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HomeMy WebLinkAboutCity Council - 07/15/2003 AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,JULY 15,2003 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, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen, Public Works Director Eugene Dietz, Director of Parks and Recreation Bob Lambert,Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER IL APPROVAL OF AGENDA III. DISCUSSION TOPICS A. Heritage Preservation Vision B. Discussion/Consensus Regarding Use of Historic Properties 1. Smith-Douglas-More House—Dunn Brothers 2. Camp Edenwood—Friendship Ventures 3. Riley-Jacques Farm—City Programs 4. Cummins-Phipps-Grill House—Eden Prairie Historical Society C. Reallocation of Historic Preservation Funding Budget 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 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY,MARCH 18,2003 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, and Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works Director Eugene Dietz, Director of Parks and Recreation Bob Lambert,Management and Budget Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. CALL MEETING TO ORDER IL APPROVAL OF AGENDA III. DISCUSSION TOPICS • Heritage Preservation Vision Scott Neal asked the Council to offer their ideas on a vision for heritage preservation in Eden Prairie. Butcher said she is impressed with the notion of adaptive re-use as a way to keep historic properties viable and available to really be used. She is very happy with the way in which the More House/Dunn Bros. venture has turned out. Young said he is appreciative of the work staff did in gathering information on historic preservation in Eden Prairie and in other communities. He said his main question revolves around the role of government in historic preservation,particularly in funding historic preservation. He is concerned about the implication of spending public dollars on historic preservation, and wonders if the City can get a"return on it." He said he wonders how the state auditor would perceive the spending Eden Prairie has done and plans to do on historic preservation. Young said it is important to consider the community's vision of historic preservation.He noted that the community survey conducted two years ago indicated that spending on historic preservation was a relatively low priority. Young suggested the Council think long and hard about the current economic model of funding historic preservation. CITY COUNCIL WORKSHOP/FORUM MINUTES March 18,2003 Page 2 Mosman said historic preservation is not something that is necessarily going to show a return on the dollar,but that the Council needs to think about its value to residents and businesses. She said there has been some consideration of using some of the historic properties for park uses. She said Council needs to keep open to different types of partnerships. Case agreed that there is no question that Council must pursue private partnerships. Case said he believes the survey Young referred to is outdated and is no longer relevant. Case said that the Council needs to remember they are talking about meeting the needs of a broad spectrum of the community. It is their responsibility to maintain the perception of Eden Prairie as a quality community. He said in addition to schools and parks,things like history and art contribute significantly to quality of life. He said that for 25 years Eden Prairie City Council's • have chosen to fund historic homes and make them a priority. He said impressive numbers of people have visited the Dunn Bros./More House in the three months it has been open. Case said the Council needs to do as much as it can with what is available,especially in conjunction with private partnerships. Butcher said she is not sure the Cummins House is necessarily the right place to a pursue public/private partnership. She cautioned the Council to be very careful when it comes to specifics. Young said he does not believe the government can be all things to all people, and the Council is elected to represent the people. He thinks it unwise to discount the survey results, saying it is one of the few sources of objective information available. Young said the Council needs to begin by defining the role of the City in historic preservation. Other communities seem to be fulfilling the same vision and spending less on it. It will be important to find out how they do this. He said it appears that Eden Prairie has spent more than any other community. He also said he feels there is no danger of people saying the quality of life in Eden Prairie is poor. Tyra-Lukens said she has less faith in surveys than Young. She believes there is a sizable group of people in the community who have historic preservation as a value. Case said that when referring to money Eden Prairie has spent on historic properties, it is important to note that some of that money also went toward acquiring park land • that surrounds the homes. Tyra-Lukens asked how the Council wishes to direct the Heritage Preservation Commission to proceed,particularly in light of the current budget situation. Case said he thinks the HPC should continue to focus on preserving the City's three historic homes,but to do it as inexpensively as possible. He noted that three of the five current Councilmembers served on HPC before running for Council, and he thinks the public knows of and values their perspectives. Tyra-Lukens agreed that the three historic homes the City already owns are what the Council needs to be concerned with. Mosman said that since the City already owns the homes, it is obligated to do the best job possible in restoring and using them. She urged staff and HPC to continue to seek grants, sponsorships and partnerships to help fund work. She said she would hate to see the City sell off irreplaceable properties. She noted that some historic homes have been converted to bed and breakfast inns in other communities. Case noted that he has heard that Dunn Bros.would love to move into CITY COUNCIL WORKSHOP/FORUM MINUTES March 18,2003 Page 3 the Cummins House under the right circumstances. He said he thinks it is a safe government bet to invest in these historic properties. Young said he sees two main issues. The first is whether or not to do historic preservation, and the second is how to go about doing preservation if they decide to proceed with it. He said he is not suggesting that the City not do historic preservation,but merely asking that they take a look at how it is done. He said if Dunn Bros. is interested in the Cummins House,they should pay to restore the building and assume the financial risks. He said he was not aware of a"historic preservation mandate" on the Council. Case asked Young why he was picking on historic preservation rather than something else like a$6 million water park.Young said there will be a referendum on the water park, and the people will be allowed to decide whether or not they want to fund it. Case said instead of looking at this as just historic preservation,the Council should view these homes as an important part of our community's identity and uniqueness. Butcher pointed out that figures provided by Historic Preservation Specialist John Gertz show the City has spent$221,000 total on the Cummins House. She said that translates into only about$8,000 a year to maintain and use this structure. Case said it sounds as if the Council agrees on more than it disagrees on—and none of them want to spend money heedlessly. Case said if the Council can get the Cummins House"off the roster"through some sort of adaptive reuse like that at the More House,they can concentrate on the Riley-Jaques farmstead. Case said that in essence, everything the City does can be considered a subsidy. Therefore the question is whether or not the City should subsidize history. In his mind, the answer is yes. Butcher said perhaps the appropriate directive would be to look at ways to more creatively use these structures. Butcher said she also feels Council needs more direct input from the HPC. Parks and Recreation Director Bob Lambert asked for clarification about a comment Case made about putting an old schoolhouse on the.Riley-Jaques property. He said this is the first he has heard of such a plan, and cautioned that such a move would be expensive and would significantly alter a site plan that is currently under development by a consultant. Case said he did think the City should consider moving the old schoolhouse to the property. City Manager Scott Neal said staff received good input from Council from this discussion. Neal said he would draft a vision statement on historic preservation for the Council to review. He asked the HPC and Historical Society to submit written input to him for consideration in drafting this statement. IV. OTHER TOPICS Council Chamber V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.) MEMORANDUM 0 To: Mayor and City Council From: John Gertz,Historic Preservation Specialist Date: July 15, 2003 Eden Prairie Subject: Historic Properties Reuse Recommendations and Project Funding Reuse Recommendations The Heritage Preservation Commission recommends that adaptive reuse not be considered for the Cummins-Phipps-Grill House. After much consideration it has been determined that adaptive reuse would do more harm to existing historic conditions, and be cost prohibitive. Also, there are existing external limitations to be considered due to the property's National Register of Historic Places listing, and Land and Water Conservation Fund(LAWCON) agreement. Reuse recommendations regarding the Riley-Jacques Farm are arrived at following a joint HPC and Parks, Recreation and Natural Resources Commission meeting, staff input and Historical Society participation. The recommendation is to develop the site based on a "heritage park" concept with emphasis on multi-use. For example, the Dorenkemper House will be restored and used to demonstrate early pioneer life in Eden Prairie, while the barn will be rehabilitated as a rentable gathering space,theatre, and recreation facility. The site's open space will host events, e.g., Sunbonnet Day. Funding Summary The Riley-Jacques Barn project costs are estimated to be $784,135. To complete this project will require the Council's approval of reallocation of funds within the CIP from the Riley-Jacques House and Cummins-Phipps-Grill House. The funds estimated for completion of projects at the two homes are as follows: • Cummins-Phipps-Grill House $356,955 • Riley-Jacques House $461,592 Use of the above funds will be needed to complete the barn project. Major work scheduled for completion on the two homes would need to be deferred in the short term. Important exterior repair and maintenance could be done in 2003, to ensure the homes are properly maintained. Funds for these immediate projects are available in the Heritage Preservation budget as follows: • 1206-6406 Building Repair and Maintenance $11,000 Memorandum Historic Properties Reuse Recommendations and Project Funding July 15,2003 Page 2 of 2 Beguring in 2003, $62,000 will be available annually from Dunn Bros., which could be used to complete the deferred work on the homes. Attachments Reuse Report for the Cummins-Phipps-Grill House Reuse Report for the Riley-Jacques Farm G:\Comm.Dev\EPC-Heritage Pres.Comnission\Memos\2003\Historic Properties Reuse Recommendations&Project Funding-7-15-03.doc CUMM NS-PHIPPS-GRILL HOUSE The Significance of the Cummins-Phipps-Grill House Established in 1856, John and Mattie Crimmins lived on this farm until 1908. John Cummins was born in Pennsylvania in 1834 and educated at Unionville Academy. In 1856, at the age of 21, he left "on [a] trip to the west, Minnesota and St. Paul." After traveling in Minnesota, he purchased this farm. He had little experience as a farmer, questioning in 1857 if the farm was a"burden beyond my abilities." John Cummins married Mattie Clark in 1862. Mattie was born in 1837 in New Hampshire and came to St. Anthony in 1858. She was a skilled rug maker, an amateur painter and avid gardener. The Cummins had no children,but they frequently entertained their nieces and nephews from Minneapolis. The brick house was built for John and Mattie from 1879 to 1880. John Cummins did some of the work on the house, hauling brick, shingling the roof, lathing, and finishing the interior with locally grown butternut. For most of its life, the house was the center of a 300-acre farm. John Cummins frequently exchanged labor with his neighbors, helping with sowing, harvesting, processing and building. He became interested in trees, nuts, flowers and fruits, and worked to promote their cultivation. A row of maples that he planted once stretched from the house to the river bluff. The two shagbark hickory trees on the front lawn were planted by Cummins in 1869. Two orchards planted by Cummins, one north and another south of the home, are now gone. Wheat was the most significant product of this farm during the Cummins' time. Cummins was a widely respected horticulturalist, and experimented with many plants. He was an acquaintance of many well-known horticulturalists including Henry Lyman, Peter Gideon, William Macintosh, J.T. Grimes, E.R. Pond, and others. Cummins Was a long time member of the Minnesota Horticultural Society, where he shared his knowledge of plants. Cummins was best remembered for his interest in plants and concern for native flowers. Edward Brown (nephew), noted "his chief interest lay in horticulture. He would tramp miles in search of some rare plant." In 1906 Cummins reported to the Minnesota Horticultural Society on the loss of native plants stating "there is some need for those who have a regard for flowers to look after the protection of some varieties that are rapidly being destroyed. Of these are the Cypripedium or Moccasin flower; [and] Noah's Ark....all these are easily grown with the proper soil and some cultivation." On July 2, 1908, John and Mattie Cummins sold the farm to Edwin Phipps of Minneapolis. Cu rains noted in his diary "bargained with Wm. Phipps of N. Minneapolis, a gardener, to take the farm, 280 acres at $50 an acre, bought in 1856 for about$13 an acre." Edwin Phipps came t o Minnesota in the 1 890's from C alais,M aine, and w orked as a Teamster. He married Harriet Sprague in 1894 in Minneapolis. Harriet was a teacher and graduate of the S.S.Curry School of Expressions in Boston. She was active in civic causes, and enjoyed poetry and flower gardening. Harriet and Edwin Phipps had two daughters, Helen and Mildred. Mildred married the Phipps' hired man,Martin"Pappy"Grill, and purchased the farm in 1934. The Grills had no children and depended on extended family for much of their seasonal help. Pappy had a reputation for paying very little to hired hands, family included, and one nephew recalled that Pappy charged him for an apple taken off the truck after a long day of work. The Phipps raised grain, vegetables, and flowers, but were especially known for asparagus. Edwin earned the title "Asparagus King of Hennepin County." The Grills opened the first of a series of vegetable stands in 1933 on nearby Highway 212. A large peony bed planted by Harriet Phipps about 1920 still survives on the east side of the house. Both families hired workers to assist with the farm. Some of the workers roomed in other houses that stood nearby. In 1917 or 1918, a kitchen addition was constructed which included an upper story for hired help. A large brick "ice box' was added to the east wall on the kitchen in the 1920's or `30's, for flowers and household food. Electricity was installed in 1930, the first bathroom in 1946. A dairy barn was built by the Grills in 1940; the cement block milk house was built at an unknown date to store milk. A landing strip constructed on part of the farm in 1937 was used by the U.S. Navy planes stationed at old Wold- Chamberlain field to make practice approaches. Pappy Grill sold the landing strip in 1943 to American Aviation Corp., who named it Flying Cloud Airport, a name they felt related to flying and local Indian heritage. The Metropolitan Airports Commission purchased the airport in 1948. The farm was sold to the City in 1976 for parkland. Program Statement The Cummins-Phipps-Grill House is located at 13600 Pioneer Trail. It is ideally situated to accommodate school children and tour groups for a learning experience about early pioneer homelife and agricultural activities in Eden Prairie. In anticipation of casual visitors, two outdoor interpretive panels have been installed which provide a history of the farm's occupants and the major activities of the farm. The Heritage Preservation Commission has recommended the site be restored for an educational/recreational use that will utilize the inherent historic and aesthetic qualities of the home with minimal impact to existing conditions. For this reason, the HPC recommends restoration as the treatment for current and future work on the house. Moreover, the property was purchased using Land and Water Conservation Fund (LAWCON) money, and in 1982, was listed on the National Register of Historic Places, 2 both of which place certain limitations on the use and alteration to the building. Specifically, the LAWCON agreement states that lands acquired with LAWCON assistance shall be used for public outdoor recreation purposes. Facilities,the Cummins- Phipps-Grill House for example, shall also be operated for outdoor recreation purposes, and leasing the building has further limitations. The National Register designation requires review of proposed changes to the building by the State Historic Preservation Office. Review by the State considers the impact of proposed work on the physical integrity of the building. Local review b y the HPC is essentially the same,i.e., limit project impact. Based on the existing limits and the location of the property, the UPC does not recommend adaptive reuse, leasing, or commercial use of the property. Also, the house has already received extensive restoration work which might be undone by adaptive reuse, and unlike the Smith-Douglas-More House (Dunn Bros. Coffee Café), the Cummins-Phipps-Grill House retains an historically important and intact kitchen addition. It would not be in the best interest of the house to remove or significantly alter the kitchen to accommodate new restrooms or upgraded kitchen space. Once restored, the Cummins-Phipps-Grill House will allow a significant number of visitors, many of them school children, to gain an appreciation of E den Prairie's past. The site will provide a setting for horticultural and market farming education,which was very much a part of the farm's history. In addition to a restored farmhouse, the site plan calls for restoration of the heirloom peony garden planted by Harriet Phipps in ca. 1915, outdoor interpretive panels, identification of historic trees (shagbark hickory planted by Cummins in 1870's etc.), and site improvements. Primary users of the property to consider are the Eden Prairie Historical Society, Eden Prairie Schools, and the City's Parks and Recreation Department. The City should pursue a relationship to co-program the property with the Historical Society.and/or Eden Prairie Schools. The Historical Society may even consider a more permanent presence at the home. The City could continue its programs also, however, all programs are limited by the homes maximum occupancy of 49 people. For that reason, larger events like Sunbonnet Day are recommended to relocate to the Riley-Jacques Farm site starting in September,2004. Restoration Chronology The Cummins-Phipps-Grill property was acquired by the City in 1976. Since that time a number o f r estoration r elated activities have taken p lace. The south and east porches have been reconstructed, new mechanical system installed, interior work on the main level, foundation work to stabilize the building, electrical upgrades, security systems, site improvements, roofing,window repair/replacement, and more. Presently, the house is 3 approximately 6 5%complete,based on the HPC's recommendation to restore and not adapt the building to a new use. Funding Summary from 1976 to the present 1976 Purchase Price $ 60,000 1976-2001 Restoration Improvements $ 141,400 1976-2003 Maintenance/Utilities $ 16,400 2001-2003 Facilities/Cleaning $ 4,000 Total Costs to Date $221,800 Remaining Work An estimated $ 356,955 is needed to complete the restoration. This cost is based on estimates provided by Miller-Dunwiddie Architects, an architectural firm based in Minneapolis which specializes in historic preservation. The estimates were received in 2001 and provided the basis for the Historical Properties section in the City's CIP. The following is an overview of what remains to complete the restoration: • Accessibility changes to the building • Reroofing • HVAC and fire sprinkling • West porch restoration • Repointing exterior masonry • Ice box repair and reproofing • Fascia and soffit repair • North chimney reconstruction • Electrical work completion • Door and window repair and refinishing • Painting—exterior • Painting—interior • Crawl space excavation and installation of moisture barrier • Attic insulation and venting • Interior trim work • Plaster repair—upper floor • Outbuilding repair and painting 4 RILEY JACQUES FARM The Significance of the Riley-Jacques Farm The Matthew Riley house was built in 1881 by John C. Geiser, a prominent local builder well known for his churches, who was related to Matthew Riley by marriage. In. 1868, Geiser married Catherine Riley, Matthew's sister. The house is a one and one-half story red brick dwelling constructed of Shakopee bricks. The granary, constructed in 1890, is a wood-framed building with shed wings. A portion of the east shed wing has been converted into a corn crib. The granary was restored in 2000, much to the credit of Elaine Jacques whose donations made the restoration work possible. The dairy barn, built in 1928, is a large gambrel-roofed bank barn. A concrete stave silo is located near the barn. The barn was constructed of lumber sawn from on-site trees, which were put into use when while still green,hence the many curves and waves seen in the building's room. The barn is currently scheduled for rehabilitation, and plans are underway to adapt the barn to a multi-use function. Possible uses include theatre playhouse,youth camp program space, exhibit space, etc. A gabled, wood-framed garage, constructed in 1953 is located north of the house. The garage was restored in 2001. The farm bears the two family names of the first and last private owners of the property. The first relates to two members of the Riley family of County Leitrum, Ireland, who emigrated to the United States in 1845; Patrick, the original landowner, and his son Mathew, who had the house and farm buildings built and first resided at the farm. Numerous documents over the years refer to Patrick and Mathew as "Eden Prairie pioneers".and"among the oldest settlers." Upon the death of Mathew Riley in 1912,his son James F.took over the farm. Following James' death in 1917, his wife sold the farm sometime between 1927 and 1929 to Michael Jacques. Upon his retirement in 1937,his son Jerome and wife Elaine took over the farm. In 1990, Elaine Jacques sold the house and 23 acres of property to the City of Eden Prairie. Prior to arriving in Eden Prairie, Mathew Riley first worked in Lowell,Massachusetts, in a cotton factory and then turned to farming. In 1853, he arrived in St. Paul where, for two seasons,he ran a public ferry at Fort Snelling. Patrick Riley claimed this property on October 16, 1855, and according to oral histories, lived in a log house east of Lake Bradford(later renamed Riley Lake) and to the north of a small pond. Around 1878, this land was sold or given to Mathew,who in 1858 married Elizabeth Heslan, who had emigrated to the United States in 1850. She was said to be "the first white woman to settle in the community around Riley's Lake." Elizabeth and Mathew would have five children. Little is known of the nature of the farming in which Mathew was engaged. It is probable that the farm was largely subsistent, as were most early Eden Prairie farms. The presence of a granary suggests that corn or wheat, which for a time Eden Prairie produced more [of] than any other township in Hennepin County" may have been the major crop. Mathew's obituary refers to him as "one of the best-known farmers in this area and a highly respected man of industrious habits and strict integrity." The Jacques family, Michael and then Jerome and Elaine, added five buildings to the farm between 1928 and 1953. These are the dairy barn, three poultry buildings and the garage. During their tenure, dairy and poultry farming predominated. Until 1941, the house did not have indoor plumbing or electricity. Heating was accomplished with a wood-burning stove,the wood for which was cut on site. Dorenkemper Log House The Dorenkemper log House was originally located along Pioneer Trail just west of the entrance to the Settlers Ridge development. The exact date of construction is not known, but work continues to research the building's past. Ginny Dorenkemper, a descendant of the past owners, said the house has been in the Dorenkemper family— on her mother's father's side—since 1867. Her parents, Alex and Irene, lived in the house until recently, but after Irene's death in 2000,the house was headed for likely demolition. Thanks to developer Dan Herbst, the log house will instead be restored and put to good use by the City for educational purposes. Herbst and City staff examined the building in early 2002 and discovered the building's construction to be log; few log homes survive today in Eden Prairie. It was decided that preservation of the building was important and after the necessary City approvals, the building was moved on March 13, 2002, to the Riley-Jacques farm where it will be restored. The Dorenkemper house is a rare example of Eden Prairie's pioneer homes and buildings. Like most log houses in this area, it was covered in clapboard siding and lathed and plastered on its interior. A frame summer kitchen was added, probably soon after the house was built. The solid log construction uses v-notch corner joinery, a solid connection, but not as technically sophisticated as the commonly used dovetail joint. The logs are chinked throughout with some very old mud and straw chinking. Logs were hewn from locally-cut elm, oak and basswood, a veritable sampling of the predominant trees found in the surrounding"Big Woods." The Dorenkemper house will be located north of the Riley-Jacques house and near the lake. Restoration will be completed in 2003 at which time it will be open for public view. Current restoration plans call for retaining the home's clad siding and plaster interior, but exposing on the interior a portion of a wall to reveal the home's log 2 construction and historic chinking. The restoration will be based on a broad period of significance, 1870-1900. Program Statement The Riley-Jacques Farm is located at 9100 Lake Riley Road. It is situated along the east shore of Lake Riley and occupies the north end of Riley Lake Park. The farmstead's proximity to the lake and park amenities makes it the ideal location for a variety of programs and events. Several of the farms original buildings remain, along with ample open space making it suitable for educational and recreational programs. The Riley- Jacques Farm will provide an outstanding setting for agriculture related learning for school children, and at the nearby restored Dorenkemper House they will experience home life typical of Eden Prairie ca 1870-1900. Outdoor interpretive panels will be installed to provide historical information on the establishment of the farm, its occupants and farming activities. The Heritage Preservation Commission has recommended the farm be developed in the context of a heritage park, adapting for reuse the 1928 dairy barn, restoring the 1890 granary, preserving the 1881 Riley-Jacques house, and restoring the ca. 1870's Dorenkemper House. Recommended site improvements include expanded parking, trail connections (for accessibility) to the park, fence lines, entrance sign, and native grass restoration in selected areas. Students on field trips to the site will participate in hands-on learning activities that explore the relationship between land and people, and nineteenth century lifeways. The faun has sufficient space to grow a crop of wheat or rye, which could be harvested and threshed on site to demonstrate nineteenth century fanning practices. Recreational activities will center around the rehabilitated 1928 dairy barn. The barn is a good example of the Wisconsin Dairy Barn, designed in the early 1920's at the Wisconsin Agricultural Extension Service in Madison. The barn was a breakthrough, promoting efficient, safe, and clean dairy farming. Reuse plans for the barn will create a multi-use space in the open loft area for theatre space for approximately 150 people, or gatherings. The lower level will have multi-use space, storage, and restrooms. One • accessible unisex restroom will be located in the upper loft theatre/gathering space. The barn will retain its architectural features, most importantly the loft's open timber structure. Primary users of the property to consider are the City's Parks and Recreation Department and Eden Prairie Historical Society. The barn should be rented as a gathering facility by the City and programmed for use by recreation staff. Local theatre productions can be coordinated through the Parks Department as well. The Dorenkemper House is best suited to be programmed by the Eden Prairie Historical Society with a regular schedule of tours offered to the general public and Eden Prairie Schools. The open house schedule should be coordinated with City staff to ensure the house is open to the public during City sponsored events, e.g., Sunbonnet Day. 3 Sunbonnet Day should be relocated to the Riley-Jacques Farm starting in September, 2004. The site offers many advantages over the current Cummins-Phipps-Grill location, most notably parking. A fall harvest event,which seems so popular could be added to the Sunbonnet Day program or scheduled later in September. The Riley-Jacques House is currently rented. The house could be used by the City for office/activity space for part time seasonal Park and Recreation staff who would oversee activities at the farm. However, the advantage of having a renter in the house is site security. The renter is on site year-round and can monitor the site and buildings. The Heritage Preservation Commission recommends that a renter remain on site, at least for the next couple of years. This can be evaluated in 2004 and 2005 to see if the increase in ' activities at the farm interferes with the renter's normal"home life". Restoration Chronology The Riley-Jacques property was acquired by the City in 1990 using Land and Water Conservation Fund (LAWCON) money. Since that time, a number of restoration related activities have taken place. In 1990,the barn was reroofed,painted, and received limited structural repair. The Riley-Jacques house was reroofed, new gutters installed, limited masonry repair, and limited painting. In 1998, Elaine Jacques donated$5,000 toward the restoration of the granary, and again in 2000, she donated $6,000 toward the restoration of the garage. The Dorenkemper House, moved to the farm in March, 2002 is being restored by Dan Herbst, President of Pemtom Land Company. The house will be conveyed to the City at the completion of restoration in late 2003. Funding Summary from 1990 to the Present 1990 Purchase Price $250,000 1990-2003 Restoration Improvements $ 72,600 Total Costs to Date $322,600 Remaining Work An estimated$ 461,592 is needed to complete the restoration of the Riley-Jacques House. This cost is based on estimates provided by Miller-Dunwiddie Architects, an architectural firm based in Minneapolis which specializes in historic preservation. The estimates were received in 2001 and provided the basis for the Historic Properties section of the City's CIP. An estimated $ 784,135 is needed to complete the rehabilitation of the barn and related site work. This cost is a current estimate provided by Miller-Dunwiddie Architects. Architectural fees for the project are included in the above total. 4 The following is an overview of what remains to complete the restoration of the house only, the barn project is presented separately. Please note that if a renter stays in the house, not all of the items below will be required, e.g., accessibility changes, fire sprinkling, etc. • Accessibility changes to the building • HVAC and fire sprinkling • West and south porch reconstruction • Repointing exterior masonry • Repointing interior foundation • Structural repair • Fascia and soffit repair • Window and door repair • Window sill repair/replacement • Painting—exterior • Painting—interior • Roof venting and insulation • MEMORANDUM To: Mayor and City Council 0 From: Bob Lambert,Director of Parks and Recreation Date: July 15, 2003 Eden Prairie Subject: Historic Properties and the Jacques Farm Impact of LAWCON Grants on Use of Historic Properties Both the Riley/Jacques Historic Site and the Cummins-Grill F istoric site were purchased with Land and Water Conservation Funds and are covered by contract agreements restricting the use of that property for public outdoor recreation in perpetuity. The agreement with the Federal Government indicates that these properties cannot be sold without approval of the State Minnesota Department of Natural Resources and the Department of the Interior. Any sale would not be approved unless it could be proven that there is not other option available to the City to provide a necessary service that can only be provided on those sites. If the non-compliant use is approved, the City would be required to replace the property with property of equal value attached to the same community park or a similar community park within the City. It is possible to operate a public LAWCON funded facility or a portion of a facility through a lease agreement with a private vendor. However,the"lease must assist in fulfilling the outdoor recreation purposes of the park. It is not allowable to lease any portion of the park site for private purposes. This non compliance use would constitute a conversion and would require the City replace those lands and uses impacted. "Additionally,the impact may be greater than just at the actual facility,but could include usage, visual or sound impacts — for example, if use of a road or parking area for private purposes inhibits the public availability and thus access to other facilities. The City would need to provide information to explain how a proposed lease facilitates the outdoor recreational purpose of the park." For example, a lease of the house to the Historical Society would have to be reviewed and approved by the Minnesota DNR prior to Council approval. H:/Lambert 2003/Memorandums/Memo to Council on LAWCON Property MEMORANDUM To: Mayor and City Council 0 From: Bob Lambert,Director of Parks and Recreation Date: July 15, 2003 Eden prairie Subject: Proposed Operation and Maintenance Costs for the Riley/Jacques Farm Operation Costs The operation costs for the Riley/Jacques Farm will depend to some extent on amount of the summer recreation program budget at Riley Lake Park is transferred to that facility. The recreation staff would like to utilize the barn as the headquarters for day camp programs at Riley Lake Park. Assuming that the staff offers six weeks of day camp programs,plus two to three theater events per year, and one or two special events, staff would anticipate programming costs at approximately $54,000 with revenues at approximately$20,000. Maintenance Costs Maintenance costs include cleaning, set up and tear down, minor building repairs, utilities and maintenance supplies. The more the building is used by the public the higher the maintenance costs would be for this facility. Staff estimates maintenance costs for the first year to be approximately $25,000,which would include maintenance costs for both the barn and the Dorenkemper log cabin. More detailed costs will be available as programs are developed and staffhave a better handle on how these facilities will be used given the parking restrictions and the popularity of Riley Lake Park. H:/Lambert 2003/Memorandums/Operation Cost for Riley/Jacques Farm AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JULY 15,2003 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road HOUSING&REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra-Lukens, Commissioners Sherry Butcher,Ron Case,Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal,Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER IL MINUTES A. H.R.A. MEETING HELD TUESDAY,JULY 1,2003 III. PUBLIC HEARING ON PROPOSED ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS (MEMORIAL BLOOD CENTERS) A. RESOLUTION GIVING APPROVAL TO A PROJECT ON BEHALF OF MEMORIAL BLOOD CENTERS AND ITS FINANCING; PROVIDING FOR THE ISSUANCE AND SALE OF$3,100,000 COMMERCIAL DEVELOPMENT REVENUE NOTE,SERIES 2003 IV. ADOPT RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF UP TO $2,900,000 IN AGGREGATE PRINCIPAL AMOUNT OF ITS ELDERLY HOUSING REFUNDING REVENUE NOTE(ELIM SHORES,INC.PROJECT), SERIES 2003 V. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, JULY 1,2003 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra-Lukens, Commissioners Sherry Butcher,Ron Case, Jan Mosman and Philip Young CITY COUNCIL STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Carol Pelzel I. ROLL CALL/CALL THE MEETING TO ORDER Councilmember Sherry Butcher was absent. II. MINUTES A. H.R.A. MEETING HELD TUESDAY,JUNE 3, 2003 MOTION: Mosman moved, seconded by Case,to approve as published the June 3, 2003, minutes of the Housing and Redevelopment Authority. Motion carried 4-0. III. PUBLIC HEARING ON PROPOSED ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS BY THE HRA OF THE CITY OF EDEN PRAIRIE (MEMORIAL BLOOD CENTERS) Neal asked that this item be canceled since there has been a change in the amount of bonds that will be issued. The amount has been increased and a new notice of hearing will be published for July 15. The Authority agreed that this item should be canceled and republished. IV. ADOPT RESOLUTION NO. 2003-02 APPOINTING CHAIR, EXECUTIVE DIRECTOR AND SECRETARY TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY MOTION: Case moved, seconded by Mosman,to adopt a Resolution No. 2003-02 appointing Nancy Tyra-Lukens to serve as the Chair, Scott Neal as Executive Director H.R.A.MINUTES July 1,2003 Page 2 and Jan Mosman as Secretary for the Eden Prairie Housing and Redevelopment Authority.Motion carried 4-0. V. ADJOURNMENT MOTION: Mosman moved, seconded by Case,to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:02 p.m. DATE: SECTION: HRA AGENDA July 15,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Resolution Giving Approval To A Project On Don Uram,Director Behalf Of Memorial Blood Centers And Its Financing Under The Minnesota Municipal I • Industrial Development Act Requested Action Move to: Resolution Giving Approval To A Project On Behalf Of Memorial Blood Centers And Its Financing Under The Minnesota Municipal Industrial Development Act; Referring The Proposal To The Minnesota Department Of Employment And Economic Development For Approval; And Providing For The Issuance And Sale Of$3,100,000 Commercial Development Revenue Note, Series 2003 Memorial Blood Centers Project)And Execution Of Related Documentation Synopsis Pursuant to Minnesota Statutes, Section 469.54, Subdivision 4 and in compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended, the HRA is required to conduct a public hearing on the Project and the financing thereof. A notice of public hearing was published in the official city newspaper on June 26, 2003. Background Information Pursuant to the authority granted by Minnesota Statutes, Sections 469.152 through 469.1651, the HRA is authorized to issue revenue bonds in anticipation of the collection of revenues of a project to finance the cost of acquisition, construction,reconstruction, improvement, or extension thereof. The Authority proposes to issue its revenue bonds for the purpose of financing a portion or all of the cost of a proposed project on behalf of Memorial Blood Centers, a qualified 501(c)(3) organization and nonprofit corporation of the state of Minnesota, consisting of(i) the acquisition of a 26,722 gross square foot office building and 92,780 square feet of associated land from Braun Intertec and (ii) conversion of the Facilities from an office building and engineering laboratory to a central operating facility for the Corporation. The Facilities will be owned and operated by the Memorial Blood Centers and are located at 6801 Washington Avenue South in the City. Attachment Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FORT HE CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF NIINNESOTA RESOLUTION NO. 2003- A RESOLUTION GIVING APPROVAL TO A PROJECT ON BEHALF OF MEMORIAL BLOOD CENTERS AND ITS FINANCING UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR APPROVAL; AND PROVIDING FOR THE ISSUANCE AND SALE OF$3,100,000 COMMERCIAL DEVELOPMENT REVENUE NOTE, SERIES 2003 (MEMORIAL BLOOD CENTERS PROJECT)AND EXECUTION OF RELATED DOCUMENTATION BE IT RESOLVED by the Commissioners (the"Commissioners") of the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota(the"Authority"), as follows: SECTION 1 Recitals and Findings 1.1. The Commissioners have received a proposal that the Authority,pursuant to Minnesota Statutes, Sections 469.152 through 469.1651, as amended(the"Act"), issue its revenue note for the purpose of financing a portion or all of the cost of a proposed project(the "Project") on behalf of Memorial Blood Centers, a Minnesota nonprofit corporation(the "Corporation"), consisting of(i)the acquisition of a 26,722 gross square foot office building (the "Facilities") and 92,780 square feet of associated land from Braun Intertec and(ii) conversion of the Facilities from an office building and engineering laboratory to a central operating facility for the Corporation. 1.2. At a public hearing, duly noticed and held on the date hereof, in accordance with Section 469.154, Subdivision 4 of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended, on the proposal to undertake and finance the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance such project and interested persons were given the opportunity to submit written comments to the Executive Director before the time of the hearing. 1.3. The Authority hereby finds the following: a) Based on the public hearing, such written comments (if any) and such other facts and circumstances as the Commissioners deem relevant,the Commissioners find that it would be desirable and would further the purposes of Minnesota Statutes, Section 469.152, for the Authority to finance the costs of the Project under the provisions of the Act in the maximum aggregate face amount of$3,300,000,by issuing its Commercial Development Revenue Note, Series 2003 (Memorial Blood Centers Project) (the"Note")pursuant to the provisions of the Act. The Authority is authorized to issue the Note. b) The Project would not be undertaken but for the availability of Industrial Development bond financing under the Act. c) The loan payments or other amounts payable by the Corporation to the Authority under the Loan Agreement, as hereinafter defined, shall be sufficient to pay the principal of, and interest and redemption premium, if any, on,the Note as and when the same shall become due and payable d) There is no litigation pending or,to the best of its knowledge,threatened, against the Authority relating to the Project or the Note or the Note Documents, as hereinafter defined, or questioning the organization of the Authority or its power or authority to issue the Note or to execute and deliver the Note Documents required to be executed by the Authority. e) The execution and delivery of, and the performance of the Authority's obligations under,the Note and the Note Documents do not and will not violate any material order of any court or other agency of government, or any material provision of any indenture, agreement or other instrument to which the Authority is a party or by which it or any of its property is bound, or be in conflict with,result in a breach of, or constitute(with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. f) No Commissioner(i)has a direct or indirect interest in the Project, the Note Documents or the Note, (ii)has a direct or indirect interest in the Corporation,or (iii)has received or will receive any commission,bonus or other remuneration for or in respect of the Project, the Note Documents or the Note. SECTION 2 Determination To Proceed with the Project and Its Financing 2.1. Award. The sale of the Note is hereby awarded to Wells Fargo Brokerage Services, LLC (the "Purchaser"), and the Chair and Executive Director are hereby authorized and directed on behalf of the Authority to execute the Note to the Purchaser, subject to the conditions provided in Section 2.2 hereof,upon the terms and in the form provided herein. 2.2. Conditions to Issuance. a) All details of the Note and the provisions for payment thereof shall be subject to final approval of the Project by the Minnesota Department of Employment and Economic Development(the"Department") and may be subject to such further conditions as the Authority may specify. 2 b) The approval of the Project and the financing thereof are subject to the approval of the City Council of the City of Eden Prairie,Minnesota(the"City"). 2.3. Qualified Tax-Exempt Obligation. The Note is hereby designated a"qualified tax- exempt obligation"within the meaning of Section 265(b)(3)of the Internal Revenue Code of 1986 (the"Code"). The Note is to be issued on behalf of an organization described in Section 501(c)(3) of the Code and is to be issued as a"qualified 501(c)(3)bond"under Section 145 of the Code. The Authority, together with all subordinate entities thereof, does not reasonably expect to issue tax-exempt obligations,including the Note(other than private activity bonds not constituting"qualified 501(c)(3)bonds") the sum of which,with all such obligations heretofore issued by the Authority or such subordinate entities in calendar year 2003, exceeds$10,000,000. 2.4. Limited Liability. No covenant,provision or agreement of the Authority herein or in the Note, the Note Documents or in any other document executed by the Authority in connection with the issuance, sale and delivery of the Note, or any obligation herein or therein imposed upon the Authority or breach thereof, shall give rise to a pecuniary liability of the Authority or a charge against its general credit or taxing powers or shall obligate the Authority financially in any way except with respect to the Loan Agreement, as hereinafter defined, and the application of revenues therefrom and the proceeds of the Note. No failure of the Authority to comply with any term, condition, covenant or agreement herein or therein shall subject the Authority to liability for any claim for damages, costs or other financial or pecuniary charges except to the extent that the same can be paid or recovered from the Loan Agreement or revenues therefrom or proceeds of the Note. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general funds or taxing powers of the Authority. In making the agreements,provisions and covenants set forth herein and in the Note Documents, the Authority has not obligated itself except with respect to the Loan Agreement and the application of revenues thereunder and the proceeds of the Note. The Note constitutes a special obligation of the Authority,payable solely from the revenues pledged to the payment thereof pursuant to the Loan Agreement, and does not now and shall never constitute an indebtedness or a loan of the credit of the Authority, the City, the State of Minnesota or any political subdivision thereof or a charge against the Authority's general taxing powers within the meaning of any constitutional or statutory provision whatsoever. The Note shall also not constitute a charge, lien or encumbrance, legal or equitable,upon any property of the Authority, except upon the revenues specifically pledged to the payment thereof. 3 SECTION 3 Approval of Documentation 3.1. Approval of Note Documents. Forms of the following documents relating to the issuance of the Note(the"Note Documents")have been submitted to the Commissioners and are now on file in the office of the Executive Director: (a) a Loan Agreement, dated as of July 1,2003 (the"Loan Agreement"),between the Authority and the Corporation,whereby, among other things,the Authority has agreed to sell the Note to provide funds to be loaned to the Corporation to pay the costs of the Project, and the Corporation has agreed to make loan repayments sufficient to pay debt service on the Note when due, and to pay related costs, expenses and fees of the Authority; (b) a Pledge Agreement, dated as of July 1,2003 (the"Pledge Agreement"),between the Authority and the Purchaser; (c) an Escrow Agreement, dated as of July 1,2003 (the"Escrow Agreement"), between the Corporation and the Purchaser,providing for disbursement to the Corporation of the proceeds of the Note; (d) The Note, a form of which is attached hereto as Exhibit A, from the Authority to the Purchaser. The forms of Note Documents referred to above are approved. The rate of the Note shall not exceed 4.99%. The Note Documents required to be executed by the Authority shall be executed in the name and on behalf of the Authority by the Chair and the Executive Director in substantially the form on file,but with such changes therein, not inconsistent with the Act or other law or this Resolution, as may be approved by the City Attorney and the officers executing the same,which approval shall be conclusively evidenced by the execution thereof. The Chair and the Executive Director are also authorized and directed to execute such closing certificates and other documents as may be necessary to complete the issuance and delivery of the Note upon approval thereof by the City Attorney,which approval shall be conclusively evidenced by the execution thereof. 3.2. Approval of Application. The Application to the Department (the"Application"), with attachments, is hereby approved, and the Chair and Executive Director are authorized to execute said documents on behalf of the Authority. In accordance with Section 469.154, Subdivision 3 of the Act, the Chair and Executive Director are hereby authorized and directed to cause the Application to be submitted to the Department for approval of the Project. The Chair and Executive Director and other officers, employees and agents of the Authority are hereby authorized and directed to provide the Department with any information needed for this purpose. 4 SECTION 4 General 4.1. Execution and Delivery of Note. The Note shall be executed by the facsimile signatures of the Chair and the Executive Director, and the Note shall be delivered to the Purchaser upon payment of the agreed purchase price therefor, and upon receipt by the Purchaser of the signed legal opinion of Dorsey&Whitney LLP, of Minneapolis,Minnesota,bond counsel, and the other documents required by the Note Documents and the Authority. 4.2. Information Required. The Chair,Executive Director and other officers of the Authority are authorized and directed to prepare and furnish to Dorsey&Whitney LLP,bond counsel,the Corporation, and the Purchaser certified copies of all proceedings and records of the Authority relating to the Project and the Note, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies,certificates and affidavits, including any heretofore furnished, shall constitute representations of the Authority as to the truth of all statements contained therein. 4.3. Costs. The Corporation has agreed to pay directly or through the Authority any and all costs incurred by the Authority in connection with the Project whether or not the Project is carried to completion and whether or not the Note or Note Documents are executed. 4.4. Ongoing Compliance. The Chair and Executive Director are directed,if the Note is issued and sold,thereafter to comply with the provisions of Section 469.154, Subdivisions 5 and 7 of the Act. Adopted this 15th day of July,2003. Nancy Tyra-Lukens, Chair ATTEST: Scott H.Neal,Executive Director 5 EXHIBIT A FORM OF NOTE UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE Commercial Development Revenue Note, Series 2003 (Memorial Blood Centers Project) $3,100,000 FOR VALUE RECEIVED, the HOUSING AND REDEVELOPMENT AUTHORITY in and for the CITY OF EDEN PRAIRIE, MINNESOTA (the "Authority") hereby promises to pay WELLS FARGO BROKERAGE SERVICES, LLC, in Minneapolis,Minnesota, its successors or registered assigns (the "Lender"), from the source and in the manner hereinafter provided, the principal sum of THREE MILLION ONE HUNDRED THOUSAND DOLLARS ($3,100,000), or so much thereof as remains unpaid from time to time (the "Principal Balance"), with interest thereon from the date hereof until paid or otherwise discharged at the rate of %per annum, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. The Principal Balance and accrued interest hereon shall be amortized and paid in the semiannual installments set forth on Appendix 1 attached hereto, commencing on , and thereafter through and including , (the "Final Maturity Date"), at which time any remaining Principal Balance and accrued interest thereon shall be paid in full. Payments shall be applied first to interest due on the Principal Balance and thereafter to reduction of the Principal Balance. 2. In any event, the payments hereunder shall be sufficient to pay all principal and interest due, as such principal and interest becomes due, and to pay any Premium (as defined in the Loan Agreement described below) or service charge, at maturity, upon redemption, or otherwise. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. 3. Principal and interest and Premium or service charge, if any, due hereunder shall be payable at the principal office of the Lender, or at such other place as the Lender may designate in writing. This Note is issued by the Authority to provide funds for a project(the"Project"),as defined in Minnesota Statutes, Section 469.153,consisting of(i)the acquisition of a 26,722 gross square foot office building(the"Facilities") and 92,780 square feet of associated land from Braun Intertec and(ii) conversion of the Facilities from an office building and engineering laboratory to a central operating facility for Memorial Blood Centers, a Minnesota nonprofit corporation(the"Borrower"). The proceeds of the Note will be loaned to the Borrower pursuant to a Loan Agreement dated as of July 1,2003 by and between the Authority and the Borrower (the "Loan Agreement"), and this Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota,particularly Minnesota Statutes, Sections 469.152 to 469.1651 and pursuant to a resolution of the Commissioners of the Authority duly adopted on July 15,2003 (the "Resolution") and a resolution of the City Council of the City of Eden Prairie(the"City") duly adopted on July 15,2003 approving the issuance of the Note following a public hearing thereon. 4. This Note is secured by a Pledge Agreement of even date herewith between the Authority and the Lender (the "Pledge Agreement") and by a Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Financing Statement, dated as of July 1, 2003 (the "Mortgage") between the Borrower and the Lender, wherein the Borrower has granted to the Lender a mortgage lien on and security interest in certain real and personal properties owned by the Borrower, including the Facilities, subject to Permitted Encumbrances, as defined in the Mortgage. 5. The Authority, for itself, its successors and assigns, hereby waives demand, presentment, protest and notice of dishonor, and to the extent permitted by law, the Lender may extend the due date of interest and/or principal of or any service charge or Premium due on this Note, including the Final Maturity Date, or release any part or parts of the property and interest subject to any security document from the same, all without notice to or consent of any party liable hereon or thereon and without releasing any such party from such liability and whether or not as a result thereof the interest on the Note is no longer exempt from the federal or state income tax. In no event, however, may the Final Maturity Date of the Note be extended beyond thirty(30) years from the date hereof. 6. This Note may be prepaid in whole, but not in part, at the option of the Borrower, on any payment date commencing on or after , , at a price equal to the payment then due plus the "After Payment Termination Value" set forth on Appendix 1 attached hereto. 7. Upon the occurrence of an Event of Default, as defined in the Loan Agreement, the Lender may declare the Principal Balance and accrued interest on the Note to be immediately due and payable. 8. In the event of prepayment of this Note, the Lender shall apply any such prepayment against the accrued interest on the Principal Balance and then against the final principal amounts due under the Note plus the "After Payment Termination Value." The monthly payments due under paragraph 1 hereof shall continue to be due and payable in full until • the entire Principal Balance, accrued interest and any Premium due on this Note have been paid. 7 9. As provided in the Resolution and subject to certain limitations set forth therein, this Note is only transferable upon the books of the Authority at the office of the Executive Director of the Authority, by the Lender in person or by its agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the Executive Director, duly executed by the Lender or its duly authorized agent. Upon such transfer the Executive Director will note the date of registration and the name and address of the new registered owner in the registration blank appearing below. The Authority may deem and treat the person in whose name the Note is last registered upon the books of the Authority with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Lender or upon his order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the Authority shall not be affected by any notice to the contrary. 10. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Escrow Agreement, the Loan Agreement, the Mortgage and the Pledge Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. 11. This Note and interest thereon and any service charge or Premium, if any, due hereunder are payable solely from the revenues and proceeds derived from the Loan Agreement, the payment of which is secured by the Mortgage, and do not constitute a debt of the Authority within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds of the Authority other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the Authority or any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the Authority to pay this Note or the interest thereon, or to enforce payment thereof against any property of the Authority, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Authority, and the agreement of the Authority to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 12. If an Event of Default (as that term is defined in the Loan Agreement) shall occur, then the Lender shall have the right and option to declare, upon ten(10) days written notice, the Principal Balance and accrued interest thereon, immediately due and payable, whereupon the same,plus any Premiums or service charges, shall be due and payable,but solely from sums made available under the Loan Agreement. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. In addition,the Lender shall have the remedies as provided in the Mortgage. 13. The remedies of the Lender, as provided herein and in the Loan Agreement, the Pledge Agreement and the Mortgage, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the 8 Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 14. The Lender shall not be deemed,by any act of omission or commission,to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 15. This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. The Authority acknowledges that the Lender intends to enter into a participation agreement with one or more sophisticated investors. 16. This Note has been designated by the Authority as a"qualified tax-exempt obligation"pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986. THE NOTE, INTEREST THEREON, AND ANY PENALTY, CHARGE, OR PREMIUM OR ANY AMOUNTS PAYABLE THEREUNDER, OR HOWEVER DESIGNATED (Hereinafter referred to throughout as the"Note") IS A SPECIAL LIMITED OBLIGATION OF THE AUTHORITY PAYABLE SOLELY FROM THE REVENUES AND PROCEEDS PLEDGED THERETO AND SECURED BY THE MORTGAGE. THE NOTE AND THE INTEREST THEREON DO NOT CONSTITUTE NOR GIVE RISE TO A PECUNIARY LIABILITY, GENERAL OR MORAL OBLIGATION OR A PLEDGE OF THE FULL FAITH AND CREDIT OR TAXING POWER OF THE AUTHORITY, THE STATE OF MINNESOTA, OR ANY POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATIONS AND ARE NOT PAYABLE FROM OR A CHARGE UPON ANY FUNDS OF THE AUTHORITY OTHER THAN THE REVENUES AND PROCEEDS PLEDGED BY THE AUTHORITY TO THE PAYMENT THEREOF AND DO NOT GIVE RISE TO A PECUNIARY LIABILITY OF THE AUTHORITY NOR OF ANY OF ITS OFFICERS, AGENTS OR EMPLOYEES AND NO HOLDER OF THE NOTE SHALL EVER HAVE THE RIGHT TO COMPEL ANY EXERCISE OF THE TAXING POWER OF THE AUTHORITY OR THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS TO PAY THE NOTE OR TO ENFORCE PAYMENT THEREOF AGAINST ANY PROPERTY OF THE AUTHORITY. THE NOTE DOES NOT CONSTITUTE A CHARGE, LIEN OR ENCUMBRANCE, LEGAL OR EQUITABLE UPON ANY PROPERTY OF THE AUTHORITY,AND THE AGREEMENT OF THE AUTHORITY TO PERFORM OR CAUSE THE PERFORMANCE OF THE COVENANTS AND OTHER PROVISIONS HEREIN REFERRED TO SHALL BE SUBJECT AT ALL TIMES TO THE AVAILABILITY OF REVENUES OR OTHER FUNDS FURNISHED FOR SUCH PURPOSE IN ACCORDANCE WITH THE LOAN AGREEMENT, SUFFICIENT TO PAY ALL COSTS OF SUCH PERFORMANCE OR THE ENFORCEMENT THEREOF. NEITHER THE STATE OF MINNESOTA NOR ANY POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA 9 NOR THE AUTHORITY SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF THE NOTE,THE INTEREST THEREON OR OTHER COSTS INCIDENT THERETO EXCEPT FROM REVENUES PLEDGED THEREFOR UNDER THE LOAN AGREEMENT AND THE PLEDGE AGREEMENT,AS MORE FULLY SET FORTH IN THOSE DOCUMENTS. NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POWER,IF ANY, OF THE AUTHORITY, THE STATE OF MINNESOTA,NOR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF THE NOTE OR THE INTEREST THEREON OR OTHER COSTS INCIDENT THERETO. THE NOTE IS NOT A DEBT OF THE UNITED STATES OF AMERICA OR ANY OTHER AGENCY THEREOF AND IS NOT GUARANTEED BY THE FULL FAITH AND CREDIT OF THE UNITED STATES OF AMERICA. THE NOTE IS NEITHER A MORAL NOR AN ANNUAL APPROPRIATION OBLIGATION OF THE AUTHORITY,THE STATE OR ANY POLITICAL SUBDIVISION THEREOF. THE PROVISIONS OF THIS PARAGRAPH SHALL,FOR PURPOSES OF THE NOTE,BE CONTROLLING AND SHALL BE GIVEN FULL FORCE AND EFFECT,ANYTHING ELSE TO THE CONTRARY IN THE NOTE NOTWITHSTANDING. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist to happen and to be performed precedent to or in the issuance of this Note do exist,have happened and have been performed in regular and due form as required by law. 10 IN WITNESS WHEREOF, the Authority has caused this Note to be duly executed in its name by the manual signatures of the Chair and Executive Director,the corporate seal having been intentionally omitted as permitted by law, and has caused this Note to be dated as of July 2003. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,MINNESOTA Chair Attest: Executive Director S-1 PROVISIONS AS TO REGISTRATION The ownership of the unpaid Principal Balance of this Note and the interest accruing thereon is registered on the books of the Housing and Redevelopment Authority in and for the City of Eden Prairie in the name of the holder last noted below. Date of Name and Address Registration Registered Owner Signature of Executive Director Wells Fargo Brokerage Services, LLC 608 Second Avenue South MAC N9303-094 2003 Minneapolis,MN 55479 S-2 APPENDIX 1 Total Interest Principal After After Pmt Payment Payment Payment Payment Payment Payment Due Due Due Due Principal Termination Date Balance Value $3,100,000.00 1 $ $ $ $ $ 2 $ $ $ $ $ 3 $ $ $ $ $ 4 $ $ $ $ $ 5 $ $ $ $ $ 6 $ $ $ $ $ 7 $ $ $ $ $ 8 $ $ $ $ $ 9 $ $ $ $ $ 10 $ $ $ $ S-3 HRA AGENDA DATE: SECTION: Consent Calendar July15,2003 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Management&Budget Proposed Issuance and Sale of Elderly Housing Donald R.Uram Refunding Revenue Note(Elim Shores,Inc. Project), Series 2003 Requested Action Move to: • Adopt Resolution under Minnesota Statutes, Chapter 462C,Resolution providing for the issuance and sale of up to $2,900,000 in aggregate principal amount of its Elderly Housing Refunding Revenue Note(Elim Shores,Inc.Project), Series 2003, and authorizing the execution of certain documents in connection therewith. Background Information: Pursuant to Minnesota Statutes, Chapter 462C, as amended,the City of Eden Prairie has previously issued its Elderly Housing Refunding Revenue Bonds (Elim Shores, Inc.Project), Series 1996, originally dated as of March 1, 1996, of which$2,975,000 in principal amount remains outstanding, and loaned the proceeds of the Prior Bonds to Elim Shores,Inc., a Minnesota nonprofit corporation to be used for the purpose of paying the costs of acquisition, construction and furnishing of a 64-unit senior housing facility. At the request of the Corporation,the Housing and Redevelopment Authority in and for the City now proposes to issue its Elderly Housing Refunding Revenue Note(Elim Shores,Inc.Project), Series 2003,in the principal amount of$2,900,000, and loan the proceeds to the Corporation to be used to refund and retire the Prior Bonds on or about July 31,2003. The proposed refunding would reduce debt service costs for the development. Representatives of the developer will be available at the Council meeting to answer questions about the development and the refunding. Attachments Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 2003- A RESOLUTION RELATING TO THE ISSUANCE AND SALE OF AN ELDERLY HOUSING REFUNDING REVENUE NOTE (ELIM SHORES,INC.PROJECT), SERIES 2003,AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED by the Commissioners (the"Commissioners") of the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota(the"Authority"), as follows: WHEREAS,pursuant to Minnesota Statutes, Chapter 462C, as amended(hereinafter referred to as the"Act"), the City of Eden Prairie,Minnesota(the"City")has heretofore issued its Elderly Housing Refunding Revenue Bonds (Elim Shores, Inc. Project), Series 1996, originally dated as of March 1, 1996 (the"Prior Bonds"), of which$2,975,000 in principal amount remains outstanding, and loaned the proceeds of the Prior Bonds to Elim Shores, Inc., a Minnesota nonprofit corporation(the"Corporation")to be used for the purpose of paying the costs of acquisition, construction and furnishing of a 64-unit senior housing facility in the City (the"Project"); and WHEREAS, at the request of the Corporation and pursuant to the Act,the Housing and Redevelopment Authority in and for the City(the"Authority")now proposes to issue its Elderly Housing Refunding Revenue Note(Elim Shores, Inc. Project), Series 2003, in the principal amount not to exceed$2,900,000 (the"Series 2003 Note"), and loan the proceeds to the Corporation to be used to refund and retire the Prior Bonds on or about August 31, 2003; and WHEREAS, forms of the following documents relating to the issuance of the Series 2003 Note have been submitted to the Commissioners and are now on file in the office of the Executive Director: (a) Loan Agreement, dated as of July 1,2003 (the"Loan Agreement"),between the Authority and the Corporation,whereby, among other things, the Authority has agreed to sell the Series 2003 Note to provide funds to be loaned to the Corporation to pay the costs of retiring the Prior Bonds, and the Corporation has agreed to make loan repayments sufficient to pay debt service on the Series 2003 Note when due, and to pay related costs, expenses and fees of the Authority; (b) Assignment of Loan Agreement, dated as of July 1, 2003 (the"Assignment of Loan Agreement"),between the Authority and Bremer Bank,National Association(the"Bank"), as purchaser of the Series 2003 Note; (c) Mortgage,Assignment of Rents, Security Agreement and Fixture Financing Statement,dated as of July 1,2003 (the"Mortgage"), from the Corporation to the Bank; (d) Assignment of Leases and Rents, dated as of July 1,2003 (the"Assignment"), from the Corporation to the Bank; (e) Security Agreement,dated as of July 1,2003, from the Corporation to the Bank; (f) The Series 2003 Note, a form of which is attached hereto as Exhibit A, from the Authority to the Bank, as purchaser. The foregoing are referred to from time to time in this Resolution as the Note Documents. NOW,THEREFORE,BE IT RESOLVED BY THE COMMISSIONERS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE: 1. Findings. That it is hereby found and determined that: (a) The Authority is authorized to issue the Series 2003 Note pursuant to the provisions of the Act. (b) There is no litigation pending or,to the best of its knowledge,threatened, against the Authority relating to the Project or the Series 2003 Note or the Note Documents,or questioning the organization of the Authority or its power or authority to issue the Series 2003 Note or to execute and deliver the Note Documents required to be executed by the Authority. (c) The execution and delivery of, and the performance of the Authority's obligations under,the Series 2003 Note and the Note Documents do not and will not violate any material order of any court or other agency of government, or any material provision of any indenture, agreement or other instrument to which the Authority is a party or by which it or any of its property is bound, or be in conflict with,result in a breach of, or constitute(with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (d) No Commissioner(i)has a direct or indirect interest in the Project,the Note Documents or the Series 2003 Note, (ii)has a direct or indirect interest in the Corporation, or(iii)has received or will receive any commission,bonus or other remuneration for or in respect of the Project,the Note Documents or the Series 2003 Note. (e) The Authority believes that a substantial debt service savings can be achieved by the issuance and sale of the Bonds. 2. Approval and Execution of Note Documents. The forms of Note Documents referred to above are approved. The Note Documents required to be executed by the Authority shall be executed in the name and on behalf of the Authority by the Chair of the Commissioners (the"Chair") and the Executive Director of the Commissioners (the`Executive Director")in substantially the form on file,but with such changes therein,not inconsistent with the Act or other law, and Section 3 hereof, as may be approved by the City Attorney and the officers executing the same,which approval shall be conclusively evidenced by the execution thereof. The Chair and the Executive Director are also authorized and directed to execute such closing certificates and other documents as may be necessary to complete the issuance and delivery of the Series 2003 Note upon approval thereof by the City Attorney,which approval shall be conclusively evidenced by the execution thereof. 3. Approval of Terms and Sale of Series 2003 Note. The most recent draft of the form of the Series 2003 Note as provided to the Authority contains the terms and provisions of the Series 2003 Note as negotiated to date. At such time as the final terms of the Series 2003 Note become available,the Chair and Executive Director are authorized to execute the Series 2003 Note(and to consent to changes in the Note Documents reflecting such final terms) provided that(i)the total principal amount of Series 2003 Note to be issued shall not exceed $2,900,000, (ii)the final maturity of the Series 2003 Note shall not be later than October 1, 2023, (iii) the coupon rate on the Series 2003 Note shall not exceed 9.00%per annum and(iv) the purchase price of the Series 2003 Note paid by the Bank shall not be less than 100%of the par amount thereof,plus accrued interest to the date of issuance of the Series 2003 Note. 4. Qualified Tax-Exempt Obligation. The Note is hereby designated a"qualified tax-exempt obligation"within the meaning of Section 265(b)(3)of the Internal Revenue Code of 1986 (the"Code"). The Note is to be issued on behalf of an organization described in Section 501(c)(3) of the Code and is to be issued as a"qualified 501(c)(3)bond"under Section 145 of the Code. The Authority, together with all subordinate entities thereof, does not reasonably expect to issue tax-exempt obligations, including the Note (other than private activity bonds not constituting"qualified 501(c)(3)bonds") the sum of which,with all such obligations heretofore issued by the Authority or such subordinate entities in calendar year 2003, exceeds $10,000,000. 5. Execution and Delivery of Series 2003 Note. The Series 2003 Note shall be executed by the facsimile signatures of the Chair and the Executive Director, and the Series 2003 Note shall be delivered to the Bank upon payment of the agreed purchase price therefor, and upon receipt by the Bank of the signed legal opinion of Dorsey&Whitney LLP, of Minneapolis, Minnesota,bond counsel, and the other documents required pursuant to the Note Documents. 6. Certifications. The Chair, Executive Director and other officers of the Authority are authorized and directed to prepare and furnish to Dorsey&Whitney LLP,bond counsel,the Corporation, and the Bank certified copies of all proceedings and records of the Authority relating to the Project and the Series 2003 Note, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Authority as to the truth of all statements contained therein. 7. Limited Liability. No covenant,provision or agreement of the Authority herein or in the Series 2003 Note,the Note Documents or in any other document executed by the Authority in connection with the issuance, sale and delivery of the Series 2003 Note,or any obligation herein or therein imposed upon the Authority or breach thereof, shall give rise to a pecuniary liability of the Authority or a charge against its general credit or taxing powers or shall obligate the Authority financially in any way except with respect to the Loan Agreement and the application of revenues therefrom and the proceeds of the Series 2003 Note. No failure of the Authority to comply with any term,condition,covenant or agreement herein or therein shall subject the Authority to liability for any claim for damages, costs or other financial or pecuniary charges except to the extent that the same can be paid or recovered from the Loan Agreement or revenues therefrom or proceeds of the Series 2003 Note. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general funds or taxing powers of the Authority. In making the agreements,provisions and covenants set forth herein and in the Note Documents,the Authority has not obligated itself except with respect to the Loan Agreement and the application of revenues thereunder and the proceeds of the Series 2003 Note. The Series 2003 Note constitutes a special obligation of the Authority, payable solely from the revenues pledged to the payment thereof pursuant to the Loan Agreement, and does not now and shall never constitute an indebtedness or a loan of the credit of the Authority,the City,the State of Minnesota or any political subdivision thereof or a charge against the Authority's general taxing powers within the meaning of any constitutional or statutory provision whatsoever. 8. Costs. The Corporation has agreed to pay directly or through the Authority any and all costs incurred by the Authority in connection with the financing whether or not the financing is carried to completion and whether or not the Series 2003 Note or Note Documents are executed. Adopted by the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota,this 15th day of July,2003. Nancy Tyra-Lukens, Chair ATTEST: Scott H.Neal,Executive Director EXHIBIT A FORM OF NOTE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,MINNESOTA Elderly Housing Refunding Revenue Note (Elim Shores,Inc. Project), Series 2003 1) FOR VALUE RECEIVED, the HOUSING AND REDEVELOPMENT AUTHORITY in and for the CITY OF EDEN PRAIRIE, MINNESOTA (the "Issuer") hereby promises to pay to the order of BREMER BANK, NATIONAL ASSOCIATION (the "Lender"), a national banking association with its main banking house located in the City of Eden Prairie (the "City"), from the source and in the manner hereinafter provided, the principal sum of DOLLARS ($ ) (the "Loan"),with interest accruing on the unpaid principal balance hereof as of the date hereof at the rate specified herein, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America. 2) Interest shall accrue as of the date hereof on the unpaid principal balance at the following rates: Beginning on , 2003, and continuing through , 2023, principal and interest shall be amortized and paid on the lst day of each month (the "Payment Date") in consecutive monthly installments. The amount of each principal and interest payment shall be based upon a monthly amortization using 240 monthly payments and the interest rate set forth in (3) below; provided however that the amount of each installment shall be adjusted if and when the rate of interest is adjusted pursuant to Section 3 hereof to the amount necessary tq fully amortize the then- unpaid Principal Balance of the Loan at the adjusted interest rate in the then-remaining number of monthly installments. Unless sooner paid, the final installment of principal and interest shall be payable on ,2023 (the Final Maturity Date). 3) Interest shall accrue as of the date hereof on the unpaid principal balance at the following rates as set forth herein. Until the Final Maturity Date, at the written election of the Company to the Lender, on behalf of the Issuer, to the Lender at least 5 days prior to the 5 Year Adjustment Date or 10 Year Adjustment Date, as applicable,the interest rate shall be equal to (a) 70% of the sum of(A) the five year London Interbank Offered Rate ("LIBOR") Swap Rate plus (B) 275 basis points, provided however, that the interest rate on this Note shall in no event be less than 4.25% and no more than 8.00% per annum; which interest rate shall be adjusted each five years commencing , and on every -1- fifth anniversary thereof (the "5 Year Adjustment Date") to reflect changes in the LIBOR Swap Rate then in effect, or(b) 70% of the sum of(A) the ten year LIBOR Swap Rate plus (B) 275 basis points, provided however, that the interest rate shall in no event be less than 4.95% and no more than 8.70% per annum; which interest rate shall be adjusted on , (the "10 year Adjustment Date") to reflect the change in the LIBOR Swap Rate; and provided,however, if the Company, on behalf of the Issuer, does not elect (a) or(b)the interest rate shall be as provided in(a). For purposes hereof, LIBOR Swap Rate for 3(a) shall mean the rate per annum published as the LIBOR swap "ask" rate for a five (5) year term in the Federal Reserve Board Statistical Release H.15 (or equivalent reporting service selected by the Lender) on the last business day preceding any date of determination. In the event that the LIBOR Rate cannot be ascertained by the Lender due to changes in reports, publications, market conditions or regulatory requirements, then the Lender shall, in the exercise of its sole discretion, select a substitute rate or index that it believes to be reasonably equivalent to the LIBOR Rate and thereafter such substitute rate shall for all purposes be deemed to be the LIBOR Rate under this Note and the"LIBOR Swap Rate"for 3(b) shall mean the rate per annum published as the LIBOR swap "ask" rate for a ten (10) year term in the Federal Reserve Board Statistical Release H.15 (or equivalent reporting service selected by the Lender) on the last business day preceding any date of determination. In the event that the LIBOR Rate cannot be ascertained by the Lender due to changes in reports, publications, market conditions or regulatory requirements, then the Lender and the Company shall select a substitute rate or index that they believe to be reasonably equivalent to the LIBOR Rate and thereafter such substitute rate shall for all purposes be deemed to be the LIBOR Rate under this Note. 4) All payments made by the Issuer hereunder shall be applied to accrued interest and the remainder thereof to the principal balance hereof. 5) If the interest on this Note should become subject to federal income taxation pursuant to a Determination of Taxability, then the per annum rate of interest hereunder shall be automatically increased effective as of the Date of Taxability to a rate equal to 1.5 times the interest rate calculated in Section 3 above of this Note. The Issuer shall forthwith pay to the Bank the aggregate difference between (i) the amounts actually paid hereunder between the Date of Taxability and the date of receipt of notice of the Determination of Taxability, and (ii) the amounts which would have been due during such period if the increased interest rate had been in effect. 6) Principal and interest and any penalty, charge or premium due hereunder shall be payable at the principal office of the Lender, or at such other place as the Lender may designate in writing. In all cases interest shall be calculated on the basis of a year of 360 days and charged for actual days principal is unpaid. -2- 7. This Note has been designated as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3)of the Internal Revenue Code of 1986. 8. This Note is issued by the Issuer to provide funds for a project as described in the Loan Agreement dated as of July 1, 2003, between the Issuer and the Company (the "Loan Agreement"), and this Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota,particularly Minnesota Statutes, Chapter 462C, and pursuant to the Resolution adopted by the governing body of the Issuer on July 15, 2003. 9. This Note is secured by the Assignment of Loan Agreement, the Mortgage, the Security Agreement and the Assignment of Leases and Rents (said documents hereinafter collectively referred to as the "Security Documents"), and is entitled to all of the security and benefits provided for in such agreements. 10. The Lender may extend the times of payment of interest and/or principal of or any penalty, charge or premium due on this Note, except the date of the final maturity date, with the consent of the Issuer but without any requirement of notice to or the consent of any other party liable herein and without releasing any such party. 11. In each calendar year, this Note may be prepaid, in part, without premium or penalty in an amount not to exceed 5% of the outstanding principal balance as of the beginning of such calendar year. This Note may be prepaid in whole on the 5 Year Adjustment Date or the 10 Year Adjustment Date if the Borrower gives written notice to the Lender 30 days prior to the 5 Year Adjustment Date or 10 Year Adjustment Date, as applicable, without premium or penalty. This Note may be prepaid in whole or in part on any installment date by payment of a prepayment penalty equal to 1% times the number of full years prior to the next succeeding 5 Year Adjustment Date if the Note bears interest at the rate under 3(ii)(a) or the prepayment penalty shall be equal to 1%times the number of full years prior to the 10 Year Adjustment Date if the Note bears interest at the rate under 3(ii)(b). This Note is also subject to mandatory prepayment, without premium or penalty, as provided in Section 3.8 of the Loan Agreement. All prepayments shall be applied first to accrued interest and then to principal. All prepayments applied to principal shall be applied to installments of principal in the inverse order of their maturity. 12. All of the agreements, conditions, covenants,provisions and stipulations contained in the Resolution, the Security Documents and the Loan Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. 13. THE NOTE, INTEREST THEREON, AND ANY PENALTY, CHARGE, OR PREMIUM OR ANY AMOUNTS PAYABLE THEREUNDER, OR HOWEVER DESIGNATED (as used in this Paragraph 13, the "Note") IS A SPECIAL LIMITED OBLIGATION OF THE ISSUER PAYABLE SOLELY FROM THE REVENUES AND PROCEEDS PLEDGED THERETO. THE NOTE AND THE INTEREST THEREON DO NOT CONSTITUTE NOR GIVE RISE TO A PECUNIARY LIABILITY, GENERAL OR MORAL OBLIGATION OR A PLEDGE OF THE FULL FAITH AND CREDIT OR TAXING POWER OF THE ISSUER, THE STATE OF MINNESOTA, OR ANY POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATIONS -3- AND ARE NOT PAYABLE FROM OR A CHARGE UPON ANY FUNDS OF THE ISSUER OTHER THAN THE REVENUES AND PROCEEDS PLEDGED BY THE ISSUER TO THE PAYMENT THEREOF AND DO NOT GIVE RISE TO A PECUNIARY LIABILITY OF THE ISSUER NOR OF ANY OF ITS OFFICERS,AGENTS OR EMPLOYEES AND NO HOLDER OF THE NOTE SHALL EVER HAVE THE RIGHT TO COMPEL ANY EXERCISE OF THE TAXING POWER OF THE ISSUER OR THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS TO PAY THE NOTE OR TO ENFORCE PAYMENT THEREOF AGAINST ANY PROPERTY OF THE ISSUER. THE NOTE DOES NOT CONSTITUTE A CHARGE, LIEN OR ENCUMBRANCE, LEGAL OR EQUITABLE UPON ANY PROPERTY OF THE ISSUER AND THE AGREEMENT OF THE ISSUER TO PERFORM OR CAUSE THE PERFORMANCE OF THE COVENANTS AND OTHER PROVISIONS HEREIN REFERRED TO SHALL BE SUBJECT AT ALL TIMES TO THE AVAILABILITY OF REVENUES OR OTHER FUNDS FURNISHED FOR SUCH PURPOSE IN ACCORDANCE WITH THE LOAN AGREEMENT, SUFFICIENT TO PAY ALL COSTS OF SUCH PERFORMANCE OR THE ENFORCEMENT THEREOF. NEITHER THE STATE OF MINNESOTA NOR ANY POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA NOR THE ISSUER SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF THE NOTE, THE INTEREST THEREON OR OTHER COSTS INCIDENT THERETO EXCEPT FROM REVENUES PLEDGED THEREFOR UNDER THE LOAN AGREEMENT AND ASSIGNMENT OF LOAN AGREEMENT,AS MORE FULLY SET FORTH THEREIN. NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POWER, IF ANY, OF THE ISSUER, THE STATE OF MINNESOTA, NOR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF THE NOTE OR THE INTEREST THEREON OR OTHER COSTS INCIDENT THERETO. THE NOTE IS NOT A DEBT OF THE UNITED STATES OF AMERICA, HUD, FHA, GNMA OR ANY OTHER AGENCY THEREOF AND IS NOT GUARANTEED BY THE FULL FAITH AND CREDIT OF THE UNITED STATES OF AMERICA. THE NOTE IS NEITHER A MORAL NOR AN ANNUAL APPROPRIATION OBLIGATION OF THE ISSUER, THE STATE OR ANY POLITICAL SUBDIVISION THEREOF. THE PROVISIONS OF THIS PARAGRAPH SHALL, FOR PURPOSES OF THE NOTE, BE CONTROLLING AND SHALL BE GIVEN FULL FORCE AND EFFECT, ANYTHING ELSE TO THE CONTRARY IN THE NOTE NOTWITHSTANDING. 14. It is agreed that time is of the essence of this Note. If any installment of principal or interest on this Note is not paid within fifteen (15) days of the due date thereof, the Lender shall be entitled to receive a late charge equal to five percent(5%)of the amount of such installment. 15. The remedies of the Lender, as provided herein, by law and in the Security Documents and the Loan Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 16. The Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. -4- 17. This Note has been issued without registration under state or federal securities laws, pursuant to an applicable exemption for such issuance. Accordingly,this Note may not be assigned or transferred, in whole or in part, nor may a participation interest in this Note be sold pursuant to any participation agreement, except pursuant to and in accordance with applicable registration requirements under such laws or an applicable exemption from such registration requirements. 18. All capitalized terms used herein not otherwise defined herein shall have the respective meaning assigned to such term in the Loan Agreement, including, without limitation, the following terms: Resolution; Mortgage; Assignment of Leases and Rents; Loan; Project; Determination of Taxability; and Date of Taxability. 19. As provided in the Resolution and subject to certain limitations set forth therein, this Note is transferable upon the books of the Issuer at the office of the Executive Director of the Issuer by the Lender in person or by its agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the Executive Director of the Issuer duly executed by the Lender or its duly authorized agent. Upon such transfer the Executive Director of the Issuer will note the date of registration and the name and address of the new registered holder in the registration blank appearing below. The Issuer may deem and treat the person in whose name this Note is last registered upon the books of the Issuer with such registration noted on this Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance hereof or interest herein and for all other purposes, and all such payments so made to the Lender or upon its order shall be valid and effectual to satisfy and discharge the liability of the Issuer hereunder to the extent of the sum or sums so paid, and the Issuer shall not be affected by any notice to the contrary. 20. The Issuer hereby waives presentment, demand, protest and notices of protest and dishonor. -5- IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist,happen and be performed precedent to or in the issuance of this Note do exist,have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the Issuer has caused this Note to be duly executed in its name by the manual signatures of the Chair and the Executive Director,has caused the Executive Director to affix the seal of the Issuer hereto, and has caused this Note to be dated as of the first day of July, 2003 HOUSING AND REDEVELOPMENT AUTHORITY in and for the CITY OF EDEN PRAIRIE,MINNESOTA Chair Executive Director PROVISIONS AS TO REGISTRATION The ownership of the principal balance of this Note and the interest accruing thereon is registered on the books of the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota,in the name of the holder last noted below. Date of Registration Name and Address of Registered Holder Executive Director 2003 Bremer Bank,National Association 360 Cedar Street St. Paul,Minnesota 55101 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY,JULY 15,2003 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman, and Philip Young CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert,Public Works Director Eugene Dietz,Management and Budget Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Theresa Brundage I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PRESENTATION ON THE JEAN HARRIS MEMORIAL BRIDGE PROJECT V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JULY 1, 2003 (p. 1) VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST (p. 12) B. LIFETOUCH by Lifetouch. 2nd Reading for Planned Unit Development District Review on 16.22 acres,Zoning District Change From Commercial Regional to Office on 3.539 acres, and Site Plan Review on 16.22 acres. Location: Viking Drive. (Ordinance for PUD District Review, Zoning District Change,Resolution for Site Plan Review) (p. 13) C. PONDS EDGE by LandGeeks, LLC. 2nd Reading for Planned Unit Development District Review with waivers On 8.63 acres, Zoning District Change from Rural to R1-13.5 on 7.16 acres, and Zoning District Amendment within the R1-13.5 District on 1.47 acres. Location: South of Pioneer Trail, west of Stable Path. (Ordinance for PUD District Review, Zoning District Change, Zoning District Amendment) (p. 19) D. ADOPT RESOLUTION APPROVING FINAL PLAT OF PONDS EDGE (p. 24) E. ADOPT RESOLUTION APPROVING FINAL PLAT OF THE COVE 2ND ADDITION (p. 27) CITY COUNCIL AGENDA July 15,2003 Page 2 F. APPROVE QUOTE AND AUTHORIZE PURCHASE OF GPS (GLOBAL POSITIONING SYSTEM)EQUIPMENT (p. 30) G. DECLARATION OF CONSERVATION COVENANTS, CONDITIONS AND RESTRICTIONS FOR OUTLOT A WELTERS TRAILHEAD (p. 34) H. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF TAX FORFEITED LAND-HENNEPIN COUNTY NON-CONSERVATION LIST 884-NC (p. 37) I. ADOPT RESOLUTION AUTHORIZING DISPOSAL OF TAX FORFEITED LAND-HENNEPIN COUNTY NON-CONSERVATION LIST 1027-NC (p. 41) J. ADOPT RESOLUTION APPROVING THE ISSUANCE OF A COMMERCIAL DEVELOPMENT REVENUE NOTE UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,MINNESOTA(MEMORIAL BLOOD CENTERS) (p. 44) VIII. PUBLIC HEARINGS /MEETINGS A. BRYANT LAKE VIEW SECOND by On the Level Inc. Request for Preliminary Plat of 2.57 acres into 2 lots. Location: South of Crosstown, east side of Beach Road. (Resolution for Preliminary Plat) (p. 46) B. HERITAGE PRESERVATION SITE ALTERATION PERMIT#2003-01-0004 by the City of Eden Prairie. Request to allow renovation of the 1928 dairy barn, and adjacent site improvements. Location: 9100 Riley Lake Road(continued from June 3,2003) (p. 53) C. CODE AMENDMENT—STANDARDS FOR THE PROTECTION OF WET- LANDS (First Reading of an Ordinance Amending City Code Chapter 11.51) (p. 57) IX. PAYMENT OF CLAIMS (p. 62) X. ORDINANCES AND RESOLUTIONS A. EMERSON PROCESS MANAGEMENT ADDITION by Rosemount Inc. Request for Planned Unit Development Concept Review on 58.89 acres,Planned Unit Development District Review on 58.89 acres,Rezoning from Rural to I-5 on 9.2 acres, and Preliminary Plat of 58.89 acres into 2 lots. Location 12001 Technology Drive. (Resolution for PUD Concept Review, Ordinance for PUD District Review,Zoning District Change,Zoning District Change,Resolution for Preliminary Plat) (p. 70) XL PETITIONS,REQUESTS AND COMMUNICATIONS XH. REPORTS OF ADVISORY BOARDS& COMMISSIONS CITY COUNCIL AGENDA July 15,2003 Page 3 XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Council Action On Historic Preservation Requests 69. 95) C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JULY 1,2003 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, Jan Mosman and Philip Young CITY COUNCIL STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Carol Pelzel I. ROLL CALL/CALL THE MEETING TO ORDER Councilmember Sherry Butcher was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION Mayor Tyra-Lukens announced that the City Council provides an Open Forum opportunity for Eden Prairie citizens to address the Council on issues related to Eden Prairie city government on the first and third Tuesday of each month from 6:30-6:50 p.m in the Council Chambers immediately prior to the start of the City Council's regularly scheduled meetings. Open Forum is reserved for scheduled participants. If you wish to speak to the Council during Open Forum,please contact Ms. Lorene McWaters in the City Manager's office by calling 952.949.8412 by noon of the meeting date with your name and the subject matter you wish to address. She said the Council also provides an impromptu,unscheduled Open Podium opportunity for citizens to address the Council concerning issues related to Eden Prairie city government from 6:50 to 7:00 p.m. immediately following Open Forum. Open Forum and Open Podium are not recorded or televised. The City Council reserves the right to adjust the time allocations for Open Forum and Open Podium. If you have questions about the process or procedures of Open Forum and Open Podium,please contact the City Manager's office. CITY COUNCIL MEETING July 1,2003 Page 2 IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Sandy Werts,Director for the Fourth of July celebration,invited the City Council to attend the 19th annual Fourth of July event.Activities begin at 7:30 a.m.with fireworks scheduled at 10:00 p.m. In response to a question from Tyra-Lukens, Werts explained that they have plenty of volunteers and they will use all of those who volunteer. Under Item XIII A. Reports of Councilmembers,Young said he has an item he would like to discuss.Neal indicated that he would like to add three items under XIII B. Report of City Manager. MOTION: Mosman moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 4-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 17, 2003 MOTION: Case moved, seconded by Young,to approve as published, the minutes of the City Council Workshop held June 17, 2003. Motion carried 3-0-1 with Mosman abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 17, 2003 MOTION: Case moved, seconded by Young,to approve as published, the minutes of the City Council meeting held June 17, 2003. Motion carried 3-0-1 with Mosman abstaining. VI. CONSENT CALENDAR A. INGRAM PROPERTY by Todd Ingram. 2nd Reading for Planned Unit Development District Review with waivers on 5.19 acres and Zoning District Change from Rural to R1-13.5 on 5.19 acres. Location: 9500 Stable Path. (Ordinance No. 16-2003-PUD-7-2003 for PUD District Review,Zoning District Change) B. WILLIAM A. SMALL PROPERTY by The Pemtom Land Company. Approval of Development Agreement. Location: 16525 Beverly Drive. C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 4.22,4.32,4.33 AND 4.41,RELATING TO THE HOURS LIQUOR MAY BE SERVED (Ordinance No. 21-2003) D. ADOPT THE REVISED CITY OF EDEN PRAIRIE STRATEGIC PLAN CITY COUNCIL MEETING July 1,2003 Page 3 E. AWARD BID FOR CONSTRUCTION OF THE PURGATORY CREEK RECREATION AREA RESTROOM BUILDING TO AMERICAN LIBERTY CONSTRUCTION F. ADOPT RESOLUTION DECLARING PROPERTY AS "ABANDONED PROPERTY" (Resolution No. 2003-106) MOTION: Young moved, seconded by Case,to approve Items A-F of the Consent Calendar. Motion carried,4-0. VII. PUBLIC HEARINGS/MEETINGS A. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 10,BLOCK 4,BLUFF'S WEST (10386 Concord Drive),I.C. 03- 07 (Resolution No. 2003-107) City Manager Scott Neal explained that official notice of this public hearing was published in the June 12, 2003,Eden Prairie Sun Current, and sent to six property owners. The property owner has requested this vacation to allow construction of a garage and sport court. The area requested for vacation was originally envisioned as a shallow temporary ponding area. The property was used for this purpose for a short time until storm sewer improvements eliminated the need for short-term ponding on this lot. There were no comments from the public. MOTION: Case moved, seconded by Mosman, to close the public hearing and to adopt Resolution No. 2003-107 vacating part of the drainage and utility easement over Lot 10,Block 4, Bluff's West. The motion carried 4-0. B. EMERSON PROCESS MANAGEMENT ADDITION by Rosemount Inc. Request for Planned Unit Development Concept Review on 58.89 acres. Planned Unit Development District Review on 58.89 acres,rezoning from Rural to I-5 on 9.2 acres, and Preliminary Plat of 58.89 acres into two lots. Location 12001 Technology Drive. City Manager Scott Neal reported that official notice of this public hearing was published in the June 19,2003,Eden Prairie Sun Current, and sent to 20 property owners. Neal stated that the project is a subdivision of 58.89 acres into two lots and a rezoning of 9.2 acres from Rural to I-5. The Community Planning Board voted 7-0 to recommend approval of the project at its June 9, 2003 meeting with the following conditions: 1. Dedication of a road easement. 2. The road would be constructed when any of the following occur: 3 CITY COUNCIL MEETING July 1,2003 Page 4 ■ Rezoning,Guide Plan Change, Subdivision, or major building expansion initiated by the property owner. 3. Construction of the 494 interchange and closing of Technology Drive. A shoreland building setback waiver from 200 feet to 100 feet.An impervious surface waiver from 35 percent to 70 percent.Parking setback waiver from ten feet to zero feet for proposed Lot 1. Michael Franzen, City Planner,explained that in addition to the items discussed in the Staff report,there are two additional issues that need to be discussed as part of the public hearing. The first issue is who pays for the cost of the road. The road is to be constructed in the road easement running across the property.Franzen further explained that there are three possible methods for payment. One method is that payment be the responsibility of Rosemount. If Rosemount chooses to expand on the property,the construction cost would be at their expense.Franzen said another option for payment would be if the property were sold to another developer which would require a guideline change or rezoning,the construction cost would be borne by the new property owner. The third method of payment would be if MNDOT proceeds with construction of a new interchange at Highways 212/494 and Technology Drive is closed,the road would be constructed at the expense of the public. Franzen stated that the second item that needs to be addressed is whether or not a Traffic Demand Management(TDM)Plan is required. Staff is recommending that such a plan be completed for this proposal. Evan Rice,Legal Counsel representing Rosemount/Emerson,thanked City staff for working with them in addressing their concerns.Rice explained that they do not agree with the two recommendations staff is making this evening. Emerson currently has two existing production facilities on the 58-acre site. Because of some plant consolidation they will only be using the one building on Lot 1. Costco is under contract for use of the unused land subject to this subdivision. Rice explained that whether the Costco plan is approved or not,Emerson wants to take the necessary steps to subdivide the excess and surplus land. Rice explained that they object to their having to prepare a TDM Plan. The Plan is used to reduce peak hour traffic or traffic on the Interstate 494 corridor. They feel that the TDM plan is unnecessary and they are,therefore,respectfully requesting that the Council waive this requirement. Emerson has already instituted all of the things the TDM Plan would recommend as traffic reduction measures. They do have shift work,telecommuting,vanpooling, etc. This proposal will reduce staff and the number of trips will also be reduced. Rice said they feel that the cost incurred is money not well spent and for the reasons stated they are asking that the requirement for the TDM Plan be waived. Rice stated that the other issue they object to is the question of who pays for the construction of the future road across the property retained by Emerson in the Li CITY COUNCIL MEETING July 1,2003 Page 5 event of eventual construction.Rice explained that the easement requirement imposed by the Planning Department is acceptable and Emerson is willing to grant the easement for future construction of a road,however,not without reservations or concerns. The proposed placement of the road splits the existing parcel in half. If the road is constructed as proposed it would isolate one-third of the remaining lot. It calls for the reconstruction and alteration of the existing driveway and use patterns. Rice further explained that the main issue is that of cost and it puts them over a threshold they are not comfortable with. They also feel that the cost issue does not have sufficient connection with this application for the subdivision.Rice said the cost associated with this proposal is disproportionate to what they are asking and they feel it is unfair to be asked to pay for the road under these circumstances.Emerson is happy to dedicate the easement for future roadway purposes but the costs associated with the road are something they are not agreeable to.Rice asked that the Council approve this plan and they feel that it makes sense for Emerson and the City of Eden Prairie but the cost issue is crucial. If the Council should be inclined to agree with the City Staff's recommendation,he asked that they consider tabling this item to allow them adequate time to discuss this further with City staff to see if they can reach an agreeable solution. Neal responded to the issue of the Transportation Management Plan. This is something that the City has routinely asked of other parties.For example,they are in the process of completing one for the City Center. Staff does not believe this is burdensome and they feel that this is not a difficult project for Emerson. With regard to the road,Neal explained that the road project is something for the future and staff feels it is important that a road connect Singletree Road and Technology Drive.For any future redevelopment project,the cost of the road would be a relatively minor cost. What the City has asked for is what they would typically ask and is a standard process for this type of project.Neal stated that City Staff does reaffirm their recommendation. Public Works Director Eugene Dietz explained that State Statutes does allow the City to require right-of-way dedication during the subdivision process and the purpose of this is to be sure they have the highest and best use of the property. Dietz further explained that some time in the future there might be a different use coming in which does not require a subdivision. This is possibly the only time the City may be able to establish the road requirement. The only instance in which Rosemount or its successor would be required to pay for this road project is if they initiate some kind of development plan for this site. Dietz said the estimated cost of$400,000 for the road construction is most likely a minor cost of what might occur on this site. Case questioned why the road could not run down the lot line. Should Costco develop the site, access would be allowed from multiple directions.Dietz responded that because of the way Costco is proposing to place their building on the site,a total reorientation of the building would have been required.Also,there is an apartment development adjacent to this site and the road placement on the 5 CITY COUNCIL MEETING July 1,2003 Page 6 lot line would create separation at that location.Dietz explained that there is an NSP easement and they have not considered the possibility that NSP may not grant them the use of this easement. This will be dealt with some time in the future and is not something that is critical for today.Dietz said it is Staffs opinion that there is no other location for placement of the road other than what is recommended.Perhaps the best solution in the future would be to follow the NSP line and then swing over to Eden Road. With regard to the TDM Plan, Case said it is his impression that Emerson could probably just fill in the blanks. He questioned if the cost is reasonable and if the City would be able to assist them in this process. Case said he would not be in favor of granting a waiver since this would set precedence.He said the applicant is cutting the number of employees and asked if there was any way the City could help the applicant without granting a waiver.Dietz responded that the Plan is not just a form to be completed. The City does have some examples of plans and Emerson is welcome to review those.Typically the TDM Plan is completed by a consultant and the cost could be anywhere from$5,000 to $15,000. The cost for Emerson to complete the Plan should not be at the high end. In addition to the cost for the Plan,there are other hard costs involved for restriping, signing for car pools, etc. Mosman said she feels the TDM Plan is very important.Much of the expense for ride sharing and general pooling is borne by the Met Council.There is a lot to be offered that benefits the public and is paid for by others than private companies. Mosman asked if Rosemount had previously completed a TDM Plan.Rice said he did not think they had. Mosman said traffic management becomes more and more necessary as transportation problems develop. Lee Bachman,Vice President of Bachmans, explained that he is the present owner of the existing Bachman retail store on Prairie Center Drive that is south of the proposed development. He indicated that at a subsequent public hearing discussion was held on the Costco Development.He questioned if there would be an outdoor garden center on the proposed Costco site and if there are any restrictions to the size and visibility.Franzen responded that Costco has made a presentation to the Planning Board and those plans did not identify an outdoor garden area. Rice explained that the applicant has tried to be sensitive to the City's desire to provide for future transportation. The issue before the Council this evening is one of cost. The applicant questions whether it is fair or legal to require Rosemount to incur the additional expense for the proposed road. It is not fair to ask the applicant to pay extreme costs for something it might do. It does not seem right to require that they pay in the event they develop the property for some other use. Rice stated that their primary concern is their ability to continue to use the site in the same fashion that it has been used for over 30 years and to require the applicant to bear extraordinary expenses to continue to use the property as they have does not seem right. CITY COUNCIL MEETING July 1,2003 Page 7 Dietz said they might be able to look at narrowing down the expansion requirement in the range of 20 percent to 25 percent before it would trigger the road improvement. They would not expect to require the developer to pay for the road if it is a modest expansion. Dietz pointed out that unreasonable cost does not come into play;this is a 60-acre development. The last development of this size was assessed over$1 million. Dietz said Staff does not feel that an assessment of $400,000 for this project is a huge imposition.Rice said it would certainly be helpful to have further explanation of the meaning of"major expansion". Emerson will receive no benefit from the expansion of the proposed road. The road is not related to what they are asking the City to do but it is related to the City's future transportation needs.As a result of this application,traffic to this site should decrease. MOTION: Young moved, seconded by Case,to close the public hearing. Motion carried 4-0. Young said he sees no good reason to waive the TDM Plan. It is a reasonable request and he hesitates to rely on information previously supplied. With regards to the cost issue,Young said he feels the City has been very accommodating in their discussions and negotiations. MOTION: Case moved, seconded by Mosman,to continue discussion of this item to the July 15 meeting to give Emerson the opportunity for further discussion with City staff to resolve certain outstanding issues. Motion carried 4-0. C. SOUTHWEST STATION SIGN by Southwest Metro.Request for Planned Unit Development Concept Amendment on 21.84 acres,Planned Unit Development District Amendment with waivers on 21.84 acres, and Zoning District Amendments in the Commercial Regional Service Zoning District on 12.95 acres. Location:North of Technology Drive, south of T.H. 312 and west of Prairie Center Drive. (Resolution No. 2003-108 for PUD Concept Amendment, Ordinance for PUD District Review,Zoning District Amendment). City Manger Scott Neal reported that official notice of this public hearing was published in the June 19,2003,Eden Prairie Sun Current and sent to six property owners. Neal explained that Southwest Metro Transit is requesting the following sign waivers from the City Code to permit additional freestanding signs for the purpose of promoting mixed land use and transit. • Waiver from two freestanding signs to 80 freestanding signs. • Waiver from 116 square feet of sign area to 1,000 square feet. Southwest Metro Transit would like to transfer excess allowable square footage for wall signs, freestanding signs and area identifications to be displayed as banners on decorative light poles. The Community Planning Board voted 5-2 to CITY COUNCIL MEETING July 1,2003 Page 8 recommend approval of the project at its June 9,2003 meeting with the following condition. 1. Banners shall not be used for any commercial advertising. City Planner Michael Franzen explained that it is important that they discuss some of the reasons for considering sign waivers. This is a promotion of a mixed land use and transit. This request is reasonable and is something that the City would not normally approve if it were in a commercial area. Staff does support this request of waiver. Bob Worthington,Developer/Consultant for Southwest Metro, said they endorse the recommendation of the Planning Board. These banners are special enhancements as opposed to advertisement signs. The banners will be made from vinyl material and are not overbearing. Mosman said when she had been in Salt Lake City for the National League of Cities conference they did see examples of public areas using these colored panels.Mosman said she feels the panels will be a great addition to the transit station. Case pointed out that the City of Shakopee has similar panels hanging on their light posts with commercial advertising. He suggested that they look at something similar to this in their Market Center area. Case said he too feels that the idea of using these panels at the Southwest Transit Station is a great idea. Eden Prairie resident Basil Wissner appeared before the Council and asked that they sincerely consider this request and be aware that they will be flooded with requests for businesses to use these panels. Mayor Tyra-Lukens indicated that each request would be dealt with as it is received. MOTION: Case moved, seconded by Young,to close the public hearing, adopt Resolution No. 2003-108 for Planned Unit Development Concept Review on 21.84 acres; and approve the first reading of the Ordinance for Planned Unit Development District Review with a Zoning District Amendment in the Commercial Region Service Zoning District on 21.84 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 4-0. VIII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Young,to approve the Payment of Claims. The motion was approved on a roll call vote,with Case,Mosman,Young and Tyra- Lukens voting"aye". CITY COUNCIL MEETING July 1,2003 Page 9 IX. ORDINANCES AND RESOLUTIONS A. FINAL PALT OF EAGLE RIDGE AT HENNEPIN VILLAGE ONE Neal reported that Wooddale Builders is changing the size and shape of the townhouse units which requires that the lot lines and drainage utility easements be relocated. This proposal is located north of TH 212 between Spring Road and Flying Cloud Airport. The revised plat will consist of 44.87 acres to be divided into 200 lots, 11 outlots and right-of-way dedication for street purposes. This phase will have 130 town home units and 64 single-family lots. Public Works Director Eugene Dietz explained that the plats are identical except for 14 lots that are being removed from the old plat and being replaced with two outlots in the new plat. Wooddale Builders will more than likely take these outlots back to the Planning Board and look at changing the dimensions, etc. Their request will be to increase the number of lots in the two outlots. This will come back through the process with staff review and a recommendation from the Planning Board. This will be a two phase process for the final plat. 1. Resolution No. 2003-109 Rescinding Final Plat of Eagle Ridge at Hennepin Village MOTION: Case moved, seconded by Young,to adopt Resolution No. 2003- 109 rescinding the final plat approval of Eagle Ridge at Hennepin Village One for 214 lots approved by the City Council on June 3, 2003. Motion carried 4- 0. 2. Resolution NO. 2003-110 Approving Revised Final Plat of Eagle Ridge at Hennepin Village MOTION: Case moved, seconded by Mosman, to adopt Resolution No. 2003-110 approving the revised final plat of Eagle Ridge at Hennepin Village One for 200 lots. Motion carried 4-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS Young asked that they discuss at a future meeting the procedural steps used by Councilmembers to have items placed on the City Council's agenda. He indicated that he would also like to discuss the interplay of the Council as a body and how 9 CITY COUNCIL MEETING July 1,2003 Page 10 they interact with City staff.Young said he would like to discuss the policies or procedures and preferred methods of doing business and how it may affect or limit a Councilmembers' ability to place items on the Council's agenda.Young said he does have some difficulties with the policy and strongly believes that they should exercise that authority with discretion. Young stated that he is very concerned about limiting the Council's authority in controlling what is being placed on the Council's agenda.He also questioned what is appropriate in contacting the City Manager, City Attorney or other City staff. Young said he is comfortable with all agenda items going through the City Manager and he intends to follow that process. Tyra-Lukens explained that the previous five Councilmembers unofficially agreed upon the standard of operation. She said if Young is not comfortable with that standard and would like to do something different that is fine. For example,when ordinances are brought forward there is a fair amount of legal expenses incurred in having the Ordinance drafted. This is one of the reasons for not having individual Councilmembers randomly bring forth Ordinance changes. There is a more prudent way to do this. Case said he would like to discuss this further at an informal workshop since there are gray areas to the policies and procedures. Any Councilmember should not be limited in their ability to do their job. There is no rulebook on how to be a Council- member but there are certain rules that apply some times. Tyra-Lukens asked that the City Manager schedule this item to be discussed further at a future City workshop. Mayor Tyra-Lukens read a Proclamation recognizing Adam Steele as the world champion for running the fastest 400-meter dash at the Men's NCAA Outdoor Track and Field Championship. Steele is a 1999 graduate of Eden Prairie High School. Mayor Tyra-Lukens presented a report on the US Conference of Mayors that she attended. She felt it was a very worthwhile conference that focused on unfunded mandates and homeland security issues. Tyra-Lukens reviewed with the Councilmember's information she had received at the Conference. B. REPORT OF CITY MANAGER Neal reported that at the July 15th meeting, the City's Fire Chief would be making a presentation to the Council about a potential new fire station. They are looking at locations in the southwest quadrant of the City and are very close to a couple recommendations. Neal stated that Staff will begin a series of budget reviews for the 2004 and 2005 budgets.Neal distributed a copy of the City's Annual Report.Mosman complimented staff for the excellent job they did in preparing this report. It is easy to read and follow. /0 CITY COUNCIL MEETING July 1,2003 Page 11 Neal presented a brief overview of the League of Minnesota Cities conference that was held in St. Cloud.Discussion was held on LGA and the impact the changes is having on cities of all sizes. They also reviewed new laws and acts of the Legislature. Neal reported that Kevin Schmieg,the City's Building Official,was interviewed by Channel 9 regarding decks in light of the recent collapse of a deck in the Chicago area. C. REPORT OF MANAGEMENT AND BUDGET DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS XV. ADJOURNMENT MOTION: Case moved, seconded by Young,to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:30 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police/C.O.P.Unit Clerk's License Application List Christy Weigel A These licenses have been approved by the department heads responsible for the licensed activity. Private Kennel Michelle Stack—3 Cats & 1 Dog Amendment to Liquor License— 2AM Closing Permit Champps Operating Corporation DBA Champps Restaurant and Bar Redstone American Grill, Inc. DBA Redstone ID.. CITY COUNCIL AGENDA DATE: 7/15/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R. Uram Lifetouch T ,E Michael D. Franzen Requested Action Move to: a Approve 2nd Reading of the Ordinance for PUD District Review and Zoning Change from Commercial Regional to Office on 3.539 acres; and • Adopt the Resolution for Site Plan Review on 16.22 acres; and • Approve the Development Agreement for Lifetouch Synopsis This is for a 157,480 square foot office building. Attachments 1. Ordinance for PUD District Review and Zoning District Change 2. Resolution for Site Plan Review 3. Development Agreement 13 LIFETOUCH CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 2003- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LIFETOUCH BY LIFETOUCH WHEREAS, Lifetouch, has applied for Site Plan approval of Lifetouch for construction of a 157,480 square foot office building by an Ordinance approved by the City Council on June 3,2003; and WHEREAS, the Community Planning Board reviewed said application at a public hearing at its April 28,2003 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its May 6, 2003 meeting. NOW, T HEREFORE,B E I T H EREBY RESOLVED B Y T HE C ITY C OUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Lifetouch for Lifetouch,based on plans dated May 6, 2003,between Lifetouch, and the City of Eden Prairie. ADOPTED by the City Council of the City of Eden Prairie this 15th day of July,2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk 121 Llr'ETOUCH CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 18-2003-PUD-9-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Commercial Regional Zoning District and be placed in the Planned Unit Development Office Zoning District 18-2003-PUD-9-2003 (hereinafter"PUD-9-2003-Office"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of July 15, 2003, entered into between Lifetouch, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-9-2003-Office, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-9-2003-Office is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2003-Office is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-9-2003-Office are justified by the design of the development described therein. D. PUD-9-2003-Office is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the Office Zoning District and shall be i5 included hereafter in the Planned Unit Development PUD-9-2003-Office and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of May, 2003, 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 15th day of July, 2003. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A PUD Legal Description —Lifetouch Legal Description Before Final Plat Lot 1 and Lot 2,Block 1 and Outlot A, Lifetouch Addition,Hennepin County,Minnesota Legal Description After Final Plat Lot 1,Block 1 and Outlot A, Lifetouch 2nd Addition,Hennepin County,Minnesota I LIFETOUCH CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 18-2003-PUD-9-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located on Viking Drive from the Commercial Regional Zoning District to the Office Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on . (A full copy of the text of this Ordinance is available from City Clerk.) 11 CITY COUNCIL AGENDA DATE: 7/15/03 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning �fj-�- Donald R.Uram Ponds Edge - r L •C . Scott A. Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review, Zoning District Change from Rural to R1-13.5 on 7.16 acres, and Zoning District Amendment within the R1-13.5 on 1.47 acres; and • Approve the Development Agreement for Ponds Edge Synopsis This is for 15 single family lots. Attachments 1. Ordinance for PUD District Review, Zoning District Change and Zoning District Amendment 2. Development Agreement (9 PONDS EDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.20-2003-PUD-11-2003 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 on 7.16 acres be placed in the R1-13.5 Zoning District, and amended within the R1-13.5 Zoning District on 1.47 acres, 20-2003-PUD-11-2003 (hereinafter "PUD-11- 2003-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of July 15, 2003, entered into between Land Geeks, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-11-2003-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-11-2003-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-2003-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-11-2003-R1-13.5 are justified by the design of the development described therein. D. PUD-11-2003-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-11-2003-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 3rd day of June, 2003, 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 15th day of July, 2003. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie Sun Current on at EXHIBIT A PUD Legal Description—Ponds Edge Legal Description Before Final Plat The north 300.00 feet lying east of the west 284.00 feet of the Northwest Quarter of the Northeast Quarter of Section 30, Township 116,Range 22,Hennepin County, Minnesota, except for that part of said Northwest Quarter of the Northeast Quarter embraced within Hennepin County Highway plat No. 6, according to the recorded plat thereof. Subject to Dell Road as filed in Book 1 of Highway Plats,Page 4, according to the recorded plat thereof. AND Lots 1, 2, 3, and 4, Block 3, STONEGATE OF EDEN PRAIRIE,Hennepin County,Minnesota. Legal Description After Final Plat Lots 1 through 15,Block 1,Ponds Edge as PONDS EDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 20-2003-PUD-11-2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located south of Pioneer Trail, west of Stable Path, from the Rural Zoning District to the R1-13.5 Zoning District, and amending of land within 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 Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) dv3 CITY COUNCIL AGENDA DATE: July 15,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of Ponds Edge Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Ponds Edge Synopsis This proposal is located west of Stable Path and south of Pioneer Trail. The plat consists of 8.63 acres to be divided into fifteen single family lots, one outlot and right-of-way dedication for street purposes. Background Information The preliminary plat was approved by the City Council June 3, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement is scheduled on July 15, 2003. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$712.50. • Receipt of street lighting fee in the amount of$1,019.70. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Satisfaction of bonding requirements for the installation of public improvements. • Execution of Special Assessment Agreements for trunk utility improvements and Stable Path improvements. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of final plat,Developer shall dedicate outlot A to City. • Prior to release of final plat, Developer shall submit proof that a release of the private driveway easement has been filed. • Prior to release of final plat, Developer shall submit a wetland plan to the Environmental Coordinator. • Revision of plat to include a 15-foot realignment of the drainage and utility easement along the rear property line(Outlot A) of Lots 11 through 15. Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF PONDS EDGE WHEREAS, the plat of Ponds Edge 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 Ponds Edge is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 15, 2003. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on July 15,2003. 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I ut Y( l J o� PO t Sty. .11Fh a 1 a SZ'i6Z 1 w �'�' w_ g3�I� 3.9Z.9f:os I 1_i--�--� .o \ i& tal z::-.:~/.)./. a.-.r� '!\ i'vO3N/\I(` zuv 4fi r I I T. e _ z Ng; t I i tt I� �6C.33•,/I 31 M!1.113w 93M MG I 1�-,.P�j < W �CCCWI ; t h —00— ` I 61— —.:Ii 31 I 06 _1 CITY COUNCIL AGENDA DATE: July 15,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of The Cove 2nd Addition Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of The Cove 2nd Addition. Synopsis This proposal is located at 6861 and 6871 Beach Road. The plat consists of 3.2 acres to be divided into three single family lots. Lot 1 and Lot 3 are existing homesites and Lot 2 is a newly created lot. This is a replat of Lot 12 and Lot 13,Block 1, The Cove. Background Information The preliminary plat was approved by the City Council May 6, 2003. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on June 3, 2003. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$300.00. • Receipt of street lighting fee in the amount of$387.63. • Execution of Special Assessment Agreement for trunk utility improvements. • The requirements as set forth in the Developer's Agreement. • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor. • Prior to release of final plat, Developer shall submit a Conservation Easement for the delineated area. • Prior to release of final plat, Developer shall pay sanitary sewer connection fee in the amount of$8,115.00. • Prior to release of final plat, Developer shall enter into a cross access and maintenance agreement for the common driveway to Lot 1 and Lot 2. • Prior to release of final plat, Developer shall submit Wetland Plan to the Environmental Coordinator. Attachments Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,IVIINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF THE COVE 2ND ADDITION WHEREAS, the plat of The Cove 2nd 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 The Cove 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 15, 2003. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on July 15, 2003. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen A.Porta, City Clerk ag I-- >- < _e CC 1 CO o =` a Z • C ini 0 1 gr,5 f u / $c n.Q i o FP, us / ` \\` �' I o 1'— \ I `.` I \\ i ♦ 1 i IV (A.1 1 w• 0 `` .19►' 1 I J W N •��-0\ \i 1b t"' W \ 1 0,.$ Z 2 7 \ 1 \.J C 2 O- N ' O01 - < N W W0 1.e ) F c W ` . ui W z m �!1 WIC ' O ./ ,, > > �c,w I I NNs 1 \ I 0 0 2 2 i >.N n I'D co Ryp z o m Ny'•N O LL., j 1 o o F e4> Z - a W O G �K<W `` — \ �\\ \...." �C\. ZF 0 • 0 I +et .-) `� \wawa \ off! • iE 1 r. W ` 3\ 1.- t+•s \ o1 W I \rtrH ‘.- 1119 II Z N I I ` \\ Asti N ~`\ , \ \ etc N \ \ .., \ ',1\ ) •\t, \ 1 9• ;ejoq �'�r \ate•t 8j+ .,ry \ V W w H ,tF \U Y / \raj \\ \ N ^ _ J _ `� \ \ m \ I Acril o8ss+/ �� 4 ;1h e \ \ 441 s8ao ar --, I / \ \ I � ,/�yp• ; $ •sew• \ \ \ / ? / JI J B' Al / \ \ \ • W / u /a. N I ��is \\ 1 0 ' c 0l—i o�ot ' y I 2e5 17; I= • V • 4.0 \ .Ni , 2f0 1 J1 Wo J� '4; i a? ' G Q{ I ^n • OJ�ft: CITY COUNCIL AGENDA DATE: July 15,2003 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Engineering Approve Quote for GPS (Global Positioning F. Rod Rue System)Equipment Requested Action Move to: Approve quote and authorize purchase of GPS equipment from Frontier Precision,Inc. in the amount of$24,130.45 (plus taxes and shipping). • Synopsis This GPS equipment is proposed to be purchased in order to begin the Public Works Department's initiative in collecting infrastructure data. This data will be used in the City's GIS (Graphic Information System) to assist in the management of our infrastructure, primarily utilities. This equipment is compatible with MnDOT's VRS (Virtual Reference Station)network which will establish X,Y, and Z coordinates for our infrastructure. Ultimately, this data will enable us to manage our utility systems more effectively by utilizing mapping, location, inventory and other applications. Background Information With the City's decision to implement GIS, we began to pursue options related to public works infrastructure data collection. Through discussions, we determined that collecting the data by staff would be the more reliable and effective. Since this equipment was not a budgeted item, we are proposing and recommending to utilize money identified for a printer/scanner. The purchase of a printer/scanner has been proposed for the next budget cycle. Attachments Quote from Frontier Precision, Inc. 30 2,1111JrER 4 plimmitim City of Eden Prairie Rod Rue 8080 Mitchell Rd. Eden Prairie, MN 55344 Rod, Here is our pricing quotation on the Trimble VRS 5800 Rover for survey applications as requested on your request for quotation. Frontier Precision, Inc. is quoting the Trimble 5800 System as requested in the specifications. All specifications are met or exceeded by the, equipment proposed from Trimble and Frontier Precision, Inc. Frontier Precision, Inc. also provides these services with each system purchase. Toll free technical assistance from Frontier Precision, Inc. and Trimble Technical Assistance Center. Two (2) days of on-site training. 90 days of free software and firmware updates. Certified Trimble service center. One (1) year warranty on GPS Receiver and Data Recorder. Thank you for the opportunity to serve you with our products and services. Please don't hesitate to contact myself or Dustin Harr with any questions you might have regarding our price proposal. Sincerely, L �jet; a .fi .. -Stevee hter Frontier Precision, Inc. 1 1906 7th Street North •St.Cloud,MN 56303 •320-654-6511 • 1-800-944-8557. Fax 320-654-6520•www.frontierprecision.com Bismarck,ND•St.Cloud,MN•Omaha,NE•Loveland,CO•Albuquerque,NM•Edmonds,WA•Oklahoma City,OK•Arlington,TX Request for Quotation Global Positioning System Equipment Schedule of Prices Vendor Information City of Eden Prairie Contact Information Vendor Name FRONTIER PRECISION INC Rod Rue Address 1906 7�STREET NORTH Assistant City Engineer ST CLOUD, MN 56303 8080 Mitchell Road Eden Prairie,MN 55344 Contact 5 -eue. R;cL4er Direct 952-949-8314 Phone 20--t‘,5y-6.6/( Fax 952-949-8326 Fax .Zc r.5Z2 E-mail rrue@edenprairie.org Authorized Signature =Z � Title le t ; fl'f11'CC,v,/` Quantity Description of Item or Service Price 1 GPS Receiver 15/ 11-6: 4/5 1 Data Collector/Survey Controller I ,�f,>,C?D 1 Modem g Oo. 00 Software _ / yq5:co 1 Training 3rL'A4 Zr iyrs 49,1-se-fel 4„l ei TOTAL 4' /3e), y�r • Options: Additional Training 5 defy C 7 ,,ooke 'so %gtv- 0, OO/yr Se xifor 1 ( / /e ;ts .' - fL 3� 1 r II Io o OOIL� 00000 'I, 42fR F i o 0 oov00000v: trr tri uioolt) 1CLCo0o co ai 0 _.I co co co O IC) N N C) IC In M to r' — 7, C) C)) '.0 to st` in 69 d�if,e- r I0 y CO N mF+. M ~ r H at N Of N • 0. O b} — {R 6f► z N V 0m Q a o ti e o 001070000 C �`o am Z O o 0 ooa00000 — t v r o o lt u t c oO Q �aQ U 0t0NZ v v o ell 049N� NC) IIt) (— m U a) m m Grn es -t IA v IC iff V# r CD,., C . 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C2 Cis' E >,-- c m x o a V � � E 4 0. � U m Imo- w is• LL1 • T.u�i m E oLi� en in off. 6W47NCG01- c m LA y i' m 4 ap CLUs 0 m m m m m m m mV V m m0. '� �' U V E 4.• = .5 .0 c .n s .a a .0 A A cl ❑ `+� LN = E m 200,200'd SS£86t762S6:01 TTS9f7S902£ 3. 5 :WONA 2i7:f7T £002-22-1ft DATE: CITY COUNCIL AGENDA SECTION: Consent Calendar - July 15,2003 DEPARTMENT: 'ITEM DESCRIPTION: ITEM NO.: Declaration of Conservation Covenants, -6 Robert A.Lambert' Director of Parks&Recreation Conditions and Restrictions for Outlot A Welters Trailhead Requested Action Motion: Move to approve the Declaration of Conservation Covenants, Conditions and Restrictions for Outlot A Welters Trailhead. Synopsis Earlier this year, Ray and Carol Welter donated Outlot A for Welters Trailhead to the City of Eden Prairie for park and open space purposes on the condition that the City file a conservation and trail easement over the property to ensure that this creek valley would remain a conservation area limited to develop a pedestrian and bicycle trail. They requested that the City file a conservation easement over the property at the same time the City files the deed. The attached conservation easement would meet the conditions of their gift. Attachment: Declaration of Conservation Covenants, Conditions and Restrictions RAL:mdd • • • 3LJ DECLARATION OF CONSERVATION COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration is made in the County of Hennepin,State of Minnesota on this day of June 2003,by the City of Eden Prairie,a municipal corporation("Declarant"),for the purpose of creating conservation covenants, conditions and restrictions. WHEREAS, Declarant is the owner of certain real property located in Hennepin County, Minnesota,legally described as Outlot A,Welter's Trailhead,and Declarant desires to submit said real property(the"Property")to this Declaration of Conservation Covenants, Conditions and Restrictions. WHEREAS,Declarant hereby declares that the Property shall be held for conservation and preservation of the terrain and vegetation and to prohibit certain destructive acts thereon the Property. NOWTHLREFORE,in consideration ofthe premises contained herein,the following declaration is made: 1. Declarant hereby declares that the following terms and conditions shall apply to the Property: A. The Property shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted upon the Property and no trees, shrubs, or other vegetation shall be removed from the Property. B. No building,road,sign,billboard,utility,or other man-made structure shall be placed upon the Property. C. No trash,waste,or other offensive material,soil,or landfill shall be placed upon the Property. D. No change in the general topography ofthe Property landscape,including,but not limited to,excavation,drudging,movement,or removal of soil shall be allowed upon the Property. 2. The Property shall be used for the following purposes: A. To construct and maintain a trail; B. For travel by the public,on foot,and in or on non-motorized vehicles,including, but not limited to,bicycles, skis, strollers, and skates; C. For travel by the public in motorized vehicles authorized on the trail. The motorized vehicles authorized on this trail shall only include those vehicles 35 authorized on all Citytrails. Vehicles normally allowed include,but are not limited to, City maintenance vehicles, other maintenance vehicles, and motorized handicapped access vehicles. D. To remove, cut, and trim trees, shrubs, and vegetation. 3. This Declaration of Conservation Covenants, Conditions and Restrictions shall be perpetual,shall run with the land,and shall be binding upon Declarant and Declarant's assigns and shall be for the benefit of Declarant and its assigns. 4. Nothing contained herein shall impair anyright of the Citynow held or hereafter acquired to construct or maintain public utilities in or on the Property. IN WITNESS WHEREOF,the undersigned has executed this instrument the day and year first set forth. THE CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens,Mayor By Scott Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2003 by Nancy Tyra-Lukens and Scott Neal,respectively,the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of said corporation. Notary Public Document drafted by: Gregerson,Rosow,Johnson&Nilan,Ltd. 1600 Park Building 650 Third Avenue South • Minneapolis,Minnesota 55402-4337 (612)338-0755 ep'develope\out lot A dedaration.061803 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar - July 15, 2003 DEPARTMENT: '� ITEM NO.: From: Stuart A. Fo Manager ITEM DESCRIPTION: of Parks &Natural Resources Through: Robert A. Lambert Tax Forfeited Property -�r ' Director of Parks&Recreation Requested Action Motion: Move to approve Resolution No , resolution authorizing the disposal of tax forfeited land from Hennepin County. Synopsis The parcel of land contained in this resolution is a property that went tax forfeit in 1994. The City Council approved a resolution authorizing that this parcel be conveyed to the City of Eden Prairie for public purpose; however, do to a change in State Law the Minnesota Department of Natural Resources held up the transfer of this parcel of land to protect it from sale or development. State Law stipulates any parcel of tax forfeited land adjacent to a lake, stream, or wetland is subject to DNR jurisdiction above that of the local community. In the past it has taken legislation to release these parcels of land from the Minnesota Department of Natural Resources. However, staff has received an indication from Hennepin County tax forfeit staff that due to the age of this forfeiture and in light of the recent area acquired by the City of Eden Prairie we may be able to make application for conveyance without legislation. Background This parcel of land is 12.05 acres in size and was the result of the Windsong Second Addition immediately adjacent to the Purgatory Creek Recreation Area. This parcel of land was going to be gifted to the City of Eden Prairie by the developer; however, the parcel went tax forfeit and due to that forfeiture is now in the possession of Hennepin County Tax Forfeited Land Division. With the plans to complete a trail around the Purgatory Creek Recreation Area it is important that ownership of this land is determined before a trail is built on the property. The land is undevelopable in terms of its relationship to the wetland area and, therefore, Hennepin County and the Minnesota Department of Natural Resources agrees that the City of Eden Prairie would be the logical entity to have ownership of this parcel of land. SAF:mdd Kiladministration/Tax Forfeiture Memo#1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING'1'HE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin Non- Conservation List 884 NC,which lists property in said municipality which have become property of the State of Minnesota for non payment of real estate taxes; and WHEREAS, provided in Minnesota Statute 282,the City Council is asked to determine the disposal of these parcels of land; and WHEREAS, the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld from public auction for one year. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of this parcel in the following way: Parcel conveyed to the City of Eden Prairie for public use as conservation land: PIN 15-116-22-42-0029 with no pending special assessments ADOPTED by the City Council of the City of Eden Prairie this 15th day of July, 2003. Nancy Tyra-Lukens, Mayor • ATTEST: Kathleen Porta, City Clerk • 3'6 , • .if is .''!; • fi, r: ;• r r fr.14 et r ;� '/I�ii %. .r f • 1 •(/,•f//.}'� If/,.�fr s'sf.'iY rf ', fi r r frr: • ',. ;�. ''fl r:'•' •.f'f.'f ;:; ".� ;/f`.rr`:.1r'r d; ,•:/'r.,��r.r,'%,".• r I, ff ff. , /f. ... lL.µ. it • Loo Scher , 3c Aeort ►'iAp - Cis- H(0- ZZ-4 a- 004q • • I • • • • (14o Sc#t-LE) 40 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 15,2003 DEPARTMENT: ITEM NO.: From Stuart A.Fox,eger of ITEM DESCRIPTION: Parks&Natural Resources 111 —I-- Through:Robert A.Lambert Tax Forfeited Land Director of Parks&Recreation Requested Action Motion: Move to approve Resolution No , resolution authorizing the disposal of tax forfeited land from Hennepin County. Synopsis This parcel of land went forfeit in 1997. It appears that even though the City made application for conveyance the paperwork was never completed and, therefore, City staff has been requested to make a reapplication for conveyance of this property. This one-half acre parcel of land contains a couple of storm ponds and is landlocked by adjacent properties. The parcel currently has drainage and utility easements covering it, which prohibits any development of this parcel. The parcel would be used as park conservation area. Background Parcels such as this have become under scrutiny whenever diseased trees are found on them. This is the case with this parcel of land, which has several diseased elm trees. Without ownership of the parcel it would be difficult for the City to assess the cost to any particular property owner and, therefore, City staff is the process of removing the diseased tress at the same time as making application for conveyance of this tax forfeited land This will protect the remaining trees on the property, as well as those in the surrounding from unnecessary risk due to Dutch Elm Disease. Attachments: Resolution Map. SAF:mdd IC/Administration/Agenda Preparation/2003/7/15/Tax Forfeiture Memo#2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin Non- Conservation List 1027 NC,which lists property in said municipality which have become property of the State of Minnesota for non payment of real estate taxes; and WHEREAS, provided in Minnesota Statute 282,the City Council is asked to determine the disposal of these parcels of land; and WHEREAS, the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld from public auction for one year. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of this parcel in the following way: The property be classified as non-conservation land. The following parcel be conveyed to the City of Eden Prairie for storm water purposes: PIN 21-116-22-31-0034 with no pending special assessments ADOPTED by the City Council of the City of Eden Prairie this 15th day of July, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk ya 4/40 Rt 1. P Y o tOa° to P "* . ya YYrt • i I .-r;• n . 1 I' • r •4*- . s ,[ t • 21- t.l b- Z2. . 3/--0o3g e .4q acres i lilTI- (No ScALE) /-13 DATE: SECTION: Consent Calendar July 15,2003 SERVICE AREAJDIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget Resolution Approving The Issuance Of A Don Uram,Director Commercial Development Revenue Note Under 7 �, The Minnesota Municipal Industrial Development Act By The HRA Requested Action Move to: Adopt Resolution Approving The Issuance Of A Commercial Development Revenue Note Under The Minnesota Municipal Industrial Development Act By The Housing And Redevelopment Authority In And For The City Of Eden Prairie,Minnesota Synopsis Solely for purposes of Section 147(f)of the Internal Revenue Code of 1986, as amended,the City Council must approve the issuance of the Note by the Authority to finance the Project. The adoption of this resolution shall not be deemed to establish any obligation on the part of the City or this Council to cause the issuance of the Note. The Note, if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2003- RESOLUTION APPROVING THE ISSUANCE OF A COMMERCIAL DEVELOPMENT REVENUE NOTE UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,MINNESOTA BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the "City"), as follows: Section 1. Recitals. A public hearing was held on July 15,2003 on the proposal that the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota(the "Authority")issue its revenue note(the"Note")to fmance a portion or all of the cost of a proposed project(the"Project") on behalf of Memorial Blood Centers, a Minnesota nonprofit corporation(the"Corporation"), consisting of(i)the acquisition of a 26,722 gross square foot office building(the"Facilities") and 92,780 square feet of associated land from Braun Intertec and(ii)conversion of the Facilities from an office building and engineering laboratory to a central operating facility for the Corporation. All parties who appeared at the hearing were given an opportunity to express their views with respect to such proposal and interested persons were given the opportunity to submit written comments to the Executive Director of the Commissioners of the Authority before the date of the hearing. Section 2. Authorization and Approval. Solely for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the City Council hereby approves the issuance of the Note by the Authority to finance the Project. Notwithstanding the foregoing,however,the adoption of this resolution shall not be deemed to establish any obligation on the part of the City or this Council to cause the issuance of the Note. The Note,if issued, shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City. Adopted by the Eden Prairie City Council on July 15,2003. Nancy Tyra-Lukens,Mayor Attest: Kathleen Porta, City Clerk y5 CITY COUNCIL AGENDA DATE: 7/15/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram Bryant Lake View 2°d Addition VM A . Danette Moore Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat of 2.57 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis This is a two lot subdivision on Beach Road. The property is currently zoned R1-22. The project meets all City Code requirements. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the project at its June 23, 2003 meeting. Background Information The plan shows a tree loss of 278 diameter inches, or 22%. The required tree replacement is 81 caliper inches. The tree replacement plan shows 84 caliper inches. In order to provide adequate sanitary sewer service for the existing and proposed homes, along with anticipating any future development, an 8"public sanitary sewer line should be constructed from the existing interceptor line through the outlot and right of way of Century Lane up to a common point between the proposed and existing home. Easements will be required over the section of public sanitary sewer line constructed outside the limits of the public right of way. Services can then be extended to the individual homes. Attachments 1. Resolution for Preliminary Plat 3. Community Planning Board minutes dated June 23,2003 4. Staff report dated June 20,2003 y� BRYANT LAKE VIEW SECOND CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF BRAYNT LAKE VIEW SECOND FOR ON THE LEVEL INC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Bryant Lake View Second for On the Level Inc., dated July 15,2003, and consisting of 2.57 acres into 2 lots, a copy of which is on file at the City Hall,is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 15th day of July, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk Planning Board Minutes June 23,2003 Page 7 B. BRYANT LAKE VIEW SECOND by On the Level Inc. Request for Preliminary Plat of 2.57 acres into 2 lots. Location: South of Crosstown, east side of Beach Road. Perry Ryan stated they are proposing redevelopment of the 2.57 acre site which would include splitting the property into two lots; lot 1 will be 48,561 square feet and lot 2 will be 68,266 square feet within the R1-22 zoning district. He said there will be a 22%tree loss. The access to the existing home is a private drive that goes through the private property. There are utilities available on the site. Franzen stated the project meets all city requirements. Staff is recommending approval according to the conditions on page 3'of the staff report. Koenig asked if the 22%tree loss is over the entire site.Fox responded it was. Nelson asked how many trees are,to.;be removed from lot 2. Fox said tree loss is estimated over the entire site, and no separate calculation was done for lot 2. Sutherland asked Ryan about the drawing and whether he feels comfortable about signing the preliminary plat. Ryan responded he would not feel comfortable doing that. Sutherland stated it looks like a land surveyor drawing. Ryan responded that a survey company did do the drawing. MOTION by Steppat,, second by Foote, to close the public hearing. Motion carried, 8-0. MOTION by B rooks, second by Nelson to approve the Preliminary Plat of 2.57 acres into 2 lots, based on plans dated May 2, 2003, subject to the recommendations of the staff report dated June 20, 2003, to the City Council. Motion carried,7-0. Sutherland abstained STAFF REPORT TO: Community Planning Board FROM: Danette M.Moore,Planner DATE: June 20, 2003 SUBJECT: Bryant Lake View 2nd Addition APPLICANT: On The Level Inc. OWNERS: Christopher Thompson LOCATION: 12790 Century Lane REQUEST: 1. Preliminary Plat of 2.57 acres into 2 lots. 99 Area Location Map = Bryant Lake View Second Addition - 12790 Century Lane Beach Road SIT gar 494 Century Lane Bryant Lake " imp NA 5V Staff Report—Bryant Lake View Second Addition June 20,2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows this site as Low-Density Residential for up to 2.5 units per acre. The property is zoned R1-22. Surrounding land uses consist of single-family residential to the south, east and west,with public open space,Nine Mile Creek, and Bryant Lake to the north/northeast. PRELIMINARY PLAT The proposal is to subdivide the 2.57 acre site into two single-family lots. The existing home on the site is to remain. Lot 1 is 43,561 square feet and Lot 2 is 68,256 square feet in size. City Code requires a minimum lot size of 22,000 square feet in the R1-22 zoning district. The existing and proposed houses will meet City Code for R1-22 setback requirements. SHORELAND CODE The property is in a Shoreland area since it is located within 1,000 feet of the Ordinary High Water Level. Bryant Lake is classified as Recreational Development water. Lots within 150 feet of the lake must meet the following requirements. • Minimum lot size-20,000 square feet • Minimum lot width at building line- 120 feet • Minimum lot width at Ordinary High Water Level— 120 feet • Minimum setback from Ordinary High Water Level— 100 feet In addition to meeting these requirements, Lots 1 and 2 are over 150 feet from Bryant Lake. Within a Shoreland area no development or alterations are permitted on a bluff, which is defined as a slope that averages 30% or greater. Lot 1 contains bluff area. No grading or house construction is proposed on the bluff area. Any additions or changes to the house will need to comply with the Shoreland code. GRADING AND TREE LOSS There are 1,278 diameter inches of significant trees on the property. The plan shows a tree loss of 278 diameter inches, or 22%. The required tree replacement is 81 caliper inches. The tree replacement plan shows 84 caliper inches of replacement trees. UTILITIES The plan shows utilizing the existing private sanitary sewer service and water service from the adjacent existing home to the west (6425 Beach Road) to provide sanitary sewer and water service. In order to provide adequate sanitary sewer service for the existing and proposed homes, along with anticipating any future development, an 8"public sanitary sewer line should be constructed from the existing interceptor line through the outlot and right of way of Century 51 Staff Report—Bryant Lake View Second Addition June 20,2003 Page 3 Lane up to a common point between the proposed and existing home. Easements will be required over the section of public sanitary sewer line constructed outside the limits of the public right of way. Services can then be extended to the individual homes. RECOMMENDATION Recommend approval of the following request: • Preliminary Plat of 2.57 acres into 2 lots This is based on plans dated May 2, 2003, the Staff Report dated June 20, 2003, and the following conditions: 1. Prior to grading permit issuance,the proponent shall: A. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. B. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2. Prior to building permit issuance for the property,the proponent shall: A. Provide a tree replacement surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. B. Pay the Cash Park Fee. CITY COUNCIL AGENDA DATE: 7/15/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R. Uram Heritage Preservation Site Alteration Permit— U I J I John Gertz Riley-Jacques Farm Requested Action Move to: • Close the Public Hearing; and • Approve the Heritage Preservation Site Alteration Permit#2003-01-0004 Synopsis The Heritage Preservation Commission has reviewed a request for a Site Alteration Permit for the Riley-Jacques Farm for renovation of the barn, associated parking area and park trail connections. The barn has a total of 4,400 square feet. The future use of the building is to provide a flexible space for theatre, as well as, various recreation programs and rentable space for gatherings. This item was continued at the June 3, 2003 City Council meeting for staff to review cost estimates and funding for the renovation project. Heritage Preservation Commission Recommendation The Heritage Preservation Commission voted 5-0 to recommend approval of the project and recommend the City Council approve the Site Alteration Permit. This action was taken by the Heritage Preservation Commission at its regularly scheduled May 19, 2003 meeting. Background Reuse Planning Reuse planning for the barn and Riley-Jacques Farm site began in 2002, based on the HPC's Adaptive Reuse Proposal for the site which was approved by the City Council in 2000. The approved concept is for reuse of the Riley-Jacques Farm as a community heritage park with an emphasis on recreational and educational programs. Input on site use and programming was provided by Parks and Recreation staff, the principal intended user of the space. The HPC provided comment on use also, and met jointly with the Parks, Recreation and Natural Resources Commission in April, 2002 to discuss the farm's future use. The Eden Prairie Historical Society contributed to the planning as well and was represented at meetings held at the farm. City Council Public Hearing—Heritage Preservation Site Alteration Permit July 15,2003 Parking Requirements Both the building and parking meet setbacks in the rural zoning district. City Code requires one parking space for every three seats. A total of 53 parking spaces are proposed to accommodate up to 159 seats for the building. The proposed seating for theater use provides for a maximum of 134 seats. Sewer and Water The barn and Riley-Jacques house will be connected to City sewer and water. Sewer connection is available in nearby Lake Riley Road. City water is available on site. The Riley-Jacques house is currently using a septic system,which will be abandoned. Historic Site Requirements A Heritage Preservation Site Alteration Permit is required to make any change in, on, or to a designated Heritage Preservation Site. The Heritage Preservation Commission reviews all permit requests to consider effects of projects on historic properties. The Secretary of the Interior's Standards for the Treatment of Historic Properties provide the basis for decisions made by the Commission, as referenced in City Code, Section 11.05. The City Council approves the Heritage Preservation Site Alteration Permit. Attachments 1. Riley-Jacques Farm plans 2. Heritage Preservation Site Alternation Permit Permit#2003-01-0004 City of Eden Prairie Application for Heritage Preservation Site Alteration Permit L Property Location Name: Riley-Jacques Farm Address: 9100 Riley Lake Road SHPO Site Number: HE-EPC-007 II. Applicant Name: City of Eden Prairie Address: 8080 Mitchell Road Eden Prairie,MN 55344 Phone: 952-949-8300 III. Property Owner Name: City of Eden Prairie Address: Same Phone: Same IV. Contractor/Architect Performing Work Name: Miller Dunwiddie Architects Address: 123 North Third Street,Suite 104,Minneapolis, MN 55401-1657 Phone: 612-337-0000 V. Project Description: Renovation of the Riley-Jacques barn, and adjacent site. Barn will be used for theatre,recreation programs, and rentable space for gatherings. N. Materials to be included with Application: (see attachment) Permit Application received: 07/15/03 Type of Work(Minor/Major):Major Permit Fee amount: N/A This permit is permissive only and does not release the Permittee from any liability or obligation imposed by City Code,Minnesota Statute or Federal Law. G:\Comm.Dev\HPC-Heritage Pres.Commission\Site Alteration Permits\App.for Site Alteration Permit 2003-01-0004.doc 55 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. N/A CITY OF EDEN PRAIRIE By Its Nancy Tyra-Lukens,Mayor By Its Scott H.Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2003,by Nancy Tyra-Lukens and Scott H. Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2003,by , the , a Minnesota , on behalf of the corporation. Notary Public G:\Comm.Dev\HPC-Heritage Pres.Commission\Site Alteration Permits\App.for Site Alteration Permit 2003-01-0004-7-15-03.doc 5� CITY COUNCIL AGENDA DATE: 07/15/03 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R. Uram City Code Amendment—Wetland Standards VIII C . Leslie Stovring Requested Action • Approve 1st Reading of the Ordinance amending City Code Chapter 11, Section 11.51 Subd. 4. General Provisions—Identification,Delineation,Mitigation, Testing and Reporting Requirements. Synopsis This code amendment is to clarify the requirements for reporting the results of annual monitoring of wetland buffers. This is needed to determine that the wetland buffers are developing according to the approved wetland buffer plan. Community Planning Board Recommendation The Community Planning Board voted 7-0 to recommend approval of the Code Amendment at the June 23, 2003 meeting. Background Eden Prairie adopted City Code Chapter 11 - Section 11.51 entitled"Standards for the Protection of Wetlands" (Wetland Protection Code) on April 1, 2003. Currently the annual buffer monitoring requirement is listed as part of the definition for "Wetland Plan" and in Subdivision 9, Vegetation Performance Standards, subpart D. However, there are no clear guidelines given for reporting of the results of the monitoring to the City. Attachments 1. Staff Report date June 20, 2003 2. Community Planning Board Minutes June 23, 2003 5`-4- CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2003 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.51 RELATING TO STANDARDS FOR THE PROTECTION OF WETLANDS; 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. City Code Section 11.51, Subd. 4, is amended to add subpart(J) as follows: J. Prior to release of the final plat for any portion of the Property, Developer shall submit an executed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report ("Annual Buffer Report") which evaluates the condition of the wetland(s) and wetland buffer strip(s). The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified. The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland(s) and/or wetland buffer strip(s) is completed. Thereafter, this report shall be submitted annually for two full growing seasons following completion of the development. After two full growing seasons, a Final Annual Buffer Report shall be submitted. The Final Annual Buffer Report shall evaluate the wetland(s) and/or wetland buffer strip(s)to determine if the wetland(s) and/or wetland buffer strips) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or the Final Annual Buffer Report, the Developer shall correct the area(s) identified within ninety(90) days of submission of the Report. Section 2. City Code Section 11.51, Subd. 9, subpart(D)is amended to read as follows: D. The Applicant shall establish and maintain the wetland and wetland buffer strip vegetation in accordance with the requirements found in this Code, including those requirements stated in Section 11.51, Subd. 4, subpart (J), both during development and for two full growing seasons after completion of the development. During this time, the Applicant must replant any wetland and/or wetland buffer strip vegetation that does not survive. Section 3. 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 through repeated verbatim herein. Section 4. 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 15th day of July, 2003, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of August, 2003. Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Sun Current on the day of , 2003 ep\city code\amendment to wetlands ordinance 59 STAFF REPORT TO: Community Planning Board FROM: Michael D. Franzen, City Planner Leslie Storing,Environmental Coordinator DATE: June 20, 2003 SUBJECT: City Code Amendment—Wetland Standards BACKGROUND Eden Prairie adopted City Code Chapter 11 -Section 11.51 entitled"Standards for the Protection of Wetlands" (Wetland Protection Code)on April 1, 2003. The reporting requirements need to be clarified within the Wetland Protection Code. Guidelines are needed for reporting of the results of the monitoring to determine that the wetland buffer is developing according to the approved wetland buffer plan. PROPOSED REVISION The following paragraph will be added. Subd.4. General Provisions—Identification,Delineation,Mitigation,Testing and Reporting Requirements. J. Prior to release of the final plat for any portion of the Property, Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report(Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is completed and thereafter annually until the final Annual Report is submitted. The Annual Buffer Report shall provide an action plan and proposed cost for correction of any problems identified. The final Annual Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the wetland and wetland buffer strip to determine if the wetland and wetland buffer strip remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. STAFF RECOMMENDATION Approval is recommended based on the staff report dated June 20,2003 Planning Board Minutes June 23,2003 Page 8 C. CODE AMENDMENT — STANDARDS FOR THE PROTECTION OF WETLANDS Franzen stated the reporting requirements need to be clarified within the Wetland Protection Code and guidelines are needed for reporting of the results of the monitoring to determine that the wetland buffer is developing according to the approved wetland buffer plan. Foote asked if there are any changes to the substance of the ordinance. Franzen responded there are no changes to the current ordinance, this is new language added to the ordinance. MOTION bySte at second byFoote, to close the public hearing. Motion • Stepp at, g carried, 8-0. MOTION by Sutherland, second by Foote, to approve the request for a Code Amendment - Standards for :the Protection of Wetlands, subject to the recommendations of the staff report dated. June 20, 2003, to the City Council. Motion carried, 8-0. 6I CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims July 15,2003 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram .---- Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 121519 - 121922 Wire Transfers 1828— 1836 Background Information Attachments P City of Eden Prairie Council Check Summary 7/15/2003 Division Amount General 548,379 101 Legislative 5,146 102 Legal Counsel 36,762 110 City Clerk 595 111 Customer Service 12,575 112 Human Resources 1,335 114 Benefits&Training 4,759 115 Risk Management 152 116 Facilities 16,933 117 City Center 310 130 Assessing 618 131 Finance 28 132 Social Services 24 133 Community Development 278 135 Information Technology 3,519 136 Wireless Communication 2,019 151 Park Maintenance 17,261 153 Athletic Programs 7,334 154 Community Center 25,199 156 Youth Programs 6,744 157 Special Events 14,172 158 Senior Center 517 159 Recreation Administration 300 160 Adaptive Recreation 106 161 Oak Point Pool 250 162 Arts 8,198 163 Park Facilities 5,901 180 Police 5,095 183 Civil Defense 57 184 Fire 7,032 200 Engineering 555 201 Street Maintenance 67,887 202 Street Lighting 52,293 203 Fleet Services 14,239 204 Equipment Revolving 8,514 301 CDBG 3,700 303 Cemetary Operation 354 309 DWI Forfeiture 66 311 Grant Fund 195 312 Recycle Rebate 350 314 Liquor Compliance 330 502 Park Development 2,761 503 Utility Improvement 4,208 507 Construction Fund 240 509 CIP Fund 14,450 511 Construction Fund 20,270 601 Prairie Village Liquor 66,938 602 Den Road Liquor 108,179 603 Prairie View Liquor 66,067 701 Water Fund 104,748 702 Sewer Fund 177,554 703 Storm Drainage Fund 6,287 803 Escrow Fund 1,250 Report Totals 1,453,029 City of Eden Prairie Council Check Register 7/15/2003 Check# Amount Vendor/Explanation Account Description Business Unit 1828 130,254 WELLS FARGO MINNESOTA N A Employers SS&Medicare General Fund 1829 25,339 MINNESOTA DEPT OF REVENUE State Taxes Withheld General Fund 1830 8,719 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1831 15,546 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 1836 66,740 PUBLIC EMPLOYEES RETIREMENT Employers PERA General Fund 121519 2,766 3RD LAIR SKATEBOARDING PARK Instructor Service Athletics 121520 31 ABDO,JEANNEI iE Operating Supplies Summer Theatre 121521 109 BLIMPIES Operating Supplies Summer Theatre 121522 1,000 CYGNUS EXPOSITIONS Tuition Reimbursement/School Fire 121523 25 DAKOTA COUNTY TREASURER-AUDITO Licenses&Taxes Police 121524 696 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 121525 10 DRIVER&VEHICLE SERVICES Operating Supplies Senior Center Administration 121526 200 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous In Service Training 121527 100 GAME WORLD Other Rentals July 4th Celebration 121528 252 GREAT AMERICAN HISTORY THEATRE Special Event Fees Adult Program 121529 66 HENNEPIN COUNTY ATTORNEYS OFF Miscellaneous DWI Forfeiture 121530 17,010 HENNEPIN COUNTY TREASURER Machinery&Equipment Construction Fund 121531 35 HEWITT,RON Program Fee Summer Safety Camp 121532 1,126 LDV Equipment Parts Wireless Communication 121533 1,445 METRO SALES INCORPORATED* Other Rentals General 121534 171,947 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 121535 36 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 121536 45 QUICKSILVER EXPRESS COURIER Postage General 121537 35 RED HAT SOCIETY,THE Dues&Subscriptions Senior Center Program 121538 582 RICHARDSON,JIM Instructor Service Summer Skill Development 121539 40 TELEPHONE ANSWERING CENTER INC Other Contracted Services Water Treatment Plant 121540 200 TIME WARNER CABLE Operating Supplies Fire 121541 5 UPS Postage General 121542 2,861 US POSTMASTER-HOPKINS Postage General 121543 84 ZWIEG,JEFF Building Repair&Maint. Police City Center 121544 1,000 ABDO,JEANNETTE Other Contracted Services Summer Theatre 121545 165 ARMOR SECURITY INC. Repair&Maint.Supplies Maintenance 121546 3,700 CENTRAL CARPET SALES Other Contracted Services 2000 Rehab 121547 400 CLAUSEN,JENNIFER Other Contracted Services Summer Theatre 121548 1,000 CRAWFORD,ANN Other Contracted Services Summer Theatre 121549 36,762 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Procecution 121550 614 HOME DEPOT/GECF Repair&Maint.Supplies Water Meter Repair 121551 346 JB LAWN LANDSCAPING&SNOWPLOW Other Contracted Services Pleasant Hill Cemetary 121552 1,000 JONASON,MARVIN Other Contracted Services Summer Theatre 121553 405 KORTERRA,INC Other Contracted Services Water System Maintenance 121554 500 LIMBERG,KRISTY Other Contracted Services Summer Theatre 121555 40 MINNESOTA DEPT OF AGRICULTURE Other Contracted Services Water Treatment Plant 121556 325 MINNESOTA DEPT OF PUBLIC SAFET Licenses&Taxes Water Utility-General 121557 85 MINNESOTA POLLUTION CONTROL AG Miscellaneous Construction Fund 121558 132 OLSEN COMPANIES Protective Clothing Water System Maintenance 121559 255 PUBLIC SAFETY PRINTING SERVICE Printing Police 121560 126 QWEST Telephone Sewer Liftstation 121561 490 RATEIKE,MARILYN JANE Other Contracted Services Summer Theatre 121562 300 SMITH,SHELLEY Other Contracted Services Summer Theatre 121563 20 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 121564 356 VERSATILE VEHICLES INC Other Rentals July 4th Celebration 121565 24 WHITTIER NEIGHBORS Video&Photo Supplies Housing,Trans,&Human Sery 121566 74 ABRAMSON,MINDY Program Fee Afternoon Playground 121567 60 BRAGG,ANNALISA Instructor Service Outdoor Center 121568 60 BROEKMEIER,MARY Staring Lake Theatre Park Facilities 121569 44 BRY,SHANNON Lessons&Classes Oak Point Lessons 121570 300 EDHLUND,ERIC Deposits Escrow 121571 152 FEDEX Other Contracted Services Risk Management 121572 200 FREY,TERRI GEIGER Instructor Service Outdoor Center 121573 278 HENNEPIN COUNTY TREASURER Operating Supplies Community Development 121574 44 HOCKER,PAULE Lessons&Classes Oak Point Lessons 121575 60 KHURIZA,JAMAL Fac.Rental-P&R Community Center Admin 121576 5 LEE,BONNIE Program Fee Afternoon Playground 121577 50 LIMBERG,KRISTY Operating Supplies Summer Theatre 121578 44 LINK,HOLLY Lessons&Classes Pool Lessons 121579 5 LIU,QIANLEI Lessons&Classes Ice Arena 121580 72 MASLYN,CATHY Operating Supplies Summer Theatre 121581 80 MCFERRIN,TANYA Instructor Service Outdoor Center 121582 111 MINN ST ADMIN ITG TELECOM SERV Software Maintenance Information Technology 121583 500 MISTY AND FRIENDS MOBILE ZOO Other Contracted Services July 4th Celebration 'y Check# Amount Vendor/Explanation Account Description Business Unit 121584 108 MOODIE,JANE Program Fee Summer Skill Development 121585 1,750 NEW HORIZONS Conference Expense Information Technology 121586 982 NILSSEN,BETH Instructor Service Ice Arena 121587 400 PETTY CASH-SANDY WERTS Operating Supplies July 4th Celebration 121588 195 PITNEY BOWES Postage General 121589 35 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Services 121590 500 RUDOLPH,MIKAEL Other Contracted Services Staring Lake Concert 121591 3 RUEMMELE,KATHY Program Fee Afternoon Playground 121592 50 SCHMITZ,WENDY Program Fee Afternoon Playground 121593 400 SNOUFFER,MICHAEL Other Contracted Services Staring Lake Concert 121594 68 SOMMARIO,DIONA Program Fee Summer Skill Development 121595 113 STEWART-HESTER,RENEE Other Contracted Services Recreation Administration 121596 550 WALSTEIN,LOUISE M. Instructor Service Outdoor Center 121597 175 WONDERWEAVERS Other Contracted Services Staring Lake Concert 121598 286 XCEL ENERGY Electric Traffic Signals 121599 183 ACE ICE COMPANY Misc Non-Taxable Prairie View Liquor Store 121600 56 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie Village Liquor Store 121601 432 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 121602 3,226 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 121603 4,535 DAY DISTRIBUTING Beer Prairie View Liquor Store 121604 1,910 EAGLE WINE COMPANY Wine Domestic Prairie View Liquor Store 121605 17,431 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 121606 770 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 121607 16,723 GRIGGS COOPER&CO Misc Taxable Prairie View Liquor Store 121608 17,577 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 121609 7,146 MARK VII Misc Taxable Prairie Village Liquor Store 121610 935 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 121611 163 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 121612 941 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 121613 55 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store 121614 7,798 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 121615 288 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 121616 2,589 PRIOR WINE COMPANY Wine Domestic Prairie View Liquor Store 121617 11,129 QUALITY WINE&SPIRITS CO Wine Domestic Den Road Liquor Store 121618 23,997 THORPE DISTRIBUTING Beer Prairie View Liquor Store 121619 2,650 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 121620 1,963 WINE MERCHANTS INC Wine Imported Prairie View Liquor Store 121621 35 ACKER,TAYLOR Other Contracted Services Teen Work Program\ 121622 53 ALBERTSON,KELSEY Other Contracted Services Teen Work Program\ 121623 31 AMELL,PAUL Other Contracted Services Teen Work Program\ 121624 65 ANOKA-HENNEPIN TECHNICAL COLLE Tuition Reimbursement/School Fire 121625 42 BELLUS,MATT Other Contracted Services Teen Work Program\ 121626 31 BLACKFORD,MATT Other Contracted Services Teen Work Program\ 121627 31 CARLSON,CASEY POTTER Other Contracted Services Teen Work Program\ 121628 31 CROSLEY,WESTON Other Contracted Services Teen Work Program\ 121629 64 ENDRES,SARAH LYNN Other Contracted Services Teen Work Program\ 121630 53 ENMARK,ANNIE Other Contracted Services Teen Work Program\ 121631 55 FISCHER,ALI Other Contracted Services Teen Work Program\ 121632 31 FREY,CHRISTINA Other Contracted Services Teen Work Program\ 121633 950 GAME WORLD Other Rentals July 4th Celebration 121634 78 GIN,MICHELLE Other Contracted Services Teen Work Program\ 121635 52 GOODWIN,MATTHEW Other Contracted Services Teen Work Program\ 121636 61 GORDON,LIZZY Other Contracted Services Teen Work Program\ 121637 140 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Traffic Signals 121638 64 HOGER,ANYA Other Contracted Services Teen Work Program\ 121639 44 KALAIDES,JENNY Other Contracted Services Teen Work Program\ 121640 31 KATTNER,WILL Other Contracted Services Teen Work Program\ 121641 250 KEENEY,ELIZABETH Other Contracted Services July 4th Celebration 121642 16 KINKO'S Printing Fire 121643 450 KIT AND KABOODLE Other Contracted Services July 4th Celebration 121644 49 KRULL,JOHN Other Contracted Services Teen Work Program\ 121645 57 MULQUEENY,MATT Other Contracted Services Teen Work Program\ 121646 45 NELSON,ANNA Other Contracted Services Teen Work Program\ 121647 67 O'BRIEN,COLLIN L. Other Contracted Services Teen Work Program\ 121648 79 O'BRIEN,THEA M. Other Contracted Services Teen Work Program\ 121649 31 OTTESON,STEFANIE Other Contracted Services Teen Work Program\ 121650 52 ROMMEL,ANDREW Other Contracted Services Teen Work Program\ 121651 31 SARLES,ANDREW Other Contracted Services Teen Work Program\ 121652 750 SCHIFFMAN,JIM Other Contracted Services July 4th Celebration 121653 31 SEVERSON,JOSEF Other Contracted Services Teen Work Program\ 121654 31 SHAW,KENDRA Other Contracted Services Teen Work Program\ 121655 53 SLIGH,ANNIE Other Contracted Services Teen Work Program\ 121656 31 SPADING,ADRIANA Other Contracted Services Teen Work Program\ 121657 525 SPLATTER SISTERS,THE Other Contracted Services July 4th Celebration 65 Check* Amount Vendor/Explanation Account Description Business Unit 121658 6,500 TEMPORARY HEROES INC Other Contracted Services July 4th Celebration 121659 31 THAYER,JAKE Other Contracted Services Teen Work Program\ 121660 54 TRAINOR,CALEB Other Contracted Services Teen Work Program\ 121661 70 VARNER,DREW Other Contracted Services Teen Work Program\ 121662 500 VILENDER,STEVEN Other Contracted Services July 4th Celebration 121663 31 VOLTIN,BRETT Other Contracted Services Teen Work Program\ 121664 138 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 121665 60 WERTS,SANDY Mileage&Parking Special Events Administration 121666 65 ZIEBOL,DANNY Other Contracted Services Teen Work Program\ 121667 126 ABRAMSON,JEFF Fac.Rental-P&R Oak Point Operations 121668 1,147 ANCHOR PAPER COMPANY Office Supplies General 121669 348 DMX/MINNEAPOLIS Other Contracted Services Prairie View Liquor Store 121670 1,708 ELAN FINANCIAL SERVICES Travel Expense City Council 121671 36 ENWERE,PATIENCE Lessons&Classes Oak Point Lessons 121672 500 GRAVES,ANITA B Other Contracted Services Summer Theatre 121673 80 HENNEPIN TECHNICAL COLLEGE Training Supplies Fire 121674 32 HYSTAD,JENNIFER Program Fee Preschool Events 121675 841 INNOVATIVE LANDSCAPE SUPPLY IN Landscape Materials/Supp Water Treatment Plant 121676 90 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 121677 5,793 KMC TELECOM HOLDINGS INC. Telephone Telephone 121678 28 KRAEMERS HARDWARE INC Repair&Maint.Supplies Maintenance 121679 17 LANNS,BONITA Program Fee Summer Skill Development 121680 44 LEE,GISELA Program Fee Tennis 121681 165 MILBRANDT,TOM Other Contracted Services Liquor Compliance 121682 61 MINNCOMM PAGING Pager&Cell Phone Water System Maintenance 121683 289 MINNEAPOLIS AREA ASSOC OF REAL Operating Supplies Assessing 121684 240 MINNESOTA POLLUTION CONTROL AG Other Contracted Services TIF fund 121685 265 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 121686 72 OFFICE DEPOT CREDIT PLAN Office Supplies General 121687 57 OTT,ANGIE Program Fee Preschool Events 121688 5 PHILLIPS,SHIRLEY Program Fee Senior Center Program 121689 90 POST BOARD Licenses&Taxes Police 121690 109 QWEST Telephone Outdoor Center 121691 3,221 RELIASTAR LIFE INSURANCE CO Disability Ins Employers General Fund 121692 39 RITZ CAMERA CENTERS Video&Photo Supplies Community Center Admin 121693 50 SCHUETZ,LISA Lessons&Classes Fitness Classes 121694 44 SHAH,BHAUNA Lessons&Classes Pool Lessons 121695 165 TRELEAVEN,DAVID Other Contracted Services Liquor Compliance 121696 955 VERIZON DIRECTORIES CORP Advertising Prairie Village Liquor Store 121697 200 VILENDER,STEVEN Other Contracted Services Staring Lake Concert 121698 114,245 XCEL ENERGY Electric Street Lighting 121699 230 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 121700 1,560 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 121701 2,890 MINN CHILD SUPPORT PAYMENT CTR Gamishment Withheld General Fund 121702 492 UNITED WAY United Way Withheld General Fund 121703 301 ANCHOR PAPER COMPANY Office Supplies General 121704 35 ANDERSON,PAUL E Cash Over/Short General Fund 121705 195 BALDINGER,WENDY Other Contracted Services Staring Lake Concert 121706 290 . BARLI,ROBERT Clothing&Uniforms Police 121707 160 ' BCA/FORENSIC SCIENCE LABORATOR Conference Expense Police 121709 7,351 BIFFS INC Waste Disposal Park Maintenance 121710 16 BONFE'S PLUMBING&HEATING SER Cash Over/Short General Fund 121711 150 CALHOUN ISLES COMMUNITY BAND Other Contracted Services Staring Lake Concert 121712 138 CARBIOU COFFEE Operating Supplies Summer Safety Camp 121713 10 CENTERPOINT ENERGY Gas Crestwood Park 121714 44 CHASKA PAR 30 Operating Supplies Summer Skill Development 121715 59 CONLEY,JOYCE Investigation Travel Police 121716 650 DEICHERT,LYNN B. Other Contracted Services Staring Lake Concert 121717 2,929 DELTA DENTAL PLAN OF MN Dental Reimbursement Employee Benefits 121718 500 DUBOIS,JANET Instructor Service Outdoor Center 121719 773 GOOD,JAMIE Clothing&Uniforms Police 121720 235 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 121721 2,167 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 121722 57 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 121723 200 HOLTE,MARY Other Contracted Services Summer Theatre 121724 20 LAKESIDE PLUMBING Cash Over/Short General Fund 121725 951 LYMAN LUMBER COMPANY Operating Supplies Park Maintenance 121726 60 MCFERRIN,TANYA Instructor Service Outdoor Center 121727 77,361 MEDICA CHOICE Medical Bills Prepaid General Fund 121728 945 MINNESOTA BUREAU OF CRIMINAL A Employment Support Test Human Resources 121729 98 MINNESOTA VALLEY ELECTRIC COOP Electric Sewer Liftstation 121730 128 NEXTEL COMMUNICATIONS Pager&Cell Phone Wireless Communication 121731 250 NICOLLET COUNTY SHERIFF'S DEPT Deposits Escrow 121732 300 NORDQUIST,JOY Instructor Service Summer Safety Camp Check* Amount Vendor/Explanation Account Description Business Unit 121733 141 OLD DUTCH FOODS Operating Supplies Summer Safety Camp 121734 250 OTTERNESS,RON Instructor Service Outdoor Center 121735 425 PAPA JOHNS Operating Supplies Summer Safety Camp 121736 429 PETTY CASH Mileage&Parking Therapeutic Recreation 121737 291 PETTY CASH-POLICE DEPT Travel Expense Police 121738 2,521 QWEST Telephone Sewer Utility-General 121739 400 RAMSEY COUNTY SHERIFF'S DEPT. Deposits Escrow 121740 3,282 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 121741 100 STAN BANN BIG BAND Other Contracted Services Staring Lake Concert 121742 39 STAR TRIBUNE Misc Non-Taxable Den Road Liquor Store 121743 300 WASHINGTON COUNTY SHERIFFS DE Deposits Escrow 121744 800 WHITE BEAR LAKE POLICE DEPARTM Tuition Reimbursement/School Police 121745 56 WILDER,LOIS Other Contracted Services Senior Center Program 121746 96 ACE ICE COMPANY Misc Non Taxable Prairie View Liquor Store 121747 93 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 121748 869 ARCTIC GLACIER INC Misc Non-Taxable Den Road Liquor Store 121749 3,487 BELLBOY CORPORATION Transportation Prairie View Liquor Store 121750 4,521 DAY DISTRIBUTING Beer Prairie View Liquor Store 121751 2,731 EAGLE WINE COMPANY Transportation Den Road Liquor Store 121752 8,737 EAST SIDE BEVERAGE COMPANY Beer Prairie View Liquor Store 121753 769 GRAPE BEGINNINGS Wine Domestic Prairie View Liquor Store 121754 15,096 GRIGGS COOPER&CO Liquor Den Road Liquor Store 121755 87 HOHENSTEINS INC Beer Prairie Village Liquor Store 121757 22,162 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 121758 13,388 MARK VII Beer Den Road Liquor Store 121759 219 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 121760 9,141 PAUSTIS&SONS COMPANY Wine Domestic Prairie View Liquor Store 121761 10,237 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 121762 682 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 121763 1,619 PRIOR WINE COMPANY Wine Domestic Den Road Liquor Store 121764 8,288 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store 121765 9,076 THORPE DISTRIBUTING Beer Den Road Liquor Store 121766 154 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 121767 1,769 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 121768 132 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 121769 241 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 121770 299 A TO Z RENTAL CENTER Other Rentals Park Maintenance 121771 10,301 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs 121772 20 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 121773 1,331 ACME WINDOW CLEANING INC. Other Contracted Services Water Treatment Plant 121774 4,502 ACT ELECTRONICS INC Equipment Repair&Maint Traffic Signals 121775 47 AMERICAN EXPRESS PUBLISHING Misc Non-Taxable Prairie View Liquor Store 121776 1,055 AMERICAN PRESSURE INC Equipment Repair&Maint Water Utility-General 121777 381 AMERICAN WATER WORKS ASSOCIATI Training Supplies Water Utility-General 121778 1,300 ANGSTROM ANALYTICAL INC Building Capital Impr./Maint.Fund 121779 141 AQUA ENGINEERING INC Building Repair&Maint. Water Treatment Plant 121780 1,485 AQUA LOGIC INC Repair&Maint.Supplies Pool Maintenance 121781 344 BDH&YOUNG Other Contracted Services Fire Station#1 121782 198 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Ice Arena 121783 779 BERTELSON OFFICE PLUS Office Supplies Water Utility-General 121784 52 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 121785 457 BRAUN INTERTEC CORPORATION Testing-Soil Boring Construction Fund 121786 357 BRION,ED Other Contracted Services Softball 121787 1,497 BUCK,NATHAN Other Contracted Services Softball 121788 267 CARLSON TRACTOR AND EQUIPMENT Equipment Parts Fleet Services 121789 25 CAWLEY COMPANY,THE Office Supplies General 121790 5,803 CEMSTONE Repair&Maint.Supplies Storm Drainage 121791 350 CINCINNATUS Other Contracted Services City Council 121792 195 CINTAS FIRST AID&SAFETY Capital Under$2,000 Fire Cert Grant 121793 490 CLAREYS INC Equipment Testing/Cert. Water Treatment Plant 121794 120 CLASS SOFTWARE SOLUTIONS Operating Supplies Community Center Admin 121795 13,150 COMMVAULT SYSTEMS,INC. Software Capital Impr./Maint.Fund 121796 231 CONNEY SAFETY PRODUCTS Safety Supplies Fleet Services 121797 519 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 121798 32 COPY EQUIPMENT INC Operating Supplies Street Maintenance 121799 1,743 CORPORATE EXPRESS Office Supplies General 121800 10,071 CUTLER-MAGNER COMPANY Chemicals Water Treatment Plant 121801 186 D'AMICO AND SONS Miscellaneous City Clerk 121802 339 DAVIES/NORTHERN WATER WORKS Repair&Maint.Supplies Water System Maintenance 121803 210 DESAULNIERS,DAN Other Contracted Services Softball 121804 1,526 DNR SCREEN PRINTING INC Clothing&Uniforms July 4th Celebration 121805 224 EARL F ANDERSEN INC Signs Traffic Signs 121806 53 ECOLAB INC Operating Supplies Maintenance 121807 100 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions City Council Check# Amount Vendor/Explanation Account Description Business Unit 121808 389 EF JOHNSON Equipment Parts Wireless Communication 121809 457 EICKERT,KIM Other Contracted Services Softball 121810 450 EKLOF DOCKS Other Contracted Services Park Maintenance 121811 3,430 ELECTRIC PUMP Equipment Repair&Maint Water Treatment Plant 121812 210 ERICKSEN,LIZ Other Contracted Services Softball 121813 1,757 ESS BROTHERS&SONS INC* Repair&MainL Supplies Water System Maintenance 121814 63 FACILITY SYSTEMS INC Capital Under$2,000 Furniture 121815 96 FASTSIGNS Repair&Maint.Supplies Maintenance 121816 107 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Fleet Services 121817 210 FERO,STACEY Other Contracted Services Volleyball 121818 271 FERRELLGAS Motor Fuels Ice Arena 121819 19 FIKES HYGIENE SERVICES Operating Supplies Prairie Village Liquor Store 121820 445 FINLEY BROS INC Building Materials Park Acquisition&Development 121821 413 FISHER SCIENTIFIC Operating Supplies Water Treatment Plant 121822 5,378 FORE MECHANICAL,INC Building Repair&Maint. Fire Station#2 121823 1,041 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 121824 754 GARTNER REFRIGERATION&MFG IN Equipment Repair&Maint Maintenance 121825 66 GINA MARIAS INC Miscellaneous City Council 121826 897 GRAINGER Repair&Maint.Supplies Maintenance 121827 320 GS DIRECT Operating Supplies Engineering 121828 390 HARMON AUTOGLASS Equipment Repair&Maint Fleet Services 121829 9,294 HAWKINS WATER TREATMENT GROUP Chemicals Water Treatment Plant 121830 350 HENNEPIN TECHNICAL COLLEGE Other Rentals Recycle Rebate 121831 331 HIGLEY,STEVE Other Contracted Services Softball 121832 1,048 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 121833 588 HOLMES,JOHN CARTER Other Contracted Services Softball 121834 1,552 HUTTON COMMUNICATIONS,INC. Software Information Technology 121835 498 ICERINK SUPPLY CO Repair&Maint.Supplies Ice Arena 121836 1,641 ICI DULUX PAINT CTRS Repair&Maint.Supplies Water Treatment Plant 121837 23 IDEA ART Operating Supplies July 4th Celebration 121838 418 IDEXX DISTRIBUTION CORP Operating Supplies Water Utility-General 121839 1,409 ITRON INC. Other Contracted Services Water Meter Reading 121840 2,264 JANEX INC Cleaning Supplies Maintenance 121841 1,917 JB LAWN LANDSCAPING&SNOWPLOW Other Contracted Services Sewer System Maintenance 121842 96 KRAEMERS HARDWARE INC Operating Supplies Water Utility-General 121843 121 LAB SAFETY SUPPLY INC Cleaning Supplies General Facilities 121844 138 LAKE COUNTRY DOOR Building Repair&Maint. City Center Operations 121845 1,943 LANO EQUIPMENT INC Other Rentals Street Maintenance 121846 1,524 LARKSTUR ENGINEERING&SUPPLY Equipment Parts Water Treatment Plant 121847 69 LASER CONTROL INC Small Tools Park Maintenance 121848 1,500 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Employee Benefits 121849 2,114 LIFE SAFETY SYSTEMS Building Repair&Maint. Fire Station#2 121850 390 LINDA KLOECKNER Advertising July 4th Celebration 121851 50 M SHANKEN COMMUNICATIONS INC Misc Non-Taxable Prairie View Liquor Store 121852 994 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Sewer System Maintenance 121853 1,641 MAGNEY CONSTRUCTION INC Building Repair&Maint. Water Treatment Plant 121854 144 MARKS CERTICARE AMOCO Equipment Repair&Maint Fleet Services 121855 350 MARTIN-MCALLISTER Employment Support Test Human Resources 121856 435 MATTS AUTO SERVICE INC Asphalt Overlay Street Maintenance 121857 215,750 MEDICA CHOICE Medical Bills Prepaid General Fund 121859 942 MENARDS Operating Supplies Park Maintenance 121860 200 METRO EROSION INC Miscellaneous Storm Drainage 121861 1,350 METRO FIRE Small Tools Fire 121862 467 METROPOLITAN FORD Equipment Parts Fleet Services 121863 183 METROPOLITAN MECHANICAL Cleaning Supplies Maintenance 121864 381 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 121865 6,993 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 121866 1,312 MINNESOTA PRINT MANAGEMENT LLC Office Supplies General 121867 340 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 121868 103 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 121869 2,740 MRPA Special Event Fees Softball 121870 4,429 MTI DISTRIBUTING INC. Equipment Parts Fleet Services 121871 550 NATURAL REFLECTIONS VII LLC Other Contracted Services Water Treatment Plant 121872 89 NORTH CENTRAL LABORATORIES Operating Supplies Water System Maintenance 121873 2,872 NORTHDALE CONSTRUCTION CO INC Improvement Contracts Charlson Area Construction 121874 319 NORTHERN TOOL&EQUIPMENT CO. Equipment Parts Fleet Services 121875 6 OLD CASTLE Equipment Repair&Maint Maintenance 121876 4,141 OLD TOWN CANOE Other Assets Outdoor Center 121877 14 OLSEN COMPANIES Operating Supplies Street Maintenance 121878 144 ORIENTAL TRADING COMPANY INC Operating Supplies July 4th Celebration 121879 181 OSI BATTERIES INC Operating Supplies General Facilities 121880 360 PACE ANALYTICAL SERVICES INC. Other Contracted Services Water System Maintenance CS Check* Amount Vendor 1 Explanation Account Description Business Unit 121881 631 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Maintenance 121882 283 PRAIRIE OFFSET PRINTING Printing Assessing 121883 45,969 PRECISION SEALCOATING INC Other Contracted Services Street Maintenance 121884 660 PUBLIC SAFETY EQUIPMENT CO Capital Under$2,000 Fleet Services 121885 608 RAY,LEE Other Contracted Services Softball 121886 19,467 RMR SERVICES INC Merchandise for Resale Water Meter Reading 121887 87 S&S WORLDWIDE Operating Supplies July 4th Celebration 121888 101 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 121889 88 SHRED-IT Waste Disposal City Center Operations 121890 2,478 SIMPLEXGRINNELL LP Repair&Maint.Supplies Maintenance 121891 258 SNAP-ON TOOLS Small Tools Fleet Services 121892 240 SNELL MECHANICAL INC Repair&Maint.Supplies Ice Arena 121893 484 SOUTHWEST LOCK&KEY Repair&Maint.Supplies Maintenance 121894 684 SS DESIGN AND PRODUCTION INC Other Contracted Services July 4th Celebration 121895 42 ST CROIX RECREATION CO INC Repair&Maint.Supplies Miller Park 121896 8,514 ST JOSEPH EQUIPMENT INC Machinery&Equipment Public Works 121897 77 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Paris Fleet Services 121898 46 STERLING FENCE INC Repair&Maint.Supplies Water Well#3 121899 3,140 SUBURBAN CHEVROLET GEO Equipment Parts Fleet Services 121900 1,454 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 121901 379 SUN NEWSPAPERS Legal Notices Publishing City Clerk 121902 145 SWEDLUNDS Waste Disposal Outdoor Center 121903 873 TESSMAN SEED CO Landscape Materials/Supp Park Maintenance 121904 1,873 THYSSENKRUPP ELEVATOR Building Repair&Maint. Senior Center 121905 1,506 TKDA Design&Engineering Utility Improvement Fund 121906 238 TRANS ALARM INC Building Repair&Maint. Water Treatment Plant 121907 11 ULTIMATE OFFICE Office Supplies Water Utility-General 121908 3,509 UNIFORMS UNLIMITED Clothing&Uniforms Fire 121909 69 UNITED CALIFORNIA FACTORS Office Supplies General 121910 64 UNITED RENTALS Equipment Parts Stormwater Liftstation 121911 786 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 121912 3,161 VERNCO MAINTENANCE INC Other Contracted Services Water Treatment Plant 121913 1,811 WACONIA FARM SUPPLY Building Materials Park Acquisition&Development 121914 1,186 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 121915 221 WATSON CO INC,THE Operating Supplies Art&Music 121916 214 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Services 121917 76 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 121918 46 WOLF CAMERA Video&Photo Supplies Assessing 121919 3,797 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant 121920 430 ZEP MANUFACTURING CO Equipment Parts Fleet Services 121921 373 ZIEBART OF MINNESOTA INC Capital Under$2,000 Fleet Services 121922 126 ZOELLNER,MARK Other Contracted Services Softball 1,453,029 Grand Total CITY COUNCIL AGENDA DATE: 7/15/03 SECTION: Petitions and Requests DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Donald R.Uram Emerson-Rosemount Michael D. Franzen Requested Action Move to: • Adopt the Resolution for Planned Unit Development Concept Review on 58.89 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with and Change from Rural to I-5 on 9.2 acres; and • Adopt the Resolution for Preliminary Plat of 58.89 acres into 2 lots; and • Direct S taff t o p repare a D evelopment Agreement incorporating S taff and B oard recommendations and Council conditions; and Synopsis The project is a subdivision of 58.89 acres into two lots and a rezoning of 9.2 acres from Rural to I-5. The City Council closed the public hearing on this item on July 1, 2003 and continued discussion to the July 15, 2003 meeting. Background Staff met with Rosemount on Thursday to discuss locations for the road easement and the events that would trigger the construction of the road. Staff and Rosemount agree to the following: 1. The road easement would be located within the p ower line easement as shown on the preliminary plat. Alternative locations for the road easement at the time of future development will be considered based on City requirements and the most practical and cost effective design, that maximizes development potential, while avoiding the relocation of the power line and telecommunication equipment.. 2. The road would be constructed by the Emerson Rosemount when a guide plan change, rezoning, planned unit development, site plan review, subdivision, or building expansion greater than 50,000 square feet id requested. 3. Emerson Rosemount shall pay for the road within the property based on a not to exceed 48 foot wide commercial standard and will be designed based on project needs for 7b City Council Public Hearings—Emerson-Rosemount July 15,2003 Page 3 redevelopment. If development is an industrial expansion then the road shall be a 37 foot wide industrial standard. 4. The City will maintain the road. 5. If MnDot or City triggers the construction of the road, Emerson Rosemount would not pay for the cost of the road. The construction cost shall include relocating visitor parking to the north side of the building. 6. Emerson Rosemount may build the road privately or petition the City as a 100% petitioned special assessment project. Attachments 1. Resolution for PUD Concept 2. Resolution for Preliminary Plat 71 EMERSON PROCESS MANAGEMENT ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EMERSON PROCESS MANAGEMENT ADDITION FOR ROSEMOUNT,INC. WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Community Planning Board did conduct a public hearing on June 9,,2003 by Rosemount,Inc.,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 July 15, 2003. NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1. Emerson Process Management Addition, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A,is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated June 20, 2003. 3. That the PUD Concept meets the recommendations of the Community Planning Board dated June 9, 2003. ADOPTED by the City Council of the City of Eden Prairie this 15th day of July, 2003. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen A. Porta, City Clerk /c EXHIBIT A PUD Concept-Emerson Process Management Addition LEGAL DESCRIPTION—PRELIMINARY PLAT Parcel 1: The East 687.5 feet (as measured at right angles) of the Northeast 1/ of the Northwest 1/ of Section 14, Township 116, Range 22, except that part lying Southerly of a line drawn from a point in the East line of said Northwest 1/ of the Northwest %, distant 76.2 feet North of the Southeast corner thereof, to a point in the South line of the Northwest 1/ of the Northwest 1/, distant 700 feet West, as measured along said South line, from the Southeast corner thereof, and also except that part platted as IDLEWILD OFFICE CENTER. Parcel 2: That part of the Northeast 'A of the Northwest 1/ of Section 14, Township 116,Range 22, lying West of the East 1,132.5 feet thereof(as measured at right angles), except that part lying within the following: That part of the North 1z of the Northwest % of Section 14, Township 116, Range 22, described as follows: Commencing at the point of intersection of the North line of Section 14 and a line parallel with and 812.5 feet West of the East line of said Northwest 1/; thence South along said parallel line 322.1 feet; thence Westerly deflecting to the right'90°02'S0" a distance of 212.8 feet to actual point of beginning of the tract of land to be described; thence continuing Westerly along last described course 144.33 feet;thence at a right angle South 210.3 feet; thence at a right angle West 24 feet; thence at a right angle South 30 feet; thence at a right angle East 168.33 feet; thence at a right angle North 240.3 feet to actual point of beginning. Parcel 3: The East 1/2 of the East %z of the Northwest 1/ of the Northwest 1/ of Section 14, Township 116, Range 22. Parcel 4: The West 320 feet of the East 1,132.5 feet (as measured at right angles) of the Northeast 1/ of the Northwest 1/ of Section 14, Township 116, Range 22, except that part lying within the following: That part of the North'A of the Northwest % of Section 14, Township 116, Range 22, described as follows: Commencing at the point of intersection of the North line of Section 14 and a line parallel with and 812.5 feet West of the East line of said Northwest 1/; thence South along said parallel line 322.1 feet; thence Westerly deflecting to the right 90°02'50" a distance of 212.8 feet to actual point of beginning of the tract of land to be described; thence continuing Westerly along last described course 144.33 feet; thence at a right angle south 210.3 feet; thence at a right angle West 24 feet; thence at a right angle South 30 feet; thence at a right angle East 168.33 feet; thence at a right angle North 240.3 feet to actual point of beginning. �73 Subject to highway easement in State Highway No. 5. Parcel 5: A strip of land One Hundred Twenty-five feet(125') in width across the Northeast Quarter (NE 'A) of the Northwest Quarter(NW'A) of Section Fourteen(14),Township One Hundred Sixteen(116),Range Twenty-two (22)the center line of said land being a line drawn parallel with and distant Seven Hundred fifty feet(750') from the East line thereof, except that part thereof included in the following described tract: Commencing Seventy-six and Two Tenths feet (76.2')North of the Southeast corner of said Northeast Quarter(NE 1A) of Northwest Quarter(NW 'A); thence South to the Southeast corner thereof;thence West Seven Hundred feet (W 700'); thence Northeasterly to a point Seventy-six and Two Tenths feet(76.2')North of the Southeast corner of said Northeast Quarter(NE 1/) of Northwest Quarter(NW '), according to the United States Government Survey thereof. Parcel 6: The West 'A of the East 'A of the Northwest Y4 of the Northwest Y44 of Section 14, Township 116, Range 22 West of the 5th Principal Meridian. Subject to the right of way for West 78th Street. Parcel 7: That part of the North 1/2 of the Northwest 'A of Section 14, Township 116, Range 22, described as follows: Commencing at the point of intersection of the North line of Section 14 and a line parallel with and 812.5 feet West of the East line of said Northwest 'A; thence South along said parallel line 322.1 feet; thence Westerly deflecting to the right 90°02'50" a distance of 212.8 feet to actual point of beginning of the tract of land to be described; thence continuing Westerly along last described course 144.33 feet; thence at a right angle South 210.3 feet; thence at a right angle West 24 feet; thence at a right angle South 30 feet; thence at a right angle East 168.33 feet; thence at a right angle North 240.3 feet to actual point of beginning. Hennepin County, Minnesota M1:984746.01 7Lf LEGAL DESCRIPTION—REZONING Parcel 6: The West/2 of the East'A of the Northwest 'A of the Northwest 'A of Section 14, Township 116,Range 22 West of the 5th Principal Meridian. Subject to the right of way for West 78th Street. EMERSON PROCESS MANAGEMENT ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2003- RESOLUTION APPROVING THE PRELIMINARY PLAT OF EMERSON PROCESS MANAGEMENT ADDITION FOR ROSEMOUNT,INC. BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Emerson Management for Rosemount,Inc., dated June 20,2003,and consisting of 58.89 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 15th day of July,2003. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk 7� Planning Board Minutes June 9, 2003 Page 2 V. PUBLIC HEARINGS A. EMERSON PROCESS MANAGEMENT ADDITION by Rosemount Inc. Request for Planned Unit Development Concept Review on 58.89 acres, Planned Unit Development District Review on 58.89 acres, Rezoning from Rural to I-5 on 9.2 acres, and Preliminary Plat of 58.89 acres into 2 lots. Location 12001 Technology Drive. Evan Rice presented the project. He stated the site is composed of 7 lots zoned I-5 and 9 acres zoned Rural. He said there are two buildings on the property, one is 158,367 s.f and the other is 116,995 s.f. Rosemount Inc., plans to consolidate its operations into the larger of the two buildings. They are considering changing the use of the second building. He said they plan to donate the other building to the Emerson Charitable Trust for its eventual sale. He stated the request is for rezoning of the 9 acres to the west to be consistent with the Guide Plan. There is an agreement between Costco and Emerson Charitable Trust which is contingent on the subdivision approval. If Costco doesn't purchase the property, Rosemount will eventually sell the property. There is a plan to continue the bituminous sidewalk west across the property. Rosemount has agreed to a conservation easement over the lake and a trail easement. Rosemount is not in agreement with the proposed roadway easement. It would run 80 x 164 feet through an existing transmission easement. Rosemount has reservations as to providing the easement including: 1) Location corresponds with existing primary driveway. Would have to reconfigure how to enter and exit the building and property. 2) Don't see the roadway as being imminent. None of the MnDot guide documents show anything happening in the next 5 - 10 years. 3) Rosemount has agreed to the trailway and conservation easements and the bituminous trailway. Franzen stated the City and M nDot have b een studying options for a full access with I-494 at TH 212/Flying Cloud Drive. All issues considered, the most feasible option calls for closing the east end of Technology Drive at TH 212. In order to provide dependable, two-way access to existing and future businesses in the area, it is critical to plan for a connection between Technology Drive and Single Tree Lane. This area is already encumbered by a powerline. The staff is open to other locations for the road easement. Franzen stated one of the questions is when would the road be built. If Rosemount decided to subdivide, change zoning or do a guide plan change, etc.; that would be one of the triggers to build the roadway. Rosemount is asking for a 50 foot setback `11 Planning Board Minutes June 9,2003 Page 3 waiver. S taffwould support a 100 foot setback from Idlewild Lake, subject toa conservation easement. This would protect vegetation and trees. Staff would also support an impervious surface waiver to 70%. Staff is recommending approval according to the recommendations on page four of the staff report. Al Gray, City Engineer, showed an aerial photo of the site and described the location of the roadway. Gray stated that if there is a guide plan change and Costco locates there, it will create additional traffic. This interchange would be very convenient for the whole commercial area and since Costco is a regional business it will pull customers from a larger geographic area. Traffic will be using Technology Drive which is already congested. He said transportation fits well with the transmission easement which could include a parking lot or a roadway. The corridor lines up well with Technology Drive and Single Tree Lane. He stated that when a corridor is planned and is taken as an easement, this differs from taking it as a road right-of-way. Foote asked if there was any other way to place a roadway through the property. Gray responded that because of changes in grade, certain areas would be very difficult to utilize for a roadway. Steppat asked about the property to the southof the corridor not owned by Emerson Process. He asked what would need to be done to get the road through that property. Gray responded, it would include acquisition of the corridor which would impact parking areas for the businesses. This would include some type of mitigation for them. Brooks asked whether this would impact any other property in the area. Gray responded the bowling alley and a Watertower apartments. Sutherland asked if the reconfiguration of the 1-494/212 interchange is necessary for the closing of Technology Drive and the connection of Technology to Single Tree Lane. Gray responded there are several alternatives but this one is the preferred one. It's necessary to establish the easement and define the triggers. This is not something t hat w ill b e done immediately. T he money isn't available i n the next year or so. There are more projects that need to be done with the major center fund than can be done with the funds available. Robert Emhoff of 8704 Greer Lane, President of American Baptist Homes of the Midwest, stated that his business is located contiguous to Technology Drive. He said he is concerned about the density of development in the area such as Lincoln Parc and the Watertower projects. Because of these dense developments, there is not a lot of green space remaining in this area of the city. He said further development of the area would have a profound impact because most of his employees use Flying Cloud Drive. He said he is concerned about the effects Costco would have if they built in the area and he doesn't believe they are needed in Planning Board Minutes June 9,2003 Page 4 Eden Prairie. He stated the traffic on Technology Drive would be significantly increased and the traffic light system at the intersection of Technology Drive and Flying Cloud Drive is not set up for this kind of traffic. The area needs to be maintained as it is with the current conservation easement and 200 foot setback. Evan Rice stated they want to keep the discussion as it related to Rosemount, not to Costco. He said while Emerson Process is not against the corridor, Rosemount wants t o continue t heir current use o f t he property. T he concern i s t hat t hey b e assured there are appropriate triggers in place so that only when the I-494/212 interchange is upgraded and Technology Drive is closed will the roadway be built. Rosemount would like to use their land the way they see fit, including the green space. Sutherland stated that in reference to Rosemount wanting to keep the current driveway as opposed to a roadway, it would seem to be a minor adjustment for those entering the site. Mr. Rice responded that the roadway will cut off access to the entire northwest part of the property where there are walking paths, picnic areas with a picnic pavilion and tennis courts utilized by employees. At a minimum, Rosemount would need to reconfigure the use of the building to allow for traffic circulation. Steppat stated he believes in the vision of a downtown Eden Prairie which involves redevelopment. He said there is no good access to I-494 from that area of the city. He said the City needs to look at the future and plan for it. This option will do that by having the easement in place. Sodt asked about the reference in the letter for the springing easement which is triggered by an event. He asked if there is a legal basis for this type of easement. Mr. Rice responded the use of the easement rights are contingent on a prerequisite event which would occur first. In this case, it would be the upgrading of I-494/212 and the closing of Technology Drive. Sodt asked if this then would be legal and binding. Mr. Rice responded it would. Sodt stated the 10 foot waiver parking lot setbacks should not be given up. He asked if a temporary waiver would be granted and binding. The City should Planning Board Minutes June 9,2003 Page 5 land within the easement can be included to determine the allowable building square footage. Land within road right-of-way cannot be used to calculate allowable building square footage. The easement area would cover approximately 2 acres. MOTION by Steppat, second by Foote to close the public hearing. MOTION by Steppat. second by Foote to approve the Planned Unit Development Concept Review on 58.89 acres, Planned Unit Development District Review on 58.89 acres, Rezoning from Rural to I-5 on 9.2 acres, and Preliminary Plat of 58.89 acres into 2 lots, based on plans dated April 18, 2003, subject to the recommendations of the staff report dated June 6, 2003. Motion carried, 7-0. Franzen suggested the Board make a separate motion that includes triggers for the roadway. Also, whether the City would consider a shoreland setback of 100 feet and impervious surface of 70% for Lot 2. This waiver would be similar to those granted for other projects in the area. Brooks asked ifs taff had discussed t riggers with R osemount.F ranzen responded yes. Foote asked about triggers and the fact that Rosemount controls them. He asked if a minor building expansion would be a trigger. Franzen responded no, but a large expansion would require a site plan review before the Board and Council again. Gray added the triggers are not for the easement but construction of the roadway. He said it would be extremely unlikely if they expanded that it would trigger the roadway. Stoelting asked for input from Board members as to sending a message to the City Council on the waiver and easement. Sutherland stated that a motion to reconsider can be to change the original motion or call for a revote, it just brings it up again. MOTION by Sodt, second by Sutherland, to reconsider the motion. The Board voted to reconsider the motion: Vote: Brookes, Foote, Sodt, Sutherland and Stoelting voted aye. Seymour and Steppat voted nay. Motion carried, 5-2. MOTION by Sodt, second by Foote, to approve the Planned Unit Development Concept Review on 58.89 acres, Planned Unit Development District Review on 58.89 acres, Rezoning from Rural to I-5 on 9.2 acres, and Preliminary Plat of 58.89 acres into 2 lots, based on plans dated April 18, 2003, subject to the recommendations of the staff report dated June 6, 2003; Staff and Council will 8b Planning Board Minutes June 9,2003 Page 6 negotiate an easement which would allow for roadway construction when one of the following occurs: subdivision, rezoning, guide plan change, or building expansion on Lot 2 or construction of a full access with I-494/212 and the closing of Technology Drive; and granting a waiver to allow a setback of 100 feet from Lake Idlewilde and an increase in the impervious surface from 35%to 70%. MOTION by Sutherland, second by Foote, to amend the motion to include deleting requirement 1C on page 4 of the staff report regarding the 10 foot setback to parking. Motion carried, 7-0. STAFF REPORT TO: Community Planning Board FROM: Danette M. Moore THROUGH: Michael D. Franzen, City Planner DATE: June 6, 2003 SUBJECT: Emerson Process Management Addition APPLICANT/ OWNER: Rosemount Inc. LOCATION: 12001 Technology Drive REQUEST: 1. Planned Unit Development Concept Review on 58.89 acres 2. Planned Unit Development District Review with waivers on 58.89 acres 3. Zoning District Change from Rural to I-5 on 9.2 acres. 4. Preliminary Plat of 58.89 acres into 2 lots. Area Location Map - Emerson Process Management Addition - 12001 Technology Drive 1111r411,\1Viikw- �i t 494 \ 4(4A1 411111‘. Highway #5 � �i �—'- k Technology Drive \ / N \7 L jaw i = i N SITE 1111 \/4t _ , Eden Road Prairie Center Drive A -- _ �L�- , / Single Tree Lan / ,- -1 V /t-. i 83 Staff Report—Emerson Process Management Addition June 6,2003 Page 2 BACKGROUND The Comprehensive Guide Plan shows this site as Industrial. Surrounding land is guide Industrial to the north,Commercial to the east and south,and office to the west.The east 49.69 acres of this site is zoned I-5 Industrial. The west 9.2 acres is zoned Rural. PRELIMINARY PLAT The preliminary plat shows the subdivision of 58.89 acres into two lots.Proposed Lot 1 is 18.1acres. Proposed Lot 2 is 34.7acres. Both lots meet the 5.0 acre lot size requirement for the I-5 industrial zoning district. Both buildings meet all setback requirements from property lines. The base area and floor area ratio requirement is 0.30. Proposed Lot 1 is 0.15. Proposed Lot 2 is 0.10. The parking requirement for the building on proposed Lot 1 is 313. There are 355 parking spaces shown on the plan. The parking requirement for the building on proposed Lot 2 is 547. The plan shows 747 on the plan. REZONING The west 9.2 acres of proposed Lot 1 is zoned rural. The rezoning to I-5 Industrial would be consistent with the guide plan and would allow the existing building to expand, subject to site plan approval by the Community Planning Board and City Council. Costco is currently working with Emerson Rosemount to purchase proposed Lot 1. Costco will appear at the June 23, 2003 Community Planning Board meeting for a guide plan change to commercial and zoning change to commercial for proposed Lot 1. SHORELAND Proposed Lot 2 is in a Shoreland Area defined by the Department of Natural Resources. Lake Idlewild is a Recreational Development Water. The required building setback is 200 feet from the high water mark of the lake. The shore impact zoned is 100 feet from the lake and no grading or removal of vegetation is permitted. Impervious surface is limited to 35%of the lot. A conservation easement should be required to protect the 100 foot shore impact zone. This will also protect a wetland adjacent to the lake. 0 � Staff Report—Emerson Process Management Addition June 6,2003 Page 3 ACCESS The City and MnDot have been studying options for a full access with I-494 at TH 212/Flying Cloud Drive. All issues considered,the most feasible option calls for closing the east end of Technology Drive at TH 212.In order to provide dependable,two-way access to existing and future businesses in the area, it is critical to plan for a connection between Technology Drive and Single tree Lane. The City can b y statute require a dedication o fright o f w ay only a s part of an approval of a subdivision of land. Although this is the preferred method of providing for a future road, there appears to be a mutual advantage to a road easement. With a road easement, the land within the easement can be included to determine the allowable building square footage.Land within road right of way cannot be used to calculate allowable building square footage. The easement area would cover approximately 2 acres. For an industrial use this means between 26,000 to 43,560 square feet of building. For commercial uses this means 17,424 to 34,848 square feet of building. Although there may be other appropriate locations that would work for a road easement,the west 80 feet of the existing transmission easement makes sense,since it is unlikely that any structure would be built within the existing easement. The staff is open to alternative locations of the road easement at this time or relocating the easement at the time of future development in a manner that would maximize the development potential of the property. Although the road easement will be required as a condition of subdivision approval,the road would not be constructed until any of the following redevelopment actions occur: • A future subdivision of proposed lot 2. • A future rezoning of proposed lot 2. • A future guide plan change of proposed lot 2. • A building expansion on proposed lot 2. • The construction of a full access with I-494 and TH 212/Flying Cloud Drive and the closing of the east end of Technology Drive. Emerson-Rosemount does not want to provide a road easement at this time,but would provide one in the future if the land is subdivided, rezoned, or guide plan changed. TRAILS An 8 foot wide bituminous trail should be constructed along Technology Drive. A trail easement should be provided along Lake Idlewild. �'S Staff Report—Emerson Process Management Addition June 6,2003 Page 4 PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are required through the Planned Unit Development: • Side yard setback to parking from 10 to 0 feet. This is created by the location of the new lot line. Parking can be removed to meet this requirement and still meeting the requirement for number of parking spaces. Proposed lot 1 has 42 more parking spaces than the code requires. SUMMARY The rezoning of the west 9.2 acres of proposed Lot 1 to I-5 would be consistent with the guide plan and zoning of the east 49.69 acres of the property. Either road right of way or road easement should be required at this time. The easement benefits the property owner and the City because it allows more development potential.Subdivision is the mechanism for obtaining right of way or easements. STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Review on 58.89 acres • Planned Unit Development District Review with waivers on 58.89 acres • Zoning District Change from Rural to I-5 on 9.2 acres. • Preliminary Plat of 58.89 acres into 2 lots. This approval is based on plans dated April 18,2003, subject to the recommendations of this Staff Report, and the following: 1. Prior to City Council review,the proponent shall: A. Modify the preliminary plat to show an 80 foot easement for road purposes. B. Modify the preliminary plat to show a Conservation Easement over the 100 foot shore impact zone. C. Modify the preliminary plat to meet the 10 side yard setback to parking. 2. Construct an 8 foot wide bituminous trail along Technology Drive. 3. Provide a trail easement adjacent to Lake Idlewild. May 29,2003 Evan B.Rice Faegre&Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis,Mn. 55402-3901 Fax 612-766-1600 Re: Road Easement-Rosemount Dear Mr.Rice: Thanks for taking time to discuss the road easement across the Emerson-Rosemount site. I am responding to your request for a letter indicating the reasons for the easement, the size and location of the easement, and the actions that would trigger the construction of a road within the easement. The City and MnDot have been studying options for a full access with I-494 at TH 212/Flying Cloud Drive. All issues considered, the most feasible option calls for closing the east end of Technology Drive at TH 212. In order to provide dependable, two-way access to existing and future businesses in the area, it is critical to plan for a connection between Technology Drive and Single tree Lane. The City can by statute require a dedication of right of way only as part of an approval of a subdivision of land. Although this would be our preferred method of providing for a future road, there appears to be a mutual advantage to a road easement. With a road easement, the land within the easement can be included to determine the allowable building square footage. Land within road right of way cannot be used to calculate allowable building square footage. The easement area would cover approximately 2 acres. For an industrial use this means between 26,000 to 43,560 square feet of building. For commercial uses this means 17,424 to 34,848 square feet of building. Although there may be other appropriate locations that would work for a road easement, we chose the westerly 80 feet of the existing transmission easement, since it is unlikely that any structure would be built within the existing easement. We are open to alternative locations of the road easement at this time or relocating the easement at the time of future development in a manner that would maximize the development potential of the property. Although the road easement will be required as a condition of subdivision approval, the road would not be constructed until any of the following redevelopment actions occur: • A future subdivision of proposed lot 2. • A future rezoning of proposed lot 2. • A future guide plan change of proposed lot 2. • A building expansion on proposed lot 2. • The construction of a full access with I-494 and TH 212/Flying Cloud Drive and the closing of the east end of Technology Drive. Proposed Lot 2 is in a Shoreland Area defined by the Department of Natural Resources. Lake Idlewild is a Recreational Development Water. The building setback is 200 feet from the high water mark of the lake. Impervious surface is limited to 35% of the lot. The staff is willing to recommend that waivers be granted for a 100 foot setback and increased impervious surface, provided a conservation easement to protect existing trees within the 100 foot setback and the construction of stormwater treatment ponds. These waivers should also help increase the development potential of the site. We remain open to other possibilities. We acknowledge that the timing of this request compared to the current business use of proposed lot 2 creates concern for you. However, as we view the future, the relationship of proposed lot 2 to the rest of the Market Center Area will be greatly enhanced with a roadway connection at the time of redevelopment. We are convinced this adds value to your property and provides for a valuable and necessary transportation link as well. Let us know if you would like to meet to discuss the road easement. Sincerely, Michael D. Franzen cc. Scott H.Neal, City Manager Eugene A. Dietz,Director of Public Works Donald R.Uram.Director of Management and Budget David Lindahl,Economic Development Manager b Curt N. Stanton Paine/Wetzel 8700 West Bryn Mawr Chicago, Illinois 60631 Fax 773-774-8253 COPY FAEGRE & BENSON LLP COPY 2200 WELLS FARGO CENTER, 90 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402-3901 TELEPHONE 612.766.7000 FACSIMILE 612.766.1600 www.faegre.com Evan B.Rice 612.766.8831 June 9, 2003 Michael D. Franzen BY MESSENGER City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Rosemount Subdivision. Proposed Dedication of Roadway Easement Dear Michael: As you know, I represent Rosemount, Inc. ("Rosemount"). Rosemount presently has certain land use requests pending before the City of Eden Prairie (the "City"), including a proposal to subdivide Rosemount's existing property at 12001 Technology Drive (the "Subdivision" and "Property," respectively). Once approved, the Subdivision will split the Property into two lots, Lot 1 and Lot 2. Although Rosemount intends to donate Lot 1 to the Emerson Charitable Trust for future sale and development, Rosemount intends to retain Lot 2 for continued use. • In the context of the Subdivision, and pursuant to your letter dated May 29, 2003 (the "Letter"), the City has requested that Rosemount grant an easement in favor of the City for roadway purposes (the "Easement"). The Easement's stated purpose is to support the future construction of a road across Lot 2 so as to connect Technology Drive with Singietree Lane (the"Road"). In our conversations at the time the Letter was written, Rosemount objected to the Easement and the Road because they would appear to compromise Rosemount's continued use of, and future options for, Lot 2. Nevertheless, although Rosemount does have some persistent reservations, after considering the rationales expressed in the Letter, Rosemount has begun to reconsider its position and hopes to reach a mutually beneficial agreement with the City on the Easement and Road—an agreement which we believe would be in the spirit of the Letter. Minnesota Colorado Iowa London CFrrankf in Shanghai 1 Michael D. Franzen June 9,2003 Page 2 To that end, I have been authorized by Rosemount to make certain proposals to the City, and I hope that this letter will open a productive dialogue with you and the City Staff on the following issues. 1. Triggering Event. The Letter suggests that construction of the Road would take place, if at all, only upon the occurrence of one of five alternative prerequisite events: (i) subdivision, (ii) rezoning, (iii) guide plan change, (iv)building expansion, or(v) closing of Technology Drive. Some of these prerequisites concern Rosemount,however, and Rosemount takes the baseline position that absent an extraordinary event—such as the closing of Technology Drive—Rosemount should be free to continue to use Lot 2 in substantially the same manner as it has for the past thirty years. Specifically, under the plan proposed by the Letter, although Rosemount would control the timing of any future subdivision of Lot 2, the City would have the unilateral power to initiate either rezoning or guide plan change without Rosemount's consent. In addition, although a large-scale building expansion might fairly trigger construction of the Road, Rosemount must retain the flexibility to make minor expansions to the building on an as-needed basis. In order to address these concerns, Rosemount proposes that the City and Rosemount agree as follows: a springing Easement would be granted now, at the time of the Subdivision, but subject to the condition that the Road could only be constructed when Technology Drive is closed as a result of the reconfiguration of 1-494 and Highway 212. At bottom, we believe this is a clean, straightforward proposal that respects and values the City's legitimate needs while also balancing Rosemount's reasonable property interests. 2. Location Flexibility. . With respect to the Easement's location, the Letter observes that the westerly eighty feet of the existing transmission easement is a logical place to put the Easement. Rosemount agrees. But we also agree that at the time of any future development of Lot 2, other locations might be more advantageous. Consequently, Rosemount proposes that the Easement be provisionally located in the transmission easement, but the final location would remain subject to Rosemount's right to relocate the Easement on Lot 2 prior to construction of the Road. 3. Development Finally, the Letter also suggests two helpful ideas that would preserve the value and utility of Lot 2 going forward. They are: (i) waiver from certain setback requirements from Lot 2's Shoreland Area, and (ii) waiver from the City's impervious surface requirements. In this regard, Rosemount proposes that these waivers be granted as part of the Subdivision (understanding that Rosemount has no present plans to utilize them), and that the recommended waivers be for a fifty-foot (50') setback from the Shoreland Area and to seventy percent (70%) impervious surface. 90 Michael D. Franzen June 9,2003 Page 3 Rosemount continues to appreciate the City Staff's hard work and open-minded approach to these issues. Please feel free to contact me directly if I maybe of assistance in clarifying Rosemount's proposals, and we remain ready to discuss the Easement and Road, as well as the Subdivision, at your earliest convenience. Very truly yours, Evan B. Rice cc: Members, Community Planning Board Jeffrey W. Schmitt (via email) Curt N. Stanton (via email) James G. Buell (via email) Harold J. Lamboley, Jr. (via email) FAEGRE & BENSON LLP 2200 WELLS FAR.GO CENTER, 90 SOUTH SEVENTH STREET MINNEAPOLIS,MINNESOTA 55402-3901 TELEPHONE 612.766.7000 Rice FACSIMILE 612.766.1600 612.2.7s.766.883131 www.faegre.com June 25, 2003 Michael D. Franzen BY MESSENGER City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Rosemount Subdivision; Roadway Easement and TDMP Dear Michael: At the June 9th meeting of the Eden Prairie Community Planning Board ("Board"), the Board recommended approval of the land use application recently submitted by my client, Rosemount, Inc. ("Rosemount"). In so doing, the Board also made certain suggestions concerning the terms and conditions under which Rosemount would be asked to grant an easement in favor of the City(the"Easement") which would provide for the future construction of a road connecting Technology Drive with Singletree Lane (the "Road"). The purpose of this letter is first to confirm Rosemount's understanding of the Board's recommendations and suggestions—particularly with respect to the teinis and conditions of the Easement and Road—and second to supplement Rosemount's correspondence with the City on one other issue. 1. Terms of Easement and Conditions for Construction of Road. By way of background,Rosemount's pending land use application proposes to subdivide property located at 12001 Technology Drive to create two new lots, Lot 1 and Lot 2 (the "Subdivision"). Following the Subdivision, Rosemount plans to donate Lot 1 to the Emerson Charitable Trust for future sale and development and to retain Lot 2 for continued use. It is in this context that Rosemount understands the Board's recommendation to approve the Subdivision, contingent upon the granting of a springing Easement across portions of Lot 2. This means that although the Easement would be formally granted at the time of final plat approval,the terms of the Easement would require that the Road could be built only upon the occurrence of a defined condition precedent. Minnesota Colorado Iowa London Frankfurt Shanghai �1a Michael D.Franzen June 25, 2003 Page 2 The conditions precedent, or"triggers,"recommended by the Board were either: (i) the construction of a new, reconfigured I-494 and Highway 212 interchange and the concurrent closure of Technology Drive; or(ii) if initiated by Rosemount, a further subdivision, rezoning, guide plan change or major building expansion on Lot 2. In either event, it is Rosemount's further understanding that the City would bear the costs associated with construction of the Road; and if the Road is constructed as a result of(i), then the City would also bear the reasonable costs associated with reconfiguring Rosemount's existing access and parking improvements on Lot 2. Recognizing that the Easement and Road, if constructed,would necessarily limit the future value of Lot 2, the Board also recommended approval of two related waivers from the City's standard Shoreland Ordinances—namely, a reduction of the setback requirement to one hundred feet and an increase in the impervious surface limit to seventy percent—and suggested that the exact placement of the Easement and Road remain open to future relocation. Because Rosemount views the triggers and waivers described above as sensible conditions which simultaneously honor the City's legitimate needs for transportation planning and respect Rosemount's reasonable property interests, Rosemount is prepared to grant the Easement on those terms. 2. Waiver of Traffic Demand Management Plan. In previous correspondence and conversation with the City, the Staff has indicated that Rosemount should be required to develop and submit a Traffic Demand Management Plan ("TDMP") as part of the Subdivision. In response to these indications,Rosemount has discussed the TDMP with engineering and consulting firms experienced in this area and has sought proposals from several. Nevertheless, after examining the objectives of the TDMP and the costs associated with its completion, Rosemount respectfully requests that the City Council waive this requirement as unnecessary in this case. The overriding objective of the City's standard TDMP requirement is the reduction in traffic flow, to the extent possible, along major road corridors,particularly during peak hours. But in this instance, the Subdivision(and by extension the business consolidation that it presupposes) already promises to effectively decrease such traffic by significantly reducing the size of Rosemount's workforce at the site. As a result, the objectives of the TDMP will be served simply by approval of the Subdivision. At great cost, the TDMP would do little to reduce peak hour traffic to and from Lot 2, and a waiver of the TDMP requirement is therefore reasonable under the circumstances. 93 Michael D. Franzen June 25,2003 Page 3 Finally, on behalf of Rosemount,I wish to acknowledge the City Staff's continued efforts and responsiveness in connection with the Subdivision. Your professionalism has been deeply appreciated. As always,we remain ready to discuss the Easement and Road, as well as the Subdivision, as necessary. Veryry trul s, • %A.. Evan B. Rice cc: Mayor Tyra-Lukens Members of the City Council Jeffrey W. Schmitt(via email) Curt N. Stanton(via email) James G. Buell (via email) Harold J. Lamboley, Jr. (via email) 1 LI CITY COUNCIL AGENDA DATE: 7/15/03 SECTION: Report of City Manager DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management and Budget/Planning Council Action on Historic Preservation Donald R.Uram Requests I John Gertz Requested Action Move to: • Authorize staff to meet with the Eden Prairie Historical Society to discuss possible operation of the Cummins-Phipps-Grill House as a museum; and • Authorize transfer of funds within the CIP from other historic site projects to the Riley-Jacques Barn project; and • Authorize going to bid on the Riley-Jacques Barn project; and • Approve amendment to the architectural services contract for the Riley-Jacques Barn Historical Society Use of the Cummins-Phipps Grill House The City Council directed the Heritage Preservation Commission (HPC) to prepare reuse recommendations for the Cummins-Phipps-Grill House, Riley-Jacques Farm, and Smith- Douglas-More House. In 2000, the HPC submitted the Adaptive Reuse Proposal subsequently approved by the Council. The HPC recommended in 2000, and continues to recommend that the Cummins-Phipps-Grill House be restored for an educational/recreational use. It is the HPC's opinion that this approach will limit the impact to existing conditions and avoid the potentially damaging effects of adaptive reuse. Unlike the Smith-Douglas-More House, the Cummins-Phipps-Grill House would require major alteration and expansion to meet commercial use standards. Additional limits are brought to bear due to the National Register of Historic Places designation on the property, and the fact that the land was acquired with Land and Water Conservation Fund (LAWCON) money. The National Register designation limits altering the building, while the LAWCON agreement limits use. Based on the existing circumstances, staff is recommending that the Eden Prairie Historical Society be considered as a primary occupant of the Cummins-Phipps-Grill House. The Historical Society is uniquely suited to provide a service to the community at the Cummins- Phipps-Grill House. Moreover, far less work and/or alteration to the house would be required to accommodate the Historical Society's use of the property. If the Historical Society agrees to use the house, the City and Historical Society will need to agree to respective responsibilities. The City should continue to provide maintenance and q J City Council—Report of City Manager—Council Action on Historic Preservation Requests July 15,2003 Page 2 facility services at the home on a regular schedule, and the Historical Society will need to maintain a regular schedule of open hours for public access. Transfer of Funds Within CIP The Heritage Preservation Commission reviewed and approved the barn reuse project at its regularly scheduled May 19, 2003 meeting. The scope of the project increased with the addition of needed parking to accommodate large gatherings, trail connections to nearby park amenities, and required connections to City sewer and water. Funding budgeted for work on the barn in 2003 is $ 243,000. That amount was based on estimates prepared by Miller-Dunwiddie Architects in 2001, and did not take into account the current expanded scope of work. Total rehabilitation costs for the barn and related site work are now estimated to be$ 784,135, as shown below: • Total Construction Costs $ 684,197 • Architectural Services $ 75,000 • Additional Fees(engineering) $ 17,550 • Professional Fees (surveying,hazardous materials $ 7,388 testing, etc.) Total Project Costs $ 784,135 Staff recommends reallocation of Historical Properties funds budgeted in the CIP, along with additional funds contributed as follows: • CIP $ 700,000 • Park Dedication Fees $ 50,000 • Storm Water Utility Fund Cost of constructing storm sewer and storm water pond. Staff also recommends that this project be completed by early 2004, and not be subject to a phased construction schedule, which would be more costly to the City. Bidding on the Riley-Jacques Barn Project Upon City Council approval of the Riley-Jacques Barn project, Miller-Dunwiddie Architects and City staff will complete the bid documents. It is anticipated that the bidding period will be from late July to mid-August. A 37 week construction schedule is expected,however, there will be no winter work scheduled. Completion of the project will be in early 2004. City Council—Report of City Manager—Council Action on Historic Preservation Requests July 15,2003 Page 3 Amendment to the Architectural Services Contract The additional fee request for this amendment is $ 17,550. The City's current agreement with Miller-Dunwiddie Architects is limited primarily to design and construction documents for the rehabilitation of the Riley-Jacques Barn. The scope of work for the project has increased to include landscape architecture and engineering related costs. These are due to the City's requirement to connect the barn's toilets to the City's sanitary system, the addition of on site parking and engineering services. The existing contract amount is $ 75,000. Attachment Letter from Chuck D. Liddy,Miller-Dunwiddie Architects, dated June 3, 2003. 123 NorthThird St.,Suite 104 MILLER DUNW1DDIE Minneapolis,Minnesota 55401 tel:612.337.0000 fax:61 2.337.0031 rcHCFFciui L rikEuv.vtiriox www.millerdunwiddie.com June 3, 2003 Mr. John Gertz Heritage Preservation Specialist City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: J. R. Cummins Home Riley-Jacques Farm MDA Proposal #EP0301 Dear Mr. Gertz: This letter is a request for Additional Fees for the above referenced project. The reason for the 'additional fee request for the various items are noted at each, as follows: ▪ Additional Landscape Architecture Fee Requested = Hourly up to $6,500.00. The basis of this request is the fact that the original RFP asked for "schematic design for barn and site" plus "Design development and construction documents for the barn." Brauer Associates, our Landscape Architect, thus originally included services only through Schematic Design. (See attached fax dated 01/21/03.) They are now requesting up to an additional. $6,500 as outlined in the attached fax.(dated 05/27/03)•to cover the remaining requested services. • Additional Civil Engineering Fee Requested = Hourly up to $7,950.00. The basis for • this request is the fact that Eden Prairie has now requested that the barn toilets be connected to the existing sanitary sewer in Riley Lake Road, rather than to a drain field as originally planned. In addition, calculations now need to be made to determine if the existing storm water retention pond southwest of the barn, to which the Park Department has asked that storm water be directed, has the capacity for the site drainage from the newly developed site. The Civil Engineering services necessary for these services are as follows (See the attached fax from J. R. Hill dated 05/30/03): 1. For the sanitary connection from the barn to the street: $3,950.00 2. For an optional sanitary sewer connection from the barn to the house: $1,175.00. 3. For the design of any underground storm drainage piping and storm water calculations required: Up to $2,825.00 (This cost also includes some services covered by the Landscape Architect. We will coordinate the delivery of these services so that there is Selected 2001 Finn of fhe Year By the Minnesota Chapter,AmericanC�ri Institute of Architects 1 U Mr.John Gertz June 3,2003 J. R. Cummins Home 1 Riley-Jacques Farm, MDA#EP0301 Page 2 no duplication and this cost is reduced. Also, not including the option of a sanitary connection to the house will also reduce the fee.) • Additional Structural Engineering Fee Requested = Hourly up to $2,000.00. The basis of this request is the fact that, when we first proposed on the project in January, 2003, we included allowances for structural engineering fees for the various portions of the work. The " allowances were based on our understanding of the project at that time; and that understanding was based on the RFP that we received, our previous limited work at both sites, and previous similar work at other farm sites. Now that we have begun the project and MBJ, the structural engineers, have had an opportunity to review the structures and the proposed scope of work, they have submitted the attached request, dated 05/29/03. The following is a summary of the items included in that request: 1. Cummins Home: Requested structural fee = $1,000; Allowance in 01/24/03 proposal = $1,000; additional requested fee for this item = $0.00 2. Riley-Jacques Barn: Requested structural fee = $3,000; Allowance in 01/24/03 proposal = $1,000; additional requested fee for this item = $2,000.00 3. Riley-Jacques Farmhouse: Requested structural fee = $500; Allowance in 01/24/03 proposal = $500; additional requested fee for this item = $0.00 • Additional Architecture Fee Requested = $1,100.00. The basis of this request is the fact that the original drawings provided to us by Eden Prairie, as prepared by the NTl•students, were not correct in a number of areas, particularly in the floor-to-floor heights and the foundation condition at the silage connection where the accessible toilet room will be located on the upper level. It has taken us 20 hours at $55/hour to verify and correct the background drawings. The total requested additional fee is therefore the total of the bold items above, or up to $17,550.00. Please note that this is a maximum amount, and every effort will be made to limit the actual fee. Also note that, if the city's Engineering Department is able to provide the Civil Engineering services requested, that portion of the fee could be saved as well. I hope that this proposal is acceptable to the City. If you have any questions, please contact me; otherwise, please initiate the'appropriate contract amendment procedure. . • Sincerely A, / Charles D. Liddy, Jr., A IA, Ns AR Principal Enclosures Copy Mark Miller, MDA (U:\EP\EP0301\Documentation\B-Owner\B1 Owner Correspondence\AddFee-Itrl.doc)