTS AT VALLEY VIEW BY EDEN PRAIRIE LEASED HOUSING
ASSOCIATES I,LLP
WHEREAS, Eden Prairie Leased Housing Associates I, LLP, has applied for Site Plan
approval of 186 apartment units on 10.16 acres for construction of 186 apartment units to be
zoned in the RM-2.5 Zoning District on 10.16 acres by an Ordinance approved by the City
Council on May 21, 2002; and
WHEREAS, the Community Planning Board reviewed said application at a public
hearing at its March 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
April 16, 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 Eden Prairie Leased
Housing Associates I, LLP, for the construction of 186 apartment units, based on plans dated
March 11, 2002, between Eden Prairie Leased Housing Associates I, LLP, and the City of Eden
Prairie.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of May,2002.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A.Porta, City Clerk
DEVELOPMENT AGREEMENT
HEIGHTS AT VALLEY VIEW
THIS AGREEMENT is entered into as of May 7, 2002, by Eden Prairie Leased Housing Associates I,
Limited Partnership, a Minnesota limited partnership, hereinafter referred to as "Developer," and the CITY OF
EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City":
WITNESSETH:
WHEREAS,Developer has applied to City for Guide Plan Change from Office/Industrial to High Density
Residential on 10.26 acres, Planned Unit Development Concept Amendment 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, and Preliminary Plat of 10.26 acres into one lot, legally described on
Exhibit A(the"Property");
NOW, THEREFORE, in consideration of the City adopting Resolution No. for Guide Plan
Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No.
for Planned Unit Development District Review and Zoning District Change from Rural to RM-2.5,
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 revised and stamp dated
Apri116,2002,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. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES
ON THE PROPERTY: Prior to issuance of the first building permit for the Property,
Developer shall submit a Conservation Easement for review and written approval by the
Director of Parks and Recreation Services,for the area delineated on the Plans.
Prior to the release of the first building permit for the Property, Developer shall submit
evidence to the Director of Parks and Recreation Services, that the approved Conservation
Easement has been filed in the Hennepin County Recorder's/Registrar of Titles'Office.
Prior to issuance of the first building permit for the Property,Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 %z by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top
of the post
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 Property
while such a violation is continuing,unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager
of the City or a designee.
5. 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.
C.a
7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS:
A. FINAL GRADING AND DRAINAGE PLAN:Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property. The
final grading and drainage plan shall include all wetland, wetland buffer strips,
wetland buffer monument locations,water quality ponds,storm water detention areas
and other items required by the application for and release of a land alteration permit.
All design calculations for storm water quality and quantity together with a drainage
area map shall be submitted with the final grading and drainage plan. Prior to release
of the grading bond, Developer shall certify to the City that the water quality pond
conforms to the final grading plan.
The final grading plan shall include the grading needed to achieve the appropriate site
vision distances for the driveway entrance. Supporting evidence of adequate sight
vision distance shall be included with the grading permit application.
Developer shall employ the design professional who prepared the final grading plan.
The design professional shall monitor construction for conformance to the approved
final grading plan and City erosion control policy. The design professional shall
provide a final report to the City certifying completion of the grading in conformance
the approved final grading plan and City erosion control policy.
B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit,
Developer shall submit to the City Engineer and obtain City Engineer's written
approval of an erosion control plan for the Property. The erosion control plan shall
include all boundary erosion control features,temporary stockpile locations and turf
restoration procedures: All site grading operations shall conform to the City's
Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof.
Prior to release of the grading bond,Developer shall complete implementation of the
approved plan.
Developer shall remove any sediment that accumulates in the existing and/or
proposed sedimentation pond during construction. Upon request by the City,
Developer shall provide preconstruction and post construction surveys for evaluation
by City.
8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails and
sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with
9
the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the
Property.
9. LANDSCAPE PLAN:Prior to building permit issuance,the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property. The approved landscape plan shall be consistent with the quantity,type, and size
of plant materials shown on the landscape plan in Exhibit B. Developer shall furnish to the
City Planner and receive the City Planner's approval of a landscape bond equal to 150%of
the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved landscape plan in accordance with the terms and conditions
of Exhibit C.
10. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code
requirements within the RM-2.5 Zoning District through the Planned Unit Development
District Review for the Property,based on plans in Exhibit B, and incorporates said waivers
as part of PUD
• Density from 17.4 to 18.1 units per acre
11. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for the retaining walls
identified on the grading plan in the Plans.
Developer shall complete implementation of the approved retaining wall plan in accordance
with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any
occupancy permit for the Property.
12. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building
permit on the Property, Developer shall submit to the Director of Parks and Recreation
Services and obtain the Director's written approval of detailed plans for sidewalks and trails
to be constructed on the Property. Developer shall convey access easements for such
sidewalks and trails in such locations as determined by the Director of Parks and Recreation
Services. Sidewalks and trails shall be constructed in the following locations:
A. An eight-foot wide bituminous trail to be located along the east side of Flying Cloud
Drive as depicted in the Plans in Exhibit B.
Developer shall complete implementation of the approved plans in accordance with the terms
of Exhibit C prior to issuance of any occupancy permit for the Property.
13. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
/0
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer,and obtain the City Engineer's written approval of plans for streets,public sanitary
sewer,water and storm sewer. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent
of construction value shall be paid to City by Developer. The design engineer shall provide
daily inspection,certify completion in conformance to approved plans and specifications and
provide record drawings.
14. TREE LOSS-TREE REPLACEMENT: There are 6,797 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 2,203
diameter inches. The required tree replacement required is 938 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 938 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.
15. SPECIAL ASSESSMENT SPECIAL ASSESSMENT AGREEMENT: Prior to the
release of the fmal plat for the Property,Developer agrees to sign an assessment agreement,
in the form and substance as attached in Exhibit F,with the City for trunk sewer and water
assessments on an assessable area of 2.53 acres in the amount of$13,156.00.
16. TRAIL EASEMENT ALONG VALLEY VIEW ROAD:Prior to the release of any final
plat for the Property, Developer shall submit a Sidewalk and Trail Easement, attached as
Exhibit G,for review and written approval by the Director of Parks and Recreation Services,
for the area delineated on the Plans.
Prior to the release of the first building permit for the Property, Developer shall submit
evidence to the Director of Parks and Recreation Services,that the approved Trail Easement
has been filed in the Hennepin County Recorder's/Registrar of Titles'Office.
II
it E
CITY COUNCIL AGENDA DATE:
May 7,2002
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Public Works Final Plat Approval of Oakparke Estates 4th
Engineering Services Addition = 0
Randy Slick/
Eugene A.Dietz
Requested Action
Move to: Adopt the resolution approving the final plat of Oakparke Estates 4th Addition.
Synopsis
This proposal, located south of Pioneer Trail and east of Stable Path consists of 8.34 acres to be
divided into twelve townhome lots and two outlots. This is a replat of Outlots E and J, Oakparke
Estates and Outlot H, Oakparke Estates 2na
Background Information
The preliminary plat was approved by the City Council June 6, 2000. Second Reading of the
Rezoning Ordinance and final approval of the Developer's Agreement was completed on July
18,2000.
The resolution includes a variance to City Code 12.20 Subd.2.A waiving the requirement for
final plat approval within six months of preliminary plat approval.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering.fee in the amount of$570.00
• Receipt of street lighting fee in the amount of$2,708.10
• Receipt of street sign fee in the amount of$621.30
• The requirements as set forth in the Developer's Agreement
• Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor
• Prior to release of final plat,Developer agrees to dedicate Outlot B to the City.
Attachments
Resolution
Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,1V1 NNESOTA
RESOLUTION NO,
A RESOLUTION APPROVING FINAL PLAT OF
OAKPARKE ESTATES 4TH ADDITION
WHEREAS,the plat of Oakparke Estates 4th Addition has been submitted in a manner required
for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota
Statutes and all proceedings have been duly had thereunder,and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
•A. Plat approval request for Oakparke Estates 4ch Addition is approved upon compliance
with the recommendation of the City Engineer's report on this plat dated May 7,
2002.
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month
maximum time lapse between the approval date of the preliminary plat and filing of
the final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this resolution to
the owners and subdivision of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on May 7,2002.
•
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A.Porta,City Clerk
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CITY COUNCIL AGENDA DATE:May 7,2002
SECTION: Consent Calendar
•
SERVICE AREA/DIVISION: ITEM DESCRIPTION: Award Contract for ITEM NO:
Parks and Recreation Replacement of Staring Lake Park Tennis Courts
Through:Robert A.Lambert
Director
From: Stuart A.Fox,Manager
Parks and Natural Resources
Requested Action
Move to: Award the contract for replacement of one tennis court and one basketball court at
Staring Lake Park to Midwest Asphalt at a bid amount of$59,600.
Synopsis
Staff was authorized in 2002 budget to replace the two tennis courts and basketball court at
Staring Lake Park. This project was estimated to cost $80,000 and was submitted and approved
as part of the 2002 park budget. Staff prepared plans and specifications and advertised for the
replacement of these park facilities. Bids were opened on April 25, 2002 at 10:00 a.m. Five bids
were received for the work. Attached is a bid summary for that bid opening. The low bidder for
the project was Midwest Asphalt at a bid of$59,600.
•
Background
For the past ten years staff has noticed that severe structural cracks were developing in the
surfaces of the tennis courts and basketball court at Starting Lake Park. This is due to the
infiltration of water into the sub base material which would expand and contract during the
winter months leading to major structural cracks. These tennis courts are approximately 22 years
and have been resurfaced approximately three times. Staff evaluated the condition of the courts
utilizing experts in the field of tennis court and basketball court installation and determined that
the only way to rectify the current problem was to replace the existing courts.
Staff prepared bid and specifications to have the area renovated utilizing the existing courts and
sub base and build a new tennis court, basketball court and place a new sand volleyball court
inline with these two other court amenities. By doing this, we will have all three facilities that
will not be impacted by the existing skate oval to the north of the present facilities.
1
City Council Agenda May 7,2002
Approve Bids for Replacement of Staring Lake Park Tennis Courts
Page 2
The staff estimate for the work was$80,000. The remaining$21,000 will be used for restoration
of site amenities,including drinking fountain, sidewalk and trail connections, skating rink lights,
installation of the sand volleyball court sidewalls and sodding of the entire area. Staff did
anticipate that the bids would not take the entire $80,000 projected cost, and; therefore, did build
in money for this restoration work.
The project is anticipated to start the later part of May and be completed by July 5,2002.
Attachments: Bid Summary
Bid Summary—Staring Lake Park Tennis Courts
April 25, 2002, 10:00 am
Bidder Bid Amount Bid Bond
Frattalone Excavating $64,594 Yes •
Bituminous Roadways $77,650 Yes
Midwest Asphalt $59,600 • Yes
DMJ Corporation Bid not enclosed Yes
Barber Construction $65,934 Yes
Estimated Cost for removal of existing facilities and reconstruction- $80,000.
3
CITY COUNCIL AGENDA DATE:
SECTION: Consent May 7,2002
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.
Community Development
&Financial Services: Heights at Valley View Project Management MIL F'
Don Uram Agreement '
David Lindahl
Requested Action
Move to:
• Adopt Resolution approving Project Management Agreement for Heights at Valley View Apartment
development.
Synopsis
The Project Management Agreement outlines all obligations relating to rent restrictions and the use
of Tax Increment Financing and Community Development Block Grant(CDBG)funding.
Background
Heights at Valley View is a 186-unit rental apartment project approved by the Council April 16,2002. The
project includes 63 affordable"workforce"housing units and will be fmanced in part by the City with Tax
Increment Financing and Community Development Block Grant(CDBG)funding.
Attachments
Resolution
Project Management Agreement
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PROJECT MANAGEMENT AGREEMENT BY
AND BETWEEN THE CITY OF EDEN PRAIRIE AND EDEN PRAIRIE LEASED
HOUSING ASSOCIATES I,LIMITED PARTNERSHIP,RELATING TO THE
HIEGHTS AT VALLEY VIEW PROJECT.
BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota (the
"City") as follows:
WHEREAS, Eden Prairie Leased Housing Associates I, Limited Partnership (the
"Developer") is the owner of certain real property located in the City described as on the
attached Exhibit A hereto, on which the Developer proposes to construct a 186 unit apartment
building; and
WHEREAS, the City has agreed to provide tax increment financing to reimburse the
Developer for certain qualified costs pursuant to Minnesota Statutes Section 469.174 to 469.179
as amended(the"Tax Increment Act"); and
WHEREAS, on April 16, 2002, the City approved the Tax Increment Financing Plan and
the establishment of Tax Increment Financing District No. 17 for the Project, commonly referred
to as the Heights at Valley View project; and
WHEREAS, the City and the Developer desire to enter into a written agreement with
regard to the development and operation of the Project and have presented to this Council a
proposed Project Management Agreement by and between the City and Developer hereinafter
referred to as the Project Management Agreement;
NOW. THEREFORE, the City Council hereby approves the Project Management
Agreement and authorizes its execution.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of May,2002.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen A.Porta, City Clerk
EDIT A
LEGAL DESCRIPTION OF THE PROJECT PROPERTY
Outlot E,Wilson Ridge, according to the recorded plat thereof,Hennepin County,Minnesota.
Abstract and Torrens Property—Torrens Certificate No. 1067232
Together with that part of the North 511.10 feet of the Northeast 1/4 of the Southwest 1/4 of
Section 12, Township 116, Range 22, Lying westerly of County Road No. 39 and which lies
easterly of the following described line; Commencing at the Northwest 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 said North 511.10 feet and said line there terminating; and which
lies northerly of the following described line; Commencing at the pint of termination of the last
described line; thence North 7 degree 59, minutes 22 seconds East, a distance 175 feet to the
point of beginning; thence South 80 degrees 03 minutes 46 seconds East a distance of 288.97
feet to the center line of County Road No. 39 and said line there terminating.
PROJECT MANAGEMENT AGREEMENT
BY AN])BETWEEN
THE CITY OF EDEN PRAIRIE(City)
AND
EDEN PRAIRIE LEASED HOUSING ASSOCIATES I,LIMITED PARTNERSHIP,
(Developer)
THIS PROJECT MANAGEMENT AGREEMENT is made as of April 16, 2002 between
THE CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State
of Minnesota(the "City"), and Eden Prairie Leased Housing Associates I, Limited Partnership, a
Minnesota partnership (the"Developer").
The Agreement consists of:
The body of the agreement, consisting of all text prior to the first execution blocks;
Exhibit A,the legal description of the project property;
Exhibit B,the CDBG Amortization;
Exhibit C,the CDBG Note;
Exhibit D,the CDBG Mortgage;
Exhibit E, the prospective initial rents;
Exhibit F,the TIF Note.
Exhibit G, TIF Projections
RECITALS:
WHEREAS,the Developer is the owner of that certain real property located in the City
and legally described as set forth on Exhibit A, on which the Developer is to construct a 186 unit
apartment building(the"Project"); and
WHEREAS,to assist the Developer in the financing of the Project,the City has agreed to
provide a loan to the Developer in the principal amount of$375,000 pursuant to the terms and
conditions of subsection 3.2; and
WHEREAS,the City also has agreed to provide Tax-Increment Financing to reimburse
the Developer for certain qualified costs pursuant to Minnesota Statutes, Sections 469.174 to
469.179, as amended (the"Tax Increment Act"); and
WHEREAS,the City and the Developer desire to provide a written agreement with
regard to the development and operation of the Project.
NOW, THEREFORE,in consideration of the foregoing and of the mutual covenants,
conditions, and promises set forth in this Agreement,the parties agree as follows:
Defined Terms. When used in this Agreement,the following terms shall have the meanings set
forth in this subsection 1.
1.1 Actual Subsidy: the amount by which the market rate rent for comparable units
for such period exceeds the rent amount actually received by the Developer for Very Low
Income Units such period.
1.2 Annual TIF Payment: an annual payment by the City to the Developer equal to
eighty-percent(80%) of the annual Tax Increment and estimated to be$208,129.00 according to
TIF projections attached as Exhibit G.
1.3 CDBG Loan: a loan from the City to the Developer in the original principal
amount of Three Hundred Seventy-Five Thousand and no/100 Dollars ($375,000.00) from
Community Development Block Grant Funds.
1.4 CDBG Mortgage: a mortgage on the Project,in the form attached as Exhibit D,
securing the CDBG Note and subordinate to obligations incurred as a result of Tax Increment
Financing specified in the subsection 3 and 4 of this Agreement.
1.5 CDBG Note: a promissory note evidencing the CDBG Loan,to be executed and
delivered by the Developer to the City in the form attached as Exhibit C, and secured by the
CDBG Mortgage.
5
1.6 Code: Internal Revenue Code of 1986, as amended.
1.7 Median Income:the area median gross income for the Minneapolis-St.Paul
Standard Metropolitan Statistical Area, as adjusted for family size and other factors, and as
determined annually by HUD.
1.8 Tax Increment: the tax increments derived from the TIF District which have
been received and retained by the City in accordance with the provisions of Minnesota Statutes,
Section 469.177 or otherwise pursuant to the Tax Increment Act.
1.9 Term: a period of seventeen(17) years beginning on the date of the first
installment on the TIF Note.
1.10 TIF District: Housing Tax Increment Financing District No. 18, created by the
City in conformance with the Tax Increment Act,Minnesota Statutes, Section 469.177 ,which
TIF District includes the Project.
1.11 Total Annual TIF Payments: The sum of the Annual TIF Payments paid by the
City to the Developer. The Total Annual TIF Payments expected to be paid by the City to the
Developer over the Term are estimated to be a maximum of$3,410,702.00,based on TIF
projections attached as Exhibit G.
1.12 Very Low Income Units:housing units which will qualify for the low-income
housing tax credit pursuant to Section 42 of the Code and will be rented to individuals or
families whose incomes do not exceed fifty percent(50%) of the Median Income.
1.13 Compliance Report: a report that verifies Developer compliance with all terms
of the Agreement.
2. Project Management. The City and the Developer agree that the Developer's
management of the Project following completion of construction shall be subject to the terms and
conditions set forth in this Agreement,including the remedies for noncompliance set forth herein
or otherwise available by law. The Developer agrees that the Project will be completed and
operational on or before August 1,2004. If the Project is not completed and operational on or
before August 1,2004, other than for reasons outside of the Developer's control, or as agreed to
by the City,the City may provide a notice of intent to terminate this Agreement. In the event the
Developer has not substantially completed the Project within sixty(60) days following the
delivery of the City's notice of intent to terminate this Agreement,Developer shall be in default
of this Agreement and subject to all remedies available to the City.
3. City Obligations.
3.1 Subject to all of the terms and conditions of this Agreement, the City agrees to
provide, or to make available to,the Developer with regard to the Project the benefits described
in this Section 3.
3.2 The City shall make the CDBG Loan. The CDBG Loan shall bear simple interest •
at the rate of 5%per annum. The CDBG Loan shall be evidenced by the CDBG Note and
secured by the CDBG Mortgage.
3.3 The City has established the qualified Housing District as defined in Minnesota
Statutes, Section 469.174, Subdivision 11 in conformance with Minnesota Statutes,
Sections 469.001 to 469.047, formerly Chapter 462.
3.4 The City has created the TIF District.
3.5 If all other terms and conditions of this Agreement have been complied with and
performed,the City shall pay to the Developer or its lender the Annual TIF Payment over a total
period not to exceed seventeen(17) years. The City's payment of annual tax increment funds
(the"Tax Increment Funds") shall be made semi-annually in two (2) equal installments per year,
each installment to be paid within ten(10)business days of receipt by the City of property tax
revenues from Hennepin County.The City's obligation to make such payments is expressly
contingent upon sufficient Tax Increment being generated annually to make such payments.In
no event will the City be required to make the Annual 1W Payment from any funds whatsoever
other than those generated by the TIF District. The Annual TIF Payment shall come from the
Tax Increment generated by the TIF District. The Annual TIF Payment shall be the City's
contribution to the Project.
4. Developer's Obligations.
4.1 Tenants. Developer shall provide Very Low-Income Units as set forth in this
• subsection and subsection 4.2 for a minimum of seventeen(17) years. Thirty four percent(34%)
of the dwelling units in the Project(63 Units) shall be Very Low Income Units and will be rented
to individuals or families whose incomes do not exceed fifty percent(50%) of the Median
Income for the Minneapolis-St.Paul Metropolitan Area. The Developer must reexamine the
income of each Very Low Income tenant on an annual basis. If the income of a Very Low
Income tenant did not exceed the applicable income limit upon commencement of such tenant's
occupancy of a unit,the income of such tenant shall be treated as continuing not to exceed the
applicable income limit until such tenant's income for a year shall exceed one hundred and forty
percent(140%) of the Median Income for the year. In the event that a tenant's income exceeds
such income limit,the Developer will notify the tenant that the tenant must vacate the Very Low
Income Unit by the later of the date such tenant's lease expires or six months after the notice.
Provided the tenant has not otherwise been in default under its current Lease,the tenant may
occupy another market-rate unit in the Project.
4.2 Rents. Prospective initial rents are shown on Exhibit E. Maximum rent for Very
Low Income Units shall be based on the bedroom size. The gross rent charged by the Developer
for each Very Low Income Unit shall not exceed thirty percent(30%) of the imputed income
ft
limitation applicable to such unit, as determined under Code Section 42, less any utility
allowance for utilities paid by tenants,required by Code Section 42,annually.
4.3 Notice of Rent Increase. The Developer will provide low-income tenants with
written notice at least thirty(30) calendar days before implementing any rent increase.
4.4 Compliance Report. The Developer must submit annually for the City's review
the Developer's initial and subsequent Compliance Report for all Very Low Income Units in the
Project certified as true and correct by a certified public account. The Compliance Report shall
include, but not be limited to the following information: name of tenant; unit number occupied
by tenant; tenant's income; year of certification;percent increase in tenant's annual income; rent
charged for the unit, and the Actual Subsidy received for the Very Low Income Units. The
Developer will submit annually the compliance report for City approval. The City will review
the Compliance Report and will approve any proposed Compliance Report, provided that it is
complete and in absolute compliance with all applicable Sections of this Project Management
Agreement. Any Compliance Report submitted by the Developer will,be considered approved
unless disapproved by the City within thirty (30) days after submission. The City shall provide
detailed written reasons if any Compliance Report is disapproved. The Developer shall have
sixty(60) days following receipt of any notice of disapproval to cure any objections the City has
made in its notice of disapproval and to submit a revised Compliance Report to the City for
review and approval as provided for in this Section. The Developer's failure to obtain the City's
approval of revised Compliance Reports during such sixty (60) day cure period, unless such
approval is unreasonably withheld by the City, shall constitute a default by the Developer under
this Agreement.
4.5 Refusal to Lease. The Developer may not refuse to lease any unit in the Project to
a prospective tenant on the basis of the prospective tenant's receipt of,or eligibility for,housing
assistance, social security, or other types of public or private assistance.
4.6 Enforcement of Leases,Very Low Income Units. The Developer shall emphasize
voluntary compliance by all Very Low Income Unit tenants with their leases but shall have the
right to secure full compliance by tenants with the terms and conditions of their respective leases
and may terminate any tenancy when,in the Developer's sole judgment, sufficient cause occurs
under the terms and conditions of the tenant's lease.
4.7 Maintenance and Repairs. The Developer shall cause the buildings,
appurtenances, equipment, and grounds of the Project to be maintained and repaired according to
local codes.
4.8 Utilities and Services. The Developer shall make arrangements for water,
electricity, gas, sewage and trash disposal,vermin extermination, decorating, laundry facilities,
telephone services, and other utilities and services, as required by law,including the City Code.
4.9 Insurance. The Developer shall obtain and cause to be placed in force all
Insurance Required Coverage as set forth in Exhibit D.
4.10 Governmental Orders. Unless under judicial or administrative appeal,protested
in good faith by the Developer in accordance with applicable law or regulation, the Developer
shall take such actions as may be necessary to comply promptly with any and all orders or
requirements affecting the Project which are placed upon the Project by any federal, state,
county, or municipal authority having jurisdiction over the Project.
4.11 Records and Reports. The Developer shall establish and maintain a
comprehensive system of records,books, and accounts in a manner reasonably satisfactory to the
7
lb
City. The City may inspect the same during regular business hours upon reasonable notice
thereof.
4.12 Rent Reduction. The Developer will provide reduced rents for Very Low Income
Units as described in subsection 4.2 until all sums received by Developer as
Annual TIE'Payment have been used as Actual Subsidy.
4.13 Additional Debt. The Developer will not incur debt, except for non-Project
related debt and other than in the Developer's ordinary course of business,
without the City's written approval,which approval shall not be unreasonably
withheld.
4.14 CDBG Note. The CDBG Note interest and principal shall be paid in equal
semiannual payments in the amounts stated as"Total"in the loan repayment
schedule attached as Exhibit B, commencing on the third anniversary of the date
the loan is granted in the year 2005, and continuing through and including the
earlier of(a)the anniversary of the date the loan is granted in the year 2019, or
(b) a sale or exchange of the Project by the Developer, at which time all CDBG
Note principal plus accrued but unpaid interest remaining shall be paid in full.
Each semiannual payment will be applied first to the payment of accrued interest
on the CDBG Loan and second,to the extent of any remaining amount,to the
payment of principal on the CDBG Loan.
4.15 Pursuant to this Agreement,the Developer shall execute and deliver to the City
the CDBG Note, and the CDBG Mortgage
5. Termination of Agreement. This Agreement shall remain in full force and effect unless
and until terminated as provided below.
l �
5.1 Termination by Mutual Consent. To the extent allowed by law,this Agreement
may be terminated by mutual written consent of the City and the Developer.
5.2 Termination by Right. The Developer shall have the unilateral right to terminate
this Agreement at any time following the end of the Term;provided,however, as a condition
precedent to such termination prior to the 17th-year anniversary of the Agreement,the Developer
shall tender to the City the Total Annual TIF Payments that had been previously paid to the
Developer by the City and which Developer has not yet provided as Actual Subsidy, and the
Developer shall also tender to the City the then-unpaid balance of the CDBG Loan,together with
accrued but unpaid interest.
5.3 Termination by City for Cause.
Termination by City for Cause.
a. If the Developer shall fail to comply with the terms of this
Agreement,the City may either;
i. Commence an action in Hennepin County District Court for
specific performance to compel the Developer to comply
with any term of this Agreement or
ii. Provide notice of such default or failure and, if the
Developer fails to cure within sixty(60) calendar days or in
the event the default cannot be cured within the 60-day
period then failure to diligently proceed to cure or such
greater time as allowed by City, may terminate this
Agreement for cause upon thirty (30) calendar days'
written notice to the Developer. Termination of this
Agreement for cause shall subject the Developer to the
remedies set forth in this Agreement or otherwise.
b. Notwithstanding any provision to the contrary, and in addition to any other
remedy, unless the termination is under judicial or administrative appeal,
protested in good faith by the Developer in accordance with applicable
law or regulation,the Developer,in the event that this Agreement is
terminated by the City for cause, and upon the receipt of a written demand
by the City therefor, shall tender immediately to the City an amount equal
to (i)the then unpaid balance of the CDBG Note,together with accrued
but unpaid interest and(ii)the sum of the Annual TIF Payments already
provided to the Developer and not yet provided as Actual Subsidy to Very
Low Income Units. In the event the Developer fails to tender repayment
of the CDBG Note in full,plus all accrued but unpaid interest, as required
by this provision,the City or its assigns, in addition to all other remedies,
may proceed immediately to foreclose its subordinated mortgage on the
Project in accordance with the terms of the CDBG Note and the CDBG
Mortgage.
5.4 Termination by Developer for Cause. In the event that during the term of this
Agreement, the City fails to provide an Annual TIF Payment as provided for in Section 3.5
within ten(10)business days of receipt by the City of Tax Increment from Hennepin County,
and the City has received from Hennepin County sufficient Tax Increment to make an Annual
TIE Payment, then City shall be in intentional default of this Agreement. The Developer shall
provide written notice of such default, and,if the City fails to cure within thirty(30) calendar
days or such greater time as allowed by the Developer,the Developer may either:
a. Commence an action in Hennepin County District Court for specific
performance to compel the City to provide to the Developer the Annual
TIF Payment, or
b. Terminate this Agreement for cause upon thirty(30) days' written notice to
the City. If this Agreement is terminated by the Developer for cause due to
City's intentional default,the Developer shall not be obligated to repay the
City any portion of the Total Annual TIF Payments provided through the
date of termination,the Mortgage(as defined below) shall be released, and
the City shall take all necessary actions to memorialize the release of the
Mortgage(as defined below), including the execution of a recordable
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release; provided,however,that all Annual Tilt Payments in the
Developer's possession at the time of the termination of the Agreement
shall be applied by the Developer as Actual Subsidy to Very Low Income
Units within the Project,thus alleviating the hardship which would be
caused to tenants if the Project were immediately converted to market-rate
rents. The City and the Developer shall agree on the application of said
funds to provide affordable housing units, and the City shall have the right
to examine the Developer's records to ensure that the Total Annual TIF
Payments are being applied to provide affordable housing units within the
Project.
5.5 Termination Due to Causes Beyond City's Control. In the event that during the
term of this Agreement, the City fails to make an Annual TIF Payment because the City has not
received from Hennepin County sufficient Tax Increment to make the Annual TIF Payment, then
the City shall have been unable to perform under the terms of this Agreement for reasons beyond
its control. The Developer shall provide written notice of such nonperformance, and the City
shall have thirty(60) sixty days, or such greater time as allowed by the Developer, in which to
determine whether to make the Annual TIF Payment with payments to the Developer of other
City funds. If the City elects not to make the Annual TIF Payment, the Developer may terminate
this Agreement after written notice to the City. Each time the City fails to make an Annual TIF
Payment for reasons beyond its control shall constitute a separate event of nonperformance under
this subsection 5.5. Failure of the Developer to terminate this Agreement due to such
nonperformance shall not waive the Developer's right to terminate under this subsection 5.5 with
respect to any future nonperformance. If this Agreement is terminated by the Developer due to
nonperformance beyond the control of the City, the Developer shall not be obligated to repay the
City any portion of the Annual TIF Payments provided through the date of termination, the
Mortgage (as defined below) shall be released, and the City shall take all necessary actions to
memorialize the release of the Mortgage (as defined below), including the execution of a
recordable release; provided, however, that any portion of the Annual TIF Payments in the
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Developer's possession at the time of the termination of the Agreement shall be applied by the
Developer as Actual Subsidy for Very Low Income Units in the Project, thus alleviating the
hardship which would be caused to tenants if the Project were immediately converted to market-
rate rents. The City and the Developer shall agree on the application of said as Actual Subsidy
and the City shall have the right to examine the Developer's records to ensure that the Tax
Increment Funds are being applied as Actual Subsidy.
All of the Developer's and the City's obligations under this Agreement shall cease,
except that any payments made in connection with the CDBG Note must still be repaid to City,
in accordance with subsection 4.14.
6. Reimbursement. Should the Developer cease to continue providing the Very Low
Income Units as provided in this Agreement,the Developer shall be required to repay to the City
the amount of the Total Annual TIF Payments previously received by the Developer and not yet
provided as Actual Subsidy. No member,partner, shareholder, employee, officer or agent of
Developer shall have any personal liability for the Developer's obligations under this
Agreement. In addition to the provisions of Section 14 hereof that apply when mortgage
financing for the Project is insured by the United States Depaitiiient of Housing and Urban
Development("HUD"),the City agrees that the obligation to reimburse Total Annual TIF
Payments and the obligation to repay the CDBG Loan as secured by the CDBG Mortgager shall
be subject,junior and subordinate in all respects to all mortgage financing for the Project
provided by a lender or lenders whose loans are not insured by HUD and whose loans in the
aggregate do not exceed the fair market value of the Project(determined at the time such loan or
loans are initially funded and assuming completion of initial construction of the Project). The
priorities provided for in this section shall be applicable irrespective of the timing or order of
filing or perfection of this Agreement and such other mortgage or mortgages. The City agrees to
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execute such other and further documents as maybe reasonably requested by such lender or
lenders to confirm and reflect the subordination provided for herein.
7. Assignments.
7.1 This Agreement shall inure to the benefit of and constitute a binding obligation
upon the City,the Developer, and their respective successors and assigns. Any assignee,
successor,buyer,lessee, or transferee of the Developer or the City shall be subject to all of the
terms and conditions of this Agreement.
7.2 The Developer may sell, transfer, or assign its interest in the Project and this
Agreement to any buyer, transferee, or assignee, which expressly assumes all of the Developer's
obligations under this Agreement.
7.3 The City and the Developer understand that it is intended that the Developer be
redefined as a new single-purpose corporate entity. The City shall not unreasonably withhold
approval of assignment by Developer to the new entity of any and all rights and obligations in
this Agreement.
8. Prohibition on Conversion to Occupant-Owned Condominiums. During the Term,the
Developer or any assignee,successor, or transferee of the Developer shall be prohibited from
converting the Project to condominium occupant-ownership,wherein single units constitute
condominiums, and condominiums are owned by occupants. The Developer and the Developer's
assigns, successors or transferees may convert the Project to condominium ownership wherein a
group of units constitutes a condominium, condominiums are not owned by occupants, and each
unit within the condominium is rented,rather than owned,by occupants. If the Project is
converted to non-occupant condominium ownership,the Project shall continue to provide Low
Income and Very Low Income Units as required by this Agreement, and the condominium
owners shall be liable for compliance with the terms of this Agreement applicable to their
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condominiums. Prior to or simultaneously with any conveyance of condominiums allowed
under this subsection,the buyer of such condominium shall agree to assume the obligations of
this Agreement, and shall execute and deliver to the City a document acceptable to the City
assuming such obligations.
9. Financial Statements. Within one hundred twenty (120) days following the end of each
calendar year,the Developer will provide the City a set of financial statements in accordance
with GAAP of the Development, including a statement of cash flow, setting-forth the financial
condition of the Development and the results of operation of the Project for the calendar year and
which reflects the application of the Annual TIE Payment to Actual Subsidy. In the event
Developer is required to furnish an audited set of financial statements of the Development as set
forth above for any purpose in relationship to the financing of the Development,Developer shall
furnish the same to the City at the same time such audited set of financial statements is furnished
to any other entity.
10. Amendments. This Agreement constitutes the entire agreement of the City and
Developer, and no amendment or modification shall be valid and enforceable unless in writing,
executed, and approved by both parties in the same manner as this Agreement.
11. Notices. Any notice required by this Agreement shall be sufficient if in writing and
delivered as follows:
To City: The City of Eden Prairie
do City Clerk
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,Minnesota 55344-2230
To Developer:Eden Prairie Leased Housing Associates I. Limited
Partnership
2355 Polaris Lane N. Suite 100
i
Minneapolis,MN 55447-4853
Attention: Mark Moorhouse and Paul Sween
12. Change of Notice. Any party may from time to time designate a change in the contact
person or contact information for notice to the other parties,by providing written notice via hand
delivery,registered mail, or other delivery providing proof of receipt.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day
and year first above written.
BORROWER: CITY:
EDEN PRAIRIE LEASED HOUSING THE CITY OF EDEN PRAIRIE
ASSOCIATES I,LIMITED PARTNERSHIP,A By:
MINNESOTA LIMITED PARTNERSHIP Its: Mayor
By: Eden Prairie Leased Housing Associates I, By:
LLC,its General Partner Its: City Manager
By:
Its:
1�
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2002,by Eden Prairie Leased Housing Associates I, LLC, the General Partner of
Eden Prairie Leased Housing Associates I, a Minnesota limited partnership, on behalf of the
partnership.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
,by and ,
the Mayor and City Manager,respectively,of The City of Eden Prairie, a Minnesota municipal
corporation, on behalf of the corporation.
Notary Public
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EDIT A
LEGAL DESCRIPTION OF THE PROJECT PROPERTY
Outlot E,Wilson Ridge, according to the recorded plat thereof,Hennepin County,Minnesota.
Abstract and Torrens Property—Torrens Certificate No. 1067232
Together with that part of the North 511.10 feet of the Northeast Y.4 of the Southwest 1/4 of
Section 12, Township 116, Range 22, Lying westerly of County Road No. 39 and which lies
easterly of the following described line; Commencing at the Northwest corner of said Northeast
1/4 of the Southwest 1A: 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 said North 511.10 feet and said line there terminating; and which
lies northerly of the following described line; Commencing at the pint of termination of the last
described line; thence North 7 degree 59, minutes 22 seconds East, a distance 175 feet to the
point of beginning; thence South 80 degrees 03 minutes 46 seconds East a distance of 288.97
feet to the center line of County Road No. 39 and said line there terminating.
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EXHIBIT B
CDBG AMORTIZATION SCHEDULE
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EXHIBIT C
COMMUNITY DEVELOPMENT BLOCK GRANT
PROMISSORY NOTE
Minneapolis,Minnesota
May , 2002
FOR VALUE RECEIVED, the undersigned (herein called the "Borrower") promises to pay to
the order of The City of Eden Prairie, a public body corporate and politic under the laws of the
State of Minnesota (herein called the "Lender"), or its assigns, the sum of Three Hundred
Seventy Five Thousand and 00/100 Dollars ($375,000.00) (the "CDBG Loan"), together with
simple interest on the unpaid principal balance from time to time at the rate of five percent
(5.0%) per annum. Said sum is made available to Borrower to assist with Borrower's financing
of its acquisition of certain real property located in Hennepin County, Minnesota within the
City of Eden Prairie, Minnesota (herein called the "Project"). The real property of the Project is
legally described as: Outlot E, Wilson Ridge, according to the recorded plat thereof, Hennepin
County, Minnesota. Abstract and Torrens Property—Torrens Certificate No. 1067232. Together
with that part of the North 511.10 feet of the Northeast 1/4 of the Southwest 1/4 of Section 12,
Township 116, Range 22, Lying westerly of County Road No. 39 and which lies easterly of the
following described line; Commencing at the Northwest 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 said North 511.10 feet and said line there terminating; and which lies
northerly of the following described line; Commencing at the pint of termination of the last
described line; thence North 7 degree 59, minutes 22 seconds East, a distance 175 feet to the
point of beginning; thence South 80 degrees 03 minutes 46 seconds East a distance of 288.97
feet to the center line of County Road No. 39 and said line there terminating.
Subject to the time limitation as provided below,interest and principal on the Loan shall be
payable in semiannual installments on the anniversary of the date the loan was granted in the
amounts stated as"Total"in the loan repayment schedule attached as Exhibit B,commencing on
the third anniversary of the date the loan was granted in the year 2005 and continuing through
and including the anniversary of the date the loan was granted in the year 2019,at which time all
principal plus accrued but unpaid interest remaining shall be due and payable in full. In the
event of sale or exchange of the Project by Developer,all principal plus accrued but unpaid
interest shall be paid in a lump sum. Each semiannual payment will be applied first to the
payment of accrued interest on the Loan and second,to the extent of any remaining amount,to
the payment of principal on the Loan.
This Note is secured by a Mortgage of even date between the Borrower and the Lender(the
"CDBG Mortgage"), and reference is made to the CDBG Mortgage and a certain Project
Management.Agreement of even date for the rights of the Lender as to the acceleration of the
indebtedness evidenced by this Note but subject to the restrictions set forth in this Note and in
the CDBG Mortgage.
Neither the Borrower nor any general or limited partner, employee, or agent of the Borrower
shall have any personal liability for the Borrower's obligations hereunder,it being recognized by
the Lender that the obligations of the Borrower hereunder are nonrecourse obligations and that
the remedies of the Lender are limited to the security provided in connection with this Note and
the CDBG Mortgage.
The debt evidenced by this Note may be prepaid in whole or in part at any time prior to the final
maturity date of this Note.
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Demand,protest, and notice of demand and protest are hereby waived, and the undersigned
hereby waives,to the extent authorized by law, any and all homestead and other exemption
rights which otherwise would apply to the debt evidenced by this Note.
The Borrower promises to pay all costs of collection, including but not limited to reasonable
attorneys' fees,paid or incurred by the Lender on account of such collection, all costs associated
with recording the CDBG Mortgage, and any other filing fees paid in connection with the CDBG
Mortgage.
This Note shall be governed and construed in accordance with the laws of the State of
Minnesota.
IN WITNESS WHEREOF,this Note has been duly executed by the undersigned as of the day
and year first above written.
BORROWER:
EDEN PRAIRIE LEASED HOUSING ASSOCIATES I, LIMITED PARTNERSHIP, A
MINNESOTA LIMITED PARTNERSHIP
BY EDEN PRAIRIE LEASED HOUSING ASSOCIATES I,LLC, ITS GENERAL PARTNER
By:
Its:
DL4
EDIT D
CDBG MORTGAGE
THIS CDBG MORTGAGE (the"Mortgage") dated as of , 2002, is given by
EDEN PRAIRIE LEASED HOUSING ASSOCIATES I, LIMITED PARTNERSHIP, a
Minnesota Limited Partnership ("Mortgagor"), to THE CITY OF EDEN PRAIRIE, a public
body corporate and politic under the laws of the State of Minnesota("Mortgagee").
PRELIMINARY STATEMENT OF FACTS
Mortgagor is the owner of record in fee simple absolute of the real property situated in the City
of Eden Prairie and legally described as set forth on Exhibit A, on which the Mortgagor is to
construct a 186 unit apartment building (the "Project"). To assist Mortgagor in acquiring real
property for the Project, the City has agreed to provide a loan to the Mortgagor. Mortgagor is
justly indebted to Mortgagee in the principal sum of Three Hundred Seventy Five Thousand and
No/100 Dollars ($375,000.00) as evidenced by the CDBG Note from Mortgagor(the "Note"), of
even date herewith, payable to the order of Mortgagee, which Note is fully incorporated herein
by reference and is secured hereby.
NOW, THEREFORE, Mortgagor, in consideration of the foregoing and in
consideration of the mutual covenants hereinafter contained, and in consideration of the sum of
One Dollar($1.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and to secure the payment of principal and interest of the Note
according to its tenor and effect and payment of all sums,with interest thereon, due to Mortgagee
and all other indebtedness hereby secured, and to secure the performance and observance of all
the covenants, agreements, and provisions herein and in the Note, has executed and delivered
this Mortgage and has granted,bargained, sold, conveyed, and mortgaged, and by these presents
does hereby grant,bargain,sell,convey, and mortgage,to Mortgagee,its successors, and assigns,
forever, all of the Premises,together with all of the improvements thereon or that maybe placed
hereafter thereon and all rents,issues, and profits arising therefrom(the"Mortgaged Premises");
TO HAVE AND TO HOLD the Mortgaged Premises, together with the hereditaments
and appurtenances now or hereafter pertaining thereto to Mortgagee and its successors and
assigns, forever;
PROVIDED, NEVERTHELESS, that if Mortgagor, its successors, or assigns shall pay
or cause to be paid all the indebtedness hereby secured,together with interest at the rate specified
in the Note until maturity, and after maturity at the same rate in effect at maturity, and if
Mortgagor shall strictly observe and perform all of the terms, provisions, and conditions herein
contained and contained in the Note, then this Mortgage and the estate, right, and interest of
Mortgagee in the Mortgaged Premises shall become void and of no effect.
MORTGAGOR FURTHER COVENANTS as follows:
ARTICLE 1.
REPRESENTATIONS,WARRANTIES,AND COVENANTS
OWNERSHIP. Mortgagor represents,warrants, covenants, and agrees that it is the lawful owner
of record in fee simple absolute of the Mortgaged Premises;that the Mortgaged Premises are free
from any and all liens and encumbrances excepting only such as are listed on said Exhibit A(the
"Permitted Encumbrances"); that it will defend the title to the Mortgaged Premises against all
claims and demands whatsoever not specifically excepted herein; that neither the Note, the
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Mortgage, nor the performance or observance by Mortgagor of any of the matters or things
provided for in any thereof violate any court order, judgment, decree, or agreement to which
Mortgagor is a party, or by which Mortgagor or its property may be bound or affected; that no
approval, consent, or authorization of, or filing or registration with, any governmental or
regulatory authority or agency is required in connection with the execution, delivery, and
performance of this Mortgage and the Note other than the recordings and filings necessary to
perfect the liens created hereby and thereby; that all applicable zoning laws, ordinances, and
regulations affecting the Mortgaged Premises permit any present use and occupancy thereof.
FURTHER ASSURANCES. At any time and from time to time, upon Mortgagee's request,
Mortgagor shall make, execute, and deliver or cause to be made, executed, and delivered to
Mortgagee, and where appropriate, shall cause to be recorded or filed and from time to time
thereafter to be re-recorded or re-filed, at such time and in such offices and places as shall be
deemed desirable by Mortgagee, any and all such further mortgages, instruments of further
assurance, certificates, and other documents as Mortgagee may consider necessary or desirable in
order to effectuate, complete, or perfect, or to continue and preserve, the obligations of
Mortgagor under the Note and this Mortgage, and the lien of this Mortgage as a lien upon all the
mortgage premises, subject only to the Permitted Encumbrances, whether now owned or
hereafter by Mortgagor. Upon any failure by Mortgagor to do so, Mortgagee may make,
execute, record, file, re-record, or re-file any and all such mortgages, instruments, certificates,
and documents for and in the name of Mortgagor, and Mortgagor hereby irrevocably appoints
Mortgagee the agent and attorney-in-fact of Mortgagor to do so. Mortgagor further agrees to pay
to Mortgagee, upon demand, all costs and expenses incurred by Mortgagee in connection with
the preparation, execution, recording, filing, re-recording, and re-filing of any such documents,
including the charges for examining title and the attorneys' fees for rendering an opinion as to
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the priority of this Mortgage or other security instrument as a valid first and subsisting lien.
However, neither a request so made by Mortgagee nor the failure of Mortgagee to make such a
request shall be construed as a release of the Mortgaged Premises, or any part thereof, from the
lien of this Mortgage, it being understood and agreed that this covenant and any mortgage or
security instrument delivered to Mortgagee are cumulative and given as additional security.
OPERATION AND MAINTENANCE. Mortgagor will cause the Mortgaged Premises and
every part thereof to be maintained, preserved, and kept in safe and good repair and condition,
will not commit or permit waste thereon, will not remove, demolish, or alter the design or
structural character of any building hereafter erected upon all or any part of the premises without
the prior written consent of Mortgagee, will complete or cause to be completed forthwith any
improvements which may hereafter be under course of construction upon the Premises, and will
comply or cause compliance with all laws and regulations of any governmental authority with
reference to the Mortgaged Premises and the manner of using or operating the same, and with all
restrictive covenants, if any, affecting the title to the Mortgaged Premises, or the use thereof.
PAYMENT OF TAXES. Mortgagor, before any penalty attaches thereto, shall pay and
discharge or cause to be paid and discharged all taxes, assessments, and governmental charges or
levies (the "Impositions") imposed upon or against Mortgagor, the Mortgaged Premises, or any
property of Mortgagor or upon or against the Note and the indebtedness secured hereby or upon
or against the interest of Mortgagee in the Mortgaged Premises or in the Note or the debt secured
by this Mortgage, except taxes measured by the net income of Mortgagee. Receipts evidencing
payment by Mortgagor of such Impositions shall be furnished promptly to Mortgagee. In the
event of any legislative action or judicial enactment after the date hereof imposing upon
Mortgagee the obligation to pay any such Impositions, or deducting the lien of the Mortgage
from the value of the Mortgaged Premises for the purpose of taxation, or changing in any way
the laws now in force for the taxation of mortgages, or debts secured thereby, for state or local
purposes, or the manner of the operation of any such taxes so as to affect the interest of
Mortgagee, then, and in such event, Mortgagor shall bear and pay the full amount of such taxes,
assessments, or charges before penalty attaches for nonpayment thereof. If for any reason
payment by Mortgagor of any Impositions would be unlawful, or if the payment thereof would
constitute usury or render the loan or any other indebtedness secured hereby wholly or partially
usurious or uncollectible under any of the terms or provisions of this Mortgage, the Note, or
otherwise,then Mortgagee, at its option, may declare the loan indebtedness secured hereby, with
interest thereon, to be immediately due and payable, or Mortgagee, at its option, may pay such
amount or the portion of the Impositions as renders the loan or indebtedness secured hereby
unlawful or usurious or uncollectible, in which event Mortgagor will, concurrently therewith,
pay the remaining portion or balance of said Impositions. If, by reason of any default by
Mortgagor hereunder, Mortgagee declares all sums secured hereby to be due and payable
immediately, Mortgagee may then apply any funds in said account against the entire
indebtedness secured hereby. Mortgagee may from time to time, at its option, waive, and after
any such waiver, reinstate, any or all provisions hereof requiring such monthly deposits by •
Mortgagor.
INSURANCE.
Required Coverage. Mortgagor shall at its sole expense obtain for, deliver to, and maintain for
the benefit of Mortgagee, during the life of this Mortgage, insurance policies issued by an insurer
or insurers acceptable to Mortgagee in such amounts as set forth below, insuring Mortgagor and
the Mortgaged Premises against loss from: Claims for bodily injury, death, or property damage
occurring in, on, or about the Mortgaged Premises; workers' compensation claims; perils
generally included in the term "builder's risk insurance" in the one hundred percent(100%)
completed value nonreporting form during any period of construction on the Mortgaged
Premises; and such other insurable hazards, casualties, and contingencies as Mortgagee may
reasonably require; and shall promptly pay, when due, any premium on such insurance policies
and on any renewals thereof. The form of such policies and the companies issuing them shall be
acceptable to Mortgagee.
POLICY LIMITS. The policies of insurance required hereunder are general public liability
insurance affording protection to the limit of not less than $1,000,000 with respect to the injury
or death of a single person, and to the limit of not less than $1,000,000 with respect to any one
occurrence, and to the limit of not less than $500,000 with respect to property damage per
occurrence, or such increased amounts as required by any first mortgage lender to the Project.
EVIDENCE OF COVERAGE. Each of said policies and renewals thereof shall be held by
Mortgagee and shall contain a noncontributory mortgage endorsement making losses payable to
Mortgagee and an agreement by the insurer that the same shall not be canceled without at least
ten(10) days' prior written notice to Mortgagee. At least ten(10) days prior to the expiration
date of all such policies, renewals thereof satisfactory to Mortgagee shall be delivered to
Mortgagee. Mortgagor shall also deliver to Mortgagee receipts evidencing the payment of all
premiums on such insurance policies and renewals. Delivery of the insurance policies and
renewals thereof shall constitute an assignment to Mortgagee, as further security, of all unearned
premiums. In the event of loss,Mortgagor will give immediate written notice to Mortgagee, and
Mortgagee may make proof of loss if not made promptly by Mortgagor. hi the event of
foreclosure of this Mortgage or any other transfer of title to the Mortgaged Premises in
extinguishment of the indebtedness and other sums secured hereby, all right,title, and interest of
Mortgagor in and to all insurance policies and renewals thereof then in force shall pass to the
purchaser or grantee.
Access. Mortgagor shall grant to Mortgagee access to and the right to inspect the Mortgaged
. Premises at all reasonable times.
MORTGAGEE'S RIGHT TO CURE MORTGAGOR'S DEFAULT. If Mortgagor shall fail to
comply with any of the terms, covenants, and conditions herein with respect to the procuring of
insurance, the payment of taxes, assessments, and other charges, the keeping of the Mortgaged
Premises in repair or any other term, covenant, or condition herein contained, Mortgagee may
make advances to perform the same, and where necessary, enter the Mortgaged Premises for the
purpose of performing any such term, covenant, or condition. Mortgagor agrees to repay all
sums so advanced upon demand, with interest from the dates such advances are made, at the
same rate of interest borne by the indebtedness evidenced by the Note, and all sums so advanced,
with interest, shall be secured hereby in priority to the indebtedness evidenced by the Note, but
no such advance shall be deemed to relieve Mortgagor from any default hereunder.
NO LIENS. Mortgagor shall keep the Mortgaged Premises free and clear of all liens and
encumbrances, other than the Permitted Encumbrances, and will not suffer to exist any
mechanic's, statutory, or other lien on the Mortgaged Premises or any part thereof which might
or could be held to be equal or prior to the lien of the Mortgage
SALE OR TRANSFER. If Mortgagor sells, transfers, or conveys (whether voluntarily or by
operation of law) all or any part of its interest in all or any part of the Mortgaged Premises
(regardless of whether the buyer or transferee assumes the obligations of the Mortgagor
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hereunder or takes the Mortgaged Premises subject to said obligations) or permits such sale,
transfer, or conveyance, without obtaining, in each instance, the prior written approval of
Mortgagee, Mortgagee shall have the right, at its option, to declare the unpaid principal balance
of the Note, and all accrued interest thereon, together with all sums advanced hereunder
immediately due and payable without notice. In the event of any such sale, transfer, or
conveyance, Mortgagee, without notice to any person, firm, or corporation, is hereby authorized
and empowered to deal with any such buyer or transferee with reference to the Mortgaged
Premises or the indebtedness secured hereby, or with reference to any of the terms and
conditions hereof, as fully and to the same extent as it might deal with the original parties hereto
and without in any way releasing or discharging any of the liabilities or undertakings hereunder.
A mortgage, security agreement, mechanic's lien, or other lien or encumbrance, voluntarily or
involuntarily created or given, and whether prior or subordinate to the lien of this Mortgage,
shall be deemed a sale, assignment, conveyance, or transfer under this Section. However, any
nonconsenting lien shall not be so deemed if, within sixty(60) days of the recording thereof, the
same is released and satisfied of record or, within said sixty(60) day period, Mortgagor notifies
Mortgagee of Mortgagor's intent to contest said lien and furnishes to Mortgagee a bond or other
security against said lien reasonably satisfactory to Mortgagee.
PARTIAL RELEASES. Notwithstanding the anything to the contrary contained above,
Mortgagor may sell and convey parts of the Mortgaged Premises at any time that no uncured
Event of Default exists. In such event, Mortgagee shall partially release parts of the Mortgaged
Premises from the lien of this Mortgage upon payment by Mortgagor to Mortgagee of the sum of
Thirty-six Thousand Five Hundred Forty-nine and 70/100 Dollars ($36,549.70) in reduction of
the principal balance then outstanding under the Note for each acre of the Mortgaged Premises to
be so released (the "Partial Release Payment"). To accomplish such partial releases, Mortgagor
A
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shall present a properly drafted partial release form to Mortgagee for signature, together with a
Minnesota Registered Surveyor's certificate of the correct legal description and acreage,
computed to the nearest one-hundredth(1/100) of an acre, of the portion of the Mortgaged
Premises to be released, together with the Partial Release Payment in cash or guaranteed funds,
whereupon Mortgagee shall execute and deliver to Mortgagor such partial release. At all times
until the Note is paid in full, all parts of the Mortgaged Premises remaining subject to this
Mortgage shall have immediate access to a dedicated, constructed, and traveled public road. All
portions of the Mortgaged premises so released shall be contiguous to portions previously
released.
MORTGAGEE'S RIGHT TO PROTECT INTEREST. Mortgagee shall have the power and
authority to institute and maintain any suits and proceedings as Mortgagee may deem advisable:
to prevent any impairment of the Mortgaged Premises by any acts which may be unlawful or in
violation of this Mortgage; to preserve or protect its interest in the Mortgaged Premises; and to
restrain the enforcement of or compliance with any legislation or other governmental enactment,
rule, or order that may be unconstitutional or otherwise invalid, if the enforcement of or
compliance with such enactment, rule, or order might impair the security hereunder or be
prejudicial to Mortgagee's interest.
ARTICLE 2.
TAKING OF PROPERTY
If the Mortgaged Premises, or any part thereof, or any interest therein, or any rights appurtenant
thereto, including,but not limited to, access, light, air, and view,be condemned under any power
of eminent domain or acquired for any public use or quasi-public use, the damages, proceeds,
36
and consideration for such condemnation or acquisition, to the extent of the full amount of
indebtedness upon this Mortgage and obligations secured hereby remaining unpaid, are hereby
assigned by Mortgagor to Mortgagee, its successors or assigns, as its interest may appear. All
such damages, proceeds, and consideration shall be paid to Mortgagee and applied by
Mortgagee, at its option, after deduction of all its expenses (including reasonable attorneys' fees)
incurred in obtaining such damages, proceeds, and consideration, to the reduction of the
indebtedness secured hereby or to any other indebtedness secured hereby, whether or not then
due and payable; any surplus remaining after payment of all indebtedness secured hereby to be
paid over to Mortgagor. Mortgagor shall immediately furnish to Mortgagee true and correct
copies of any process papers or documents delivered to or served upon Mortgagor in connection
with any such eminent domain proceedings.
ARTICLE 3.
COMPLIANCE WITH LEGAL AND INSURANCE REQUIREMENTS, INSTRUMENTS,
ETC . Mortgagor (a) shall not commit or permit waste or deterioration upon the Property,
(b) shall cause the Property and every part thereof, including but not limited to parking areas,
improvements, and all ingress and egress easements, if any, to be continually maintained,
preserved, and kept in safe and good repair, working order, and condition, (c)will comply with
all Insurance Requirements and with requirements of Minnesota Statutes Section 504.18,
Subdivision 1, and Section 504.20, as now existing or as hereafter amended, if applicable, with
the provisions of all local, state, and federal statutes,ordinances,rules, and regulations relating to
the disposal of environmentally hazardous material, and with all private declarations, easements,
covenants, and restrictions, if any, affecting the title to the Property or any part thereof("Private
Restrictions"), (d)will not commit, suffer, or permit any violation of Private Restrictions, and
(e) from time to time will make all necessary and proper restorations, rebuildings, repairs,
renewals,replacements, additions, and betterments to the Property,whether required as the result
of casualty or otherwise, and whether or not insurance proceeds or condemnation proceeds exist,
are made available, or are sufficient therefor, in a good and workmanlike manner, so that the
value and efficient use thereof shall be fully preserved and maintained, and so that Mortgagor
complies with the requirements of this Section. Mortgagor shall give Mortgagee written notice
within three (3) business days of it received notice of any violation of any of the requirements of
this Section 1 or if any damage or destruction occurs to the Property. Mortgagor shall not seek,
petition for, make, consent to, or acquiesce in any change in the requirements of this Section 1
relating to the Property, including but not limited to zoning and building codes and ordinances,
without Mortgagee's prior written consent,which shall not be unreasonably withheld.
ESTOPPEL CERTIFICATE. Mortgagor agrees at any time and from time to time as reasonably
requested by the Mortgagee, upon not less than fifteen (15) days' prior written notice by
Mortgagee,to execute, acknowledge, and deliver, without charge, to Mortgagee or to any person
designated by Mortgagee, a statement in writing certifying that (a)this Mortgage is unmodified
(or if there have been modifications, identifying the same by the date thereof and specifying the
nature thereof), (b) the unpaid balance of the Note, (c)Mortgagor has not received any notice of
default or notice of acceleration or foreclosure of this Mortgage (or if Mortgagor has received
any notice, that it has been revoked, if such be the case), (d)to the knowledge of Mortgagor, no
default then exists hereunder (or if any such default does exist, specifying the same and stating
that the same has been cured, if such be the case), (e)Mortgagor has no claims or offsets against
Mortgagor(or if Mortgagor has any such claims, specifying the same), and (f)the dates to which
the interest and the other sums and charges payable by Mortgagor pursuant to the Note have been
paid.
J5
WAIVER OF APPRAISEMENT. Mortgagor hereby waives, to the full extent it may lawfully
do so, the benefit of all homestead,moratorium, mediation,marshaling, appraisement,valuation,
stay execution, and extension laws now or hereafter in force.
INDEMNIFICATION BY MORTGAGOR. Mortgagor will protect, indemnify, and save
harmless Mortgagee from and against all liabilities, obligations, claims, damages, penalties,
causes of action, reasonable costs, and expenses (including, without limitation, reasonable
attorney's fees and expenses) imposed upon, incurred by, or asserted against Mortgagee by
reason of (a) ownership of the Property, or any interest therein, or receipt of any rent or other
sum therefrom; (b) any accident, injury to, or death of persons or loss of or damage to property
occurring on or about the Property or any part thereof or the adjoining sidewalks, curbs, vaults,
and vault space, if any, (c) any use, nonuse, or condition of the Property or any part thereof or
the adjoining sidewalks, curbs, vaults, and vault space, if any, (d) any failure on the part of
Mortgagor to perform or to comply with any of the terms of this Mortgage, including, without
limitation, the provisions of Section 1 hereof, (e)performance of any labor or services or the
furnishing of any materials or other property in respect of the Property or any part thereof,
(f)negligence or tortious act on the part of Mortgagor or any of its agents, contractors,
sublessees, licensees, or invitees, or (g) exercise by Mortgagee of any remedy provided
hereunder or at law or equity; provided, however, that nothing herein shall be construed to
obligate Mortgagor to protect, to indemnify, and to save Mortgagee harmless from and against
liabilities, obligations, claims, damages, penalties, causes of action, reasonable costs, and
expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon
or incurred by or asserted against Mortgagee solely by reason of the negligent or tortious acts on
the part of Mortgagee or any of its employees, agents, contractors, licensees, or invitees. Any
amounts payable to Mortgagee under this Section 4 which are not paid within ten (10) business
days after written demand therefor by Mortgagee shall bear interest at the rate set forth in the
Note from the date of such demand and shall be secured by this Mortgage. If any action, suit, or
proceeding is brought against Mortgagee by reason of any such occurrence, Mortgagor upon
Mortgagee's request will at Mortgagor's expense resist and defend such action, suit, or
proceeding or will cause the same to be resisted and defended by counsel for the insurer of the
liability or by counsel designated by Mortgagor and reasonably approved by Mortgagee. The
indemnification of the Mortgagee by the Mortgagor shall be a continuing indemnification and
shall remain in full force and effect notwithstanding the expiration or termination of this
Mortgage.
HAZARDOUS MATERIAL. Mortgagor (a) shall not store, locate, generate, produce, process,
treat, transport, incorporate, discharge, emit, release, deposit, or dispose of any hazardous
material in, upon, under, over, or from the Property except in strict compliance with all
applicable environmental regulations, (b)shall not permit any hazardous material to be stored,
located, generated, produced, processed, treated, transported, incorporated, discharged, emitted,
released, deposited, disposed of, or to escape therein, thereupon, thereunder, thereover or
therefrom except in strict compliance with all applicable environmental regulations, (c) shall
cause all hazardous material found thereon to be properly removed therefrom and properly
disposed of in accordance with all applicable environmental regulations (d)shall not install or
permit to be installed any underground storage tank therein or thereunder, and (e) shall comply
with all environmental regulations which are applicable to the Property. At any time, and from
time to time, upon Mortgagee's reasonable request, Mortgagor shall have any environmental
review, audit, assessment, and/or report relating to the Property. At any time, and from time to
time, upon Mortgagee's reasonable request, Mortgagor shall have any environmental review,
audit, assessment, and/or report relating to the Property heretofore provided by Mortgagor to
7
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Mortgagee updated, at Mortgagor's sole cost and expense,by an engineer or scientist acceptable
to Mortgagee, or shall have such a review, audit, assessment, and/or report prepared for
Mortgagee, if none has previously been so provided. Mortgagor shall indemnify Mortgagee, its
directors, officers, members, employees, agents, contractors, licensees, invitees, successors, and
assigns (hereinafter collectively referred to as the "Indemnified Parties") against, shall hold the
Indemnified Parties harmless from, and shall reimburse the Indemnified Parties for, any and all
claims, demands, judgments, penalties, liabilities, costs, damages, and expenses, directly or
indirectly incurred by the Indemnified Parties, including court costs and reasonable attorneys'
fees (prior to trial, at trial, and on appeal) in any action against or involving any of the
Indemnified Parties, resulting from any breach of the foregoing covenants, from the
incorrectness or untruthfulness of any warranty or representation set forth herein, or from the
discovery of any hazardous material in, upon, under, or over, or emanating from the Property,
whether or not Mortgagor is responsible therefor, it being the intent of Mortgagor and Mortgagee
that the Indemnified Parties shall have no liability or responsibility for damage or injury to
human health, the environment, or natural resources caused by, for abatement, and/or clean-up
of, or otherwise with respect to, hazardous material by virtue of the interest of Mortgagee in the
Property created hereby or as the result of Mortgagee exercising any of its rights or remedies
with respect thereto hereunder, including but not limited to becoming the owner thereof by
foreclosure or conveyance in lieu of foreclosure. The foregoing representations, warranties, and
covenants of this Section 5 shall be deemed continuing covenants, representations, and
warranties for the benefit of the Indemnified Parties,including but not limited to any purchaser at
a foreclosure sale, any transferee of the title of Mortgagee, or any other purchaser at a
foreclosure sale, and any subsequent owner of the Property whose title derives from Mortgagee,
and shall survive the satisfaction of title to the Property or any part thereof by Mortgagee, or
anyone claiming by, through, or under Mortgagee, by deed in lieu of foreclosure, or otherwise.
Any amounts covered by the foregoing indemnification shall bear interest from the date incurred
at the rate set forth in the Note, shall be payable on demand, and shall be secured hereby.
Notwithstanding the foregoing, the indemnity contained herein, it shall not apply with respect to
any loss, damage, liability, cost or expense which Mortgagor proves by clear and convincing
evidence was caused solely by or resulted solely from any act or omission of any person, other
than Mortgagor or an agen, employee, invitee or contractor of Mortgagor, which occurred after
the Mortgagee or anyone claiming by, through or under the Mortgagee acquired title to the
Mortgaged Property by foreclosure of the Mortgagee or deed in lieu of foreclosure or otherwise
and took control of the Mortgaged Property.
ACCESSIBILITY COVENANTS. Mortgagor shall comply with all accessibility regulations
which are applicable to the Property. At any time, and from time to time, if Mortgagee so
requests, Mortgagor shall have any accessibility regulations Compliance Report heretofore
provided by Mortgagor to Mortgagee updated and/or amplified, at Mortgagor's sole cost and
expense, by the person or entity which prepared the same, or shall have a report prepared for
Mortgagee, if none has previously been so provided. Mortgagor shall indemnify all Indemnified
Parties against, shall hold the Indemnified Parties harmless from, and shall reimburse the
Indemnified Parties for, any and all claims, demands, judgments, penalties, liabilities, costs,
damages, and expenses incurred by the Indemnified Parties, including court costs and reasonable
attorneys' fees (prior to trial, at trial, and on appeal), in any action, administrative proceeding, or
negotiation against or involving any of the Indemnified Parties, resulting from any breach of the
foregoing covenants, from the incorrectness or untruthfulness of the representation and warranty
set forth herein, or from a failure by Mortgagor to perform any of its obligations hereunder
relating to accessibility regulations, it being the intent of Mortgagor and Mortgagee that the
Indemnified Parties shall have no liability for any violation of accessibility regulations by virtue
of the interest of Mortgagee in the Property created hereby or as a result of Mortgagee exercising
any of its remedies with respect thereto hereunder, including but not limited to becoming the
owner of the Property or any portion thereof by foreclosure or other sale or conveyance in lieu
thereof. The foregoing covenants, representations, and warranties of this Mortgage and this
Section 6 shall be deemed continuing covenants, representations, and warranties for the benefit
of the Indemnified Parties, including but not limited to any purchaser at a foreclosure or other
sale, any transferee of the title of Mortgagee, or any other purchaser at a foreclosure or other sale
hereunder, and any subsequent owner of the Property whose interest derives from Mortgagee,
and shall survive the satisfaction or release of this Mortgage, any foreclosure or other sale under
this Mortgage, and/or any acquisition of title to the Property or any part thereof by Mortgagee, or
anyone claiming by,through, or under Mortgagee,by deed in lieu of foreclosure or other sale, or
otherwise. Any amounts covered by the foregoing indemnification shall bear interest from the
date paid at the rate set forth in the Note, shall be payable on demand, and shall be secured
hereby.
ARTICLE 4.
DEFAULT AND REMEDIES THEREFOR
EVENT OF DEFAULT. Each of the following shall constitute an"Event of Default"hereunder:
Failure to Pay. Failure by Mortgagor to pay, as and when due and payable, any installments of
principal or interest due under the Note, or any other sums to be paid by Mortgagor hereunder or
under any other instrument securing the Note within five (5) days after written notice of
Mortgagee notifying Mortgagor of the default;
Failure to Perform. Failure by Mortgagor to duly keep, perform, and observe any other
covenant, condition, or agreement in the Note, this Mortgage, any other instrument securing the
Note, or any other instrument collateral to the Note or executed in connection with the sums
secured hereby for a period of thirty(30) days after Mortgagee gives written notice to Mortgagor
specifying the breach or if such default cannot be cured within 30 days then failure to diligently
proceed within the 30-day period to cure the default;
Bankruptcy/Insolvency. If Mortgagor shall:
Apply for or consent to the appointment of a receiver, trustee, or liquidator of itself or of its
property; be unable to admit in writing its ability to pay its debts as they mature; make a general
assignment for the benefit of creditors; be adjudicated a bankrupt or insolvent; file a voluntary
petition in bankruptcy or a petition or answer seeking reorganization or an arrangement with
creditors or take advantage of any insolvency law or.file any answer admitting the material
allegations of a petition filed against it in any bankruptcy, reorganization, or insolvency
proceeding;
Judicial Action. An order, judgment, or decree shall be entered without the application,
approval, or consent of Mortgagor, by any court or governmental agency of competent
jurisdiction, approving a petition seeking reorganization of Mortgagor or appointing a receiver,
trustee, liquidator,intervenor,or the like of Mortgagor, and such order,judgment, or decree shall
continue unstayed and in effect for any period of thirty(30) consecutive days;
Breach of Warranties. Material breach of any warranty or material untruth of any representation
of Mortgagor contained in the Note,this Mortgage, or any other instrument securing the Note; or
Acceleration of Debts. Any bond, debenture, note, or other evidence of indebtedness for which
Mortgagor is liable, as principal obligor, guarantor, or otherwise shall become due before its
stated maturity by the acceleration of the maturity thereof by reason of default or shall become
due by its terms and shall not be promptly paid or extended;
REMEDIES. Upon the occurrence of an Event of Default described in Section 3.1(c) or (d)
above, the obligations secured hereby shall become immediately due and payable. Upon the
occurrence of one or more of the other Events of Default and the expiration of all applicable cure
periods, the obligations secured hereby, at the option of Mortgagee, shall become immediately
due and payable immediately upon notice to Mortgagor. hi either event, the obligations secured
hereby shall be due and payable, without presentment, demand, further notice or declaration of
any kind. Mortgagee shall have the right to proceed to protect and enforce its rights by one or
more of the following remedies:
Right To Bring Suit. Mortgagee shall have the right and authority to proceed to protect and
enforce its rights by a suit or suits in equity or at law, either for the specific performance of any
covenant or agreement contained herein or in the Note, or in aid of the execution of any power
herein or therein granted, or for the foreclosure of this Mortgage, or for the enforcement of any
other appropriate legal or equitable remedy. Mortgagee shall be entitled to the immediate
appointment of a receiver to operate, collect rents from, and protect the Mortgaged Premises.
Mortgagee may sell the Mortgaged Premises as one tract or otherwise at public auction and
convey the same to the purchaser,in accordance with the statute in such case made and provided.
Mortgagor shall remain liable for any deficiency resulting from such sale.
Rights In Bankruptcy. In the case of any receivership, insolvency, bankruptcy, reorganization,
arrangement, adjustment, composition, or other judicial proceedings affecting Mortgagor or any
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person,partnership, or corporation guaranteeing or endorsing any of Mortgagor's obligations, its
creditors, or its property, Mortgagee, to the extent permitted by law, shall be entitled to file such
proofs of claim and other documents as may be necessary or advisable in order to have its claims
allowed in such proceedings for the entire amount due and payable by Mortgagor under the Note,
this Mortgage, and any other instrument securing the Note, at the date of the institution of such
proceedings and for any additional amounts which may become due and payable by Mortgagor
after such date.
Right to Sell Mortgaged Premises. Mortgagee shall have the right to sell the Mortgaged
Premises or any party thereof at public auction and convey the same to the purchaser in fee
simple, as provided by law.Neither the Mortgagor nor any general or limited partner, employee,
or agent of the Mortgagor shall have any personal liability for the Mortgagor's obligations
hereunder, it being recognized by the Mortgagee that the obligations of the Mortgagor hereunder
are nonrecourse obligations and that the remedies of the Mortgagee are limited to the security
provided in connection with this Mortgage. In the event of any sale of the Mortgaged Premises
pursuant to any judgment or decree of any court or at public auction or otherwise in connection
with the enforcement of any of the terms of this Mortgage,Mortgagee,its successors, or assigns,
may become the purchaser, and for the purpose of making settlement for or payment of the
purchase price, shall be entitled to deliver over and use the Note and any claims for interest
accrued and unpaid thereon,together with all other sums,with interest, advanced or secured
hereby and unpaid hereunder, in order that there maybe credited as paid on the purchase price all
or the appropriate part of the sum then due under the Note, including principal and interest
thereon and all other sums,with interest, advanced or secured hereby and unpaid hereunder.
Each and every power or remedy herein specifically given shall be in addition to every other
power, or remedy, existing or implied, now or hereafter given or existing at law or in equity, or
in any other instrument given to secure the Note. Each and every power and remedy herein
specifically given or otherwise so existing or given may be exercised from time to time and as
often and in such order as may be deemed expedient by Mortgagee or the holder of the Note.
EXPENSES OF EXERCISING RIGHTS, POWERS AND REMEDIES. Mortgagor shall
reimburse Mortgagee for all costs, charges, and expenses, including reasonable attorneys' fees
(including but not limited to attorneys' fees incurred in successful defense or prosecution of an
appeal), and disbursements and costs incurred or paid by Mortgagee in any threatened, pending,
or completed action, proceeding, or dispute in which Mortgagee is or might be made a party or
appears as a party and which affects or might affect the Note, this Mortgage or any other
instrument securing the Note, or the Mortgaged Premises, or any part thereof, or the interests of
Mortgagor or Mortgagee therein, including but not limited to the foreclosure of this Mortgage,
condemnation involving all or part of the Mortgaged Premises or any action to protect the
security hereof. All costs, charges, and expenses so incurred or paid by Mortgagee shall become
due and payable immediately, whether or not there be notice, demand, attempt to collect, or suit
pending, together with interest from the dates such advances are made, or costs, charges, or
expenses are incurred, at the same rate of interest borne by the indebtedness evidenced by the
Note. Any such sum or sums and the interest thereon shall be secured hereby in priority to the
indebtedness evidenced by the Note.
WAIVERS. The exercise or the beginning of the exercise of one power or remedy shall not be
deemed a waiver of the right to exercise at the same time or thereafter any other power or
remedy. No delay or omission of Mortgagee or of any holder of the Note to exercise any right,
4 ��
power, or remedy accruing upon any Event of Default shall exhaust or impair any such right,
power, or remedy or shall be construed to waive any such Event of Default or to constitute
acquiescence therein. No waiver of any Event of Default hereunder shall extend to, impair, or
affect any Event of Default then existing or occurring subsequent thereto, or impair any rights,
powers, or remedies consequent thereon. If Mortgagee: (i) grants forbearance or an extension of
time for the payment of any sums secured hereby; (ii)takes additional security for the payment
thereof; (iii)waives or does not exercise any right granted in the Note; (iv)releases any part of
the Mortgaged Premises from the lien of this Mortgage or otherwise changes any of the terms of
the Note, this Mortgage, or any other instrument securing the Note; (v) consents to the filing of
any map, plat, or re-plat of the Mortgaged Premises; (vi) consents to the granting of any
easement on the Mortgaged Premises; or (vii)makes or consents to any agreement changing the
terms of this Mortgage or subordinating the lien or any charge hereof; no such act or omission
shall release, discharge, modify, change, or affect the original liability under the Note, this
Mortgage, or otherwise of Mortgagor, or any subsequent purchaser of the Mortgaged Premises or
any part thereof, or any maker, co-signer, surety, or guarantor. No such act or omission shall
preclude Mortgagee from exercising any right, power, or privilege herein granted or intended to
be granted in case of any Event of Default then existing or of any subsequent Event of Default
nor, except as otherwise expressly provided in an instrument or instruments executed by
Mortgagee, shall the lien of this Mortgage be altered thereby.
APPLICATION OF PROCEEDS. The purchase money proceeds and avails of any sale,
pursuant to this Article 3, of the Mortgaged Premises or any part thereof, and the proceeds and
avails of any remedy hereunder, shall be paid and applied in the following order:
zyL45
Costs. To the payment of costs and expenses of foreclosure and of such sale and of all proper
expenses (including maximum attorneys' fees permitted by law), liability and advances incurred
or made hereunder by Mortgagee, and of all taxes, assessments, or liens superior to the lien of
this Mortgage;
Late Fees. To the payment to Mortgagee of late fees or charges, if any, imposed under the terms
of the Note or this Mortgage;
Interest and Principal. To the payment to Mortgagee of the amount then owing or unpaid under
the Note and this Mortgage for principal and interest, and if such proceeds shall be insufficient to
pay the whole amount so due, then first to the payment of such interest and then principal; and
Mortgagor. To the payment to Mortgagor, its successors, and assigns, or to whomever may be
lawfully entitled to receive the same.
RESTORATION OF POSITION. In case Mortgagee shall have proceeded to enforce any right
under this Mortgage by foreclosure, sale, entry, or otherwise, and such proceedings shall have
been discontinued or abandoned for any reason or shall have been determined adversely, then,
and in every such case, Mortgagor and Mortgagee shall be restored to their former positions and
rights hereunder with respect to the Mortgaged Premises, subject to the lien hereof.
•
ARTICLE 5.
MISCELLANEOUS
TERM USAGE. Whenever used in this Mortgage, the singular number shall include the plural,
the plural the singular, and the neuter shall include the masculine and the feminine. The words
"Mortgagor" and "Mortgagee" shall include Mortgagor and Mortgagee named in the opening
paragraph of this Mortgage and their respective successors and assigns.
BINDING EFFECT. Whenever any of the parties hereto is referred to, such references shall be
deemed to include the successors and assigns of such party. All covenants, promises, and
agreements by or on behalf of Mortgagor in this Mortgage contained shall inure to the benefit of
Mortgagee and its successors and assigns,whether so expressed or not.
SEVERABILITY. The unenforceability or invalidity of any provision of this Mortgage as to any
persons or circumstances shall not render that provision unenforceable or invalid as to any other
persons or circumstances, and all provisions hereof, in all other respects, shall remain valid and
enforceable.
NOTICES. All notices provided for herein shall be in writing and shall be deemed to have been
given (unless otherwise required by the specific provisions hereof in respect to any matter) when
delivered personally or when deposited in the United States mail, registered or certified, postage.
prepaid, addressed to the addresses given on the first page hereof. Either party may change the
address to which notices are to be sent by giving the other party written notice in the manner
above provided.
APPLICABLE LAW. This Mortgage is made and is to be construed under the laws of the State
of Minnesota.
MARSHALING. If this Mortgage is foreclosed,Mortgagor hereby waives and releases any right
to have the Mortgaged Premises marshaled or sold as separate parcels. Mortgagee shall not be
required to sell or realize upon any portion of the Mortgaged Premises before selling or realizing
upon any other portion thereof.
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SURVIVAL OF WARRANTIES, ETC. All agreements, representations and warranties made
herein shall survive the execution and delivery of this Mortgage.
ASSIGNABILITY. Mortgagee shall have the right to assign this Mortgage, in whole or in part
or sell participation interests herein,to any person.
HEADINGS. Headings of the Sections of this Mortgage are inserted for convenience only and
shall not be deemed to constitute a part hereof.
MORTGAGOR ACKNOWLEDGMENT. Mortgagor understands and agrees that if an event of
default (as defined in section 3.1 of this mortgage) shall occur, mortgagee has among its rights
the right to foreclose this mortgage by advertisement pursuant to Minnesota Statutes,
Chapter 580, as hereafter amended or pursuant to any similar or replacement statute hereafter
enacted; that if Mortgagee elects to foreclose by advertisement, it may cause the mortgaged
premises, or any part thereof, to be sold at public auction; that notice of such sale must be
published for six weeks and given personally to the persons in possession of the mortgaged
premises at least four weeks before the sale.
Mortgagor further understands that under the constitution of the united states it may have the
right to notice and a hearing before the mortgaged premises may be sold and that the procedure
for foreclosure by advertisement described above does not ensure that notice will be given to
Mortgagor and said procedure for foreclosure by advertisement requires no hearing or other
judicial proceeding.
Mortgagor hereby relinquishes, waives, and gives up any constitutional right to notice and a
hearing before the sale of the mortgaged premises and expressly consents and agrees that the
mortgaged premises may be foreclosed by advertisement, as described above.
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Mortgagor acknowledges that it is represented by competent legal counsel; that before
Mortgagor signed this document, this section and mortgagor's constitutional rights were fully
explained by such counsel and that mortgagor understands the nature and extent of the rights
waived hereby and the effect of such waiver.
IN WITNESS WHEREOF,Mortgagor has executed this Mortgage as of the above date.
MORTGAGOR:
EDEN PRAIRIE LEASED HOUSING ASSOCIATES I,LIMITED PARTNERSHIP,A
Minnesota Limited Partnership
By: Eden Prairie Leased Housing Associates I, LLC, its General Partner
By:
Its: :
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on , 2002,
by Eden Prairie Leased Housing Associates I, LLC, the General Partner of EDEN PRAIRIE
LEASED HOUSING ASSOCIATES I, LIMITED PARTNERSHIP, a Minnesota limited
partnership, on behalf of the partnership by
its
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN,HOFFMAN,DALY&LINDGREN,Ltd.Tax I.D.No.
1500 Northwestern Financial Center
7900 Xerxes Avenue South Tax Statements for the
Bloomington,Minnesota 55431 Mortgaged Premises
Phone:(612) 835-3800
EDIT A
to that certain
CDBG MORTGAGE
by and between
EDEN PRAIRIE LEASED HOUSING ASSOCIATES I,LIMITED PARTNERSHIP, A
MINNESOTA LIMITED LIABILITY COMPANY,Mortgagor
and
THE CITY OF EDEN PRAIRIE,Mortgagee
Legal Description of Premises:
Outlot E, Wilson Ridge, according to the recorded plat thereof, Hennepin County, Minnesota.
Abstract and Torrens Property—Torrens Certificate No. 1067232.
Permitted Encumbrances:
EXHIBIT E
PROSPECTIVE INITIAL COMPLIANCE REPORT
EXHIBIT F
TIF NOTE
Minneapolis,Minnesota
FOR VALUE RECEIVED, the undersigned(herein called the"Borrower")promises to tender to
the City of Eden Prairie, a public body corporate and politic under the laws of the State of
Minnesota (herein called the "Lender"), or its assigns, under the terms of the Project
Management Agreement by and Between the Lender and the Borrower dated
(the "Project Management Agreement") the "Total Annual TIF Payments," as defined in the
Project Management Agreement subsection 1.14, which have been previously paid to the
Borrower by the Lender (THE "TIF Repayment"). The Lender is providing the Tax Increment
Funds to the Borrower to enable the Borrower to improve certain real property located within the
City of Eden Prairie,Minnesota,described as: Outlot E,Wilson Ridge, according to the recorded
plat thereof, Hennepin County, Minnesota. Abstract and Torrens Property— Torrens Certificate
No. 1067232. Together with that part of the North 511.10 feet of the Northeast '/4 of the •
Southwest '/4 of Section 12, Township 116, Range 22, Lying westerly of County Road No. 39
and which lies easterly of the following described line; Commencing at the Northwest corner of
said Northeast 1/4/of the Southwest'/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 said North 511.10 feet and said line there terminating;
and which lies northerly of the following described line; Commencing at the pint of termination
of the last described line; thence North 7 degree 59,minutes 22 seconds East, a distance 175 feet
to the point of beginning; thence South 80 degrees 03 minutes 46 seconds.East a distance of
288.97 feet to the center line of County Road No. 39 and said line there terminating. Hennepin
County,Minnesota(herein called the"Project").
The Project Management Agreement refers to the rights of the Lender as to the acceleration of
the indebtedness evidenced by this Note.The Project Management Agreement also refers to
events,the occurrence of which will result in the Borrower's no longer having an obligation to
pay the TIE Repayment or to pay a lesser amount.
Demand,protest, and notice of demand and protest are hereby waived, and the undersigned
hereby waives,to the extent authorized by law, any and all homestead and other exemption
rights which otherwise would apply to the debt evidenced by this Note.
The Borrower promises to pay all costs of collection, including but not limited to reasonable
attorneys' fees,paid or incurred by the Lender on account of such collection. This Note shall be
governed and construed in accordance with the laws of the State of Minnesota.
IN WITNESS WHEREOF,this Note has been duly executed by the undersigned as of the day
and year first above written.
BORROWER:
EDEN PRAIRIE LEASED HOUSING ASSOCIATES I, LIMITED PARTNERSHIP, A
MINNESOTA LIMITED PARTNERSHIP BY EDEN PRAIRIE LEASED HOUSING
ASSOCIATES I, LLC,ITS GENERAL PARTNER.
By:
Its:
1
'1'IF PROJECTIONS
5
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 7,2002
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Public Safety Services Minnesota Auto Theft Prevention Program Grant Vitt
Director James G. Clark/
Sergeant Robert A. Olson
Requested Action
Move to adopt a resolution accepting the Minnesota Auto Theft Prevention Program
Grant.
Synopsis
The Police Department has applied for and received approval of a $25,000 grant from the
Minnesota Auto Theft Prevention Program. The grant approval is contingent on a City Council
resolution stating that the City will accept the grant and give the City Manager signing authority
for a contract between the State of Minnesota and the City of Eden Prairie.
Background Information
The grant money would be used to train officers and pay overtime salaries to accomplish the
following objectives:
Increase public and police awareness of auto theft prevention and investigation through
education.
Increase the number of arrests and prosecutions of suspects through proactive
enforcement efforts.
The grant period is from 01/01/02 to 12/30/03 and is a continuation of an existing grant that
expires 12/31/01.
Attachments
Resolution Accepting the Minnesota Auto Theft Prevention Program Grant
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2002-
A RESOLUTION ACCEPTING THE NIINNESOTA .
AUTO THEFT PREVENTION PROGRAM GRANT
WHEREAS, the Minnesota Auto Theft Prevention Program funds programs which will reduce
motor vehicle theft and its consequences in the State of Minnesota; and
WHEREAS, funding from MATPP would enable the Eden Prairie Auto Theft Prevention
Program to train officers, pay overtime salaries and educate the community how to prevent auto
theft.
NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie accept the $25,000
Minnesota Auto Theft Prevention Program Grant and designate the City Manager as the signing
authority for a contract between the State of Minnesota and the City of Eden Prairie.
ADOPTED this 7th day of May, 2002.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A.Porta, City Clerk
CITY COUNCIL AGENDA DATE:
May 7,2002
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.98-5474 ITEM NO.:
Engineering Services Resolution Declaring Costs to be Assessed, {y-r I I
Jim Richardson Ordering Preparation of 2002 Special �!!1- t-t
Eugene A. Dietz Assessment Rolls, and Set Public Bearing Date
Requested Action
Move to: Adopt resolution declaring costs to be assessed, ordering preparation of 2002
special assessment rolls and setting public hearing date on June 4, 2002, for
I.C. 98-5474, Crestwood Terrace street and utility improvements.
Synopsis
The public hearing for street improvements is scheduled in accordance with the project schedule
included in the Feasibility Study adopted by City Council on March 7, 2002.
Background Information
The preliminary assessment hearing for this project was conducted on March 7, 2002. The plans
and specifications are scheduled for City Council approval on May 7, 2002. As proposed in the
Feasibility Study, the final assessment hearing for street improvements will be held on June 4,
2002 after bids are received, but prior to the award of the construction contract. This hearing is
for residential properties qualifying for a maximum assessment in accordance with City
Assessment Policy. Street assessments to other properties will be levied when final project costs
are known.
Attachments
Resolution
Exhibit A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERED
PREPARATION OF 2002 SPECIAL ASSESSMENT ROLLS AND
SETTING HEARING DATE
I.C. 98-5474
CRESTWOOD TERRACE STREET AND UTILITY IMPROVEMENTS
WHEREAS, a feasibility study has been prepared for the following listed improvements and the
total project cost, including expenses incurred, or to be incurred and the City's share, exclusive of
that assignable to City Property, are established as shown on the attached Exhibit A.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council:
1. The cost of such improvements to be specially assessed are hereby declared to be
those as set forth in Exhibit A.
2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the
proper amount to be assessed for each improvement against every assessable lot,
piece or parcel of land within the district affected without regard to cash valuation,
as provided by law, and he shall file a copy of such proposed assessment in the
office of the City Engineer for public inspection.
3. A hearing shall be held on the 4th day of June, 2002, in the Eden Prairie City Hall,
7600 Executive Drive, at 7:30 p.m. to pass upon such proposed assessments and at
such time and place all persons owning property affected by such improvement will
be given an opportunity to be heard with reference to such assessments.
4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessments to be published once in the official newspaper at least two weeks prior
to the hearing. He shall also cause mailed notice to be given to the owner of record
of each parcel described in the assessment roll not less than two weeks prior to the
hearing.
ADOPTED by the City Council of the City of Eden Prairie on May 7,2002.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A.Porta,City Clerk
EXHIBIT A
2002 SPECIAL ASSESSMENTS
PROJECTS Total Cost City Funds Amt to be
Assessed
• IC 98-5474 Crestwood Terrace Street Improv. 610,650.00 106,122.00 504,528.00
3
CITY COUNCIL AGENDA DATE:
May 7,2002
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION:I.C. 00-5520 ITEM NO.:
Engineering Services Approve Right-of-Way Acquisition for -�
Alan D. Gray Cedarcrest Drive in Section 20 V
Eugene A.Dietz
Requested Action
Move to: Approve resolution authorizing right-of-way acquisition for the construction
of Cedarcrest Drive in Section 20.
Synopsis
The subdivision of Braxton Woods 2°a Addition includes the construction of approximately 700
feet of Cedarcrest Drive between Riley Creek Ridge and the Cedar Forest First Addition. This
segment of Cedarcrest Drive serves the Braxton Woods 2nd Addition and provides an alternate
route for ingress and egress to the Cedar Forest neighborhood and the Riley Creek Ridge
neighborhood. Centex has petitioned the City to complete the easterly 300 feet of this project:
Right-of-way acquisition from two land parcels not included within the Braxton Woods 2nd
preliminary plat is required.
Background Information
Braxton Woods 2nd Addition was approved by Council in April, 2000. This residential
subdivision contains eight residential lots along a new segment of Cedarcrest Drive connecting
between Riley Creek Ridge and Cedar Forest First Addition. Centex has completed construction
of the westerly 400 feet of Cedarcrest Drive serving six of the eight new residential lots. The
Engineering Division is currently developing a feasibility study for the easterly 300 feet of
Cedarcrest Drive for which the southerly half of right-of-way has been provided within the
Braxton Woods 2nd. Addition. The additional right-of-way acquisition for the completion of
Cedarcrest Drive over two land parcels has been identified. Since the time required for right-of-
way acquisition may be three to five months, it is recommended that the process begin at this
time to support the continued development of this project.
Attachments
Right-of-Way Drawing
l
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION AUTHORIZING ACQUISITION
OF EASEMENTS FOR
CRESTWOOD DRIVE IN SECTION 20
WHEREAS, the Eden Prairie City Council previously approved the extension of Cedarcrest
Drive between Cedar Forest First Addition and Riley Creek Ridge; and
WHEREAS, easements over adjoining property are required to construct the extension of
Cedarcrest Drive.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council'that the City
Engineer and City Attorney are hereby authorized to acquire the necessary fee title and
easements,by negotiation or condemnation,on the following properties:
Parcel 20-116-22-34-0023 and -
Parcel 29-116-22-21-0052
ADOPTD by the Eden Prairie City Council on May 7,2002.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A.Porta, City Clerk
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CITY COUNCIL AGENDA DATE:
May 7,2002
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.98-5474 ITEM NO.:
Engineering Services Approve Plans and Specifications and Ordering
Alan D. Gray Advertisement for Bids for Crestwood Terrace
Eugene A.Dietz Street and Utility Improvements
Requested Action
Move to: Adopt resolution approving plans and specifications for I.C. 98-5474,
Crestwood Terrace Street and Utility Improvements
Synopsis
This project will provide street and utility improvements to approximately 59 residential
properties in the Crestwood Terrace Area. A contract award is scheduled for June 4, 2002,
which should allow for substantial completion in October, 2002.
Background Information
•
The Crestwood Terrace Project was authorized by Council March 5, 2002. The project was
assigned to the Engineering Division of Public Works Services for design with direction to work
with the residents to make final decisions regarding street and cul-de-sac widths and the extent of
sidewalks and trails. A neighborhood open house to review design alternatives and receive
resident input on design details was held April 11, 2002. The resolution of trail and street width
will be under Section X of this Council Agenda.
•
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 SEH, Inc., has prepared plans and
specifications for the following improvements to wit:
I.C.98-5474—Crestwood Terrace Street and Utility Improvements
•
and has presented such plans and specifications to the Council for approval.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
1. Such plans and specifications, a copy of which is on file for public inspection in the
City Engineer's office,are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement shall
be published for three weeks, shall specify the work to be done, shall state that bids
shall be received until 10:00 a.m.,May 30, 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, June 4, 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 May 7,2002.
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A.Porta,City Clerk
CITY COUNCIL AGENDA DATE:
May 7,2002
SECTION: Consent Calendar
•
SERVICE AREA/DIVISION: ITEM DESCRIPTION: LC. 02-5565 1I'EM NO.:
Engineering Services Approve Plans and Specifications and Ordering
Alan D. Gray Advertisement for Bids for Charlson Area V t I I
Eugene A.Dietz Improvements—Phase III
Requested Action
Move to: Adopt resolution approving plans and specifications for I.C. 02-5565,
Charlson Area Improvements—Phase III
Synopsis
The Charlson Area Improvements, Phase III includes utility improvements in Spring Road
serving Hennepin Village Site A. The pumping station in this plan will ultimately serve a larger
area including Hennepin Village Site C and the new building area of Flying Cloud Airport.
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 remaining
elements of the project await easement agreements with the MAC. Phase III 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. 02-5565—Charlson area Improvements—Phase III
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.m.,May 30, 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, June 4, 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 May 7,2002.
•
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A.Porta,City Clerk
g-
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Calendar May 7,2002
ITEM NO.:
SERVICE AREA/DIVISION: ITEM DESCRIPTION:
City Manager Eden Prairie Rotary Club Membership _ L,
Requested Action
Recommend Council approval of a Councilmember"open seat"membership in the Eden Prairie
Rotary Club.
Synopsis
The Eden Prairie Rotary has extended an invitation for a councilmember to join the
newly formed and second Eden Prairie Rotary Club, which meets on Thursdays at
lunchtime. The Rotary Club is a non-profit service club whose members are typically
business owners, high level executives, managers and elected officials. The Rotary Club
meetings offer City officials added opportunities for information sharing and networking
with many people who are actively involved in the community. For example, staff is in
preliminary discussions with Rotary regarding the Sister City Program with China.
Rotary's mission includes providing humanitarian service, encouraging high ethical
standards in all vocations and helping to bring good will and peace in the world.
The proposed council membership would be an"open seat" for any councilmember to fill
depending on your schedule. The quarterly dues (currently $160) would be paid by the
City.
Attachments
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Calendar May 7, 2002
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Mayor,Nancy Tyra-Lukens Approve Election for Exclusion from PERA for OM , IPI\ •
the City Manager
Requested Action
Adopt Resolution approving the election for exclusion from the Public Employees Retirement
Association(PERA)for Scott H.Neal, City Manager.
Attachment
Resolution •
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.
APPROVAL OF ELECTION FOR EXCLUSION FROM THE PUBLIC EMPLOYEES
RETIREMENT ASSOCIATION(PERA) FOR SCOTT H.NEAL, CITY MANAGER
WHEREAS,Minnesota Statutes, Section 353.028,provides that a City Manager may be excluded
from participating as a member of the Public Employees Retirement Association(PERA).
WHEREAS, Neal was appointed to the position of City Manager for the City of Eden Prairie
effective April 29,2002.
WHEREAS, in the employment agreement between the City of Eden Prairie and Scott H. Neal,
the City agrees to contribute an amount equal to the percentage the City would pay to PERA on
behalf of Neal, at Neals' option, either to PERA or to a deferred compensation plan approved by
Neal and the City Council.
WHEREAS, Neal has indicated that he wishes to elect exclusion from the Public Employees
Retirement Association.
WHEREAS, Neal has selected, and the City Council, approves that the amount described above
be contributed to the International City Management Association (ICMA) deferred compensation
program.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie,by
this Resolution, notifies the Public Employees Retirement Association of its approval of the
election for exclusion from PERA for Scott H.Neal,City Manager.
ADOPTED by the Eden Prairie City Council on May 7,2002
Nancy Tyra-Lukens,Mayor
ATTEST: SEAL
Kathleen A.Porta,City Clerk
CITY COUNCIL AGENDA DATE:May 7,2002
SECTION: Consent Calendar
SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Center Roof ITEM NO:
Parks and Recreation Repair
Robert A.Lambert Director lat-
Requested Action
Motion: Move to authorize staff to proceed with obtaining bids for repair of the roof over
the swimming pool at the Eden Prairie Community Center. Funds for completing
this project would be provided from the amount budgeted in the CIP for that
purpose, as well as using a portion of the debt service payment that was saved this
year through refinancing.
Synopsis
City staff budgeted$95,000 in the CIP for patching the roof over the swimming pool at the Eden
Prairie Community Center in 2002. After several contractors have reviewed the roof, it has been
suggested, and supported by our Building Inspections staff to have the roof membrane replaced
and built up at a cost of approximately$220,000 rather than patching the existing roof for a cost
of$95,000. The investment of the additional dollars will pay for itself in reduced maintenance
costs within five years.
Background
Prior to refinancing the debt service on the Community Center, the budget for 2002 debt service
was $234,615. With the revised payout schedule the City will only have to pay $67,308, which
leaves a balance of$167,306 not having to be spent on debt service this year. Staff recommends
utilizing the$95,000 in the CIP for roof repairs for the Community Center plus approximately an
additional$125,000 from the debt service balance to fund this project.
RAL:mdd
CITY COUNCIL AGENDA
DATE: 5/07-02
SECTION: PUBLIC HEARINGS
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development -} - A
Donald R.Uram Hennepin Village—Watson Property 1 - •
Michael D. Franzen
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Comprehensive Guide Plan Change from Low Density Residential
to Medium Density Residential 1.87 acres, and
• Adopt the Resolution for PUD Concept Amendment on 30.17 acres; and
• Approve 1st Reading of the Ordinance for PUD District Review on 1.87 acres and Rezoning
from Rural to RM-6.5 on 1.87 acres, and Zoning District Amendment in the RM-6.5 District
on 30.17 acres, and
• Approve the Resolution for Preliminary Plat of 2.66 acres into 23 lots; and
• Direct Staff to prepare a Developer's Agreement incorporating Board and Staff
recommendations and Council conditions.
Synopsis
There are 12 proposed townhouse units on the Watson property. Ten townhouse units of Site A,
Hennepin Village, will also be rearranged to provide access to the Watson property. The project
is located on Spring Road.
Community Planning Board Recommendation
The Community Planning Board voted 7-0 to recommend approval of the project to the City
Council at the April 8,2002 meeting.
Alternative Architectural Elevations
Since the Community Planning Board meeting the developer has prepared alternate townhouse
elevations for the Watson property and Site A Hennepin Village. The staff is comfortable with
the alternate elevations provided the colors and building materials are consistent with the
approved plan for the single family homes.
Background Information:
The benefits of the guide plan change from low density residential to medium density residential
are land use compatibility and "Historic"architectural theme.
1
The following waivers from the City Code are required in the RM 6.5 zoning District.
• Lot size from 3,000 S.F.to 1,430 S.F.
• Lot width from 24 to 22 feet.
• Lot depth from 100 feet to 65 feet.
Potential reasons for considering the waivers are:
• Architecture is consistent with the Hennepin Village"historic"architectural theme
• 71 acres of dedicated open space within the Hennepin Village PUD as tradeoff for small lot
sizes.
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. Community Planning Board Minutes
HENNEPIN VILLAGE-WATSON PROPERTY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, NIINNESOTA
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 Hennepin Village — Watson Property by Pemtom
Land Company is for 12 townhouses.
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:
Guide Plan Change from Office-Industrial to Medium Density Residential
ADOPTED by the City Council of the City of Eden Prairie this 7TH day of May,
2002.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen A.Porta, City Clerk
•
HENNEPIN VILLAGE—WATSON PROPERTY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2002-
•
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF HENNEPIN VILLAGE —WATSON PROPERTY FOR PEMTOM LAND
COMPANY
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 April 8,2002
by Pemtom Land Company 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 May 7,2002.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Hennepin Village—Watson Property,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 8,2002.
3. That the PUD Concept meets the recommendations of the Community Planning
Board dated April 8,2002.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of May,2002.
Nancy Tyra-Lukens,Mayor
Kathleen A.Porta,City Clerk
EXHIBIT A
PUD CONCEPT HENNEPIN VILLAGE -WATSON PROPERTY
Legal Description before Final Plat
That part of the South One Half of the South One Half of the Northwest Quarter of Section 28,
Township 116,Range 22, lying westerly of the Center Line of Hennepin County Road 4„which
lies westerly and easterly of the following described line: Beginning at a point in the Centerline
of Hennepin County Road 4,from a line which drawn perpendicular to the centerline in the
northwesterly direction would intersect the east line of the Southwest Quarter of the Northwest
Quarter of said Section 28 at a point 150 feet north of the southeast corner of the Southwest
Quarter of said Section 28: thence northwesterly from said point of beginning along said
perpendicular line for a distance of 240.51 feet: thence southwesterly parallel to the center line of
said Hennepin County Road 4 for a distance of 489.45 feet more or less to the south line of said
Northwest quarter of said Section 28 and terminating.
And
That part of the South One Half of the South One Half of the Northwest Quarter of Section 28,
Township 116,Range 22 described as follows:
Commencing at the most northerly corner of the above described parcel: thence South 50 degrees
09 minutes 19 seconds West, assumed bearing along the northwesterly line of the above
described parcel, a distance o 92.75 feet to the point of the beginning: thence continuing South
50 degrees 09 minutes 19 seconds West, a distance of 296.43 feet, thence North 39 degrees 50
minutes 41 seconds West, a distance of 119.33 feet:thence northwesterly along a non-tangential
curve concave to northwest having a central angle of 09 degrees 53 minutes 17 seconds and a
radius of 466.00 feet for an arc distance of 80.42 feet, the chord of said curve bears North 55
degrees 22 minutes 12 seconds East: thence North 50 degrees 25 minutes 33 seconds East:
tangent to the last described curve, a distance of 98.92 feet: thence northwesterly along a
tangential curve concave to the northwest,having a central angle of 33 degrees 30 minutes 31
seconds and a radius of 166.00 feet, for an arc distance of 97.08 feet: thence North 89 degrees 58
minutes 13 seconds East,not tangent to the last described curve, a distance of 34.24 feet: thence
South 39 degrees 34 minutes 27 seconds East, a distance of 116.80 feet to the point of beginning
(to be known as Outlot G of Hennepin Village)
Legal Description after Final Plat
Lots 1-23,Block 1,Hennepin Village
HENNEPIN VILLAGE—WATSON PROPERTY
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO.2002-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF HENNEPIN VILLAGE—WATSON PROPERTY FOR PEMTOM LAND COMPANY
BE IT RESOLVED,by the Eden Prairie City Council as follows:
That the preliminary plat of the Hennepin Village- Watson Property for Pemtom Land Company
dated April 8,2002, and consisting of 2.87 acres into 23 lots, a copy of which is on file at the City
Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting
ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 7th day of May,2002.
Nancy Tyra-Lukens,Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO: Community Planning Board
FROM: Michael D.Franzen, City Planner
DATE: April 5,2002
SUBJECT: WATSON PROPERTY—HENNEPIN VILLAGE
APPLICANT: Pemtom Land Company
OWNER: Kathleen E. Watson
LOCATION: Spring Road,north of 212
REQUEST:
1. Guide Plan Change from Low Density Residential to Medium Density
Residential on 1.87 acres
2. Planned Unit Development Concept Amendment on 30.17 acres to the
overall Hennepin Village PUD
3. Planned Unit Development District Review with waivers on 30.17 acres
4. Zoning District Change from Rural to RM-6.5 on 1.87 acres,and Zoning
District Amendment within the RM-6.5 Zoning District on 30.17 acres
5. Site Plan Review on 1.87 acres
6. Preliminary Plat of 2.66 acres into 23 lots
•
Area Location
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.15
Staff Report—Watson Property—Hennepin Village
April 5,2002
BACKGROUND
This site is zoned Rural and guided Low Density Residential.
COMPREHENSIVE PLAN AMENDMENT
The site is surrounded by land guided medium density residential. Medium density residential would
be an appropriate use for this site.
SITE PLAN
The site plan shows 12 proposed townhouses on the Watson property. Ten units of Site A,Hennepin
Village,will also be rearranged to provide access to the Watson Property.
Since this project is an amendment to Site A, the overall density,based on 30.3 acres, is 4.6 units
per acre, consistent with the approved PUD. The density for the Watson property is 7.69 units per
acre.
The proposed units meet setback requirements.
PLANNED UNIT DEVELOPMENT WAIVERS
The following waivers from the City Code are required in the RM 6.5 zoning District.
• Lot size from 3,000 S.F. to 1,430 S.F.
• Lot width from 24 to 22 feet.
• Lot depth from 100 feet to 65 feet.
A planned unit development allows the city to grant waivers if:
• The plan results in a more creative and efficient approach to the use of land.
• The plan is designed in such a manner to form a unified environment within its own boundaries.
• The waivers are justified by the design.
• The waivers result in a better plan for the site than if no waivers are granted.
Potential reasons for considering the waivers are:
• Architecture is consistent with the Hennepin Village"historic"architectural theme
• 71 acres of dedicated open space within the Hennepin Village PUD as tradeoff for small lot sizes.
TREE LOSS AND GRADING
Staff Report—Watson Property—Hennepin Village
April 5,2002
Since this site is an amendment of a PUD,the tree loss maybe average over the entire area.There
are 226 inches of significant trees on site.There are 5,808 inches on Site A. PUD tree loss including
the Watson property is 2,550 inches. The required PUD tree replacement is 1,438 inches.
Since 1,268 inches is approved for Site A, then the required tree replacement for the Watson
property is 170 inches. The plan meets this requirement.
LANDSCAPE PLAN
The amount of landscaping required is 116 inches. The plan meets this requirement.
DRAINAGE
Stormwater drains to the required treatment ponds.
ARCHITECTURE
The architecture is consistent with the approved plans for Hennepin Village
UTILITIES
Sewer and water is not available to any of the land in the PUD. A City improvement project is
required.
AIRPORT NOISE ZONES
This property is not in any airport noise zones.
STAFF RECOMMENDATION
Staff recommends approval of the following:
• Guide Plan Change from Low Density Residential to Medium Density Residential on 1.87 acres
• Planned Unit Development Concept Amendment on 30.17 acres to the overall Hennepin Village
PUD
• Planned Unit Development District Review with waivers on 30.17 acres
• Zoning District Change from Rural to RM-6.5 on 1.87 acres, and Zoning District Amendment
within the RM-6.5 Zoning District on 30.17 acres
• Site Plan Review on 1.87 acres
• Preliminary Plat of 2.66 acres into 23 lots
to
Staff Report—Watson Property—Hennepin Village
April 5,2002
Approval is based on plans dated April 5, 2002, the staff report dated April 5, 2002, and the
following:
1. 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.
2. Prior to grading permit issuance,the proponent shall install snow fencing at the construction
limits for the protection of significant trees.
3. The following waivers from the City Code are granted in the RM-6.5 zoning District.
• Lot size from 3,000 S.F. to 1,430 S.F.
• Lot width from 24 to 22 feet.
• Lot depth from 100 feet to 65 feet.
4. Construct an 8-foot wide bituminous trail along the west side of Spring Road.
1k
Community Planning Board Minutes
April 8,2002
Page 3
B. HENNEPIN VILLAGE—WATSON PROPERTY by Pemtom Land Company.
Request for: Guide Plan Change from Low Density Residential to Medium Density
Residential on 1.87 acres,Planned Unit Development Concept Amendment on
30.17 acres to the overall Hennepin Village PUD,Planned Unit Development
District Review with waivers on 30.17 acres,Zoning District Change from Rural to
RM-6.5 on 1.87 acres, and Zoning District Amendment within the RM-6.5 Zoning
District on 30.17 acres, Site Plan Review on 1.87 acres, and Preliminary Plat of
2.66 acres into 23 lots. Location: 9782 Spring Road.
Dwight Jelle,engineer from Westwood Professional Services,reviewed the plan.
The builder has added a product,the carriage townhome,to the site.
Franzen noted staff recommended approval. Fox would add a fourth condition to
staff recommendations,to include an 8 foot wide bituminous trail to connect to the
piece of property to the north.
•
Foote inquired whether the siding and roof colors would be varied.
Jelle stated the siding colors would vary but roofs would likely be the same color.
Foote suggested they might consider different color roofs for additional variety.
Jelle stated they may consider this.
Stoelting inquired about Spring Road and the proposed Carlson Road, and when
they would be completed.
Gray stated Spring Road is a County Road.Part will be realigned and reconstructed,
but this is farther to the north of this development. The County may reconstruct this
in the future.As part of the overall development,the access will require some
additional improvements to Spring Road, a southbound right turn lane and a bypass
lane. Farther to the north, the County had planned to start improvements a year ago
but has not reached agreement with MAC over easements. In another three weeks
plans will be complete;they should have sewer and water to support the
development.Road work is not anticipated until 2003.
Stoelting inquired about the east and west connection between Eden Prairie Road
and Spring Road in with Site A.
Gray stated the overall concept plan shows a new residential street connecting Eden
Prairie Road and Spring Road. They will begin constructing the connecting road at
only the part within the site. The development agreement requires the west part of
the road to be constructed concurrent with site B.
Community Planning Board Minutes
April 8,2002
Page 4
Koenig asked whether there were two stories in the new unit and the number of
common walls.
The developer stated there were two stories and three common walls.
Koenig noted overall tree loss was 93%; V2 is red cedar,but they are taking out most
of the trees.
The developer stated this was a small piece of property and they could not save
many trees.
Koenig asked whether conifers would go along the roadway as screening.
The developer said yes;but trees would be set back,because they are dedicating 17
feet of right of way and putting in an 8 foot trail.
Franzen stated if this was a separate site staff would recommend changes to reduce
tree loss. This piece is being added on to 30 acres. Tree replacement will be divided
up proportionally around the entire site.
Koenig inquired about the tree loss for the entire PUD.
Franzen stated around 35-40%.
Steppat inquired about the price range of the homes.
The developer stated around$240,000-$300,000.
Stoelting inquired why this piece was not in the original plan for site A.
The developer noted it wasn't owned by Charlson. It is owned by Watson.
Stoelting asked whether this additional piece was the same zoning.
Franzen stated yes.
MOTION: Stoelting moved, second by Koening to close the public hearing.
Motion carried,7-0.
The public hearing closed at 7:25 p.m.
MOTION: Stoelting moved, second by Brooks to approve HENNEPIN VILLAGE
—WATSON PROPERTY by Pemtom Land Company.Request for Guide Plan
Change from Low Density Residential to Medium Density Residential on 1.87
acres,Planned Unit Development Concept Amendment on 30.17 acres to the
overall Hennepin Village PUD,Planned Unit Development District Review with
waivers on 30.17 acres,Zoning District Change from Rural to RM-6.5 on 1.87
13
Community Planning Board Minutes
April 8,2002
Page 5
acres, and Zoning District Amendment within the Rlv1-6.5 Zoning District on 30.17
acres, Site Plan Review on 1.87 acres, and Preliminary Plat of 2.66 acres into 23
lots.Location: 9782 Spring Road subject to the conditions listed in the staff report
and adding the condition of an 8 foot wide bituminous trail along the west side
Spring Road. Motion carried,7-0.
VI. MEMBERS'REPORTS
VII. CONTINUING BUSINESS
VIII. NEW BUSINESS
IX. PLANNERS' REPORTS
Franzen stated at the next meeting there would be a presentation on the site plan and
architectural plan for the Douglas Smith More House and Dunn Bros. Coffee by John
Gertz,Historic Preservation Specialist. The Board must consider amending the city code
to allow this to occur.
Corneille again welcomed the new and returning members to the board.
X. ADJOURNMENT
MOTION: Stoelting moved,Koenig seconded, to adjourn the meeting. Motion carried,
7-0.
The meeting adjourned at 7:30 p.m.
�- The Perntom Land Company
7597 ANAGRAM DRIVE
EDEN PRAIRIE,MINNESOTA 55344
(952)937-07I6 •FAX(952) 937-8635
May 1,2002
Honorable Mayor,Members of the City Council and City Staff,
Indicated in my cover letter to you was the fact that we added the adjacent Watson
property to Site A. This solves some issues for the Watsons and greatly improves access
issues off of Spring Road if this property were to be developed independently.
Site A now contains 139 homes versus 125. Adding the Watson property allows us to
present three housing types on the site instead of just two in the original Site A. We also
improved the exterior elevations that were presented to you in the Neighborhood Design
Manual created last November.
The amenities in this first site include a wonderful valley overlook structure, a
neighborhood tot lot, an open Neighborhood Green with a pergola and benchs, as well as
an enhanced entrance feature. We hope you will be pleased with these amenities and our
increased landscaping.
We intended on sending you these files to download on your computers but instead
thought you might enjoy the enclosed disc that you simply can insert in your computer,
and "walk" through our condensed proposal. The plans and specs are included in your
packets. The creative juices of the young professionals employed at Westwood
Professional Services prepared this disc. We would like your feedback about this format.
Dwight Jelle and Cory Meyer of Westwood will make the presentation to you. If you
have any questions about the product and marketing,Mark Sonstegard of Ryland Homes
will also be in attendance. Kathleen and Joseph Watson will also be present.
We are excited about moving forward with this first phase of Hennepin Village and
appreciate your continued support for this unique neighborhood.
Sincerely,
HENNEPIN VILLAGE LIMITED PARTNERSHIP
By The Pemtom Land Company
•
Daniel J. Her st
President
i5
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims May 7,2002
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development and Payment of Claims -C7—
Financial Services/Don Uram h.
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 109138-109704
Wire Transfers 1518-1532
Background Information
Attachments
City of Eden Prairie
Council Check Summary
517/2002
Division Amount
General 478,778
100 City Manager 9,623
101 Legislative 2,436
102 Legal Counsel 42,142
110 City Clerk 3,134
111 Customer Service 10,883
112 Human Resources 2,885
113 Communication Services 3
114 Benefits&Training 765
115 Risk Management 672
116 Facilities 20,430
117 City Center 1,372
130 Assessing 144
131 Finance 506
132 Housing,Trans,Social Service 10,706
133 Community Development -57
134 Heritage Preservation 36
135 Information Technology 6,048
136 Wireless Communication 30,275
150 Park Administration 6,871
151 Park Maintenance 9,568
152 Parks Capital Outlay 25,206
153 Athletic Programs 6,400
154 Community Center 43,665
156 Youth Programs 514
157 Special Events 2,788
158 Senior Center 2,402
159 Recreation Administration 50
160 Adaptive Recreation 1,025
161 Oak Point Pool 512
162 Arts 4,613
163 Park Facilities 3,625
180 Police 21,271
181 Telecommunicators 81
183 Civil Defense 133
184 Fire 10,657
185 Animal Control 226
186 Inspections 128
200 Engineering 6,377
201 Street Maintenance 11,466
202 Street Lighting 52,367
203 Fleet Services 36,754
204 Equipment Revolving 40,146
301 CDBG 7,863
302 HRA Fund 75
303 Cemetary Operation 657
308 E-911 1,464
311 Grant Fund 2,775
312 Recycle Rebate 20
314 Liquor Compliance 515
416 Certificate Debt Fund 8,000
502 Park Development 15,879
503 Utility Improvement 16,397
506 Improvment Bonds 1996 41,669
507 Construction Fund 57,155
509 CIP Fund 239,057
511 Construction Fund 66,876
601 Prairie Village Liquor 101,149
602 Den Road Liquor 215,756
603 Prairie View Liquor 124,431
701 Water Fund 208,410
702 Sewer Fund 180,681
703 Storm Drainage Fund 12,173
803 Escrow Fund 8,466
806 SAC Agency Fund 81,600
Report Totals 2,298,694
City of Eden Prairie
Council Check Register
5/7/2002
Check# Amount Vendor Account Description Business Unit
1518 127,036 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund
1519 24,185 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund
1520 14,294 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
1521 7,970 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
1522 869 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services
1523 63,260 MINNESOTA DEPT OF REVENUE Sales Tax Payable Den Road Liquor Store
1524 62,058 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund
1525 116,556 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund
1526 21,825 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund
1527 14,990 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
1528 8,000 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
1529 3,500 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund
1530 5,577 WELLS FARGO MINNESOTA N A Federal Taxes Withheld General Fund
1531 2,491 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund
1532 62,455 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund
109138 270 HARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program
• 109139 320 HARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program
109140 20 ASSN OF RECYCLING MANAGERS INC Dues&Subscriptions Recycle Rebate
109141 1,817 BENSHOOF&ASSOCIATES INC Deposits Escrow
109142 1,100 COMPUTER LAW SYSTEMS Building Rental Golden Triange Study
109143 93 DRZYMALA,RICHARD/MICHELLE Lessons&Classes Ice Arena
109144 75 FARICY-HOBSON,SHEILA Tuition Reimbursement/School Aquatics&Fitness Admin
109145 140 FEDEX Postage General
109146 1,400 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant
109147 88 GOPHER STATE ONE-CALL INC Other Contracted Services Water System Maintenance
109148 18,318 HONEYWELL ACS Other Contracted Services Water Treatment Plant
109149 125 INSTITUTE FOR PROFESSIONALS IN Operating Supplies Assessing
109150 280 MENARDS Repair&Maint.Supplies Water System Maintenance
109151 63 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund
109152 427 OFFICE DEPOT CREDIT PLAN Office Supplies General
109153 677 OLD LOG THEATER Special Event Fees Adult Program
109154 145 PETTY CASH-POLICE DEPT Travel Expense Police
109155 21 QUICKSILVER EXPRESS COURIER Postage General
109156 128 SAHU,AMITABHA AR Utility Water Enterprise Fund
109157 2,231 SCHARBER&SONS Machinery&Equipment Capital Outlay Parks
109158 2,206 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council
109159 410 STANDARD REGISTER Operating Supplies Finance
109160 239 VANDENBERGHE,MARK Travel Expense Police
109161 78 WERTS,SANDY Mileage&Parking Senior Center Administration
109162 300 AITKIN COUNTY SHERIFFS DEPARTM Deposits Escrow
109163 324 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance
109164 958 BECKER,DAVE Clothing&Uniforms Police
109165 1,051 BOB GILBERTSON ADVERTISING Fire Prevention Supplies Fire
109166 43 BRACE,LANCE Travel Expense Police
109167 29 CULLIGAN WATER Operating Supplies Fire
109168 300 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Police
109169 650 DPMS(TRAINING) Tuition Reimbursement/School Police
109170 139 DUPONT,BRENT Clothing&Uniforms Police
109171 99 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store
109172 3 FALK,KRIS Program Fee Winter Skill Development
109173 40 FIRE FINDINGS Dues&Subscriptions Police
109174 2,520 HENNEPIN COUNTY TREASURER-TAXP Licenses&Taxes Parks Administration
109175 312 HOLIDAY INN OF ST.CLOUD Travel Expense Police
109176 100 KLINE,JAMES Clothing&Uniforms Police
109177 90 LAKE SUPERIOR COLLEGE Tuition Reimbursement/School Fire
109178 52 LEROY JOB TRUCKING Other Contracted Services Animal Control
109179 1,187 METRO SALES INCORPORATED` Other Rentals General
109180 225 MILE Tuition Reimbursement/School Police
109181 6,279 MINNEGASCO Gas Fire Station#1
' 109182 40 MINNESOTA COMMERCE DEPARTMENT Licenses&Taxes Police
109183 129 MINNESOTA MULTI HOUSING ASSOC Licenses&Taxes Water Treatment Plant
109184 310 MINNESOTA ZOOMOBILE Other Contracted Services Environmental Education
109185 107 PAIN ENTERPRISES INC. Chemicals Pool Maintenance
109186 35 PAN,YUAN Program Fee Spring Skill Development
109187 191 PARKER,WARD Travel Expense Fire
3
City of Eden Prairie
Council Check Register
5/7/2002
Check# Amount Vendor Account Description Business Unit
109188 8,060 PARROTT CONTRACTING INC Other Contracted Services Storm Drainage Projects
109189 275 PETTY CASH Special Event Fees Special Events&Trips
109190 1,260 POST BOARD Licenses&Taxes Police
109191 4,454 QWEST Telephone E-911 Program
109192 100 RESERVE OFFICER TRAINING ASSOC Tuition Reimbursement/School Reserves
109193 192 SCHLOSSMACHER,JIM Clothing&Uniforms Police
109194 2,986 SHOWCASE BUILDERS INC Other Contracted Services 2000 Rehab
109195 / 1,317 US POSTMASTER-HOPKINS Postage Water Accounting
109196 453 ALL SAINTS BRANDS DISTRIBUTING Beer Prairie View Liquor Store
109197 140 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
109198 3,304 BELLBOY CORPORATION Liquor Den Road Liquor Store
109199 4,317 DAY DISTRIBUTING Beer Den Road Liquor Store
109200 4,904 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store
109201 11,693 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store
109202 96 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
109203 240 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
109204 634 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store
109205 6,967 GRIGGS COOPER&CO Liquor Den Road Liquor Store
109207 24,634 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
109208 1,824 LAKE REGION VENDING Tobacco Products Den Road Liquor Store
109209 10,668 MARK VII Beer Den Road Liquor Store
109210 865 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
109211 387 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store
109212 63 NORTH STAR ICE Misc Non-Taxable Den Road Liquor Store
109213 3,260 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store
109214 396 PEPSI COLA COMPANY Merchandise for Resale Concessions
109215 11,020 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store
109216 757 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store
109217 3,097 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
109218 19,055 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store
109219 268 SALUD AMERICA INC Wine Imported Den Road Liquor Store
109220 18,968 THORPE DISTRIBUTING Beer Den Road Liquor Store
109221 33 TRI COUNTY BEVERAGE&SUPPLY Beer Den Road Liquor Store
109222 360 VINTAGE ONE WINES INC Wine Imported Prairie View Liquor Store
109223 459 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
109224 6,698 WINE MERCHANTS INC Wine Imported Den Road Liquor Store
109225 4,217 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store
109226 60 BONESTROO ROSENE ANDERLIK&AS Conference Expense In Service Training
109227 35 EDWARDS,BERYL TAYLOR Events/Admission Fee Adaptive Recreation
109228 16,962 EF JOHNSON Capital Under$2,000 Wireless Communication
109229 17 FIKES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store
109230 300 FREEBORN CNTY SHERIFF'S DEPT Deposits Escrow
109231 100 GAME WORLD Other Contracted Services July 4th Celebration
109232 30,914 HINCKLEY CHEVROLET Autos Public Safety
109233 1,425 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
109234 2,088 JOHNSON,LAURA Repair&Maint,Supplies 2000 Rehab
109235 500 JONASON,MARTIN Other Contracted Services Arts Initiative
109236 21 LOFGREN HEATING&AC Mechanical Permits General Fund
109237 90 LUND POURED WALLS Road Weight Restrictions General Fund
109238 219,698 LYNCH DISPLAY VANS INC Autos Capital Impr./Maint.Fund
109239 2,789 MICHNOWSKI,FRAN Repair&Maint.Supplies 2000 Rehab
109240 1,453 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
109241 76 NS/I MECHANICAL Cash Over/Short General Fund
109242 69 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Fire
109243 2,779 RICHFIELD,CITY OF Autos Public Works
109244 102 RITZ CAMERA Video&Photo Supplies Human Resources
109245 57 STATE OF MINNESOTA Operating Supplies Fleet Services
109246 436 VERIZON DIRECTORIES CORP Advertising Prairie View Liquor Store
109247 120 W.E.POUR WALLS INC Road Weight Restrictions General Fund
109248 152 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Den Road Liquor Store
109249 25 COSTELLO,DOLORES Program Fee Senior Center Program
109250 1,000 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow
109251 18 DISH NETWORK Cable TV Ice Arena
109252 8,000 DORSEY&WHITNEY LLP Bond Issue Costs $1,000,000 G.O.Bonds-2002A
109253 50 EDHLUND,ERIC Operating Supplies Concessions
City of Eden Prairie
Council Check Register
5/7/2002
Check# Amount Vendor Account Description Business Unit
109254 162 EINSTEIN BAGELS Miscellaneous Human Resources
109255 441 GOLDEN RULE CREATIONS Clothing&Uniforms Fire
109256 87 HAMMERSCHMIDT,RICK Building Surcharge General Fund
109257 316 HARRINGTON,MIKE Video&Photo Supplies Police
109258 95 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
109259 555 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant
109260 80 LAWSON,GREG Other Contracted Services Cummins House Special Events
109261 40 LEAGUE OF MINNESOTA CITIES Conference Expense In Service Training
109262 57 MENARDS Operating Supplies Police
109263 613 METRO SALES INCORPORATED* Other Rentals General
109264 80,784 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
109265 56 MINNCOMM PAGING Pager&Cell Phone Sewer Liftstation
109266 720 MINNESOTA POLLUTION CONTROL AG Design&Engineering Capital Impr./Maint.Fund
109267 6,682 MINNESOTA STATE TREASURER Building Surcharge General Fund
109268 902 MITCHELL,JULIE Other Contracted Services Police
109269 200 MOE,JANET Video&Photo Supplies Human Resources
109270 46 MUMM PRODUCTS INC Operating Supplies Den Road Liquor Store
109271 3,736 NILSSON,BETH Instructor Service Ice Show
109272 120 OLSEN,JAMEY Other Contracted Services Cummins House Special Events
109273 25 OLSON,GRACE Program Fee Senior Center Program
109274 25 PASCHKE,LUCILLE Program Fee Senior Center Program
109275 58 PHOTOS INC Video&Photo Supplies Human Resources
109276 1,187 PORTER,OMER T Other Contracted Services Fitness Classes
109277 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General
109278 800 RATEIKE,MARILYN JANE Other Contracted Services Art&Music
109279 439 REBS MARKETING Other Contracted Services Water Accounting
109280 18 RHEAUME,BETTY Lessons&Classes Heritage Preservation
109281 66 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Human Resources
109282 2,683 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk
109283 50 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration
109284 821 THERKELSEN,GARY Travel Expense Police
109285 68 UTING,NICOLE Building Materials Park Maintenance
109286 33 VANDERGON,CAROL Lessons&Classes Oak Point Lessons
109287 18 WAHL,WAYNE Lessons&Classes Heritage Preservation
109288 166 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Prairie Village Liquor Store
109289 25 WINKEL,DORTHA Program Fee Senior Center Program
109290 2,775 ADTECH COMMUNICATIONS GROUP Other Contracted Services Grant Fund
109291 133 BEARMAN,BILL Deposits Escrow
109292 252 BENT CREEK COVE HOMEOWNERS ASS AR Utility Water Enterprise Fund
109293 100 BOLD,PAULINE Instructor Service Outdoor Center
109294 15 EXPRESS MESSENGER SYSTEMS INC Postage General
109295 100 FREY,TERRI GEIGER Instructor Service Outdoor Center
109296 5 MATTHEWS,BARB Program Fee Outdoor Center
109297 135 MN DNR Other Contracted Services Outdoor Center
109298 7,295 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
109299 9,254 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
109300 5 RUCKER,MICHELLE Program Fee Outdoor Center
109301 60 SENSIBLE LAND USE COALITION Miscellaneous In Service Training
109302 22 STAR TRIBUNE Misc Non-Taxable Prairie View Liquor Store
109303 2,265 STATE OF MINNESOTA Autos Public Safety
109304 40 TRAPP,SUZANNE Instructor Service Outdoor Center
109305 100 AAKHUS,GREG Refunds Environmental Education
109306 200 AKSAMIT,RAND Refunds Environmental Education
109307 100 BEATON,CARRIE Refunds Environmental Education
109308 100 CHRISTENSEN,JOANN Refunds Environmental Education
109309 100 CRAIG,RICHARD Refunds Environmental Education
109310 5 ENGELMAN,VIRGINIA Program Fee Senior Center Program
109311 10 FLOREY,JAMES Lessons&Classes Oak Point Lessons
109312 35 GARIN,CINDY Lessons&Classes Fitness Classes
109313 100 GOTHAM,DAVID Refunds Environmental Education
109314 100 HANSEN,THOR Refunds Environmental Education
109315 66 HARRIS,LORI Program Fee Spring Skill Development
109316 100 JOHNSON,JAN Refunds Environmental Education
109317 38 LEWIS,CELESTE Program Fee Spring Skill Development
109318 100 LUTZ,STEPHEN Refunds Environmental Education
5
City of Eden Prairie
Council Check Register
5/7/2002
Check# Amount Vendor Account Description Business Unit
109319 1,074 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting
109320 35 NEWELL,PATRICIA Lessons&Classes Fitness Classes
109321 100 PETERSON,ALLEN Refunds Environmental Education
109322 100 SAXTON,JILL Refunds Environmental Education
109323 100 SORENSEN,AMY Refunds Environmental Education
109324 100 THORNTON,JEANNE Refunds Environmental Education
109325 714 VERIZON WIRELESS BELLEVUE Pager&Cell Phone Police
109326 100 WARD,MARIANNE Refunds Environmental Education
109327 35 WERMAN,JESSICA Lessons&Classes Fitness Classes
109328 200 ZARLING,CHRISTINE Refunds Environmental Education
109329 35 ZELLER,DEBBIE Lessons&Classes Fitness Classes
109330 68 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store
109331 286 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store
109332 140 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store
109333 1,776 BELLBOY CORPORATION Liquor Den Road Liquor Store
109334 791 COMMANDEUR LLC Wine Imported Den Road Liquor Store
109335 6,308 DAY DISTRIBUTING Beer Den Road Liquor Store
109336 6,357 EAGLE WINE COMPANY Wine Domestic Prairie Village Liquor Store
109337 7,844 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store
109338 279 GRAND PERE WINES INC Wine Imported Den Road Liquor Store
109339 1,288 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store
109340 18,418 GRIGGS COOPER&CO Liquor Den Road Liquor Store
109341 231 HOHENSTEINS INC Beer Den Road Liquor Store
109342 11,252 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store
109343 1,565 LAKE REGION VENDING Tobacco Products Den Road Liquor Store
109344 10,092 MARK VII Beer Den Road Liquor Store
109345 544 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
109346 138 NORTH STAR ICE Misc Non-Taxable Prairie Village Liquor Store
109347 6,635 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store
109348 1,441 PEPSI COLA COMPANY Merchandise for Resale Concessions
109349 11,442 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
109350 607 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store
109351 2,743 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
109352 5,739 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store
109353 16,140 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
109354 2,932 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
109355 250 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
109356 1,152 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store
109357 17 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store
109358 48 BCA CJIS ID UNIT Other Contracted Services Finance
109359 68 BERG,JENNIFER J. Other Contracted Services Liquor Compliance
109360 175 CONSTRUCTION BULLETIN Operating Supplies Engineering
109361 81 COPY EQUIPMENT INC Operating Supplies Engineering
109362 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance Information Technology
109363 84 DNR FISHERIES Operating Supplies Park Maintenance
109364 1,620 E.P.F.S. Other Contracted Services Cummins House Special Events
109365 371 HENNEPIN COUNTY ITT DEPT Software Maintenance Information Technology
109366 60 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
109367 135 HOME DEPOT/GECF Cleaning Supplies General Facilities
109368 68 KING,STEPHEN Other Contracted Services Liquor Compliance
109369 68 LAVEN,SONJA Other Contracted Services Liquor Compliance
109370 70 LECC Conference Expense Civil Defense
109371 38 M SHANKEN COMMUNICATIONS INC Misc Non-Taxable Prairie View Liquor Store
109372 1,280 M.L.E.E.A. Miscellaneous Reserves
109373 102 MILLARD,CHRIS Clothing&Uniforms Police
109374 111 MINN STADMIN ITG TELECOM SERV Software Maintenance Information Technology
109375 40 MINNESOTA POLLUTION CONTROL AG Conference Expense Water Utility-General
109376 265 MINNESOTA SAFETY COUNCIL Conference Expense In Service Training
109377 100 OLSON,ROBERT Clothing&Uniforms Police
109378 245 PETTY CASH-POLICE DEPT Operating Supplies Liquor Compliance
109379 81 POGATCHNIK,MARCI Clothing&Uniforms Telecommunicators
109380 15,524 RELIANT ENERGY RETAIL INC. Gas Maintenance
109381 57 RUMFORD,JOAN Operating Supplies Senior Center Program
109382 62 THIELMAN,MARC Mileage&Parking General Facilities
109383 271 US POSTMASTER-HOPKINS Postage Senior Center Program
(r.
City of Eden Prairie
Council Check Register
5/7/2002
Check# Amount Vendor Account Description Business Unit
109384 256 W W GRAINGER Equipment Parts Fleet Services
109385 68 WELDIN,WILL Other Contracted Services Liquor Compliance
109386 199 WYFFELS,BILL Clothing&Uniforms Police
109387 2,100 XCEL ENERGY Principal Traffic Signals
109388 48 BCA CJIS ID UNIT Other Contracted Services Finance
109389 138 BENIK,JOHN Travel Expense Fire
109390 65 BOYLES,TYLER Lessons&Classes Pool Lessons
109391 20,942 C&M FORD SALES INC Autos Capital Outlay Parks
109392 75 CARS Hope Loan Receivable Hope Loan Auto Repair
109393 332 DARTNELL CORPORATION,THE Training Supplies Sewer Utility-General
109394 88 DEMING,GARY Lessons&Classes Oak Point Lessons
109395 197 GE CAPITAL Other Rentals General
109396 87 HENNEPIN COUNTY Waste Disposal Park Maintenance
109397 11 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
109398 230 LEAGUE MN CITIES INS TRUST Insurance Risk Management
109399 395 MCCARVILLE,SUE Computers Water Treatment Plant
109400 873 METRO SALES INCORPORATED* Other Rentals General
109401 60 METROPOLITAN COUNCIL Conference Expense City Council
109402 175,652 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General
109403 55 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Utility-General
109404 15 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant
109405 2,900 MRPA Special Event Fees Softball
109406 203 OBERLANDER,SCOTT Travel Expense Fire
109407 53 RICHARDSON,JIM Other Contracted Services Fire
109408 2,433 RICHFIELD,CITY OF Autos Capital Outlay Parks
109409 50 TCALMC Conference Expense In Service Training
109410 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant
109411 98 URNES,RONDA Program Fee Camps
109412 256 VICTORIA REPAIR&MFG Small Tools Sewer System Maintenance
109413 1,224 XCEL ENERGY Electric Water Treatment Plant
109414 49,399 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution
109415 441 PARK NICOLLET CLINIC Other Contracted Services Risk Management
109416 98,152 XCEL ENERGY Electric Street Lighting
109417 165 ARMOR SECURITY INC. Other Contracted Services Park Maintenance
109418 50 BOLD,PAULINE Instructor Service Outdoor Center
109419 70 CARDARELLE,CONNIE Lessons&Classes Fitness Classes
109420 14 CONLON,RICHARD Program Fee Outdoor Center
109421 10 CVETNIC,BARB Lessons&Classes Pool Lessons
109422 96 DEGREE,BETH Operating Supplies Fitness Classes
109423 1,230 EDEN PRAIRIE HIGH SCHOOL Instructor Service Outdoor Center
109424 120 FIOCK,STEVEN Program Fee Arts Camp
109425 7 FORD,GERARD Program Fee Outdoor Center
109426 5 HARRISON,KAREN Lessons&Classes Pool Lessons
109427 1,649 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signals
109428 10 HONN,JACKIE Program Fee Senior Center Program
109429 66 MATSON,GAIL Program Fee Spring Skill Development
109430 20 MELTER,MARK Lessons&Classes Ice Arena
109431 75 NORTHWEST TECHNICAL COLLEGE Tuition Reimbursement/School Fire
109432 600 OLSEN,PAUL Instructor Service Outdoor Center
109433 75 PADDLE MASTERS Instructor Service Outdoor Center
109434 300 PETTY CASH Mileage&Parking Police
109435 70 QUICKSILVER EXPRESS COURIER Postage General
109436 15 RICHFIELD,CITY OF Autos Capital Impr./Maint.Fund
109437 600 ROTH,ANDREW J. Instructor Service Outdoor Center
109438 180 SE MINNESOTA EMS Tuition Reimbursement/School Fire
109439 44 SMEDLEY,PAMELA Lessons&Classes Oak Point Lessons
109440 600 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire
109441 10 SWART,JUNE MCQUARRIE Program Fee Outdoor Center
109442 53 TEKIELA,STAN Operating Supplies Outdoor Center
109443 106 TOLL GAS AND WELDING SUPPLY Equipment Repair&Maint Park Maintenance
109444 51 TRAPP,SUZANNE Instructor Service Outdoor Center
109445 5 WACHUTKA,MISSY Lessons&Classes Pool Lessons
109446 215 ALL SAINTS BRANDS DISTRIBUTING Beer Den Road Liquor Store
109447 100 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
109448 1,463 BELLBOY CORPORATION Liquor Den Road Liquor Store
1-
City of Eden Prairie
Council Check Register
5/7/2002
Check# Amount Vendor Account Description Business Unit
109449 7,778 DAY DISTRIBUTING Beer Den Road Liquor Store
109450 7,453 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store
109451 10,279 EAST SIDE BEVERAGE COMPANY Beer Den Road Liquor Store
109452 320 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
109453 12,634 GRIGGS COOPER&CO Liquor Prairie View Liquor Store
109455 18,165 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store
109456 1,982 LAKE REGION VENDING Tobacco Products Den Road Liquor Store
109457 5,617 MARK VII Beer Den Road Liquor Store
109458 427 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
109459 138 NORTH STAR ICE Misc Non-Taxable Den Road Liquor Store
109460 427 PAUSTIS&SONS COMPANY Beer Den Road Liquor Store
109461 13,034 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store
109462 646 PINNACLE DISTRIBUTING Operating Supplies Den Road Liquor Store
109463 2,976 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store
109464 7,809 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store
109465 8,901 THORPE DISTRIBUTING Beer Den Road Liquor Store
109466 374 WINE COMPANY,THE Wine Domestic Den Road Liquor Store
109467 2,496 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store
109468 290 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Program
109469 50 BOLD,PAULINE Instructor Service Outdoor Center
109470 50 BURNSVILLE LANDFILL Waste Disposal Park Maintenance
109471 150 CARDARELLE,DAWN Other Contracted Services Accessibility
109472 37 EDHLUND,ERIC Operating Supplies Ice Show
109473 77 HEADLINE,REBECCA Operating Supplies Ice Show
109474 410 JAMAR TECHNOLOGIES INC Operating Supplies Engineering
109475 92 KAPSNER,PAUL Operating Supplies Ice Show
109476 139 KRESS,CARLA Mileage&Parking Adaptive Recreation
109477 25 MCDONALDS Deposits Escrow
109478 1,493 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund
109479 36 MINNESOTA DEPT OF PUBLIC SAFET Bike Registrations General Fund
109480 80 MINNESOTA POLLUTION CONTROL AG Conference Expense In Service Training
109481 90 MINNESOTA POST BOARD Licenses&Taxes Police
109482 175 NASW-MN Conference Expense In Service Training
109483 425 NESS,BRENDA Operating Supplies Ice Show
109484 16 NILSSON,BETH Operating Supplies Ice Show
109485 252 PARK VACUUM Equipment Repair&Maint Den Road Liquor Store
109486 13 STATE OF MINNESOTA Operating Supplies Fleet Services
109487 200 KEISKI,DAVID Other Contracted Services City Council
109488 18 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Services
109489 88 AMERICAN RED CROSS Training Supplies Pool Operations
109490 1,032 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General
109491 1,755 ANCHOR PAPER COMPANY Office Supplies General
109492 350 ANCHOR PRINTING COMPANY Printing Adaptive Recreation
109493 55 AQUA CITY PLUMBING AND HEATING Building Repair&Maint. Water Treatment Plant
109494 170 AQUA ENGINEERING INC Operating Supplies Street Maintenance
109495 692 AQUA LOGIC INC Equipment Repair&Maint Pool Maintenance
109496 24 ARMOR SECURITY INC. Building Repair&Maint. Outdoor Center
109497 1,001 ASPEN CARPET CLEANING Building Repair&Maint. Den Road Liquor Store
109498 3,160 ASPEN EQUIPMENT CO. Machinery&Equipment Public Works
109499 595 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police
109500 4,000 BACKFLOW MANAGEMENT INC Software Water Utility-General
109501 11 BALDWIN SUPPLY COMPANY Equipment Parts Water Treatment Plant
109502 160 BAN-KOE SYSTEMS INC Office Supplies Community Center Admin
109503 70 BATTERY STORE INC,THE Operating Supplies Sewer Utility-General
109504 1,018 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Services
109505 425 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena
109506 2,024 BENSHOOF&ASSOCIATES INC Deposits Escrow
109507 88 BERRY COFFEE COMPANY Operating Supplies Fire
109508 1,580 BIFFS INC Waste Disposal Park Maintenance
109509 85 BITSTREAM UNDERGROUND LLC Other Contracted Services Airport
109510 1,480 BLACK&VEATCH Other Contracted Services Water Treatment Plant
109511 125 BLOOMINGTON SECURITY SOLUTIONS Small Tools Fire
109512 1,406 BONESTROO ROSENE ANDERLIK&AS Design&Engineering Storm Drainage Projects
109513 3,280 BRAUN INTERTEC CORPORATION Improvements to Land Park Acquisition&Development
109514 464 BRIN NORTHWESTERN GLASS COMPAN Equipment Repair&Maint Prairie Village Liquor Store
City of Eden Prairie
Council Check Register
5/7/2002
Check# Amount Vendor Account Description Business Unit
109515 1,015 BROWN,PAUL Other Contracted Services Volleyball
109516 209 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services
109517 71 CATCO CLUTCH&TRANSMISSION SE Equipment Parts Fleet Services
109518 2,566 CDW GOVERNMENT INC. Other Hardware Information Technology
109519 120 CENTER FOR EVALUATION RESEARCH Employment Support Test Human Resources
109520 925 CHANHASSEN BUMPER TO BUMPER Equipment Parts Fleet Services
109521 1,788 CIDERTECH Other Contracted Services Records Management
109522 2,670 CLAREYS INC Clothing&Uniforms Fire
109523 242 CLASS SOFTWARE SOLUTIONS Office Supplies Community Center Admin
109524 300 CLOSED CIRCUIT SPECIALISTS INC Equipment Repair&Maint Police
109525 718 CONNEY SAFETY PRODUCTS Protective Clothing Water Treatment Plant
109526 318 CONSTRUCTION BULLETIN Legal Notices Publishing Charlson Area Construction
109527 454 CONTINENTAL SAFETY EQUIPMENT Safety Supplies Sewer System Maintenance
109528 127 COPY EQUIPMENT INC Operating Supplies Snow&Ice Control
109529 1,211 CORPORATE EXPRESS Office Supplies General
109530 28 CROWN MARKING INC Operating Supplies General
109531 169 CUB FOODS EDEN PRAIRIE Operating Supplies Police
109532 884 CUMMINS NORTH CENTRAL INC Equipment Parts Fleet Services
109533 8,320 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant
109534 1,018 CY'S UNIFORMS Clothing&Uniforms Police
109535 153 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance
109536 14 DAY-TIMER Office Supplies Senior Center Administration
109537 854 DECORATIVE DESIGNS INC Other Contracted Services City Center Operations
109538 650 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary
109539 448 DRISKILLS NEW MARKET Operating Supplies Fire
109540 2,389 DYNA SYSTEMS Repair&Maint.Supplies Water System Maintenance
109541 3,154 EARL F ANDERSEN INC Signs Traffic Signs
109542 101 ECOLAB INC Building Repair&Maint. Maintenance
109543 1,314 EDINA SW PLUMBING Other Contracted Services Prairie Village Liquor Store
109544 799 EF JOHNSON Equipment Parts Wireless Communication
109545 1,233 EXTENDO BED CO INC Capital Under$2,000 Fleet Services
109546 915 FACILITY SYSTEMS INC Capital Under$2,000 Capital Impr./Maint.Fund
109547 2,268 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery
109548 97 FASTSIGNS Operating Supplies Water Treatment Plant
109549 76 FEDEX Postage General
109550 691 FERRELLGAS Motor Fuels Outdoor Center
109551 51 FIKES HYGIENE SERVICES Operating Supplies Den Road Liquor Store
109552 48 FIRE INSTRUCTORS ASSN OF MN Tuition Reimbursement/School Fire
109553 256 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
109554 1,772 FORKLIFTS OF MINNESOTA INC Other Contracted Services Sewer Utility-General
109555 636 G&K SERVICES DIRECT PURCHASE Clothing&Uniforms Fleet Services
109556 200 GATES,KATHY Other Contracted Services Police
109557 2,054 GENERAL MUSIC INC Capital Under$2,000 Summer Theatre
109558 1,240 GENERAL REPAIR SERVICE Equipment Repair&Maint Water Treatment Plant
109559 82 GINA MARIAS INC Operating Supplies Police
109560 53 GIRARD'S BUSINESS MACHINES INC Office Supplies General
109561 479 GRAZZINI BROTHERS&COMPANY Building Repair&Maint. Maintenance
109562 419 HACH COMPANY Operating Supplies Water Treatment Plant
109563 29,122 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development
109564 255 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services
109565 2,936 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant
109566 232 HAYDEN-MURPHY EQUIPMENT COMPAN Equipment Parts Fleet Services
109567 774 HCMC-EMS EDUCATION Tuition Reimbursement/School Police
109568 488 HEAD LITES CORPORATION Protective Clothing Water System Maintenance
109569 99 HENNEPIN COUNTY TREASURER Operating Supplies Community Development
109570 66 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
109571 780 HOLMES,JOHN CARTER Other Contracted Services Volleyball
109572 260 HOLMES,TOM Other Contracted Services Volleyball
109573 6,705 HONEYWELL INC. Other Contracted Services Water Treatment Plant
109574 720 HUDSON MAP COMPANY Operating Supplies Sewer Utility-General
109575 925 HYDROLOGIC Operating Supplies Park Maintenance
109576 469 ICERINK SUPPLY CO Repair&Maint Supplies Ice Arena
109577 123 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance
109578 234 IDEXX DISTRIBUTION CORP Operating Supplies Water System Maintenance
109579 331 IND SCHOOL DIST 272 Transportation Wheelchair Basketball
9
City of Eden Prairie
Council Check Register
5/7/2002
Check# Amount Vendor Account Description Business Unit
109580 200 INDUSTRIAL CONTAINER SERVICES Operating Supplies Police
'109581 1,894 INDUSTRIAL FLOOR MAINTENANCE I Operating Supplies Park Maintenance
109582 2,091 INGRAHAM&ASSOC Improvements to Land Park Acquisition&Development
109583 8,000 INSPEC INC. Building Capital Impr./Maint.Fund
109584 101 IPC Operating Supplies Police
109585 1,463 J H LARSON ELECTRICAL COMPANY Repair&Maint.Supplies Public Works/Parks
109586 432 J J KELLER&ASSOCIATES INC Training Supplies Water Utility-General
109587 262 J&W INSTRUMENTS INC Operating Supplies Water Treatment Plant
109588 3,865 JAMAR TECHNOLOGIES INC Capital Under$2,000 Engineering
109589 2,820 JANEX INC Cleaning Supplies General Facilities
109590 563 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant
109591 1,598 KD KANOPY Capital Under$2,000 Arts
109592 299 KINKO'S Office Supplies Softball
109593 6,476 KOENIG EQUIPMENT&SONS INC Equipment Repair&Maint Fleet Services
109594 9,361 KONTRON MOBILE COMPUTING Capital Under$2,000 Wireless Communication
109595 641 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Treatment Plant
109596 196 LAB SAFETY SUPPLY INC Protective Clothing Water Treatment Plant
109597 117 LAKE COUNTRY DOOR Repair&Maint.Supplies Fire
109598 1,355 LAKELAND FORD TRUCK SALES Equipment Parts Fleet Services
109599 5,011 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Services
109600 5,234 LANDFORM ENGINEERING COMPANY Improvement Contracts Capital Impr./Maint.Fund
109601 76 LANO EQUIPMENT INC Equipment Parts Fleet Services
109602 450 LHB ENGINEERS&ARCHITECTS Other Contracted Services Police Building
109603 1,919 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Services
109604 903 LYMAN LUMBER COMPANY Building Materials Outdoor Center
109605 145 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Services
109606 600 MARTIN-MCALLISTER Employment Support Test Human Resources
109607 126 MAXI-PRINT INC Printing Police
109608 1,326 MENARDS Repair&Maint.Supplies Water Treatment Plant
109609 278 MES INC Operating Supplies Fire
109610 833 METALS JOINING LAB CO INC Equipment Parts Sewer System Maintenance
109611 1,653 METRO FIRE Small Tools Fire
109612 205 METROPOLITAN FORD Equipment Repair&Maint Fleet Services
109613 25 MIKE'S SHOE REPAIR INC Protective Clothing Fire
109614 279 MINN BLUE DIGITAL Operating Supplies Engineering
109615 44 MINNESOTA CONWAY Small Tools Fire
109616 1,239 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General
109617 40 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance
109618 605 MOORE MEDICAL CORP Safety Supplies Fire
109619 75 MORLEY BURNETT Equipment Repair&Maint Maintenance
109620 147 MRCI Operating Supplies Police
109621 1,009 MTI DISTRIBUTING INC Equipment Parts Fleet Services
109622 1,468 MUNICILITE Capital Under$2,000 Fleet Services
109623 2,502 MWH AMERICAS INC Design&Engineering Storm Drainage Projects
109624 1,556 NATIONWIDE ADVERTISING SERVICE Employment Advertising Human Resources
109625 595 NEW EAGLE INTERNATIONAL Operating Supplies Police
109626 55 NORTH MEMORIAL HEALTH CARE Tuition Reimbursement/School Police
109627 99 NORTHERN TOOL&EQUIPMENT CO. Equipment Parts Water Treatment Plant
109628 41 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire
109629 202 OLSEN COMPANIES Repair&Maint.Supplies Sewer System Maintenance
109630 52 PAGING&WIRELESS SERVICE CENT Equipment Repair&Maint Wireless Communication
109631 48 PAPER DIRECT INC Office Supplies General
109632 34 PAPER WAREHOUSE Operating Supplies Senior Center Program
109633 13,456 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance
109634 350 PEPPER OF MINNEAPOLIS Operating Supplies Art&Music
109635 9,623 PERSONNEL DECISIONS INTL Other Contracted Services City Manager
109636 2,629 PETERSON ENVIRONMENTAL CONSULT Design&Engineering Construction Fund
109637 53 PETSMART Canine Supplies Police
109638 391 PIONEER RIM&WHEEL CO Equipment Parts Fleet Services
109639 578 POSITIVE PROMOTIONS Fire Prevention Supplies Fire
109640 3,062 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Treatment Plant
109641 400 PRAIRIE HOME REMODELING Capital Under$2,000 Fire
109642 277 PRAIRIE LAWN AND GARDEN Equipment Parts Park Maintenance
109643 297 PRAIRIE OFFSET PRINTING Printing Fire
109644 509 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena
It,
City of Eden Prairie
Council Check Register
5/7/2002
Check# Amount Vendor Account Description Business Unit
109645 296 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services
109646 3,068 PUBLIC SAFETY EQUIPMENT CO Capital Under$2,000 Fleet Services
109647 241 R&R MARINE INC Capital Under$2,000 Fleet Services
109648 190 RAINBOW FOODS INC. Operating Supplies Senior Center Program
109649 881 RIGID HITCH INCORPORATED Equipment Parts Fleet Services
109650 31 RITZ CAMERA Video&Photo Supplies Arts
109651 11,835 RMR SERVICES INC Equipment Parts Water Meter Repair
109652 130 RUMPCA CO INC Waste Disposal Tree Removal
109653 670 SANCO CLEANING SUPPLIES Cleaning Supplies Water Treatment Plant
109654 100 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services
109655 844 SEELYE PLASTICS INC Building Repair&Maint. Water Treatment Plant
109656 73 SHERWIN-WILLIAMS Operating Supplies Street Maintenance
109657 576 SHINGOBEE Building Repair&Maint. Ice Arena
109658 83,526 SHORT ELLIOT HENDRICKSON INC Design&Engineering Construction Fund
109659 379 SIMONE ENGINEERING Equipment Parts Water Treatment Plant
109660 503 SNAP-ON TOOLS Small Tools Water Treatment Plant
109661 1,020 SNELL MECHANICAL INC Equipment Repair&Maint Maintenance
109662 1,124 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology
' 109663 6,438 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing,Trans,&Human Sery .
109664 212 SPARTAN MOTORS Equipment Parts Fleet Services
109665 98 SPS COMPANIES Repair&Maint.Supplies Water System Maintenance
109666 73,653 SRF CONSULTING GROUP INC Design&Engineering Charlson Area Construction
109667 69 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Services
109668 338 STAIRMASTER HEALTH&FITNESS P Equipment Repair&Maint Fitness Center
109669 245 STAN MORGAN &ASSOCIATES INC. Operating Supplies Prairie View Liquor Store
109670 214 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services
109671 1,155 STREICHERS Clothing&Uniforms Police
109672 1,257 SUBURBAN CHEVROLET GEO Autos Fleet Services
109673 60 SUBURBAN PROPANE Motor Fuels Fleet Services
109674 222 SULLIVANS UTILITY SERVICES INC Waste Disposal Public Works/Parks
109675 10,650 SUMMIT ENVIROSOLUTIONS Other Contracted Services Utility Improvement Fund
109676 1,353 SUNSET PRINTING Fire Prevention Supplies Fire
109677 141 SURVIVALINK CORP Operating Supplies Police
109678 125 SWEDLUNDS Waste Disposal Park Maintenance
109679 1,801 SYSTEM CONTROL SERVICES Equipment Repair&Maint Well 14
109680 2,000 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery
109681 146 TESSCO Operating Supplies Wireless Communication
109682 44 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Water System Maintenance
109683 1,559 TRANS ALARM INC Building Repair&Maint. Water Treatment Plant
109684 82,611 TRAUT WELLS Equipment Repair&Maint Water Well#6
109685 85 TRI-CITY/WILLIAM LLOYD ANALYTI Other Contracted Services Park Maintenance
109686 114 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services
109687 674 UNIFORMS UNLIMITED Clothing&Uniforms Police
109688 387 UNITED LABORATORIES Cleaning Supplies Water Treatment Plant
109689 84 UNITED RENTALS-HT BRANCH#229 Safety Supplies Water System Maintenance
109690 3,218 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services
109691 30 US CAVALRY Canine Supplies Police
109692 512 US FILTER/WATERPRO Repair&Maint.Supplies Water System Maintenance
109693 4,400 VALLEY RICH CO INC Other Contracted Services Water System Maintenance
109694 173 VOSS LIGHTING Repair&Maint.Supplies Maintenance
109695 40 VWR INTERNATIONAL INC Operating Supplies Water Treatment Plant
109696 1,647 W W GRAINGER Building Repair&Maint. Maintenance
109697 1,062 WATER SPECIALITY OF MN INC Chemicals Pool Maintenance
109698 1,949 WATSON CO INC,THE Merchandise for Resale Concessions
109699 106 WAYTEK INC Operating Supplies Park Maintenance
109700 109 WEST WELD Equipment Parts Fleet Services
109701 523 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services
109702 2,019 WESTWOOD PROFESSIONAL SERVICES Building Capital Impr./Maint.Fund
109703 1,480 ZAHN,GERALD Other Contracted Services Volleyball
109704 2,351 ZIEGLER INC Equipment Repair&Maint Fire Station#1
2,298,694 Grand Total
II
CITY COUNCIL AGENDA DATE:
May 7,2002
SECTION: Petitions,Requests and Communications
SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C.98-5474 ITEM NO.:
Engineering Services Designate Trail Improvements and Street M L A ,
Alan D. Gray Width for Crestwood Terrace Neighborhood
Eugene A.Dietz
Requested Action
Move to: Proceed with an 8-foot trail in the Settler's Ridge/Park Corridor and option •
(pick one) for street width and pedestrian facilities south of the Park Corridor
Trail.
A. 28-foot street and 8-foot trail(staff recommendation)
B. 28-foot street and 5-foot sidewalk
C. 28-foot street and no pedestrian system
D. 32-foot street and 8-foot trail
E. 32-foot street and 5-foot sidewalk
F. 32-foot street and no pedestrian system(neighborhood preference)
Synopsis
Residents of the Crestwood Terrace Neighborhood are requesting that trail improvements be
deleted from the current plans and street widths be increased from 28 feet to 32 feet. These
changes may be incorporated into final plans distributed to contractors for bidding purposes.
The trail that ultimately will link Settler's Ridge to the Crestwood Park is essential and not
proposed as an option.
Background Information
The Crestwood Terrace Neighborhood has existed as a somewhat isolated neighborhood
surrounded by farms in southwest Eden Prairie for 30 years. The existing streets are 32 feet wide
with no sidewalks or trails. The majority of residents prefer that the new neighborhood
infrastructure be similar to the current infrastructure. Resident surveys and a detailed
memorandum are attached. Council may designate the street width and level of trail
improvements considering staff recommendations and resident desires.
Staff will be present to further elaborate on the options and recommendations.
Attachments
Memorandum
March Resident Survey Results
Current Resident Survey/Petition
Neighborhood Trail Map
MEMORANDUM
0 To: Mayor and City Councilmembers
Through: Eugene A. Dietz, Director of Public Works Services
From: Alan D. Gray, City Engineer
Date: April 30, 2002
Subject: Crestwood Terrace Improvements
Eden Prairie I.C. 98-5474
On May 7,2002 the Council will consider modifications to the plans and specifications for Crestwood Terrace
regarding street width and trail improvements.
The attached Figure 1 shows the proposed street and trail improvements along Crestwood Terrace. Trails shown
in red are considered the highest priority since they connect neighborhoods with the neighborhood park currently
under construction on Parcel 52. Trails shown in green are neighborhood level trails within the Crestwood Terrace
project.
In March a survey was mailed to 51 property owners along Crestwood Terrace to obtain their opinion regarding
the trails shown in green. The survey results are attached. Twenty of twenty-nine returned surveys opposed any
pedestrian facility along the green segments.
On April 11,2002 City staff hosted a neighborhood meeting to better inform residents of the potential impacts of
trail construction. The street and trail alignment was available for residents to view. The design was able to
incorporate a 28-foot residential and 8-foot bituminous trail without increasing tree loss on the project. Tree loss
on the project is due to sanitary sewer construction.
Since this meeting the neighborhood has participated in their own follow-up survey(see attached results). This
survey shows very little support for sidewalk or trail and a strong preference for 32-foot wide streets and the larger
cul-de-sacs. The construction plans currently have the large cul-de-sacs with 28-foot streets and the full trail system
as depicted on Figure 1 (red and green).
Staff recommends the plans as submitted with 28-foot wide streets, large cul-de-sacs and full trail improvements.
Staff believes that once constructed the majority of current and future residents will value and enjoy a full trail
system and final 28-foot streets adequate in width. Without the actual experience of neighborhood trails,current
residents are uncomfortable with their introduction. Council may modify the plans as submitted or proceed with
current design.
•
CRESTWOOD TERRACE NEIGHBORHOOD SURVEY
LEVEL 2—TRAIL IMPROVEMENTS
March 7,2002
Survey Results (as of March 7,2002)
• Favor 8-foot bituminous trail 5
• Favor 5-foot concrete sidewalk 4
• Favor no Level 2 pedestrian facilities 20
Total responses 29
Total surveys mailed 51
Typical comments from surveys favoring additional pedestrian facilities:
• Trail or sidewalk will improve safety •
• Try to offset street to north if trail installed on south side
• Concrete would have better appearance
Typical comments from surveys opposing additional pedestrian facilities
• Not needed—very little pedestrian or bicycle traffic. Pedestrians can safely use streets
• Trail or sidewalk will intrude into yard area
• Concerned that trees would need to be removed for trail or sidewalk
• Concerned that trail or sidewalk will result in additional pedestrian traffic from outside
neighborhood
• Concerned that useable area of driveway for off-street parking will be reduced
• Street should remain 32-feet wide
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CITY COUNCIL AGENDA DATE: May 7,2002
SECTION:Reports of Director Parks and Recreation Services
SERVICE AREA/DIVISION: ITEM DESCRIPTION: Report on Trails and ITEM NO:
Parks and Recreation Parks Serving Residential Development in the 3 /( f
Robert A. Lambert Director Golden Triangle Area C.
Synopsis
At the April 16th meeting, the City Council requested staff to provide a report on trails and parks serving
the residential development in the Golden Triangle Area. Mr. Lambert will review a map of the Golden
Triangle Area that depicts existing and proposed trails, as well as existing publicly owned parkland that
will serve residential development in the Golden Triangle Area.
Background
Park and Recreation Standards for Residential Development
The Golden Triangle Area of Eden Prairie located between Highway 212 and Highway 169 north
of Highway 494 was originally guided for office and industrial land use. In the last few years,
the City Council has encouraged residential land use within this area in order to provide housing
for the many people that work within this area as one method to reduce the major traffic
problems that currently occur at the access points to this part of the community during rush hour.
Senior housing has been approved and constructed on the north shore of Smetana Lake, and the
Heights at Valley View, an apartment complex, has been approved at the at the intersection of
Flying Cloud Drive and Valley View Road. The Eden Prairie Park and Open Space Plan
recommends providing parks and open space amenities within a half mile of all residential
development within the community. The small park on the north shore of Smetana Lake and the
trail system around the lake adequately provide necessary amenities for the retirement
community located adjacent to that park. The apartment complex located approximately one-
half mile north of this park on the west side of Valley View Road will have a much younger
resident residing at that facility. Those residents will desire access to trails and some active
recreation facilities within walking or biking distance of their residence.
Park and Trail Considerations
One need only to walk around Smetana Lake on the new trail system to recognize that many of
the people who work in this part of the community desire access to pedestrian trail systems for
exercise and fresh air during their lunch breaks.
City Council Agenda 5/7/02
Report on Trails and Parks
Page 2
Best Buy Corporation has provided a softball field, two tennis courts, and a limited trail system
on their property on the east side of Flying Cloud Drive. The City Council should consider
planning for the development of the following improvements to accommodate the new
residential development being proposed in this quadrant of the community, as well as for the
thousands of people who work in the Golden Triangle:
Trails and Sidewalks
1. Provide an eight foot asphalt trail for the intersection of Valley View Road north to
Shady Oak Road on the east side of the road..
2. Provide an eight foot asphalt trail on the east side of Valley View Road from the existing
trail that terminates at Flying Could Drive north to the existing trail west of Golden
Triangle Drive and north from the existing trail to Washington Avenue.
3. Provide an eight foot asphalt trail along the west side of Shady Oak Road from Valley
View Road north to the intersection of Old Shady Oak Road and City Parkway(there is a
pedestrian walkway on the south side of the bridge over Highway 212).
4. Provide an eight foot asphalt trail on the north side of Valley View Road from Shady Oak
Road west to the woods trail east of the Enblom property
5. Extend the asphalt trail for through woods east of the Enblom property north and west to
connect to the trail on Flying Cloud Drive.
6. Construct a five foot concrete sidewalk along the north side of Viking Drive from Golden
triangle Drive west to Prairie Center Drive.
7. Provide a five foot concrete sidewalk on the east side of Prairie Center Drive from Viking
Drive south to 78th Street.
8. Construct a five foot concrete sidewalk along the west side of Washington Avenue from
Valley View Road south to 76th Street.
These recommendations total approximately two miles of eight foot asphalt trails and
approximately one mile of five foot wide concrete sidewalk. The estimated cost for completing
those trails and sidewalks would total approximately$300,000.
Parks/Recreation Facilities
Staff would also recommend the Council consider planning for developing some court games
and passive park facilities on the park property located on the west side of Flying Cloud Drive
across the road from the Best Buy ballfield. These facilities should be aimed at the type of
activities young adults would utilize after work and on weekends (basketball court, tennis court,
sand volleyball court, picnic tables, park benches, etc.). The City should also consider either
purchasing or acquiring an easement over the Best Buy recreation facilities and the wooded
portion of their site.
City Council Agenda 5/7/02
Report on Trails and Parks
Page 3
The major park facility to serve these residents will be the trail system within the Golden
Triangle Area and Bryant Lake Regional Park. It will be important to provide safe pedestrian
and bicycle access to Bryant Lake Regional Park.
The City will be constructing a trail on the west side of Bryant Lake Drive from Prairie Center
Drive north to Bryant Lake Park during the summer of 2002. Staff would recommend
constructing the trail along Flying Cloud Drive to Shady Oak Road, and from Flying Cloud
Drive along Shady Oak Road westerly to Bryant Lake Drive by the time the Heights at Valley
View is completed.
Staff will provide a brief overview of a map depicting existing and proposed trails, as well as
existing City owned land within this quadrant of the community at the May 7th meeting.