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Home My WebLink AboutCity Council - 09/04/2007 AGENDA CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY, SEPTEMBER 4, 2007 CITY CENTER 4:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson BUDGET ADVISORY COMMISSION: Kathy Kardell, Chair; Don Uram, Vice Chair; Commissioners Mark Kantor, Richard King, Jon Muilenburg, Richard Proops, Gwen Schultz CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. 2008-2009 BUDGET A. BUDGET ADVISORY COMMISSION PRESENTATION/DISCUSSION B. CITY COUNCIL DISCUSSION Council Chamber II. OPEN FORUM A. HISTORIC PRESERVATION 1. Historical Society 2. Eden Prairie Students 3. John Whaley B. HAROLD MASSEY—BUDGET C. ABDULLAHI HASSAN—COMMUNITY ISSUE D. RON CASE—BUDGET E. JENNIFER URBANSKI—BUDGET F. JODY RUSSELL—DUNN BROS.AND BUDGET G. TRANG NGUYEN—BUDGET H. RUKIA ABDI-BUDGET III. OPEN PODIUM IV. ADJOURNMENT AGENDA BUDGET ADVISORY COMMISSION TUESDAY, SEPTEMBER 4, 2007 CITY CENTER 4:00 P.M., HERITAGE ROOM II BUDGET ADVISORY COMMISSION: Kathy Kardell, Chair; Don Uram, Vice Chair; Commissioners Mark Kantor, Richard King, Jon Muilenburg, Richard Proops, Gwen Schultz A. WELCOME AND INTRODUCTION (VICE CHAIR DON URAM) B. SUMMARY OF AGREED UPON RECOMMENDATIONS (VICE CHAIR DON URAM) C. RECOMMENDATIONS FOR DISCUSSION 1. WAGES & BENEFITS (RICK KING) 2. COMBINING THE COMMUNITY CENTERS (DICK PROOPS) 3. HOUSING & COMMUNITY SERVICES (DICK PROOPS) 4. HERITAGE PRESERVATION 5. MAJOR CENTER AREA STREETSCAPE WAYFINDING 6. CAPITAL IMPROVEMENT FUND (JON MUILENBURG) D. SUMMARY AND CONCLUSION AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 4, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL/ CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON MAY 15, 2007 III. ADOPT RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE HRA AND WINDSOR PLAZA,LLC RELATING TO TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT LOCATED WITHIN REDEVELOPMENT PROJECT AREA NO. 6 AND AUTHORIZE THE CHAIRPERSON AND EXECUTIVE DIRECTOR TO EXECUTE THE DEVELOPMENT AGREEMENT ON BEHALF OF THE HRA IV. ADOPT RESOLUTION APPROVING THE PROPOSED 2008 HRA PROPERTY TAX LEVY AND ACCEPTING A PROPOSED HRA BUDGET FOR GENERAL OPERATIONS V. ADJOURNMENT ITEM NO.: HRA II. UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, MAY 15, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Young called the meeting to order at 7:05 p.m. in shared session with the Council meeting. II. APPROVE MINUTES OF HRA MEETING HELD ON APRIL 17, 2007 MOTION: Duckstad moved, seconded by Nelson, to approve the minutes of the HRA meeting held on April 17, 2007 as published. Motion carried 5-0. III. RESOLUTION HRA 2007-02 RELATING TO $1,660,000 PUBLIC FACILITY LEASE REVENUE BONDS, SERIES 2007a; AUTHORIZING ISSUANCE, AWARDING SALE AND PRESCRIBING THE FORM THEREOF AND AUTHORIZING EXECUTION OF A TRUST INDENTURE AND A LEASE- PURCHASE AGREEMENT Neal said this is a resolution authorizing the issuance of$1,660,000 in public facility lease revenue bonds Series 2007a, the proceeds of which will be used to finance part of the Community Center, specifically the ice arena bonds. He said the bonds will be supported by ice arena revenues. Paul Donna, of Northland Securities, distributed a tabulation of the bids received for the bond issue and reviewed the rating process for the bonds. He noted they were disappointed to receive only two bids; however, the results were very close to the estimates for the financing, and there was a lot of competition this week including the Hennepin County sales tax bonds for the stadium. He said the D.A. Davidson bid was 4.37% fixed rate and included a premium bid by them that was used to reduce the total borrowing to $1,630,000. The City received an AA1 credit rating for these bonds because of the nature of financing and an assessment of the overall essential nature of the asset being financed. He said this compares favorably with the AAA rating for the City's General Obligation bonds, and the difference between the two ratings is negligible in terms of interest rates. Duckstad asked Mr. Donna to explain the term"nature of the financing. Donna said, when a rating agency evaluates the credit worthiness of a community, they look at the overall economics and demographics of the community, the overall financial situation and the overall management. A lease purchase financing contains an additional element of risk since it certifies on an annual basis the lease payment to make the debt service payment CITY COUNCIL MINUTES May 1,2007 Page 2 rather than having a certified debt levy over a period of 20 years. Duckstad asked why there were only two bids. Donna said they checked to see why there were no more bids. One of the companies they called said they did not bid because it was a relatively small issue,because of all the competition on the bond market this week, and because of competition from one particular bidder. Another firm said they did not have time to work up a bid. Rosow pointed out that the lease agreement attached to the Resolution on Exhibit B describes the project as 100 feet by 200 feet, and it should be described as 100 feet by 300 feet. He said that change will be made on this document and on the documents to be approved by the Council. MOTION: Duckstad moved, seconded by Butcher, to adopt Resolution HRA 2007-02 Authorizing the Issuance of$1,660,000 Public Facility Lease Revenue Bonds; Authorizing the Issuance, Awarding the Sale, and Prescribing the Form Thereof and Authorizing the Execution of a Trust Indenture and a Lease-Purchase Agreement. AMENDMENT TO THE MOTION: Duckstad moved, seconded by Butcher, to amend the motion to $1,630,000. Motion carried 5-0. VOTE ON THE MOTION AS AMENDED: Motion carried 5-0. IV. ADJOURNMENT MOTION: Duckstad moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Chair Young adjourned the meeting at 7:15 p.m. HRA AGENDA DATE: September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.HRA III Community Development: Tax Increment Financing (TIF)Agreement Janet Jeremiah Town Center Phase I—Windsor Plaza David Lindahl Project Area#5 & TIF District#21 Requested Action: Move to: • Adopt resolution approving a development agreement between the HRA and Windsor Plaza, LLC relating to Town Center Phase One Tax Increment Financing District#21 located within redevelopment project area No. 6 and authorize the Chairperson and Executive director to execute the development agreement on behalf of the HRA. Synopsis: The TIF Redevelopment District for Town Center Phase I—Windsor Plaza was approved by the City Council December 19, 2007. The enclosed agreement outlines all the terms and conditions of the TIF plan, including the following key points: • Provided the project continues to qualify- $4.5 million in TIF will be provided to the project over the next 25 years. • TIF funds will help defray costs associated with the redevelopment including structured parking, building demolition, and land-write down. • There are significant look-back provisions that require the developer/owner(Solomon Group)to reimbursement TIF funds to the City if the project performs better than expected and/or if it is sold for a considerable profit. • The developer also agrees to participate in a"Special Services District that the City may establish in order to pay costs related to the development of a Town Square. Background: Windsor Plaza is a proposed redevelopment of three properties totaling 4.19 acres located at 11995 Flying Cloud Drive, 8140 Flying Cloud Drive,and 8110 Eden Road.A fourth parcel planned for redevelopment and included in the TIF District is Randy's Bobby& Steve's Auto World located at 8100 Flying Cloud Drive. This parcel, which is almost an acre size, has separate ownership from Windsor Plaza but is part of the overall redevelopment master plan and TIF District. This project will be developed separately from Windsor Plaza by Randy's Bobby and Steve's ownership group. The Windsor Plaza redevelopment includes plans for a 139,000 square foot vertically integrated mixed-use office, retail, and restaurant development with an expected cost of about $38,000,000. The project includes a 5-story Class A office building with about 20,000 square feet of ground level retail, two restaurants and a significant amount of structured parking(437 spaces). The project is being designed to fit into the City's town center master plan with vertical integration and a structured parking ramp that can be expanded later if and when the Wal-Mart site redevelops. Solomon is representing that there is a$4.5 million financial gap with the proposed redevelopment and that it cannot proceed as planned without TIF assistance. The City retained Ehlers and Associates to perform a complete financial review of the proposed redevelopment and has determined that based on the information provided a financial gap does exist. According to Solomon, that financing issues exist for the following reasons: • Structured parking. The density of the development requires a significant amount of structured parking which is expected to cost$15,000 per stall. • There are additional costs for the ramp to accommodate another level of parking that could be added later if needed-when the Wal-Mart area redevelops. • The property assemblage costs were high-partly due to inflated offers provided by other developers. • Demolition and environmental cleanup costs are expected to be high. • Without TIF, a reasonable financial return is not possible and therefore the redevelopment would not proceed. Key recommendations from Ehlers that formed the basis for establishing the Redevelopment District in December were as follows: 1. Create a"pay as you go Redevelopment Tax Increment Financing District with a maximum term of 25 years. 2. Provide up to a maximum of$4,500,000 in TIF assistance for the following qualified costs: • Land Write Down $2,700,000 • Parking $1,500,000 • Demolition $ 300,000 3. The annual amount of the tax increment paid to the developer be 90% of annual receipts. Staff also recommends requiring"Look Back provisions in the fmal agreement so that if the Windsor Plaza project costs, lease rates, interest rates, or overall returns are greater then projected in the financing analysis, the amount of tax increment will be reduced. Eighteen months after occupancy permits are released the owners are required to submit audited project financials with a"Cash on Cost analysis. If the "Cash on Costs percentage is less than 9%the owners will continue to receive TIF payments and no reimbursements will be required. If they are between 9-12%, future TIF payments will be reduced by 50%. If the Cash on Cost percentage is greater than 12%, no more TIF will be provided and any prior payments will be returned to the City. Also, if the project is sold the owners must submit an Internal Rate of Return (IRR) analysis and if the return is less than 14% -no reimbursement is required. Returns between 14-18%require that 25% of TIF received to date be reimbursed to the City; a return between 18-22%requires a 50% reimbursement; returns between 22-26% a 75%reimbursement; and returns of more than 26%require 100%reimbursement of all TIF received. Attachments: Resolution TIF Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A.RESOLUTION NO. 2007- RESOLUTION APPROVING A DEVELOPMENT AGREEMENT RELATING TO TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT NO. 21 LOCATED WITHIN REDEVELOPMENT PROJECT AREA NO. 6 BE IT RESOLVED by the Board of Commissioners (the "Board ) of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority ), as follows: Section 1. Recitals. 1.01. On December 19, 2007 the Authority adopted a modification to the Redevelopment Plan for Redevelopment Project Area No. 6, established Town Center Phase One Tax Increment Financing District Tax Number 21 and adopted a Tax Increment Plan (the "TIF Plan ) therefore, all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.174 to 469.1799, all inclusive, as amended. 1.02 The Authority is now presented for consideration and approval a Development Agreement between the Authority and Windsor Plaza, LLC (the "Development Agreement ) as contemplated by the TIF Plan. Section 2. Approval of Development Agreement 2.01 The Authority hereby approves the Development Agreement between the Authority and Windsor Plaza, LLC in substantially the form presented to and on file with the Authority and authorize the Chairperson and Executive Director to execute the Development Agreement in the name of the Authority. Adopted by the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, this 4th day of September, 2007. Phil Young, Chairperson ATTEST: Scott H. Neal, Executive Director HOUSING AND REDEVELOPMENT AUTHORITY DATE: AGENDA September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: HRA IV. Office of the City Manager/ Resolution approving proposed 2008 HRA Finance, Sue Kotchevar property tax levy and accepting the proposed 2008 budget Requested Action Move to: Adopt the resolution to approve the proposed 2008 property tax levy to be $200,000 and accept the proposed 2008 budget of$200,000. Background Information Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0144 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is approximately$1.3 million. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A.RESOLUTION NO. 2007- A RESOLUTION APPROVING THE HRA PROPOSED 2008 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2008 budget and tax levy; and WHEREAS,the Housing and Redevelopment Authority has decided to accept these recommendations at this time. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2008 budget contingent upon City Council approval. Levy on Tax Capacity $200,000 The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2008. 2. Approves the 2008 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on September 4, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the Eden Prairie American Legion Baseball team was the 2007 National Runner-up in the World Series held in Bartlesville, Oklahoma; and WHEREAS, the Eden Prairie American Legion Baseball team is the first team in Eden Prairie history to make it to this level at the World Series; and WHEREAS, the Eden Prairie American Legion Baseball team won the 2007 Division 1 Minnesota State Title for an unprecedented 4th year in a row; and WHEREAS, the Eden Prairie American Legion Baseball team won the Central Plains Region title; and WHEREAS, the Eden Prairie American Legion Baseball team members were excellent ambassadors for the City of Eden Prairie on and off the playing field. NOW, THEREFORE, BE IT PROCLAIMED THAT the City of Eden Prairie recognizes the outstanding achievement of the Eden Prairie American Legion Baseball Team. ADOPTED by the Eden Prairie City Council on this 4th day of September 2007. -VDS Phil Young, yor on behalf of Council Members: Brad Aho Sherry Butcher Kathy Nelson Jon Duckstad AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 4, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 21, 2007 B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 21, 2007 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SENIOR ADVISORY COUNCIL VIII. CONSENT CALENDAR A. WINDSOR PLAZA Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 4.44 acres, Zoning District Change from Rural, Commercial Regional Service and Office to Commercial Regional Service on 4.44 acres, Site Plan Review on 4.44 acres. Location: West of Flying Cloud Drive, south of Singletree Lane, north of Regional Center Road. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) B. ADOPT RESOLUTION APPROVING FINAL PLAT OF WINDSOR PLAZA C. APPROVE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND RANDY'S BOBBY & STEVE'S AUTOWORLD D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO OFF-STREET PARKING AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION CITY COUNCIL AGENDA September 4, 2007 Page 2 E. ADOPT RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY EASEMENT AND SLOPE EASEMENT OVER PART OF EDEN ROAD, VACATION 07-03 F. APPLICATION FOR WINTER USE OF LRT TRAIL G. ADOPT RESOLUTION AMENDING RESOLUTION 2007-14 BY AMENDING MEETING DATES FOR HUMAN RIGHTS AND DIVERSITY COMMISSION FOR 2007 H. ADOPT RESOLUTION AUTHORIZING EXECUTION OF THE 2007 CDBG SUBRECIPIENT AGREEMENTS I. APPROVE AGREEMENT WITH T-MOBILE CENTRAL LLC FOR CELL TOWER RENTAL AT 9325 DELL ROAD J. APPROVE AGREEMENT WITH T-MOBILE CENTRAL LLC FOR CELL TOWER RENTAL AT 13900 HOLLY ROAD IX. PUBLIC HEARINGS/MEETINGS A. OAK CREEK AT HENNEPIN VILLAGE Request for: Guide Plan Change from Public Open Space to Medium Density Residential on 1.3 acres and from Medium Density Residential to Public Open Space on 1.6 acres, Planned Unit Development Concept Review on 73.8 acres, Planned Unit Development District Review on 73.8 acres, Zoning District Change from Rural to R1-9.5 on 21.54 acres and from Rural to R1-13.5 on 1.8 acres, and Preliminary Plat of 73.8 acres into 109 lots and six outlots. Location: Eden Prairie Road. (Resolution for Guide Plan Change; Resolution for Planned Unit Development Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution for Preliminary Plat) B. WILLIAM SMALL PROPERTY Request for: Zoning District Change from Rural to R1-13.5 on 5.01 acres, and Preliminary Plat of 5.01 acres into 9 lots and road right- of-way. Location: Southwest corner of Eden Prairie Road And Beverly Drive. (Ordinance for Zoning District Change; Resolution for Preliminary Plat) C. LIBERTY PLAZA Request for: Guide Plan Change from Industrial to Office on 17.31 acres, Planned Unit Development Concept Review on 47.65 acres,Planned Unit Development District Review with waivers on 47.65 acres,Zoning District Amendment within the I-2 Zoning District on 30.34 acres, Zoning District Change from Rural and I-2 to Office on 17.31 acres, Site Plan Review on 17.31 acres and Preliminary Plat of 47.65 acres into two lots and road right-of-way. Location: 7075 Flying Cloud Drive. (Resolution for Guide Plan Change; Resolution for Planned Unit Development Concept Review; Ordinance for PUD District Review and Zoning District Amendment; Resolution for Preliminary Plat) CITY COUNCIL AGENDA September 4, 2007 Page 3 X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Certification of Proposed Tax Levy(Resolution) C. REPORT OF COMMUNITY DEVELOPMENT 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 ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY,AUGUST 21, 2007 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson BUDGET ADVISORY COMMISSION: Katherine Kardell, Chair; Don Uram Vice Chair; Commission Members Richard King, Mark Kantor, Dick Proops, Gwen Schultz, Jon Muilenberg CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. 2008-2009 BUDGET City Manager Scott Neal reviewed the budget process to date. He noted this is the first time Council Members are hearing the City Manager's budget. Neal said the level of detail will be narrowed as the City Council moves through budget discussions this fall. Neal and Finance Manager Sue Kotchevar presented a PowerPoint on the proposed budget. The proposed timeline is: • September 4—City Council Budget Workshop, certification of the preliminary levy and adoption of the preliminary budget • October/November—Preparation of final budget • November 13 —Budget Workshop • November 27—Town Hall Meeting • December 3 —Truth-in-Taxation Hearing • December 18 Certification of final levy and adoption of the budget Goals and priorities used to prepare the budget fall into three categories: serving the public, running the business, and managing resources. Neal said questions key to preparing a budget were: • What is the proper role of government? • How can goals and plans be balanced with resources? • When resources are limited, how do you decide what to do and what not to do? Neal said staff requested a budget of$37,100,818 for 2008 (Version 1). The City Manager then recommended a budget of$36,114,862 (Version 2,based on Budget Advisory Commission input), which represents a decrease of$985,956. Budget Version 1 showed an increase in general fund expenditures of 9.3%, a tax impact on the median value home of 6.1%, and a$65 increase in city tax for the median value home. Budget Version 2 shows an increase in general fund expenditures of 6.1%, a tax impact on the median value home of 2.7% and a$30 increase in city tax on the median value home. Neal noted that Version 2 still shows a 6 percent increase in spending over 2007. Neal said he analyzed the budget in terms of three major areas: • Core Mission—Includes public health and safety, environmental protection, mobility, and real estate values • Supplemental Mission—Includes the cemetery, community center, community services, economic development, housing, immigrant services, liquor stores,public safety programming, recreation programming, senior center and social services outsourcing • Mission Support Services—Includes administration, assessing, communications, facilities, finance, fleet, human resources, information technology Neal said he developed this list of functions, and Council will have the opportunity to discuss and refine the list. Neal said the strategy he used to trim the budget involved sharpening focus and limiting growth in the scope of Core Mission operations; decreasing the scope and size of Supplementary Mission operations; and limiting growth in scope and size of Mission Support operations. Reductions Sharpening focus and limiting growth of core mission services involves several staff reductions. Reductions of 1.0 FTE in Public Works and 1.0 FTE in Building Inspections are anticipated through attrition. The proposed addition of 1.0 FTE in the Fire Department would be eliminated. Decreasing the scope and size of supplemental mission services would be achieved by reducing the FTE headcount in Housing and Community services from 3.5 FTE to 1.5 in 2008. Outsourced human services grants would be reduced from$199,000 in 2007 to $140,000 in 2008 and$125,000 in 2009. Recreation Services' FTE headcount would be reduced by 1.0 in 2008. Restriction of growth in scope and size of mission support services would be achieved by eliminating the proposed increase of 1.5 FTE in Communications. A reduction of 1.0 FTE in Finance in 2009 and 1.0 FTE in Fleet Services would be achieved through attrition. Growth The addition of 1.0 FTE in Police in 2008 is proposed as part of the focus on Core Mission. Addition of 1.0 FTE to the Community Center and an additional $800,000 in new operational expenses at the Community Center are included in support of the Supplemental Mission. IT would also gain 1.0 FTE as part of Mission Support. The net result of the proposed reductions and growth in headcounts would be a reduction from 277.35 FTE in 2007 to 275.55 in 2008, and 273.55 in 2009. Neal said there are three main ways to view tax impacts and burdens: 1) general fund expenditures, 2)tax levy (total and net) and 3)property tax impact (median single family home or MSFH). Neal said the goals and targets for budget Version 2 are: 1. Goal: Limit rate of growth of total general fund expenditures to 10% or less in the 2008-2009 budget Version 2 budget shows a 6.3 percent increase in 2008 and 3.3 percent increase in 2009 2. Goal: Limit the rate of growth of the total tax levy to 5% or less in each year of the 2008-2009 budget Version 2 budget shows a 4.7 percent increase in 2008 and a 1.9 percent increase in 2009 3. Limit the rate of growth of the City property tax impact on the MSFH to 2% or less in each year of the 2008-2009 budget cycle Version 2 budget shows 2.77 percent increase in 2008 and<2.00 percent estimated increase in 2009 Finance Manager Sue Kotchevar reviewed tables showing projected general fund revenues and expenditures for 2008 and 2009, CIP expenditures and funding sources, the Capital Improvement Fund, debt levy summary, tax levy summary,preliminary estimated 2008 City tax impact, utilities funds, storm drainage fund, utility fees, and liquor store revenues. Council Discussion Council Member Nelson said she had a number of questions regarding the proposed Housing&Community Service reductions. She said there have been no discussions at the Council level about the need to make such deep cuts. She said she has heard from numerous people against making the cuts. She asked why Housing& Community Services is the only department to have cuts this deep. She asked what will happen to the City's HUD program if the staff member with this expertise is cut. Nelson also said the $800,000 for the Community Center does not make sense to her. She suggested taking a closer look at the Parks budget. Council Member Butcher said she would like to hear what each Council Member has to say about the proposed budget. She suggested devoting the next Workshop to the budget and starting earlier than usual to allow more time for discussion. Mayor Young said the September 4 Workshop has been reserved for budget discussion. He said he would also like the Budget Advisory Commission to have time to present their recommendations. Young said there is plenty of time to discuss the budget since final approval is not required until December. Butcher said she is concerned with timing because the preliminary levy needs to be approved by the City Council on September 4. Young said he has no problem setting a not-to-exceed levy above that recommended in budget Version 2. Nelson said she is comfortable setting a cap high enough to accommodate whatever Council may decide to do with the budget. Young said he does not have a specific number in mind,but perhaps they should use the number from budget Version 1. Neal explained the Budget Advisory Commission (BAC)process, and noted the many hours they put in to produce their recommendations. Neal said the final BAC report includes the BAC recommendations, how the individual members voted on the recommendations, and the City Manager's responses to the recommendations. Council will have time this fall to review the recommendations and explore how implementation would impact the budget. Neal said the recommendation to explore closing the Senior Center and combining functions with the Community Center requires a more timely decision, since construction is well under way at the Community Center. BAC member Dick Proops said the only information available on Housing&Community Services is facts on costs. He said the rest is opinion. He said the missing piece is knowledge of what is actually happening. He said tonight is the first he has heard of concerns about the HUD program. He said he needs more information on where the money is going. He said the BAC did not have the opportunity to dig and see what is really going on, and the BAC missed a whole level of detail due to lack of time and learning. He said wage increases really comes down to philosophy. He said he realizes combining the CIP and Economic Development Fund is a controversial suggestion,but thinks Council should be able to agree on the rest of the recommendations. BAC member Don Uram noted that he and Gwen Schultz did not have the opportunity to vote on the BAC recommendations because they missed the last meeting of the group. Council Member Duckstad said Proops' comments were helpful, and there are a lot of good ideas in the BAC report for Council to assess. He said the sooner they start these discussions, the better. Young thanked the Budget Advisory Commission for all of the time and hard work they put in on their report. Council Chamber II. OPEN FORUM A. Cari Maguire -Budget Maguire said she has formed a group of residents working against the proposed cuts to Housing and Community Services. She said there are both moral and practical reasons not to make the proposed cuts. She said she is deeply morally offended that a City full of affluence and abundance would cut services to those who need help. She asked why the proposed Housing and Human Services cuts are not proportionate to other cuts. B. Nanette Missaghi—Budget Missaghi spoke against the proposed Housing and Human Services cuts. She said Eden Prairie is#1 because of the decisions made by previous Councils. She does not feel the need to compare our human services funding to that of other communities. She asked the Council to look through the lens of equity when making their budget decisions. C. Jennifer Huelskoetter—Storm Debris Huelskoetter said she is dismayed at the City's refusal to pick up storm debris from private property after the August 11 storm. She asked Council to reconsider the decision. D. Mohamed Ahmed—Budget Ahmed said he is an Eden Prairie resident. He has four children and is happy to live in Eden Prairie. He said he is thankful to America for giving refugees like himself their lives. He is a member of the Somali Parents Group, which recently met with Mayor Young and City Manager Scott Neal. He said Eden Prairie has the third largest refugee population in Minnesota. Some of these refugees have not had the opportunity to read and write in their own languages, let alone in English. He said Somalis will not feel welcome here if the proposed cuts to Housing and Community Services are made. E. Rukia Abdi—Budget Abdi said she has attended Eden Prairie High School for three years. She said the proposed cuts to Housing and Community Services would negatively impact many immigrant students. F. Sandra Moran—Budget Moran asked Council not to make the proposed cuts to Housing and Community Services. She said the cuts would negatively impact the Human Rights and Diversity Commission. She personally knows many residents who need the services currently provided by the City. G. Steve Schewe -Budget Schewe asked Council to consider three things: 1. The proposed cuts to Housing and Community Services seem disproportionate 2. The cuts could be viewed as institutional racism 3. Eden Prairie is a top community because of the types of programs offered through Housing and Community Services He urged Council to get more community input before making any final decisions. H. Marcy Harris—Budget Harris said one of the main attractions of Eden Prairie is that it is a caring community. She believes that the community should help those who are vulnerable. I. Cecilia Howard-Budget Howard said she has lived in Eden Prairie for 16 years. She said if the proposed cuts are made to the budget, Eden Prairie will no longer be a community where everyone can live, work and dream. III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 21, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:05 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Nelson added Item XIV.A.1. Storm-Related Issue. MOTION: Aho moved, seconded by Duckstad, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 7, 2007 Young said the name in Page 2, Paragraph 4, Sentence 2 was incorrect and should be changed to"...Joe Harris, Manager of the Anoka and Flying Cloud Airports.... MOTION: Duckstad moved, seconded by Nelson, to approve the minutes of the Council Meeting held Tuesday, August 7, 2007, as published and amended. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE FILING A DECLARATION OF RESTRICTIONS AND COVENANTS FOR A CITY-OWNED OUTLOT WITHIN THE POINTE ON LAKE RILEY DEVELOPMENT CITY COUNCIL MINUTES August 21,2007 Page 2 C. APPROVE SUBMITTAL OF A FINAL DRAFT OF THE PHASE II NONDEGRADATION REPORT TO THE MINNESOTA POLLUTION CONTROL AGENCY FOR REVIEW AND APPROVAL, I.C. 02-5585 D. APPROVE PROPERTY DISPOSITION SERVICES AGREEMENT WITH PROPERTYROOM.COM TO MANAGE DISPOSAL OF ABANDONED, SEIZED AND OBSOLETE CITY PROPERTY E. AUTHORIZE ISSUANCE OF A GRADING PERMIT FOR A TEMPORARY MATERIAL STOCKPILE TO BAINEY GROUP FOR THE LIBERTY PLAZA PROJECT F. APPROVE PURCHASE OF ONE NEW TOP MOUNT RESCUE PUMPER (FIRE TRUCK) FROM E-ONE MANUFACTURING MOTION: Butcher moved, seconded by Aho, to approve Items A-F of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF A HIGHWAY EASEMENT AND A SLOPE EASEMENT OVER PART OF LOT 16,AUDITOR'S SUBDIVISION NO.335, VACATION 07-06 (Resolution 2007-86) Neal said official notice of this public hearing was published in the August 2, 2007, Eden Prairie Sun Current and sent to four property owners. The property owner has requested the vacation of a highway easement and a slope easement to facilitate the proposed Windsor Plaza development plan. City and MnDOT staff have reviewed the easements and concluded they have no residual public benefit. The requested vacation will remove the underlying encumbrance consisting of a highway easement and a slope easement for a portion of Lot 16, Auditor's Subdivision No. 335 to accommodate the Windsor Plaza development project. The Windsor Plaza project consists of a mixed use office, retail and restaurant uses. Dietz noted this would be considered a housekeeping item because the easements are no longer needed. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing and to adopt Resolution 2007-86 vacating a highway easement and a slope easement over part of Lot 16, Auditor's Subdivision No. 335. Motion carried 5-0. B. VACATION OF DRAINAGE AND UTILITY EASEMENTS FOR LOTS 1 & 2,ALM EDEN HEIGHTS ADDITION,VACATION 07-07 (Resolution 2007- E1 Neal said official notice of this public hearing was published in the August 2, 2007, Eden Prairie Sun Current and sent to three property owners. The property owners have requested the vacation of the drainage and utility easements to facilitate the CITY COUNCIL MINUTES August 21,2007 Page 3 development of the Whispering Ridge project approved by Council on April 17, 2007. The drainage and utility easements were originally dedicated with the Alm Eden Heights Addition and a separate drainage and utility easement was originally dedicated to cover a sanitary sewer line serving an existing home. The sanitary sewer line has been removed to allow redevelopment of the lot and the existing home is being served by a new public sanitary sewer line covered by a new easement. The Alm Eden Heights Addition has been replatted and new drainage and utility easements have been dedicated with the Whispering Ridge project. There were no comments from the audience. MOTION: Duckstad moved, seconded by Nelson, to close the Public Hearing and to adopt Resolution 2007-87 vacating all the drainage and utility Easements over, under and across Lot 1 and Lot 2, Block 1, Alm Eden Heights Addition and(a) certain drainage and utility easement which was filed with the Office of the Registrar of Titles, Hennepin County, State of Minnesota on December 17, 2002, as Document Number 3647453. Motion carried 5-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO OFF-STREET PARKING SPACE REQUIREMENTS FOR RESTAURANTS,RETAIL STORES AND SHOPS Neal said official notice of this public hearing was published in the August 9, 2007, Eden Prairie Sun Current. The existing parking requirement for restaurants is one stall to three seats (1/3). The recommended parking requirements for restaurants are as follows: "Restaurant Type 1"-1/2.5 seats based on capacity(for example, McDonald's) "Restaurant Type 2"—1/3 seats based on capacity(for example, Bakers Square) "Restaurant Type 3"—1/2 seats based on capacity (for example, Redstone) The existing parking requirement for retail stores and shops is 6/1,000 of Gross Floor Area (GFA). The recommended parking requirement for retail stores and shops is: "Retail Stores and Shops—5/1000 sq. ft. GFA Reduced parking could provide room on sites for rainwater gardens, trails or sidewalks,public gathering spaces or public art. It could also provide room for additional development. Neal said on October 20, 2006 the staff presented a preliminary parking study to the Planning Commission that suggested potential changes to retail and restaurant parking requirements based on research involving other communities, the Urban Land Institute, the Institute of Traffic Engineers, the American Planning Association and local field observations. The data collected at that time suggested less parking for general retail at 5/1000 square feet and more parking for restaurant between 1 space/3 seats to 1 space/2 seats. On July 23, 2007, the Planning Commission reviewed a fmal parking study based on field observations during the holiday season which supported the preliminary CITY COUNCIL MINUTES August 21,2007 Page 4 findings that parking requirements for restaurants should be based on type and general retail parking could be reduced to 5/1000 GFA. The Planning Commission voted 8-0 to recommend approval of the changes to retail and restaurant parking requirements. Jeremiah said we have been hearing for some time from the development community that we are over-parked with regard to our retail standards and under- parked with regard to our restaurant standards. We had the opportunity to get some inexpensive research done by a Community Development intern over the last two summers that allowed us to complete field counts and helped us determine we are out of synch with what other cities are doing. She said the change will allow more environmental amenities on the sites and will reduce the amount of impervious surfaces. There were no comments from the audience. MOTION: Butcher moved, seconded by Duckstad, to close the Public Hearing and to approve 1st Reading of an Ordinance Amending City Code Chapter 11 by adding new definitions to Section 11.02; amending parts of Section 11.03, Subd. 3, H4.e. relating to off-street parking space requirements for restaurants, retail stores and shops; and adopting by reference City Code Chapter 1 and Section 11.99 which, among other things, contains penalty provisions. Nelson said she concurs with the restaurant recommendations,but there are areas of the retail recommendation she questions, especially regarding parking during the holiday season. She asked if this means there would be more potential development at the Mall for the stores to expand or for the median areas. Jeremiah said it could lead to the opportunity for some additional development in the future if there is, for example, redevelopment at the Mall. We are cognizant of the proximity issue and would take those things into consideration for any proposal. Nelson noted that Sears parks a large number of service trucks overnight at the Mall, and she asked if such service parking would be taken into account for their parking count. Jeremiah said the spaces have to be available to the general public, so if they are used for storage or other long-term use, they would not be counted as available spaces. Butcher commended the research on this, noting it is "thinking outside the box. She thanked Ms Jeremiah and the Community Development intern for their work. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote,with Aho, Butcher,Duckstad, Nelson and Young voting "aye." CITY COUNCIL MINUTES August 21,2007 Page 5 Nelson noted she asked a question at the last meeting about one particular issue and received a very logical explanation. She would like to share that explanation with the public. Neal said the item in question was for approximately$59,000 and was listed as lighting at the dog park. Staff investigated the item and found that what is printed in the accounts payable information in the Council packet is a summarized version of several bills. The item included a$57,000 monthly charge for street lighting in the total amount of $59,000. The charge of approximately$20 for lighting at the dog park happened to be the last item in the sequence and that was picked up by the software and printed in the Business Unit column of the Payment of Claims list. XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. CONSERVATION COMMISSION VICE CHAIR Neal said the resignation of David Seymour in June 2007 left the Conservation Commission without a Vice-Chair through March 2008. He said the nominee is Laura Jester, one of the new members on the commission. She is recommended by Chair Chacko and Staff Liaison Stovring. MOTION: Aho moved, seconded by Nelson, to appoint Laura Jester as the Vice- Chair of the Conservation Commission. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Storm-Related Issue—Nelson Nelson said one of the speakers during tonight's Open Podium brought up the problem of the Hidden Oaks neighborhood and one of the circles across Anderson Lakes Parkway that were particularly hard hit during the first of the three recent storms. Those areas lost hundreds of trees,but the storm damage city-wide was not enough to call an overall emergency. She said she understood we have asked Three Rivers Parks District to help remove fallen trees from their land near these residential areas. Nelson thought this brings up a larger question whether we need to add something to our Emergency Management Plan for an individual neighborhood that exceeds a certain level of destruction. She thought we need to have some standards to apply to a situation in an individual neighborhood by which we could determine if we would provide City services to that area. She thought the Emergency Management Policy staff might be able to draft a policy we could review to deal with this in future situations,but we also need to discuss whether we want to do anything specific for the people in these areas. She thought we have a bit of money in CITY COUNCIL MINUTES August 21,2007 Page 6 the Social Services area if the family would qualify, but a number of people in this neighborhood might not qualify financially for those funds since these are fairly large homes. She thought we should be able to do something for these people. Young said he didn't know how such a policy would be drafted. He asked Mr. Neal if, under these circumstances, the City Manager would have the authority to decide to make City resources available. Neal responded that under the current policy the City Council would declare a storm emergency. As the City Manager he would have the discretion to determine if it is not a City-wide storm emergency unless and until that decision was countered by the City Council. Young said it is okay to take a look at this issue,but it is important to be careful about limiting discretion. We have an alternative possibility because we can call a special meeting of the City Council to make services available. Nelson said her understanding was the policy required a city-wide declaration and this situation was not city-wide. This particular neighborhood was hit above and beyond the rest of the City. The question is should we define a certain level of damage that would have to occur in an individual neighborhood in order to call that kind of an emergency. Young said he didn't read the policy to require a city-wide declaration. He thought we could declare a partial emergency and use resources in a specific neighborhood if we wanted to. Neal said we could do that, and noted the policy approved in 1996 was after a much larger storm. The question the City Council was debating at that time was how much work we should do on private property for private homeowners. He thought our policy is in line with several other cities, although there are some cities that chose a more liberal policy. He said there is some concern about spending public funds for use on private property. Nelson thought we are only talking about picking up debris from the curbside and not other services. She thought there needs to be a policy that sets a certain level of damage involved before individual situations would be considered. Aho said he has an issue with defming what level of response we need to take after damage occurs and he was not sure how we would determine the amount of damage that would warrant that kind of response. He thought we have to do it on a case by case basis, and we have the tools we need to do that now. He noted he drove through Hidden Oaks and most of the damage has been dealt with. There were branches and debris on the curbside, and he thought the City would have had to come through with a shredder in order to get rid of it all. He didn't know if picking it up or shredding it would help that much because the majority of the cost is in getting the tree cut down. CITY COUNCIL MINUTES August 21,2007 Page 7 Duckstad asked if it was also a factor to consider that Eden Prairie possesses a great deal of public property and when storms like this hit, we have our hands full taking care of our own public property needs. Neal said that is true for the City and is also true for Three Rivers Parks District. We have similar responsibilities to remove fallen trees from public property and we also must scan the property to see if there are loose limbs above that need to be taken down before they drop. Butcher said she heard about the extensive damage in our parks. She asked what we do about that damage and what the overall cost associated with that is. Neal said we are still pulling that information together. A number of people started work over the weekend and began to supervise the temporary disposal site we set up. Staff will pull the information together so we can see the cost of maintaining our own property after a localized storm. Butcher thought if the City has to deal with so much damage on public property it could be overwhelming if we also help individual property owners. She heard the frustration from the residents but she wasn't sure how to deal with it except by having such a general policy. Our policy is so general that any future City Councils could weigh it against the damage that occurred. She also would not want to tie our hands. Nelson said she thought it was important to at least discuss the issue. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT 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 MOTION: Duckstad moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 7:35 p.m. Eden Prairie Senior Center Advisory Council Advisory Council Sharon Steiner, Chair Jackie Tornoe, Vice Chair ,off r2 ia Sue Bino, Treasurer _ 411m, Charlotte Bruening, Secretary ,,riir = John Dollerschell -- , ,a Russ Hanson V -- Nancy Thompson sol j4 im Tucker i k iii h i J .., , • Gordon Williams Senior Advisory Membership Consists of nine members Two year term is served Membership on the Council is open to Eden Prairie residents (50 and older) Terms of office: Feb. 1 -Jan. 31 Senior Center staff serve as liaison Meetings held monthly Mission Statement To provide for the social, recreational, educational and physical needs of older adults To enhance the visibility of older adults To promote older adult participation in all aspects of community life Senior Advisory Purpose To advise, consult with or make recommendations on adult and senior adult programs and services To assist with the development, promotion and implementation of appropriate programs To provide financial assistance per program cost or individual participant need To assist in recruiting volunteers Senior Advisory Duties Assist in surveying program needs Evaluate the programming to insure quality Make recommendations for initiation and development of new programs Advocates in promotion of senior center, programs and services Develop financial plans controlled by Senior Advisory Board Donation Opportunities Bread Day Greeting Cards Coffee General Donations Memorials 04•Lt .114111111 Individual Contributions - Special Designated Funds Funds: $10,000 Assist with cost recovery with senior center programs Assist in financial support to individual participation as requested at meetings Purchase items on an as needed basis Art Work $1,000 .. . _ _ ,, ., I , -1, 1„ 7111. - - -,-,=. ' ti- . r 1 I FT , , ,I, , 1, ,,,.._._ , , . _ ..„,, , 1 i I DI \ h h.. .;,, '�, im4 i CD \CO C.) iIII:: tio k I �I11I •_ I�t V Kitchen Table & Chairs is. ,_...._ _. , ,,.... , Ili 11 I i / _ -- , \I i r 0 _ ,...... -r-: ir , • ,- .-.....w...........................p., ar• .49Pfr . . ' \. 1 .I ... Kitchen Appliances $1,100 I Furniture $2,100...,________ _. R ..,,,L, _ , ..3..„.. ..., , __. .. ��f ram• i II Li ri 101" ' --944.1"."" pj+1i ! dIIIllL _ 111i. _ _ 1 - • �;'' t T -ilk_ Olt ill,1 =' ' Card Rack Purchased supplies only Woodshop volunteers built the card Rack 1 , . , .. .._.. q•. ,, . . . ... .: , . . . „ . . . . . . 40 . ' s _ , • . 1, Wi,- ‘,\, ,- t• \ I//i . ' •IMI 411.1 ' •-- , •;1 73 a CID . . ...... ., ..,_ ....__ : 11 . A. Ir_.31- ., Cd / f . . . i . (IIIID / . , • , . ' 4 t . . .. * 1 . .. .- . .,,,....... .....,..- • - .... .„.,. ,.,• 1 • 1111!: —— 111111: . , ...••.1,.174;11:•.,.. I IR NNW 11111 ., . ... " .. . ,.. . , Program Sponsorships __________ ,......._,.. Garden Party ,... 11 1 ..,_ . _ 1_1! ,,,, Welcome Coffee alifld. Ve V ' 0 �� GreetingCards T .unch and Learns � : an�k aiK'<a t. Senior Awareness Month IP Weekly andMonthly t r - ILev events rci � � '� Various special events ,t . , , y , 140 Volunteer Promotion taw= Van Drivers (15) � • • Polka Band (6) Library (2) - :11 Garden (4) ' ` F y ' Greeting Card Helpers (4) il Quilters (5) .f - .4, --- -- \ ' ' tai i i Health and Wellness (10) __ Woodshop (6) , 1. n Program Instructors (3) _. Weekly/Monthly Activities (17) -.;: 4, Special Events (15) � Mw i f Future Goals To continue to increase participation in programs and services To develop an Information/Resource Brochure related to senior services To work with senior center staff to assist in cost recovery of senior programs and events CITY COUNCIL AGENDA DATE: September 4, 2007 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Community Development/Planning Windsor Plaza Janet Jeremiah Scott Kipp Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change on 4.44 acres; and • Adopt the Resolution for Site Plan Review on 4.44 acres; and • Approve the Development Agreement for Windsor Plaza; and • Approve and Authorize Issuance of a Grading Permit for Windsor Plaza, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated August 13, 2007, as approved by the City Council on September 4, 2007. Synopsis This project is a 133,630 square foot building located in the Town Center consisting of four- stories of office above first floor retail and restaurant uses. The design is consistent with the planning principles of the MCA Study for the Town Center. Development Agreement Exhibit B plans are stamp dated August 13, 2007. The 120-Day Review Period Expires on September 5, 2007. Please Note: The Windsor Plaza documents as executed will be available at the Council meeting. Attachments • Ordinance for PUD District Review • Summary Ordinance • Resolution for Site Plan Review WINDSOR PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-2007-PUD-9-2007 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, Commercial Regional Service and Office Zoning Districts and be placed in the Commercial Regional Service Zoning District 21-2007-PUD-9-2007 (hereinafter"PUD-9-2007- C-REG-SER ). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of September 4, 2007, entered into between Solomon Real Estate Group, Inc., and the City of Eden Prairie, (hereinafter"Development Agreement ). The Development Agreement contains the terms and conditions of PUD-9-2007-C-REG-SER, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-9-2007-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2007-C-REG-SER 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-9-2007-C-REG-SER are justified by the design of the development described therein. D. PUD-9-2007-C-REG-SER 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, Commercial Regional Service and Office Zoning Districts, and placed in the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development PUD-9-2007-C-REG-SER and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation and Section 11.99 entitled "Violation a Misdemeanor are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of January, 2007, 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 4th day of September, 2007. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A DEVELOPMENT AGREEMENT — Windsor Plaza Legal Description Before Final Plat All that part of Lot 16,Auditor's Subdivision Number 335,Hennepin County,Minnesota lying Southerly of a line which is parallel with and 34.40 feet South of the South line of Registered Land Survey No.369 and its extension East to the Northwesterly line of U.S.Highway Nos. 169 and 212 and measured along the West line of said Lot 16, except that part thereof which lies Southeasterly of a line run parallel with and distant 40 feet Northwesterly of Line 1 described below: Line 1:From a point on the East and West quarter line of Section 14,Township 116 North,Range 22 West distant 2557.59 feet West of the East quarter corner thereof;thence run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line(measured from East to North)for 359.63 feet to the point of beginning of Line 1 to be described;thence run Southwesterly on the last described course for 358.44 feet;thence deflect to the left on a tangential curve having a radius of 3819.72 feet and a delta angle of 7 degrees 34 minutes 00 seconds for 504.45 feet and there terminating. AND All that part of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 14,Township 116 North,Range 22 West of the 5th Principal Meridian lying northwesterly of State Trunk Highway No. 169 and 212(formerly State Trunk Highway No. 5)as now laid out and traveled,and lying northwesterly of a line drawn parallel with and 40 feet northwesterly of the below described line: Commencing at a point on the east and west quarter line of said Section 14 distant 2557.59 feet west of the east quarter corner thereof;thence northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said east and west quarter line(measured from east to north) 101.19 feet to the actual point of beginning of the line to be described;thence southwesterly on the last described course 100 feet;thence deflecting to the left on a tangential curve having a radius of 3819.72 feet and a delta angle of 07 degrees 34 minutes 00 seconds for 504.45 feet and there terminating. AND Tract A,Registered Land Survey No.369. Together with: All that part of Lot 16,"Auditor's Subdivision No.335,Hennepin County,Minnesota"lying Northerly of a line which is parallel with and 34.40 feet South of the South line of Registered Land Survey No.369 and its extension East to the Northwesterly line of U.S.Highways Nos. 169 and 212 and measured along the West line of said Lot 16 and lying Northwesterly of a line run parallel with and distant 40 feet Northwesterly of Line 1 described below: Line 1:Beginning at a point on the East and West quarter line of Section 14,Township 116 North,Range 22 West,distant 2557.59 feet West of the East Quarter corner thereof;thence run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line(measured from East to North) for 600 feet and there terminating, except that part thereof embraced within Registered Land Survey No. 1473. Together with: Lot 17,"Auditor's Subdivision No.335,Hennepin County,Minnesota",except that part thereof embraced within Registered Land Survey No. 1473. Together with: Parcel 4:Tract B,Registered Land Survey No. 1473. Together with: Tract C,Registered Land Survey No. 1449 except that part of said Tract C embraced within Registered Land Survey No. 1473. AND That part of the following described Tract: Tract D,Registered Land Survey No.687,Hennepin County,Minnesota,except that part thereof lying Southwesterly of a line drawn from a point on the West line of said Tract D distant 14.53 feet Northerly from the Southwest corner thereof to a point on the South line of said Tract D distant 38.97 feet Easterly from the Southwest corner thereof,which lies Northwesterly of a line run parallel with and distant 33 feet Northwesterly of line 1 described below: Line 1: From a point on the East and West quarter line of Section 14,Township 116,Range 22,distant 2557.59 feet West of the East quarter corner thereof,run Southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line(measured from West to South)for 192.54 feet to the point of beginning of Line 1 to be described;thence deflect to the right at an angle of 87 degrees 05 minutes 48 seconds for 80.50 feet;thence deflect to the right on a tangential curve having a radius of 60 feet and a delta angle of 91 degrees 30 minutes 00 seconds for 95.82 feet;thence on tangent to said curve for 74.79 feet;thence deflect to the left on a tangential curve having a radius of 125 feet and a delta angle of 39 degrees 13 minutes 19 seconds for 85.57 feet;thence on a tangent to said curve for 58.41 feet and there terminating. AND That portion of Eden Road,formerly known as Town Road,lying within the South Half of Section 14,Township 116,Range 22,Hennepin County,Minnesota and lying northeasterly,northerly and northwesterly of the following described line: Commencing at the northeast corner of the Southwest Quarter of Section 14,Township 116,Range 22; thence South 88 degrees 27 minutes 05 seconds West,assumed bearing,along the north line of said southwest quarter a distance of 138.90 feet to the intersection with the northerly right of way line of Regional Center Road and the actual point of beginning of the line to be described;thence South 70 degrees 52 minutes 37 seconds East a distance of 20.24 feet;thence southeasterly a distance of 83.53 feet along a non-tangential curve concave to the southwest having a radius of 454.18,a central angle of 10 degrees 32 minutes 13 seconds and a chord bearing of South 29 degrees 02 minutes 06 seconds;thence continuing southeasterly a distance of 36.17 feet along a tangential reverse curve concave to the northeast having a radius of 51.83 feet and a central angle of 39 degrees 59 minutes 09 seconds;thence northeasterly a distance of 14.44 feet along a tangential compound curve concave to the north having a radius of 15.00 feet and a central angle of 55 degrees 09 minutes and 37 seconds;thence North 41 degrees 02 minutes 26 seconds East tangent to the last described curve a distance of 27.28 feet to the intersection of the easterly right of way line of Eden Road with the northwesterly right of way of Flying Cloud Drive and there terminating. AND That part of Eden Road(formerly Town Road as shown on the plat of Auditor's Subdivision Number 335),in the NE1/4 Section 14-T116-R22,Hennepin County,Minnesota,lying southerly of the following described line: Commencing at the intersection of the south line of Tract C,Registered Land Survey No.687,Files of the Registrar of Titles,County of Hennepin,Minnesota and the west line of the East 33 feet of said Tract C;thence on an assumed bearing of North along said west line,a distance of 56.38 feet to the actual point of beginning of the line to be described;thence deflecting to the right(as measured from north to east)88 degrees 59 minutes 00 seconds a distance of 66.01 feet to a point on the easterly right of way line of said Eden Road and said line there terminating. AND That part of Eden Road(formerly Town Road as shown on Registered Land Survey No.687),in Tract D,Registered Land Survey No.687,Files of the Registrar of Titles,County of Hennepin,Minnesota. AND That part of Eden Road,formerly known as Town Road,being that part Tract D,Registered Land Survey No.687, Files of Registrar of Titles,County of Hennepin,Minnesota,which lies southeasterly of a line run parallel with and distant 33 feet northwesterly of Line 1 described below: Line 1. From a point on the east and west quarter line of Section 14,Township 116 North,Range 22 West,distant 2557.59 feet west of the east quarter corner thereof,run southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said east and west quarter line(measured from west to south)for 192.54 feet to the point of beginning of Line 1 to be described;thence deflect to the right at an angle of 87 degrees 05 minutes 48 seconds for 80.50 feet;thence deflect to the right on a tangential curve having a radius of 60 feet and a delta angle of 91 degrees 30 minutes 00 seconds for 95.82 feet;thence on tangent to said curve for 74.79 feet;thence deflect to the left on a tangential curve having a radius of 125 feet and a delta angle of 39 degrees 13 minutes 19 seconds for 85.57 feet;thence on tangent to said curve for 58.41 feet and there terminating; Legal Description After Final Plat Lot 1,Block 1 and Outlots A and B,WINDSOR PLAZA,Hennepin County,MN. WINDSOR PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 21-2007-PUD-9-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located west of Flying Cloud Drive, south of Singletree Lane, and north of Regional Center Drive from the Rural, Commercial Regional Service and Office Zoning District to the Commercial Regional Service Zoning District on 4.44 acres. 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 Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A - Windsor Plaza Legal Description Before Final Plat All that part of Lot 16, Auditor's Subdivision Number 335, Hennepin County, Minnesota lying Southerly of a line which is parallel with and 34.40 feet South of the South line of Registered Land Survey No. 369 and its extension East to the Northwesterly line of U.S. Highway Nos. 169 and 212 and measured along the West line of said Lot 16, except that part thereof which lies Southeasterly of a line run parallel with and distant 40 feet Northwesterly of Line 1 described below: Line 1: From a point on the East and West quarter line of Section 14, Township 116 North, Range 22 West distant 2557.59 feet West of the East quarter corner thereof; thence run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line (measured from East to North) for 359.63 feet to the point of beginning of Line 1 to be described; thence run Southwesterly on the last described course for 358.44 feet; thence deflect to the left on a tangential curve having a radius of 3819.72 feet and a delta angle of 7 degrees 34 minutes 00 seconds for 504.45 feet and there terminating. AND All that part of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 14, Township 116 North, Range 22 West of the 5th Principal Meridian lying northwesterly of State Trunk Highway No. 169 and 212 (formerly State Trunk Highway No. 5) as now laid out and traveled, and lying northwesterly of a line drawn parallel with and 40 feet northwesterly of the below described line: Commencing at a point on the east and west quarter line of said Section 14 distant 2557.59 feet west of the east quarter corner thereof; thence northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said east and west quarter line (measured from east to north) 101.19 feet to the actual point of beginning of the line to be described; thence southwesterly on the last described course 100 feet; thence deflecting to the left on a tangential curve having a radius of 3819.72 feet and a delta angle of 07 degrees 34 minutes 00 seconds for 504.45 feet and there terminating. AND Tract A, Registered Land Survey No. 369. Together with: All that part of Lot 16, "Auditor's Subdivision No. 335, Hennepin County, Minnesota" lying Northerly of a line which is parallel with and 34.40 feet South of the South line of Registered Land Survey No. 369 and its extension East to the Northwesterly line of U.S. Highways Nos. 169 and 212 and measured along the West line of said Lot 16 and lying Northwesterly of a line run parallel with and distant 40 feet Northwesterly of Line 1 described below: Line 1: Beginning at a point on the East and West quarter line of Section 14, Township 116 North, Range 22 West, distant 2557.59 feet West of the East Quarter corner thereof; thence run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line (measured from East to North) for 600 feet and there terminating, except that part thereof embraced within Registered Land Survey No. 1473. Together with: Lot 17, "Auditor's Subdivision No. 335, Hennepin County, Minnesota", except that part thereof embraced within Registered Land Survey No. 1473. Together with: Parcel 4: Tract B, Registered Land Survey No. 1473. Together with: Tract C, Registered Land Survey No. 1449 except that part of said Tract C embraced within Registered Land Survey No. 1473. AND That part of the following described Tract: Tract D, Registered Land Survey No. 687, Hennepin County, Minnesota, except that part thereof lying Southwesterly of a line drawn from a point on the West line of said Tract D distant 14.53 feet Northerly from the Southwest corner thereof to a point on the South line of said Tract D distant 38.97 feet Easterly from the Southwest corner thereof, which lies Northwesterly of a line run parallel with and distant 33 feet Northwesterly of line 1 described below: Line 1: From a point on the East and West quarter line of Section 14, Township 116, Range 22, distant 2557.59 feet West of the East quarter corner thereof, run Southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line (measured from West to South) for 192.54 feet to the point of beginning of Line 1 to be described; thence deflect to the right at an angle of 87 degrees 05 minutes 48 seconds for 80.50 feet; thence deflect to the right on a tangential curve having a radius of 60 feet and a delta angle of 91 degrees 30 minutes 00 seconds for 95.82 feet; thence on tangent to said curve for 74.79 feet; thence deflect to the left on a tangential curve having a radius of 125 feet and a delta angle of 39 degrees 13 minutes 19 seconds for 85.57 feet; thence on a tangent to said curve for 58.41 feet and there terminating. AND That portion of Eden Road, formerly known as Town Road, lying within the South Half of Section 14, Township 116, Range 22, Hennepin County,Minnesota and lying northeasterly, northerly and northwesterly of the following described line: Commencing at the northeast corner of the Southwest Quarter of Section 14, Township 116, Range 22; thence South 88 degrees 27 minutes 05 seconds West, assumed bearing, along the north line of said southwest quarter a distance of 138.90 feet to the intersection with the northerly right of way line of Regional Center Road and the actual point of beginning of the line to be described; thence South 70 degrees 52 minutes 37 seconds East a distance of 20.24 feet; thence southeasterly a distance of 83.53 feet along a non- tangential curve concave to the southwest having a radius of 454.18, a central angle of 10 degrees 32 minutes 13 seconds and a chord bearing of South 29 degrees 02 minutes 06 seconds; thence continuing southeasterly a distance of 36.17 feet along a tangential reverse curve concave to the northeast having a radius of 51.83 feet and a central angle of 39 degrees 59 minutes 09 seconds; thence northeasterly a distance of 14.44 feet along a tangential compound curve concave to the north having a radius of 15.00 feet and a central angle of 55 degrees 09 minutes and 37 seconds; thence North 41 degrees 02 minutes 26 seconds East tangent to the last described curve a distance of 27.28 feet to the intersection of the easterly right of way line of Eden Road with the northwesterly right of way of Flying Cloud Drive and there terminating. AND That part of Eden Road(formerly Town Road as shown on the plat of Auditor's Subdivision Number 335), in the NE1/4 Section 14-T116-R22, Hennepin County, Minnesota, lying southerly of the following described line: Commencing at the intersection of the south line of Tract C, Registered Land Survey No. 687, Files of the Registrar of Titles, County of Hennepin, Minnesota and the west line of the East 33 feet of said Tract C; thence on an assumed bearing of North along said west line, a distance of 56.38 feet to the actual point of beginning of the line to be described; thence deflecting to the right (as measured from north to east) 88 degrees 59 minutes 00 seconds a distance of 66.01 feet to a point on the easterly right of way line of said Eden Road and said line there terminating. AND That part of Eden Road(formerly Town Road as shown on Registered Land Survey No. 687), in Tract D, Registered Land Survey No. 687, Files of the Registrar of Titles, County of Hennepin, Minnesota. AND That part of Eden Road, formerly known as Town Road,being that part Tract D, Registered Land Survey No. 687, Files of Registrar of Titles, County of Hennepin, Minnesota, which lies southeasterly of a line run parallel with and distant 33 feet northwesterly of Line 1 described below: Line 1. From a point on the east and west quarter line of Section 14, Township 116 North, Range 22 West, distant 2557.59 feet west of the east quarter corner thereof, run southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said east and west quarter line (measured from west to south) for 192.54 feet to the point of beginning of Line 1 to be described; thence deflect to the right at an angle of 87 degrees 05 minutes 48 seconds for 80.50 feet; thence deflect to the right on a tangential curve having a radius of 60 feet and a delta angle of 91 degrees 30 minutes 00 seconds for 95.82 feet; thence on tangent to said curve for 74.79 feet; thence deflect to the left on a tangential curve having a radius of 125 feet and a delta angle of 39 degrees 13 minutes 19 seconds for 85.57 feet; thence on tangent to said curve for 58.41 feet and there terminating; Legal Description After Final Plat Lot 1, Block 1 and Outlots A and B, WINDSOR PLAZA, Hennepin County, MN. WINDSOR PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR WINDSOR PLAZA BY SOLOMON REAL ESTATE GROUP, INC. WHEREAS, Solomon Real Estate Group, Inc. has applied for Site Plan approval of Windsor Plaza to construct a five story office/retail/restaurant building,by an Ordinance approved by the City Council on January 16, 2007; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its November 22, 2006 and December 8, 2006 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its January 16, 2007 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to Windsor Plaza based on plans stamp dated August 13, 2007 and the Development Agreement between Solomon Real Estate Group, Inc. and the City of Eden Prairie, reviewed and approved by the City Council on September 4, 2007. ADOPTED by the City Council of the City of Eden Prairie this 4th day of September, 2007. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Randy L. Slick Final Plat Approval of Windsor Plaza Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Windsor Plaza. Synopsis This proposal is for the plat located south of Singletree Lane, west of Flying Cloud Drive and north of Regional Center Road. The plat consists of 5.8 acres to be divided into one lot, three Outlots and right-of-way dedication for street purposes. This proposal includes a 141,500 square-foot single mixed-use building with office, retail and restaurant together with an attached parking structure. Background Information The preliminary plat was approved by the City Council on January 16, 2007. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on September 4, 2007. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$754.00. • Receipt of street lighting fee in the amount of$962.28. • Prior to the 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 Agreement for Singletree Lane 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 the fmal plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Prior to release of the fmal plat, Developer shall enter into a Cross Access, Private Utilities, Parking and Maintenance Agreement between Lots 1 and 2. • Prior to release of the fmal plat, Developer shall submit proof that an easement granting ingress and egress access to the public,beginning at Regional Center Road extending through the property to Eden Road, has been filed with the Hennepin County Recorder's Registrar of Titles Office. • Prior to release of the final plat, Developer shall grant, at no cost to the City, a temporary Construction Easement to construct Singletree Lane improvements. • Prior to release of the final plat, Developer shall convey a sidewalk and trail easements to the City in such locations determined by the Director of Parks and Recreations Services. • Prior to release of the fmal plat, the City Council shall have adopted a resolution vacating portions of Eden Road right-of-way. • Prior to the release of the final plat, Developer shall prepare and enter into a Maintenance Agreement with the City of Eden Prairie for the public portion of Eden Road. • Prior to the release of the final plat, Developer shall enter into the Environmental Indemnity and Hold Harmless Agreement. Attachments • Resolution • Plat drawing/description CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2007- A RESOLUTION APPROVING FINAL PLAT OF WINDSOR PLAZA WHEREAS, the plat of Windsor Plaza 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 Windsor Plaza is approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 16, 2007. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. 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 September 4, 2007. Phil Young,Mayor ATTEST: SEAL Kathleen Porta, City Clerk sleexa L l0 1 J96x5 4Uteavues puoissajoid pooMseM 41.*a 9 4d..mx,a..a of NowN -�.P. "Bea 0 OOP-.P.w9.ww4PwwwPwm0 00 Own.wrow491w44*.VI w 954!Mlw.S 4/244643291061196,AIN= B I m m4.0.9 lbw 5'x P.p9x - ° --009 0 4W-xw• ww 4 P,mm w Pw m *91n4 MSG.I.!We w,. 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'-' p eon RweN z 1 WC- �,00. �,,,y , " at / 51 �L.r_,,5y Est �•.a�• •"ts'k.."'7'e11`r•;\ `\k-u p 3Z./ .NA xes `I` k Wy / o- "ee i ` +` �\ �� -a_ _4N_��.7B5s�z/ / .,a ° aerr,0 '\OUtIOt l / 1 . A`b.Q 'c'f; cSC� G_/ ♦ "�� `.' _'p�B b81Y / / "\ — r Ig L___�r... .tgq \ -'1?`'�/ l *A'N d 5$° s,// / ,fl^ 8' 1 as .p \ R.�/ f. t.14yam/ / c�` �'°I ' j oo'oet o /'-i^�;„. \ T )\ / / �`^, Brave' / — a~t M ' t Swannaf Una ,.• • Westwood ... Professional Services,Inc LSheet 2 of 2 sheers 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Janet Jeremiah, Director Agreement with Randy's Bobby& Steves Auto Community Development World Requested Action Move to: Approve Agreement between the City of Eden Prairie and Randy's Bobby& Steves Auto World LLC and authorize the Mayor and City Manager to execute the Agreement on behalf of the City. Synopsis: Randy's Bobby& Steve's Auto World LLC (B&S)has applied to the City for Planned Unit Development Concept Review on 1.08 acres, Planned Unit Development District Review with waivers on 1.08 acres, Zoning District Change from Highway Commercial and Office to Commercial Regional Services on 1.08 acres and Site Plan Review on 1.08 acres. The property is adjacent to the Windsor Plaza development and is part of the Windsor Plaza fmal plat. The Property Owner is not prepared at this time to proceed with completion of the application process. The collapse of the 35W Bridge in Minneapolis impacted the Bobby& Steve's service station located across the street from the entrance ramp to the 35W Bridge. The Owners desire more time to assess the long term impact. Nevertheless the Owners desire to keep their development application for the Auto World at Singletree Lane and Flying Cloud Drive active. Rather than enter into a Developer's Agreement at this time, City staff and the Property Owner have negotiated an interim Agreement whereby B&S agrees to: (1) dedicate right-of-way for Singletree Lane in the plat of Windsor Plaza; (2) convey temporary construction easements to the City at no cost; (3) an extension of the review time to June 15, 2008; (4)remove structure from the portion of its Property being dedicated for right-of-way and to the closure of one of two access points into the service station; (5)waive certain property and business operation claims arising out of the construction of the Singletree Lane Improvements; and(6) enter into a Minimum Assessment Agreement for its current service station. Attachments Agreement between the City&Randy's Bobby& Steve's Auto World LLC dated September 4, 2007. Draft August 30, 2007 12:05 pm AGREEMENT RANDY'S BOBBY & STEVES AUTO WORLD THIS AGREEMENT("Agreement")is entered into as of September 4,2007,by Randy's Bobby&Steves Auto World LLP,a Minnesota Iimited liability partnership,hereinafter referred to as "B&S," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,B&S has applied to City for Planned Unit Development Concept Review on 1.08 acres,Planned Unit Development District Review with waivers on 1.08 acres,Zoning District Change from Highway Commercial and Office to Commercial Regional Service on 1.08 acres,and Site Plan Review on 1.08 acres, legally described on Exhibit A (the"Property"); WHEREAS,prior to proceeding with development of the Property,City and B&S desire to enter into an agreement regarding the widening of Singletree Lane by the City. NOW,THEREFORE,the City and B&S agree as follows: 1. RIGHT OF WAY: The City is responsible for preparing the final construction plans and right-of-way limits for the Singletree Lane Improvements as described in Section 3 of this Agreement. B&S shall dedicate on the final plat of Windsor Plaza at no cost to the City,the right-of-way necessary to accommodate the proposed roadway improvements as identified on the Final Plat attached as Exhibit B hereto. In addition, B&S shall grant, at no cost to the City, temporary construction easements necessary in City's judgment to construct the Singletree Lane Improvements with such temporary easements to be of reasonable scope and for a reasonable term. B&S shall convey, at no cost to the City, the temporary construction easements within 30 days of request by City. 1 fff 2. EXTENSION OF REVIEW TIME: B&S hereby requests and consents to an extension of the review period for its application to develop the Property from September 5,2007 to June 15,2009. 3. SINGLETREE LANE IMPROVEMENTS: The Singletree Lane Improvements (the "Improvements")include upgrading the roadway to a 4-Iane divided roadway with left turn lanes between Flying Cloud Drive (existing Highway 212) and Eden Road. The Improvements may include: pedestrian facilities along both sides of the road,a new traffic signal at the Singletree Lane / Flying Cloud Drive intersection and streetscaping enhancements. Pursuant to that certain Windsor Plaza Development Agreement between the City and Solomon Real Estate Group,Inc. dated September 4, 2007, Solomon Real Estate Group,Inc.will enter into a special assessment agreement with the City to finance the City construction of the Singletree Lane Improvements. The construction of the Improvements will result in the closure of Singletree Lane between Flying Cloud Drive and Glen Lane for the duration of the construction of the Improvements. In addition the Flying Cloud Drive / Singletree Lane traffic signal will be taken out of operation for the duration of the construction project. There will be no access from the Flying Cloud Drivel Singletree Lane intersection for the duration of the construction of the Improvements. The Property currently does not have access to Flying Cloud Drive and no such access will be provided as a result of or during the construction of the Improvements. The construction of the Improvements requires coordination with the operation of the Property and its re-development if re-development is undertaken while the Improvements are being constructed. In particular the construction of the Improvements will require the closure of the eastern most access from the Property to Singletree Lane. B&S grants City the right to eliminate the eastern most access to Singletree Lane. The western most access to the Property along Singletree Lane will be maintained throughout the construction of the Improvements. The construction of the Improvements will eliminate the access to the north side of the northern pumping stations located on the Property. Prior to the City commencing construction of the Improvements B&S shall remove all structures associated with the Property (hereinafter referred to as the"Removals") located within Singletree Lane right-of-way as dedicated on the plat of Windsor Plaza(hereinafter referred to as the"new right-of-way") including such portion of the canopy that extends into the right-of-way. B&S consents to the removal by the City of any surface structures on the Property, including the lighting, within five feet of the new right-of-way, up to but not including the pumping stations. B&S shall be responsible to disconnect the lighting in the new right-of-way. B & S shalI also construct either temporary concrete or bituminous curbing along the new edge of pavement within the Property to define their parking area in a manner similar to the existing condition and restore all disturbed areas affected by their removal. This temporary curbing shall stay in place until re-development of the Property as 2 set forth in the application of B&S to re-develop the Property, The Improvements will not be constructed in 2008 and the parties anticipate the Improvements will be constructed in 2009. When the City determines to construct the Improvements it shall give written notice to B&S to complete the Removals. Upon receipt of such notice from the City,B&S shall complete the Removals by the later of 60 days from the date of the notice or April 1 2009. If the structures on the Property are not removed as required above B&S grants City the right but not the obligation to enter onto the Property and complete the Removals and to eliminate the eastern most access to Singletree Lane. B&S shall not be obligated to complete the Removals and the City shall not be permitted to enter onto the Property to complete the Removals or eliminate the eastern most access to Singletree Lane unless the notice referred to above is given. 4. WAIVER: B&S hereby waives,releases and forever discharges the City of Eden Prairie,its officers,agents,employees,representatives,agents and contractors(hereinafter collectively referred to as"City")from any and all damages, costs, claims and liability arising out of or based upon a temporary or permanent taking of B&S's Property as a result of the construction,operation and maintenance of the Improvements,including claims arising under the Fifth Amendment to the United States Constitution, Article I, Section 13 of the Constitution of the State of Minnesota,all claims that arise under Chapter 117 of Minnesota Statutes,all claims under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended as applied under federal and state law,all claims relating to loss or damage to its business operations including but not limited to loss of going concern and economic loss, attorney's fees, costs, interest, and disbursements. If the City does not maintain the western most access to the Property along Singletree Lane this waiver shall not be effective. 5. ASSESSMENT AGREEMENT. Upon execution of this Agreement B&S shall execute the Assessment Agreement between B&S and the Housing and Redevelopment Authority in and for the City of Eden Prairie in form attached hereto as Exhibit C, and B&S shall cause the Assessment Agreement and an executed Assessor's Certificate,in the form attached thereto,to be recorded against the Property. 3 1 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. B&S CITY OF EDEN PRAIRIE Rand s Bob &Steves Auto World LLP By By p ' Phil Young / Its Mayor G.,, By ,4„,„„, 1 ..,.., By Its / , (-T,r„ i Scott H. Neal Its City Manager STA , r o. MINNESOTA ) ss. COUNTY ' '. NNEPIN ) The foregoing instr t was acknowledged before me thisc) day of AU S�As 1- ,2007, by Phil Young and Seo , .Neal,respectively the Mayor and the City Manager of the City of Eden Pr . ie Mime o a c I orporation, on behalf of said corporation. go,, DAWN M.VILLIARD Notary Iublic-M nesota y, VU.u.4 C1 Pay Co emission Expires 1131,2010 F.s}+ef�s+y was rgrg.fr*Ff199 otary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was ycknowledged before me this . ' day of ,' Tr- 2007,by 72 'r_ ''7 7 'l''Ir ,the ./;, ,-rp- / ,of Randy's Bobby&Steves Auto World LLP,a limited liability partnership, on behalf of the partnership. 1\ Lam y ,dtary Public THIS INSTRUMENT WAS DRAFTED BY: ,,,iskUdi'04 C4e134 kill Weilkiiijkli City of Eden Prairie " r DAWN M.VILUARD tlotary N iblic-Minnesota `''thy Comias.Ion Expires1131/2410 wort ffrp `fir?" 4 EXHIBIT A AGREEMENT - RANDY'S BOBBY & STEVES AUTO WORLD Legal Description Before Final Plat Tract A REGISTERED LAND SURVEY NO. 1473, Hennepin County, Minnesota described Legal Description After Final Plat Outlot C, WINDSOR PLAZA 5 EXHIBIT B WINDSOR PLAZA ar.COG MA CA DOC- r# SPVT MP i v1 .... 2 4i 'a PtJ;; fR;. ,0.. }}yy� J yKra<93o+t it ;rw^r A I T / ... ! r A. ri k�F fF Jl Y -ir 8 -ra .,// /phi\,. 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L�Ni1 Lipi`�e It1.�qil! i+JlrrAgi 2gi p j 1 �1aa;F 11 ii iJ' C.,,. 1L 1 ivini 1Ia I 111u Li 1 EXHIBIT C AGREEMENT — RANDY'S BOBBY & STEVES AUTO WORLD FORM OF ASSESSMENT AGREEMENT THIS AGREEMENT is dated as of September 4, 2007 and is between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,MINNESOTA,a public body corporate and politic organized and existing under the laws of the State of Minnesota(the"Authority"), and Randy's Bobby& Steves Auto World., LLP, a Minnesota limited liability partnership (the"B&S"). IN CONSIDERATION OF the mutual covenants and benefits herein described, the Authority and B&S recite and agree as follows: Section 1. Recitals. 1.01. Project PIan. The Authority has heretofore developed a Redevelopment Plan(the"Project Plan")outlining certain development activities to be undertaken and has adopted a Redevelopment Plan therefor(the"Redevelopment Plan"), which includes the construction of a office,retail and restaurant complex and associated parking ramp to be constructed on the Development Property identified on Exhibit A hereto (the "Project")and related site improvements and other improvements of a public nature. The Project is to be owned by the Windsor Plaza,LLC. 1.02. Tax Increment Financing District. Pursuant to the Minnesota Tax Increment Financing Act,Minnesota Statutes, Sections 469.174 to 469.1799, as amended(the "TIF Act"),the City and the Authority have approved a tax increment financing plan(the "Financing Plan"),which is the proposed method for financing the development activities currently proposed to be undertaken relating to the Project. Pursuant to the Financing Plan,the Town Center Phase One Tax Increment Financing District has been established as a redevelopment district under the TIF Act. 1.03. Implementation. The Authority and the City of Eden Prairie,Minnesota (the"City"),have each authorized and directed their respective officers to take all actions necessary to implement and carry out the Project Plan and the Financing Plan. The Project Plan and the Financing Plan propose that the Authority finance certain costs of or related to the Project,payable from tax increment(as defined in the TIF Act) derived from the District("Tax Increment"). 1.04.Agreement. The Authority and B&S have entered into an Agreement,dated as of September 4,2007 (the "Agreement"), relating to the real property described in Exhibit B hereto (the"Land"). The Agreement provides that upon the execution and delivery of the Agreement,the Authority and B&S are to enter into this Assessment Agreement. Section 2. Minimum Market Value. 2.01. Agreed Upon Minimum. B&S agrees that the minimum market value of the Land for ad valorem tax purposes, for the assessment made as of January 2,2008, shall be not less than$ 1,013,000.00 and shall not be reduced by any action taken by B&S (other than a deed in lieu of, or under threat of, condemnation by the City of Eden Prairie, Hennepin County or other condemning authority),to less than the said amount, and that during the term of this Assessment Agreement no reduction of the market value therefor below said minimum market value shall be sought by B&S or granted by any public official or court except in accordance with Minnesota Statutes, Section 469.177, subdivision 8. This minimum market value shall apply only to the Land and any other facilities situated on the Land. In the event of involuntary conversion of the Land for any reason(other than condemnation by a public entity),the minimum market value shall not be reduced to an amount less than said minimum market value. B&S acknowledges and agrees that the Land is subject to ad valorem property taxation and that such property taxes constitute taxes on"real property" (as provided in Section 469.174, subdivisions 4 and 7(d) of the TIF Act) and,to the extent reflecting net tax capacity rates of taxing jurisdictions levied against the captured net tax capacity of the District, tax increment. 2.02. Higher Market Value. Nothing in this Assessment Agreement shall limit the discretion of the county assessor of the City of Eden Prairie or any other public official or body having the duty to determine the market value of the Land and other facilities on the Land for ad valorem tax purposes,to assign to the Land or to any other improvements constructed on the Land, on a nondiscriminatory basis and treated fairly and equally with all other property so classified in the respective counties, a market value in excess of the minimum market value specified in Section 2.01. B&S shall have the normal remedies available under the law to contest any estimated assessor's estimated value in excess of said minimum market values,but only to the extent of the excess. Section 3. Filing and Certification. 3.01. Assessor Certification. The Authority shall present this Assessment Agreement to the city assessor of the City of Eden Prairie and request such assessor to execute the certification attached hereto as Exhibit C. B&S shall provide to the assessor all information 9 relating to the Land requested by the assessor for the purposes of discharging the assessor's duties with respect to the certification. 3.02. Filing. Prior to the recording of any mortgage, security agreement or other instrument creating a lien on the Land and in any event not less than 30 days after the execution of this Assessment Agreement, B&S shall cause this Assessment Agreement and a copy of Minnesota Statutes, Section 469.177, subdivision 8, attached hereto as Exhibit D,to be recorded in the office of the County Recorder or Registrar of Titles of Hennepin County, and shall pay all costs of such recording. Section 4. Relation to Agreement. The covenants and agreements made by B&S in this Assessment Agreement are separate from and in addition to the covenants and agreements made by B&S in the Agreement and nothing contained herein shall in any way alter,diminish or supersede the duties and obligations of B&S under the Agreement. Section 6. Miscellaneous Provisions. 6.01. Binding Effect. This Assessment Agreement shall inure to the benefit of and shall be binding upon the Authority and B&S and their respective successors and assigns, and upon all subsequent owners of the Land. 6.02. Severability. In the event any provision of this Assessment Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 6.03. Amendments, Changes and Modifications. Except as provided in Section 5.04,this Assessment Agreement may be amended or any of its terms modified only by written amendment authorized and executed by the Authority and B&S and otherwise in compliance with Section 469.177, subdivision 8, of the Act. 6.04. Further Assurances and Corrective Instruments. The Authority and B&S agree that they will,from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged or delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Land or for carrying out the expressed intention of this Assessment Agreement. 6.05. Execution Counterparts. This Assessment Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 6.06. Applicable Law. This Assessment Agreement shall be governed by and construed in accordance with the internal laws of the State of Minnesota. 10 6.07. Captions. The captions or headings in this Assessment Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Assessment Agreement. 6.08. Effective Date. This Assessment Agreement shall be effective as of September 4, 2007. 6.09. Termination Date. This Assessment Agreement shall terminate upon the termination of the District in accordance with Minnesota Statutes, Section 469.176, subdivision 1. 6.10. Definitions. Terms used with initial capital letters but not defined herein shall have the meanings given such terms in the Agreement,unless the context hereof clearly requires otherwise. 11 IN WITNESS WHEREOF, the Authority has caused this Assessment Agreement to be executed in its name by its duly authorized officers and B&S has caused this Assessment Agreement to be executed in its corporate name. HOUSING AND REDEVELOPMENT IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By Its Chair By Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2007, by ,the Chair and ,the Executive Director respectively of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota,on behalf of the public body. Notary Public I2 I, , ;.._, _ RANDY'S BOBBY& STEVES AUTO WORLD, . , u `t LLP a Minnesota limited liability partnership :21,41,1,1,,,,,,A. / f 4 4,--;,e,e6, ,- STATE OF MINNESOTA ) ' ' -(t-'‘'eiZ------- e2 ) ss. COUNTY OF ' A"9 fit") � � The foregoing instrument was acknowledged before me this day of 3r(AQA-- ,2007 by TC .e.(-t A W It i kCtA_C , a General Partner and ei-tioltkc,iAnc, a General Partner of Randy's Bobby& Steves Auto World, LLP a Minnesota limited liability partnership, on beh f of the partnership. c C ai(-U6 P,0-AiL(>6) ..,< iy:gt p AAA, Notary Public 3 DAWN M.ViLLIARD ' �: - _ Notary Pu h10hinnespta is�f Eq . My Connnsson Expires fti 4 lb'!3 F392lifyfl n� �i;�l'y�.y+Ey EXHIBIT A DESCRIPTION OF PROJECT Legal Description Before Final Plat All that part of Lot 16,Auditor's Subdivision Number 335, Hennepin County, Minnesota lying Southerly of a line which is parallel with and 34.40 feet South of the South line of Registered Land Survey No. 369 and its extension East to the Northwesterly line of U.S. Highway Nos. 169 and 212 and measured along the West line of said Lot 16, except that part thereof which lies Southeasterly of a line run parallel with and distant 40 feet Northwesterly of Line 1 described below: Line 1: From a point on the East and West quarter line of Section 14,Township 116 North,Range 22 West distant 2557.59 feet West of the East quarter corner thereof;thence run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line(measured from East to North) for 359.63 feet to the point of beginning of Line 1 to be described;thence run Southwesterly on the last described course for 358.44 feet;thence deflect to the left on a tangential curve having a radius of 3819.72 feet and a delta angle of 7 degrees 34 minutes 00 seconds for 504.45 feet and there terminating. AND All that part of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 14,Township 116 North,Range 22 West of the 5th Principal Meridian lying northwesterly of State Trunk Highway No. 169 and 212 (formerly State Trunk Highway No. 5)as now laid out and traveled,and lying northwesterly of a line drawn parallel with and 40 feet northwesterly of the below described line: Commencing at a point on the east and west quarter line of said Section 14 distant 2557.59 feet west of the east quarter corner thereof; thence northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said east and west quarter line(measured from east to north) 101,19 feet to the actual point of beginning of the line to be described;thence southwesterly on the last described course 100 feet; thence deflecting to the left on a tangential curve having a radius of 3819.72 feet and a delta angle of 07 degrees 34 minutes 00 seconds for 504.45 feet and there terminating. AND Tract A,Registered Land Survey No. 369. Together with: All that part of Lot 16, "Auditor's Subdivision No. 335,Hennepin County, Minnesota" lying Northerly of a line which is parallel with and 34.40 feet South of the South Iine of Registered 14 Land Survey No. 369 and its extension East to the Northwesterly line of U.S. Highways Nos. 169 and 212 and measured along the West line of said Lot 16 and lying Northwesterly of a line run parallel with and distant 40 feet Northwesterly of Line 1 described below: Line 1: Beginning at a point on the East and West quarter line of Section 14, Township 116 North,Range 22 West, distant 2557.59 feet West of the East Quarter corner thereof; thence run Northeasterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line (measured from East to North) for 600 feet and there terminating, except that part thereof embraced within Registered Land Survey No. 1473. Together with: Lot 17, "Auditor's Subdivision No. 335, Hennepin County, Minnesota", except that part thereof embraced within Registered Land Survey No. 1473. Together with: Parcel 4: Tract B,Registered Land Survey No. 1473. Together with: Tract C, Registered Land Survey No. 1449 except that part of said Tract C embraced within Registered Land Survey No. 1473. AND That part of the following described Tract: Tract D, Registered Land Survey No. 687,Hennepin County, Minnesota, except that part thereof lying Southwesterly of a line drawn from a point on the West line of said Tract D distant 14.53 feet Northerly from the Southwest corner thereof to a point on the South line of said Tract D distant 38.97 feet Easterly from the Southwest corner thereof, which lies Northwesterly of a line run parallel with and distant 33 feet Northwesterly of line 1 described below: Line 1: From a point on the East and West quarter Iine of Section 14, Township 116, Range 22,distant 2557.59 feet West of the East quarter corner thereof,run Southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said East and West quarter line (measured from West to South) for 192.54 feet to the point of beginning of Line 1 to be described;thence deflect to the right at an angle of 87 degrees 05 minutes 48 seconds for 80.50 feet;thence deflect to the right on a tangential curve having a radius of 60 feet and a delta angle of 91 degrees 30 minutes 00 seconds for 95.82 feet;thence on tangent to said curve for 74.79 feet; thence deflect to the left on a tangential curve having a radius of 125 feet and a delta angle of 39 degrees 13 minutes 19 seconds for 85.57 feet; thence on a tangent to said curve for 58.41 feet and there terminating. AND That portion of Eden Road,formerly known as Town Road, lying within the South Half of Section 14,Township 116,Range 22,Hennepin County, Minnesota and lying northeasterly, northerly and northwesterly of the following described line: Commencing at the northeast corner of the Southwest Quarter of Section 14, Township 15 116,Range 22;thence South 88 degrees 27 minutes 05 seconds West, assumed bearing, along the north line of said southwest quarter a distance of 138.90 feet to the intersection with the northerly right of way line of Regional Center Road and the actual point of beginning of the line to be described;thence South 70 degrees 52 minutes 37 seconds East a distance of 20.24 feet; thence southeasterly a distance of 83.53 feet along a non- tangential curve concave to the southwest having a radius of 454.18, a central angle of 10 degrees 32 minutes 13 seconds and a chord bearing of South 29 degrees 02 minutes 06 seconds;thence continuing southeasterly a distance of 36.17 feet along a tangential reverse curve concave to the northeast having a radius of 51.83 feet and a central angle of 39 degrees 59 minutes 09 seconds; thence northeasterly a distance of 14.44 feet along a tangential compound curve concave to the north having a radius of 15.00 feet and a central angle of 55 degrees 09 minutes and 37 seconds;thence North 41 degrees 02 minutes 26 seconds East tangent to the last described curve a distance of 27.28 feet to the intersection of the easterly right of way line of Eden Road with the northwesterly right of way of Flying Cloud Drive and there terminating. AND That part of Eden Road(formerly Town Road as shown on the plat of Auditor's Subdivision Number 335),in the NE1I4 Section 14-T116-R22,Hennepin County, Minnesota, lying southerly of the following described line: Commencing at the intersection of the south line of Tract C, Registered Land Survey No. 687,Files of the Registrar of Titles, County of Hennepin,Minnesota and the west line of the East 33 feet of said Tract C;thence on an assumed bearing of North along said west line, a distance of 56.38 feet to the actual point of beginning of the line to be described; thence deflecting to the right (as measured from north to east) 88 degrees 59 minutes 00 seconds a distance of 66.01 feet to a point on the easterly right of way line of said Eden Road and said line there terminating. AND That part of Eden Road(formerly Town Road as shown on Registered Land Survey No. 687),in Tract D, Registered Land Survey No. 687, Files of the Registrar of Titles, County of Hennepin, Minnesota. AND That part of Eden Road,formerly known as Town Road, being that part Tract D, Registered Land Survey No. 687,Files of Registrar of Titles, County of Hennepin, Minnesota, which lies southeasterly of a line run parallel with and distant 33 feet northwesterly of Line 1 described below: 16 Line 1. From a point on the east and west quarter line of Section 14,Township 116 North,Range 22 West, distant 2557.59 feet west of the east quarter corner thereof,run southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said east and west quarter line(measured from west to south)for 192.54 feet to the point of beginning of Line 1 to be described; thence deflect to the right at an angle of 87 degrees 05 minutes 48 seconds for 80.50 feet; thence deflect to the right on a tangential curve having a radius of 60 feet and a delta angle of 91 degrees 30 minutes 00 seconds for 95.82 feet; thence on tangent to said curve for 74.79 feet;thence deflect to the left on a tangential curve having a radius of 125 feet and a delta angle of 39 degrees 13 minutes 19 seconds for 85.57 feet; thence on tangent to said curve for 58.41 feet and there terminating; Legal Description After Final Plat Lot 1, Block 1 and Outlots A and B, Windsor Plaza,Hennepin County, MN. 17 EXHIBIT B DESCRIPTION OF LAND Legal Description Before Final Plat Tract A REGISTERED LAND SURVEY NO. 1473,Hennepin County,Minnesota Legal Description After Final Plat Outlot C, WINDSOR PLAZA 18 EXHIBIT C ASSESSOR'S CERTIFICATE The undersigned, being the duly qualified and acting assessor of the City of Eden Prairie,Minnesota,hereby certifies that. 1. I am the assessor responsible for the assessment of the Land described in the foregoing Exhibit A; 2. I have read the foregoing Assessment Agreement dated as of September 4, 2007; 3. I have received and read a duplicate original of the Agreement referred to in the Assessment Agreement; 5. I have reviewed the market value currently assigned to the Land and the minimum market value to be assigned to the Land by the Assessment Agreement is a reasonable estimate; and 7. I hereby certify that the market value assigned to the Land described on the foregoing Exhibit A by the Assessment Agreement is reasonable and the market value assigned to the Land for the assessment January 2, 2008, shall be not less than$1,013,000.00. Dated City Assessor, City of Eden Prairie,Minnesota 19 EXHIBIT D COPY OF MINNESOTA STATUTES, SECTION 469.177, SUBDIVISION 8 Assessment agreements. An authority may enter into a written assessment agreement with any person establishing a minimum market value of land, existing improvements,or improvements to be constructed in a district,if the property is owned or will be owned by the person. The minimum market value established by an assessment agreement may be fixed,or increase or decrease in later years from the initial minimum market value. If an agreement is fully executed before July 1 of an assessment year,the market value as provided under the agreement must be used by the county or local assessor as the taxable market value of the property for that assessment. Agreements executed on or after July 1 of an assessment year become effective for assessment purposes in the following assessment year. An assessment agreement terminates on the earliest of the date on which conditions in the assessment agreement for termination are satisfied,the termination date specified in the agreement, or the date when tax increment is no longer paid to the authority under section 469.176, subdivision 1. The assessment agreement shall be presented to the county assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the tax increment financing district and the property that is the subject of the agreement is located. The assessor shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor,to be a reasonable estimate,shall execute the following certification upon the agreement: The undersigned assessor, being legally responsible for the assessment of the above described property, certifies that the market values assigned to the land and improvements are reasonable. The assessment agreement shall be filed for record and recorded in the office of the county recorder or the registrar of titles of each county where the real estate or any part thereof is situated. After the agreement becomes effective for assessment purposes,the assessor shall value the property under section 273.11,except that the market value assigned shall not be less than the minimum market value established by the assessment agreement. The assessor may assign a market value to the property in excess of the minimum market value established by the assessment agreement. The owner of the property may seek, through the exercise of administrative and legal remedies,a reduction in market value for property tax purposes,but no city assessor,county assessor,county auditor, board of review, board of equalization, commissioner of revenue,or court of this state shall grant a reduction of the market value below the minimum market value established by the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of improvements,destruction, or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording an assessment agreement constitutes notice of the agreement to anyone who acquires any interest in 20 the land or improvements that is subject to the assessment agreement, and the agreement is binding upon them. An assessment agreement may be modified or terminated by mutual consent of the current parties to the agreement. Modification or termination of an assessment agreement must be approved by the governing body of the municipality. If the estimated market value for the property for the most recently available assessment is less than the minimum market value established by the assessment agreement for that or any later year and if bond counsel does not conclude that termination of the agreement is necessary to preserve the tax exempt status of outstanding bonds or refunding bonds to be issued, the modification or termination of the assessment agreement also must be approved by the governing bodies of the county and the school district. A document modifying or terminating an agreement, including records of the municipality, county, and school district approval,must be filed for record. The assessor's review and certification is not required if the document terminates an agreement. A change to an agreement not fully executed before July 1 of an assessment year is not effective for assessment purposes for that assessment year. If an assessment agreement has been modified or prematurely terminated, a person may seek a reduction in market value or tax through the exercise of any administrative or legal remedy. The remedy may not provide for reduction of the market value below the minimum provided under a modified assessment agreement that remains in effect. In no event may a reduction be sought for a year other than the current taxes payable year. 21 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Development/Planning Amend City Code Chapter 11 Janet Jeremiah Relating to Off-Street Parking Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance amending City Code Chapter 11 by adding new defmitions to Section 11.02; amending parts of Section 11.03, Subd. 3, H4. e. relating to off-street parking space requirements for restaurants, retail stores and shops; and adopting by reference City Code Chapter 1 and Section 11.99 which, among other things, contains penalty provisions; and • Adopt resolution approving summary ordinance for publication Synopsis The existing parking requirement for restaurants is 1/3 seats. The recommended parking requirements for restaurants are as follows: "Restaurant Type 1"—1/2.5 seats based on capacity(McDonald's) "Restaurant Type 2"— 1/3 seats based on capacity(Bakers Square) "Restaurant Type 3"—1/2 seats based on capacity (Redstone) The existing parking requirements for retail stores and shops is 6/1,000 G.F.A. The recommended parking requirement for retail stores and shops is: "Retail Stores and Shops—5/1000 sq. ft. G.F.A. Attachment • Ordinance • Ordinance Summary • Resolution for Ordinance Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY ADDING NEW DEFINITIONS TO SECTION 11.02; AMENDING PARTS OF SECTION 11.03, SUBD. 3, H4. e. RELATING TO OFF- STREET PARKING SPACE REQUIREMENTS FOR RESTAURANTS, RETAIL STORES AND SHOPS; 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 11.02, Definitions is amended by renumbering lines 48 through 68 to 51 through 71, respectively, and by inserting the following three (3) new defmitions in lines 48 through 50. 48. "Restaurant Type 1 — A restaurant, often referred to as a fast food or deli-style restaurant, where customers stand to order and wait for food preparation or where food is pre-prepared and packaged to go. 49. "Restaurant Type 2 — A sit-down restaurant, often referred to as a family-style restaurant, with no liquor sales and where customers typically stay for an hour or less. 50. "Restaurant Type 3 — A restaurant, often referred to as a bar or tavern, with a large bar or dancing area and amplified music used as entertainment; or a sit down restaurant, often referred to as a fine dining restaurant, where reservations are sometimes needed and the bar area is secondary to dining. Section 2. That part of City Code Section 11.03, Subd. 3, H4. e. entitled "Restaurants and Lounges shall be deleted in its entirety and replaced with the following: "Restaurant Type 1 — 1/2.5 seats based on capacity "Restaurant Type 2 — 1/3 seats based on capacity "Restaurant Type 3 — 1/2 seats based on capacity Section 3. That part of City Code Section 11.03, Subd. 3, H4. e. entitled "*** Retail Stores and Shops shall be deleted in its entirety and replaced with the following: Retail Stores and Shops—5/1000 sq. ft. G.F.A. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation and Section 11.99, entitled "Violation a Misdemeanor are herby adopted in their entirety, by reference, as though repeated verbatim herein. 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 21 st day of August, 2007, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of September, 2007. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the day of , 2007. PARKING CODE CHANGES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY ADDING NEW DEFINITIONS TO SECTION 11.02; AMENDING PARTS OF SECTION 11.03, SUBD. 3, H4. e. RELATING TO OFF- STREET PARKING SPACE REQUIREMENTS FOR RESTAURANTS, RETAIL STORES AND SHOPS; 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 amendments to city code chapter 11 relating to off street parking space requirements for restaurants, retail stores and shops. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 22-2007 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 22-2007 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 4th day of September, 2007. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 22-2007 is lengthy and contains charts. B. The text of summary of Ordinance No. 22-2007, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. 22-2007 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on September 4, 2007. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 07-03 ITEM NO.: VIII.E. Denise Christensen Vacation of the Public Right-of-Way Easement and Slope Easement over Part Public Works/Engineering of Eden Road Requested Action Move to: Adopt the resolution vacating the public right-of-way easement and slope easement over part of Eden Road. Synopsis The Public Hearing for this vacation request was held June 5, 2007. Action taken at that time was to close the Public Hearing only, with the resolution to be adopted upon a satisfactory determination regarding the relocation of existing private utilities within the vacated area. The Developer of Windsor Plaza has been responsible for this and all utility relocation issues have now been resolved. Background Information The requested vacation will remove the underlying encumbrance consisting of the right-of-way easement and slope easement for a portion of Eden Road to accommodate the Windsor Plaza development project, however, a portion of the vacated area will be covered by a drainage and utility easement. The Windsor Plaza project consists of a mixed use office, retail and restaurant uses. The project will provide cross-access to the existing uses that will continue to take access from Eden Road. Attachments • Resolution • Location Map • Reserved Utility Easement Location Map • Site Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- VACATION OF THE PUBLIC RIGHT-OF-WAY EASEMENT AND SLOPE EASEMENT OVER PART OF EDEN ROAD VACATION 07-03 WHEREAS, the City of Eden Prairie has (a) certain right-of-way and slope easements described as follows: PARCEL 1 That part of Eden Road, formerly known as Town Road, lying within the South Half of Section 14, Township 116, Range 22, Hennepin County,Minnesota and lying northeasterly, northerly and northwesterly of the following described line: Commencing at the northeast corner of the Southwest Quarter of Section 14, Township 116, Range 22; thence South 88 degrees 27 minutes 05 seconds West, assumed bearing, along the north line of said southwest quarter a distance of 138.90 feet to the intersection with the northerly right of way line of Regional Center Road and the actual point of beginning of the line to be described; thence South 70 degrees 52 minutes 37 seconds East a distance of 20.24 feet; thence southeasterly a distance of 83.53 feet along a non- tangential curve concave to the southwest having a radius of 454.18, a central angle of 10 degrees 32 minutes 13 seconds and a chord bearing of South 29 degrees 02 minutes 06 seconds; thence continuing southeasterly a distance of 36.17 feet along a tangential reverse curve concave to the northeast having a radius of 51.83 feet and a central angle of 39 degrees 59 minutes 09 seconds; thence northeasterly a distance of 14.44 feet along a tangential compound curve concave to the north having a radius of 15.00 feet and a central angle of 55 degrees 09 minutes and 37 seconds; thence North 41 degrees 02 minutes 26 seconds East tangent to the last described curve a distance of 27.28 feet to the intersection of the easterly right of way line of Eden Road with the northwesterly right of way of Flying Cloud Drive and there terminating. PARCEL 2 That part of Eden Road(formerly Town Road as shown on the plat of Auditor's Subdivision Number 335), in the NE1/4 Section 14-T116-R22, Hennepin County, Minnesota, lying southerly of the following described line: Commencing at the intersection of the south line of Tract C, Registered Land Survey No. 687, Files of the Registrar of Titles, County of Hennepin, Minnesota and the west line of the East 33 feet of said Tract C; thence on an assumed bearing of North along said west line, a distance of 56.38 feet to the actual point of beginning of the line to be described; thence deflecting to the right(as measured from north to east) 88 degrees 59 minutes 00 seconds a distance of 66.01 feet to a point on the easterly right of way line of said Eden Road and said line there terminating. PARCEL 3 That part of Eden Road(formerly Town Road as shown on Registered Land Survey No. 687), in Tracts C and D, Registered Land Survey No. 687, Files of the Registrar of Titles, County of Hennepin, Minnesota, lying southerly of the following described line: Commencing at the intersection of the south line of said Tract C and the west line of the East 33 feet of said Tract C; thence on an assumed bearing of North along said west line, a distance of 56.38 feet to the actual point of beginning of the line to be described; thence deflecting to the right(as measured from north to east) 88 degrees 59 minutes 00 seconds a distance of 66.01 feet to a point on the easterly right of way line of said Eden Road and said line there terminating. PARCEL 4 per Document No. 1176093 That part of Eden Road, formerly known as Town Road,being that part Tract D, Registered Land Survey No. 687, Files of Registrar of Titles, County of Hennepin, Minnesota, which lies southeasterly of a line run parallel with and distant 33 feet northwesterly of Line 1 described below: Line 1. From a point on the east and west quarter line of Section 14, Township 116 North, Range 22 West, distant 2557.59 feet west of the east quarter corner thereof, run southwesterly at an angle of 45 degrees 57 minutes 00 seconds from said east and west quarter line (measured from west to south) for 192.54 feet to the point of beginning of Line 1 to be described; thence deflect to the right at an angle of 87 degrees 05 minutes 48 seconds for 80.50 feet; thence deflect to the right on a tangential curve having a radius of 60 feet and a delta angle of 91 degrees 30 minutes 00 seconds for 95.82 feet; thence on tangent to said curve for 74.79 feet; thence deflect to the left on a tangential curve having a radius of 125 feet and a delta angle of 39 degrees 13 minutes 19 seconds for 85.57 feet; thence on tangent to said curve for 58.41 feet and there terminating; together with a permanent slope easement in the lands described as follows: A strip being that part of said Tract D hereinbefore described adjoining and northwesterly of the above described strip which lies southeasterly of a line run parallel with and distant 40 feet northwesterly of Line 1 described above; Together with a strip being that part of said Tract D hereinbefore described adjoining and northwesterly of the last above described strip which lies southeasterly of the following described line: From a point on Line 1 described above, distant 100 feet southerly of its point of termination, run northwesterly at right angles to said Line 1 for 40 feet to the point of beginning of the line to be described; thence run southwesterly to a point, distant 70 feet northwesterly (measured at right angles) of a point on said Line 1, distant 200 feet southwesterly of its point of termination; thence run southerly parallel with Line 1 for 60 feet (measure along said Line 1) and there terminating. RESERVING a Drainage and Utility Easement described as follows: That part of Eden Road(formerly Town Road as shown on the plat of Auditor's Subdivision Number 335),being in the Northwest Quarter of Section 14, Township 116, Range 22, Hennepin County, Minnesota described as follows: Commencing at the northwest corner of said Tract D; thence North 89 degrees 59 minutes 24 seconds East along the north line of said Tract D a distance of 166.99 feet to the point of beginning of the land to be described; thence continuing North 89 degrees 59 minutes 24 seconds East a distance of 33.00 feet to the East line of said Northwest Quarter of Section 14; thence North 01 degrees 00 minutes 24 seconds East a distance of 56.38 feet; thence South 89 degrees 59 minutes 24 seconds West a distance of 33.00 feet to the westerly right of way of said Eden Road; thence South 89 degrees 59 minutes 24 seconds West a distance of 56.38 feet to the point of beginning and there terminating. WHEREAS, a Public Hearing was held on June 5, 2007 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHERAS, the Council has been advised by City Staff that the proposed vacation of the above described Public Right-of-Way Easement and Slope Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Public Right-of-Way Easement and Slope Easement are not necessary and have no interest to the public, therefore, should be vacated; and WHEREAS, it has been determined that there has been satisfactory resolve of existing utility relocations of private utilities within the vacation area. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Public Right-of-Way Easement and Slope Easement as described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on September 4, 2007. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk t , Q � (1) 4 � D _...... . ' 4 OR• l PLAZA G/�ti O / DR. IS 5 0°� TECHNOLOGY DR. ..,>,,„,.............. 11 ,„„ „ /..,dtemmcl, 4/. LEONA RD, > / F"TF,p SITE )U;d' 5 o = 78th '1? >...7 ....---........ ....::`ETREE o �v JO REGIONAL CENTER • O 23 zD' EDEN PRAIRIE A 4• CENTER I �. Rq N. .0 /AU • STLEMO� DR. �� 0&Imola. �F.� �. �\\LL 9 y�'' PRAIRIE E ^ 67, /i ME D�4 .� DCn�. 0t97 ,.T \\C 68. 4 VAC 07-03 LOCATION MAP P 02007 Westwood Professional Services,Inc Call 48 Hours Ware digging: GOPHER STATE ONE CALL Twin City Area 851-454-0002 Mn.Tall Free 1-800-252-1186 _II L ----------- — angletree Lane r , I PROPOSED EASEMENT DESCRIPTION s, sp I I That part of Eden Road(f ery Town Road os shown on the p/at of Auditors SubdIHsdn Number 335),being In the z Northwest Quarter of Sect/n id,Townshp Ito.Range 22 Hennepin County,Minnesota desolbed as follows r J` §g I I Commencing at the northwest corner of sold Tract 0;thence North 89 degrees 59 minutes 24 seconds East east � r f — — alone north are of sold Tract 0 ocribe I thenceh66.9 continuing North 89 degrees 59 dminutes 24 ofistance /seconds East a difeet to thestanhce of 33100ot of d�t of to the the land E t line to beofsaid¢ .1§ Northwest Quarter of Section 14:thence North 01 degrees 00 minutes 24 seconds East a distance of 56.38 feet thence South 89 degrees 59 minutes 14 Road;thenceseconds Heat a distance of 3100 bet to the westerly right of way of said L w�ti II Eden Road; South 89 degrees 59 minutes 14 West a distance of 56.38 feet to the point of beginning and there I—-------—T— %. . RL.c 359 / rr' 6,, RI Ag " wI l5 // 1 l'/y cincl o- , xea°ss'x'e !z J /O " ) rJ �8 , �5, y / /r1+� ; I / // r I :�2 I // p I H° I 4 / r ��` I I •:/s j' // i I C13 / / Ij // I I �, / —_ I AoF // j I �p / I r / /-,-A / / // / i /// 9 m .: // o w e/13/m 66. s1 re OP 1 e "V »� tom Windsor I I I I y I Windsor Plaza LLC Plaza Drainagee�utili � I 12806��rr<.w,,,e Saeemnent Sketch YYbLwood ..,ww..osasen Priddy 38,m eb 33344 de.44e L P a 2007 Westwood Professional Services,Inc. PROPOSED VACATION DESCRIPTIONS Call Hours GOPHER STATE ATE before digging: ONE CALL Twin City Arno 651-454-0002 Mn.Tell Free 1-800-252-1165 I- I PARCEL 1 - y \ That part of Eden Road formerly known as Town Rood Tying within the South Half of Section 14,Township 116, Range 22 Hennepin County,MMneaota and lying northeasterly,northerly and northwesterly of the following described line: 1 n� Commencing at the northeast corner of the Southwest Quarter of Section 14,Township 116,Range 22 I ee Lana thence South 66 degrees 27 minutes 05 seconds West,assumed bearing,along Me north line af said southwest quarter a distance of 138.90 feet to the intersection with the northerly right of way line of I - - g Center Road and the actual paint of abegbning of the line to be described thence South 70 degrees52 minutes Jl seconds East a distance of 20.24 het;thence southeasterly a distance of 83.53 - 1 \ \ / feet along a non-tangentialmoscurve concave to the southwest having a radius of 454.18,a central angle of 10 degrees 32 minutes IJ mantle and a Mwtl basing o!South 29 degrees 02 minutes 06 seconds; thence rontbuing southeasterly trly a distance of 36.17 feet along a tangential reverse curve concave to the northeast having a radius of 51.83 rest and a central angle of J9 degrees 59 minutes 09 words,'thence northeasterly a distance of 14,44 feet along a tangent&compound curve concave to the north having a I / radius of I5.00 feet and a central angle of 55 degrees 09 minutes and 37 seconds;thence North 41 / degrees 02 minutes ""ftfon !th rosferlY right of way fine tof Eden Rood with menorthwesterly right ally feet to the 26 seconds East to the last / Cloud Drive and there terminating. I- (Abstract Property) �� I 1 - - - I - - - / PARCEL 2 Tor ~ I / /' That part of Eden Rood(r Tom(formerly To Road as shownon the plat of Auditor's Subdivision Number335),in the I / /// NEt/4 Section 14-T116-R22,Hennepin County Minnesota lying southerly of the ldlowbg described line' Commencing at the intersection of the south line of Tract C,Registered Land Survey No 687,Fifes of the _ / Registrar of Titles,County of Hennepin,Minnesota and the west line of the East 33 het of sold Tract C / thence on an assumed baring of North long sold west line,a distance of 56.38 feet to the actual point / / /• of beginning of the line to be described;thence deflecting to the right(as measured from north to east) 'J✓ I / // / 68 aegre 59 minutes 00 seconds distance of 6801 bet to a point on Me easterly right of way line of I� sold Eden Road and sold line Mere terminating. I8'1 h':.� / /// /// (r ens Property) M mmx c t a.ca.<ar `'�, I ^ // / PARCEL J That part of Eden Road(formerly Town Road as shown an Registered Land Survey No.687),in Tracts C and 0, wax ` TRACT / �/ / / Registered Land Survey No.687,files of the Registrar of Meg County of Hennepin,Minn..,lyog southerly of fJ ( 16 1 / the following absorbed line: l T I ins of Tract k / / / / Commencing at the intersection of the south line of said Tract C and the west line of the East 3J feet of ?�rJ / said Tract C thence on an assumed bearing of North long said west line,a distance of 56.38 feet to the I N / actual point of beginning of the line to be described-thence deflecting to the right(as measured horn 'eCtn be m Trai c�&I- ; I d I / / / northto east)88said degreeseno minutes OD seconds a distance o/66.01 feet to a point on the easterly right IIr1', ty JI of way line of said Eden Road and said line there terminating ;y-Ei / 171 < 4J / // (Torras Property) ``v' IJ 6 rrJ / / Int*of Ilne of Traci wIth ,+ - PARCEL 4 per Document Na. 1176093Ilne of the Road,known as Town eneMw.x-r ` / /// f9es o!Registart of den Road rr of)]flea,County of Hennepin,MM o.which lien southeasterly I a lneart Tract 0,Registered Land non parallel with Na b87, ond Treat c m.ss I v' A(� / / distant 33 feet northwesterly of Line/described below: `� __et Lne Inpac ,VJ / / / Line I. From a point on the east and west quarter line of Section 1A Township 116 North,Range 22 West / / distant 2557.59 feet west of the east quarter comer thereof,run southwesterly at an angle of 45 degrees \+J`4 / / / / tol minutes the point beginningLine 1 to be descriseconds from said east and nest bed;thencem de eflect to the night of onmeasured from west angle)of 87 deg for rees ;lbw;� wlfj v / 05 minutes 48 seconds for80.50 bet thence deflect to the right on a tangential curve having o radius of I so.ao 11$' A ` / / / / feet 60and a delta angle of 9/degrees 30 minutes 00 seconds for95.82 bet on thence tangent to said curve for 74,19 feet thence deflect to the left on a tangential curve having a radius of 125 feet and a delta angle of 39 degrees/3 minutes/9 seconds for 8557 feet thence on tangent to said curve for 58.41 feet Ji .I///I �yj ��‘+ / / and there terminating; I T(fl' II rjlJj4 `EJ� /'s / / / together with permanent slope easement M the lands described as follows:/ �.1s1 �c3' / +�/ / / / A strip being that part of sold Tract 0 hereinbefore deerbed adjoining and northwesterly of the above 1 AMF2i0I de bed strip which lies southeasterly o/a line run parallel with and distant 40 feet northwesterly of Line 1 aoT."fl n0Wp- 'y. 1r,4lnn` (J -y / absorbed above; sw �1 r.j�ru'r ' Together with a strip being that port of said Tract 0 hreinbeore described adjoining o northwesterly of the Fcsnct z mow I rei:Lif. / / / / last above described strip which lies southeasterly of the following described line:From o point on Line 1 nts.c sic ,v My mI/.f/e / / described for 40kfeel totant Othe point of beginning feet southerly of Its offfhet ol e to be termination. debedw thencef runatsou hht wrote�ily for a I/.1JV es to said It a /+F^ il 111111 wowwI: •J / / / coin4 distant 70 feet northwesterly(measured at right angles)of a point on said Line 1,distant 200 feet the Ica am a\ �1111P yiili ^r VVV/ southwester of its point of termination;thence cam south:parallel with Line 1 for 60 feet(measure along /I✓Ir ArJ / said Line 1)and there termbating _�i1� ��zl ef / / a'e sett / / (Toner,Prayer) v %IW..IIral J 'd \ 'ley. Q,v;STe ,i'sks• - ts{ °d'T4.v, ImE7w 14. /// .'°5ba��, y7e'�2°a1• / / v r /// %! I rt > R\'' rapt x // // / el('' I // Bearings m Mt yam,, wr 4/13/07 6e 20:11asor 1 n. �,...,` Windsor I "� , �MK . I I - I v : I Windsor Plaza LLC Plaza Sketch vacation I t786g��rti.e Lam »�Priddy s6vv.m ss6t4 i'ndaa s tau L CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Stuart A. Fox, Parks and Permit for Winter Use of the LRT Trail Natural Resources Manager Requested Action Move to: Authorize staff to submit a permit for the 2007-2008 winter season for usage of the LRT trail. The winter use permit will run from November 15, 2007 to March 31, 2008. Synopsis Currently, Three Rivers Park District does not provide use or maintenance of the LRT trail between November 15 and March 31 of each year; therefore, it is up to the City to request permitted use of the trail during this time. The City has entered into a permit agreement for the past several winters allowing hiking and cross-country skiing by the public on the LRT corridor trail. Without the City applying for this winter use permit, the trail would be signed as closed and unavailable to the public. Attachment 2007-2008 Winter Trail Activities Permit Application THREE RIVERS PARK DISTRICT REGIONAL TRAIL SYSTEM 2007-2008 WINTER USE PERMIT Name of City 8DE.i PkAi R I C City Hall Phone 9'5 Z- q' - S 36o Contact Person STD I FDx Phone 9 5z- 949- 544 T Regional Trail From Co. Qo. 6;2- 4,126.51131.00 to RiW`1 lc 22D. Authorized 2007-2008 Winter Activities wallows ) e.raf.s Cbt,61-' Ski r Regional Trail From to Authorized 2007-2008 Winter Activities Regional Trail From to Authorized 2007-2008 Winter Activities Regional Trail From to Authorized 2007-2008 Winter Activities Authorization is hereby requested from the Park District Board of Commissioners to use portions of the Regional Trail Corridor for winter use activities between November 15, 2007 and March 31, 2008, as determined by each municipality within guidelines set forth herein on District property located within individual City boundaries. " It is understood and agreed that approval from the Park District Board of Commissioners is contingent upon the following conditions: 1. The City agrees to defend, indemnify, and hold harmless the Park District, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its respective contractors, anyone directly or indirectly employed by the, and/or anyone for whose acts and/or omissions they may be liable for related to the winter use of the Regional Trail Corridor. If City maintains general liability insurance at the time this permit is issued, City shall provide the Park.District with a Certificate of Insurance, naming Three Rivers Park District as an additional named insured. 2. The City agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November 15, 2007 -March 31, 2008. For ice control on aggregate trails, Cities agree to use buff colored, 3/8" clear limestone chips from Edward Kramer and Sons, Burnsville, MN. Edward Kramer and Sons is the only aggregate pit that supplies the buff colored limestone that has been specified for use on these trails. Paved trails can be treated with a salt/sand mixture or other approved chemical treatments. The City further agrees to immediately address all safety issues on or adjacent to trails. 3. The City will provide signage at locations approved by the Park District, notifying the public of authorized winter activities within its city limits; activities may include, but are not limited to, hiking, biking, cross-country skiing, snowshoeing, or pet walking. Winter use signs must be installed by the City at designated locations prior to November 15, 2007 and removed by the City no later than April 15, 2008. These signs are totally the responsibility of each municipality. 4. Snowmobiling is not allowed on Park District regional trails. Permitted use for snowmobiles will be limited to direct crossings only. The Hennepin County Regional Railroad Authority (HCRRA) does not allow snowmobiling or other motorized use within its corridors. The Lake Minnetonka LRT Regional Trail and the Minnesota River Bluffs LRT Regional Trail are located on HCRRA corridor property and permission for a snowmobiling crossing of either corridor must be obtained from the HCRRA prior to requesting permission from the Park District for a snowmobile crossing of the regional trail within the corridor. If a snowmobile crossing is permitted, cities must take steps to keep snowmobiles from damaging paved trails, bridges and other property. 5. The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. 6. The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/or maintenance, including, but not limited to, bituminous/concrete repair, bridge deck repair, grading or adding aggregate pursuant to guidelines established by the Park District. • 7. The City agrees that winter trail use will be available to all persons, regardless of residence. Each City is required to submit its annual permit requests, including proposed rules and regulations, by September 21, 2007, after which the Park District may take up to 45 business days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. It should be further understood that no winter activity will be allowed on segments of the Regional Trail Corridor where municipalities do not request and receive permits. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: Date: Title: (Authorized Representative of the City) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Community Development Resolution amending Resolution No. 2007-14 by Molly Koivumaki, Manager, Amending the Meeting Dates for Human Rights Housing and Human Services and Diversity Commission for 2007 Requested Action Move to: Adopt resolution amending Resolution No. 2007-14 by amending the meeting dates for the Human Rights and Diversity Commission to the second Thursday of the month for September, October,November and December, 2007. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION AMENDING RESOLUTION NO. 2007-14 BY AMENDING THE MEETING DATES FOR THE HUMAN RIGHTS AND DIVERSITY COMMISSION FOR 2007 BE IT RESOLVED,that Resolution No. 2007-14 is amended by changing the meeting dates for the Human Rights and Diversity Commission to the second Thursday of the month for September, October,November and December, 2007. ADOPTED by the Eden Prairie City Council this 4th day of September, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Community Development Janet Jeremiah Housing&Human Services 2007 CDBG Subrecipient Agreements. Molly Koivumaki Requested Council Action: Move to: Adopt Resolution authorizing execution of the 2007 CDBG Subrecipient Agreements between the City of Eden Prairie and the activities to be undertaken with program funds. Synopsis: The City is required to execute subrecipient for each CDBG activity approved for funding. These agreements specify the requirements for implementing each activity. Activities approved by the City Council for 2007 include: Funding # Human Services Activity Level 1 PROP (People Reaching Out to Other People) $13,000 2 *** $2,000 3 HOME (Household& Outside Maintenance for $8,000 the Elderly) 4 HomeLine (Tenant's Advocacy Service) $5,000 5 Emergency Vehicle Repair $11,316 Sub Total $39,316 Housing Activities Funding Level 6 Housing Rehabilitation Deferred Loan Program $150,000 7 Affordable Housing/Land Trust $45,000 8 Fair Housing Initiative $2,663 9 Program Administration $29,290 Grand Total $266,269 Background: Eden Prairie is the recipient of an annual grant from the U. S. Department of Housing and Urban Development. Program regulations require that a Subrecipient Agreement be executed by the City and subrecipients which set forth the specific implementation processes for activities to be undertaken with program funds. *** Council approved$2,000 in for a child care subsidy program administered by Jewish Community Services (JVS). However, JVS cannot provide the subsidy program as originally planned, and therefore a new vendor is being sought. Attachment: Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENTS FOR THE 2007 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM(CDBG) WHEREAS Eden Prairie is the recipient of an annual grant from the U.S. Department of Housing and Urban Development, and PROP, HOME Line, Senior Community Services, and West Hennepin Affordable Housing Land Trust, are subrecipients that receive a share of the grant; and WHEREAS,program regulations require that a Subrecipient Agreement be executed by the City and subrecipients which set forth the specific implementation processes for activities to be undertaken with program funds. BE IT RESOLVED that the City Council of the City of Eden Prairie hereby authorizes and directs the Mayor and the City Manager to execute the Subrecipient Agreements between the City and the subrecipients on behalf of the city. ADOPTED by the Eden Prairie City Council on this 4th day of September 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: September 4, 2007 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. George Esbensen Fire Department Cell Phone Tower Rental Agreement Requested Action Approve the agreement between the City of Eden Prairie and T-Mobile Central LLC for cell tower rental at 9325 Dell Road. Synopsis The agreement includes construction of a new tower, the replacement of an emergency warning siren and the ongoing rental of the space including maintenance, and compliance with all city zoning and planning initiatives. Each tower and its infrastructure will meet the aesthetic requirements outlined by City of Eden Prairie. Background Information This agreement has been reviewed by City Planning, Radio Services and the City Attorney's office. T-Mobile agrees to replace the warning siren at this site in consideration for reduced rental rates over a five year period of time. This agreement will provide the city with a new tower, an upgrade in technology, a more dependable device, and secure a long term revenue stream with T-Mobile for tower rental. This agreement is in line with previous agreements. CITY COUNCIL AGENDA DATE: September 4, 2007 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. George Esbensen Fire Department Cell Phone Tower Rental Agreement Requested Action Approve the agreement between the City of Eden Prairie and T-Mobile Central LLC for cell tower rental at 13900 Holly Road. Synopsis The agreement includes construction of a new tower, the replacement of an emergency warning siren and the ongoing rental of the space including maintenance, and compliance with all city zoning and planning initiatives. Each tower and it's infrastructure will meet the aesthetic requirements outlined by City of Eden Prairie. Background Information This agreement has been reviewed by City Planning, Radio Services and the City Attorneys office. T-Mobile agrees to replace the warning siren at this site in consideration for reduced rental rates over a five year period of time. This agreement will provide the city with a new tower, an upgrade in technology, a more dependable device, and secure a long term revenue stream with T-Mobile for tower rental. This agreement is in line with previous agreements. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development/Planning Oak Creek at Hennepin Village Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 1.2 acres and from Medium Density Residential to Public Open Space on 1.6 acres. • Adopt a Resolution for Planned Unit Development Concept Review on 73.8 acres. • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5 on 1.8 acres and from Rural to R1-9.5 on 21.54 acres; and • Adopt the Resolution for Preliminary Plat on 73.8 acres into109 lots, 6 outlots and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The original plan for Hennepin Village approved in 2001 was a 249 acre mixed use project of single family, multiple family, neighborhood commercial, office and open space. • 184 single family homes • 511 townhouses • 4.5 acres of neighborhood commercial—30,000 sq. ft. • 68 acres of office • 71.5 acres of open space There were four phases in the master plan. Phases A, C, and D have been approved for rezoning and subdivision and are under construction. Site B has concept approval for 167 units, a mix small lot single family and townhouses. The proposed change is from 167single family and townhouse units to 106, R1-9.5 single family homes. The proposed net density is 5.18 units per acre. The plan presented to the Planning Commission had 105 lots. Since the meeting an access to Eden Prairie Road has been eliminated which created room for another lot. City Council Public Hearing—Oak Creek at Hennepin Village September 4, 2007 Page 3 There is also a 1.8 acre site west of Eden Prairie Road for 3, R1-13.5 single family lots. Background Information Waivers from the City Code in the R1-9.5 Zoning District are. • Lot size from 9,500 SF to 5,400 square feet. • Lot width from 70 feet to 60 feet. • Front yard setback from 30 feet to 15 feet. • Side yard setback from 5 and 10 feet to 5 and 9 feet • Rear yard setback from 20 feet to 10 feet for decks only. A front yard setback from 30 feet to 15 feet does not work. On lots where there is a sidewalk the setback from the out lot containing the private road to the garage needs to be 30 feet. This leaves room for a 5 foot boulevard, a 5 foot sidewalk and a 20 foot space to park a car in front. Some of the proposed homes with garage fronts may not fit on all of the lots. On lots without a sidewalk the setback can be 20 feet to the garage. Prospect Road is designed in conformance with intent of the recommendations provided in the Environmental Assessment Worksheet(EAW). The following items were incorporated: • Kittentail locations were located and avoided • Stormwater ponding was removed from the west side of the creek corridor. The existing ponding area east of the creek that was constructed with Site A is to be expanded • Seeps were identified within the creek corridor to be accommodated in the creek crossing design The final road design does result in an increased grading footprint due to grading within the right of way to provide adequate boulevard widths for safety and snow storage. Proposed wetland mitigation areas were also moved out of the creek corridor. The Consultant will be evaluating the ability to add some wetland mitigation on-site, potentially within the creek corridor. For example, former golf course pathways could potentially be converted to floodplain wetlands or secondary stormwater treatment systems could be utilized for wetland credit. However, prior to submittal to the City Council wetland mitigation plans will need to be submitted to the City and Riley-Purgatory-Bluff Creek Watershed District for review and approval. The construction timing of Prospect Road should be such that the roadway is constructed at least concurrently with the housing development and completed prior to the issuance of any occupancy permits. The project engineer has identified several sight line improvements on the existing segment of Prospect Road. The Developer has committed to the implementation of these improvements per the attached letter. City Staff is awaiting additional sight line analysis from the project engineer. City Council Public Hearing—Oak Creek at Hennepin Village September 4, 2007 Page 3 Dependent on the review of this information additional sight line improvements or plan modifications may be recommended. The 120-Day Review Period Expires on November 14, 2007. Planning Commission Recommendation The Planning Commission voted 4-1, with one abstention, to recommend approval of the project at the August 13, 2007 meeting with the direction for the developer to provide internal open space and to save more trees. Since the Planning Commission, the developer has analyzed the current site plan in an effort to determine the possibilities for saving significant large trees in the interior of the project. The project narrative and exhibits are attached which explains the analysis. Given the significant relief existing on the site, and the extent of grading and topographic change required to create suitable home sites and streets that meet city design standards, the conclusion reached in nearly all scenarios is that saving large oak trees in the interior of the project is not feasible. Most of the trees (and their critical root zones) are found at a much higher elevation than what the future development standards would require. Even if these trees could be preserved during initial construction, the disturbance to the root zones and the future "isolation condition would likely result in high mortality rates. Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat 4. Staff Report dated August 10, 2007 5. Planning Commission Minutes dated August 13, 2007 6. Location Map 7. Land Use &Zoning Maps OAK CREEK AT HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan ); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Oak Creek at Hennepin Village,by Hennepin Village Limited Partnership is for 109 single family homes; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: Guide Plan Change from Public Open Space to Medium Density Residential on 1.2 acres and from Medium Density Residential to Public Open Space on 1.6 acres. ADOPTED by the City Council of the City of Eden Prairie this 4th day of September, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk OAK CREEK AT HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF OAK CREEK AT HENNEPIN VILLAGE FOR HENNEPIN VILLAGE LIMITED PARTNERSHIP WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on August 13, 2007, on Oak Creek at Hennepin Village by Hennepin Village Limited Partnership 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 September 4, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Oak Creek at Hennepin Village,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 stamp dated September 4, 2007. 3. That the PUD Concept meets the recommendations of the Planning Commission August 13, 2007. ADOPTED by the City Council of the City of Eden Prairie this 4th day of September, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- (Oak Creek at Hennepin Village) Legal Description: Outlot A and Lot 3,Block 1,Spring Heights,according to eh recorded plat thereof,Hennepin County, Minnesota. That part of the Northeast Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County Minnesota, lying northwesterly of the centerline of Hennepin County State Aid Highway No 4. Excepting therefrom the following described tract: Commencing at the northeast corner of said Northeast of the Southeast Quarter,thence on a assumed bearing of South,along the east line thereof,a distance of 522.70 to the actual point of beginning: thence continue South, along said east line, a distance of 383.94 feet; thence Northl5 degrees 46 minutes 19 seconds West,a distance of 358.33 feet;thence Northeasterly of the point of beginning. Tracts A & B, Registered Land Survey No. 465, Files of the Registrar of Titles, Hennepin County, Minnesota. That part of the Southeast Quarter of the Northeast Quarter of Section 29, Township 116, Range 22,lying easterly of the centerline of Village Road(now Eden Prairie Road),northerly of the Registered Land Survey No 465, and southerly of line described as commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter,a distance of 681.13 feet to the point of beginning of the line to be described ; thence westerly,deflecting to the left 87 degrees 43 minutes 44 seconds,a distance of 1316.94 feet,more or less,to the west line of said Southeast Quarter of the Northeast Quarter and there terminating. That part of the South 225 feet of the Southeast Quarter of the Northeast Quarter of Section 29, Township 116,Range 22, lying westerly of Tract B,Registered Land Survey No. 465. The South 225 feet of the East 350 feet of the Southwest Quarter of the Northeast of Section 29, Township 116,Range 22. OAK CREEK AT HENNEPIN VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION APPROVING THE PRELIMINARY PLAT OF OAK CREEK AT HENNEPIN VILLAGE FOR HENNEPIN VILLAGE LIMITED PARTNERSHIP BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Oak Creek at Hennepin Village for Hennepin Village Limited Partnership stamp dated September 4, 2007, and consisting of 73.8 acres into 109 lots and six outlots, 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 4th day of September, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: August 10, 2007 SUBJECT: Oak Creek at Hennepin Village APPLICANT/ Pemtom Land Company OWNER: Lynn Charlson LOCATION: South of Flying Cloud Airport, east of Eden Prairie Road, and north of Highway 212 120 DAY REVIEW: Expires November 14, 2007 1. Guide Plan Change from Public Open Space to Medium Density Residential on 1.2 acres and from Medium Density Residential to Public Open Space on 1.6 acres. 2. Planned Unit Development Concept Review on 73.8 acres. 3. Planned Unit Development District Review on 73.8 acres. 4. Zoning District Change from Rural to R1-9.5 on 21.54 acres. 5. Zoning District Change from Rural to R1-13.5 on 1.8 acres 6. Preliminary Plat of 73.8 acres into 108 lots and 6 outlots. PROJECT The original plan for Hennepin Village approved in 2001 was a 249 acre mixed use project of single family, multiple family, neighborhood commercial, office and open space. • 184 single family homes • 511 townhouses • 4.5 acres of neighborhood commercial—30,000 sf • 68 acres of office • 71.5 acres of open space There were four phases in the master plan. Phases A, C, and D have been approved for rezoning and subdivision and are under construction. Site B has concept approval for 167 units, a mix small lot single family and townhouses. Staff Report—Oak Creek at Hennepin Village August 10, 2007 PROPOSED GUIDE PLAN CHANGE There are two guide plan changes. • Medium Density Residential to Public Open Space on 1.2 acres • Public Open Space to Medium Density Residential on 1.6 acres. Reasons to consider the guide plan changes: • Concentration of development to preserve open space. • Provides an additional single family product to the overall planned development. PLANNED UNIT DEVELOPMENTAMENDMENT The proposed change is from 167single family and townhouse units to 105, R1-9.5 single family homes. The proposed net density is 5.18 units per acre. There is also a 1.8 acre site west of Eden Prairie Road for 3, R1-13.5 single family lots. SITE B PLANNED UNIT DEVELOPMENT WAIVERS Waivers from the City Code are for lot size, lot dimensions and setbacks. R1-9.5 Zoning District • Lot size from 9,500 SF to 5,400 SF. • Lot width from 70 feet to 60 feet. • Front yard setback from 30 feet to 15 feet. • Side yard setback from 5 and 10 feet to 5 and 9 feet • Rear yard setback from 20 feet to 10 feet for decks only. A front yard setback from 30 feet to 15 feet does not work. On lots where there is a sidewalk the setback from the out lot containing the private road to the garage needs to be 30 feet. This leaves room for a 5 foot boulevard,a 5 foot sidewalk and a 20 foot space to park a car in front. Some of the proposed homes with garage fronts may not fit on all of the lots. On lots without a sidewalk the setback can be 20 feet to the garage. R1-13.5 District 2 Staff Report—Oak Creek at Hennepin Village August 10, 2007 • No waivers, the lots conform to the R1-13.5 zoning district standards. A planned unit development allows the city to grant waivers if: • The plan results in a more creative and efficient approach to the use of land. • The plan is designed in such a manner to form a unified environment within its own boundaries. • The waivers are justified by the design. • The waivers result in a better plan for the site than if no waivers are granted. PROSPECT ROAD/RILEY CREEK CORRIDOR Prospect Road is designed in conformance with intent of the recommendations provided in the Environmental Assessment Worksheet(EAW). The following items were incorporated: • Kittentail locations were located and avoided • Stormwater ponding was removed from the west side of the creek corridor. The existing ponding area east of the creek that was constructed with Site A is to be expanded • Seeps were identified within the creek corridor to be accommodated in the creek crossing design The final road design does result in an increased grading footprint due to grading within the right of way to provide adequate boulevard widths for safety and snow storage. Proposed wetland mitigation areas were also moved out of the creek corridor. The Consultant will be evaluating the ability to add some wetland mitigation on-site, potentially within the creek corridor. For example, former golf course pathways could potentially be converted to floodplain wetlands or secondary stormwater treatment systems could be utilized for wetland credit. However, prior to submittal to the City Council wetland mitigation plans will need to be submitted to the City and Riley-Purgatory-Bluff Creek Watershed District for review and approval. The construction timing of Prospect Road should be such that the roadway is constructed at least concurrently with the housing development and completed prior to the issuance of any occupancy permits. The project engineer has identified several sight line improvements on the existing segment of Prospect Road. The Developer has committed to the implementation of these improvements per the attached letter. City Staff is awaiting additional sight line analysis from the project engineer. Dependent on the review of this information additional sight line improvements or plan modifications may be recommended. NATURAL RESOURCES 3 Staff Report—Oak Creek at Hennepin Village August 10, 2007 • Riley Creek-A 300-foot wide dedicated area on either side of the creek protects Riley Creek. • Trees—Most of the trees on the steep slopes are preserved. Tree replacement is proposed as mitigation. • Steep Slopes - Steep slopes are protected by land dedication. • Wetlands—Portions of the floodplain wetland adjacent to Riley Creek will be filled for the road crossing. However, remaining wetlands, including any potential mitigation areas, would be protected by land dedication. • Miller Spring A 300-foot wide dedicated area protects the view shed. Infiltration will be maximized within the development areas to help treat and maintain stormwater infiltration into the springsheds for Miller Spring and the seeps within the creek corridor. HISTORIC, CULTURAL,AND ARCHAEOLOGICAL RESOURCES The following resources were identified in 1997 by Loucks &Associates, Inc., as part of a Phase I archaeological survey: • W.A. Frederick Farm(21HE305) • Prehistoric Site (21HE304) • Lorraine Sohm Residence (21HE306) Sites 21HE304 and 21HE306 appear to be outside the area of potential effect and require no further action at this time. Site 21HE305, the W.A. Frederick Farm is within the proposed project area and will be impacted. The Loucks &Associates report identified the site as the remnants of a late nineteenth century farmstead covering approximately 2 acres. The archaeological investigation completed at the farm site included survey, artifact sampling and photo documentation. No further action is required for the farm site ruins. The development proposal was also reviewed for potential visual/spatial impacts to nearby Fredrick-Miller Spring. It was determined through field inspection that the future development would not be visible from the spring site. The Heritage Preservation Commission reviewed the development of the site and did not request any additional professional work. The commission wanted to see more photo documentation and if possible a volunteer effort to remove artifacts that will be lost due to development. This would be at no cost or obligation to the owner and would be dependent on Staff finding someone willing to do this work. EDEN PRAIRIE ROAD IMPROVEMENTS The City is currently working on a Feasibility Study for improvements to Eden Prairie Road adjacent to this project. This development will need to participate in these improvements to Eden Prairie Road and will require a Special Assessment agreement. 4 Staff Report—Oak Creek at Hennepin Village August 10, 2007 FLYING CLOUD AIRPORT Flying Cloud Airport is located approximately 3/4 mile to the northeast of the property. Safety Zones Safety zones are established to protect the approach corridor from obstructions and other hazards to aircraft. All homes are located outside these zones. Noise Zones The Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise are used in determining land use compatibility with the airport. Noise zones are based on noise contours determined from forecasted aircraft operations at the airport and are shown as DNL 60 and DNL 65 contours. Neither of these contours overlay the property based on the existing or expanded airport (Alternative E with noise mitigation). Because of the projected number of aircraft over-flights to occur in this area,the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. This is similar to the other Hennepin Village developments. UTILITIES City sewer and water will need to be extended to this site by the developer. Sewer and water is currently within Eden Prairie Road north of the proposed Prospect Road location. WATER QUALITY The proposed plan provides required storm water ponding, including the use of infiltration basins such as rainwater gardens within the development. TREE REPLACEMENT There are 15,491 diameter inches of significant trees. A total of 5,197 inches will be lost due to construction. The required tree replacement is 2,350 inches. The plan provides 1,862 inches. The plan should be revised to provide an additional 488 inches. SIDEWALKS AND TRAILS 5 Staff Report—Oak Creek at Hennepin Village August 10, 2007 The plan provides the required trails and sidewalks. STAFF RECOMMENDATION Recommend approval of the following request: • Guide Plan Change from Public Open Space to Medium Density Residential on 1.2 acres and from Medium Density Residential to Public Open Space on 1.6 acres. • Planned Unit Development Concept Review on 73.8 acres. • Planned Unit Development District Review on 73.8 acres. • Zoning District Change from Rural to R1-9.5 on 21.54 acres. • Zoning District Change from Rural to R1-13.5 on 1.8 acres • Preliminary Plat of 73.8 acres into 105 lots and 6 outlots. This approval is subject to the recommendations of this Staff Report dated August 10. 2007; the plans stamped dated August 10. 2007 following: 1. Prior to City Council review, the proponent shall, A. Revise the tree replacement plan to include 488 additional inches of trees. B. Provide a wetland mitigation plan to the City and Watershed District for review and approval C. Provide plans that show how the seeps within the creek corridor will be incorporated into the design to ensure they are not inhibited, diverted or result in temperature increases of the discharge waters by the creek crossing 2. Prior to Final Plat approval, the proponent shall A. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. 3. Prior to grading permit issuance, the proponent shall install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 4. Prior to Building permit issuance, the proponent shall: A. Provide building documentation to the Building Official verifying that the houses will meet an interior noise reduction to 45 dBA according to the Metropolitan Council's Builders Guide. B. Meet with the Fire Marshal to go over fire code requirements. C. Submit samples of exterior building materials for review. 6 Staff Report—Oak Creek at Hennepin Village August 10, 2007 D. Submit a landscaping and tree replacement bond for review. E. Pay the appropriate cash park fee. 4. The following waivers from the City Code are granted as part of the Planned Unit Development District review in the R1-9.5 and RM 6.5 Zoning District: R1-9.5 Zoning District o Lot size from 9,500 SF to 5,400 SF. o Lot width from 70 feet to 60 feet. o Front yard setback from 30 feet to 15 feet fro house only on all lots, 20 feet to garages on lots without a sidewalk, and 30 feet to garages on lots with a sidewalk. o Side yard setback from 5 and 10 feet to 5 and 9 feet o Rear yard setback from 20 feet to 10 feet for decks only. 5. This development will need to participate in improvements to Eden Prairie Road and will require a Special Assessment agreement. 6. The project engineer has identified several sight line improvements on the existing segment of Prospect Road. The Developer has committed to the implementation of these improvements per the attached letter. City Staff is awaiting additional sight line analysis from the project engineer. Dependent on the review of this information additional sight line improvements or plan modifications may be recommended. 7. The construction timing of Prospect Road should be such that the roadway is constructed at least concurrently with the housing development and completed prior to the issuance of any occupancy permits. 7 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 13, 2007 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, Kevin Schultz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Michael Franzen, City Planner Julie Krull,Recording Secretary B. OAK CREEK AT HENNEPIN VILLAGE Request for: Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 1.3 acres and from Medium Density Residential to Public Open Space on 1.6 acres; Planned Unit Development Concept Review on 73.8 acres; Planned Unit Development District Review on 73.8 acres; Zoning District Change from Rural and R1-9.5 on 21.54 acres; Zoning District Change from Rural to R1-13.5 on 1.8 acres; Preliminary Plat of 73.8 acres into 105 lots and 6 outlots. Dan Herbst, of Pemtom Land Company,presented the proposal. He gave a brief history of the project. He stated in 2001,the original Hennepin Village Land Use Plan had 75 acres guided for office; the remaining land was guided for different types of housing. There were parcels of land not included in this plan. These owners asked to be included in this land use plan. There was also an amendment from the Airport Commission to eliminate four buildings on this project; which would bring the number of homes down from 184 to 167. Tonight nothing has changed except for parcel B, which would be downsized from 167 units to 105 units. Mr. Herbst stated Ryland Homes would be building the homes on the site. He also pointed out there would be many amenities on the property;pool complex, trail system, and overlook shelters are some of the examples. He stated there would be 50 acres of office component, which could have a value of 50 million dollars worth of commercial real estate. Mr. Herbst projected when the project is complete, they will have given the City dedicated land in the amount of$7,100,000. Brian Sullivan, of Ryland Homes, discussed the types of homes that would be built on the site. He pointed out the trend now is towards homeowners having their own lots, so they are proposing more single family homes. They will be smaller single family homes because it is found people do not want huge lots. He pointed out they have looked at the market for architectural aspects of homes and are working on streetscape. Garages will be pushed back and front porches added to the homes. There will be different styles of homes to pick from; they will be 3-4 bedroom homes. Stoelting asked the price range of these homes. Mr. Sullivan said the price range would be from the low$400,000's to around$600,000. Stoelting asked Franzen to review the staff report. Franzen stated staff recommends approval according to the recommendations listed on page 6 and 7 of the staff report, and pointed out the conditions of approval should include 5, 6. and 7. Stoelting opened the meeting up for public input. Dean Edstrom, of 10133 Eden Prairie Road, asked Mr. Gray if the City had a grading plan in effect for this project. He stated the grading of the land would have an environmental impact on the south slope of the property. He pointed out if there is water run-off it would negatively impact the land. Mr. Edstrom stated he is also concerned with the significant tree loss in this area. Doug Ispell, of 9767 Sky Lane,pointed out his home overlooks the area and he is concerned with screening in the area. He also questioned the three access points onto Eden Prairie Road, and feels this could create traffic problems. K.W. O'Brien, or 17135 Beverly Drive, stated it appears Eden Prairie Road ends at the south end of the development and asked if that was correct. He also asked what the plan for Beverly Drive would be and what the main access and egress to this property would be. Chris Bunn, of 9850 Eden Prairie Road,pointed out his home is at the corner of Eden Prairie Road and Beverly Drive. He stated he is concerned about the appearance of Eden Prairie Road and would like to know how close the houses would sit to Eden Prairie Road. He pointed out currently the land is lower than Eden Prairie Road and asked if there would be a plan to elevate this part of the land. Jeff Strait, of 15021 Summerhill Drive, said Hennepin Village has a lot of great things to it,but he has some questions and concerns. He stated he is concerned over the tree loss to the area. He asked why there is a culvert over Riley Creek versus a bridge. He would also like to know more about infiltration and rain water gardens associated with this project. He would also like someone to address the issue of grading on the new Prospect Road, making sure the crossing is safe. Sue Johnson, of 10065 Eden Prairie Road, asked what the coloring of the setback area on the south and east side means. Stoelting summarized the concerns and questions as follows: 1. Tree loss 2. Drop-off of homes overlooking the creek and the concern over storm water run-off. 3. Benefits of setbacks. 4. Screening of Eden Prairie Road. 5. The three access points onto Eden Prairie Road. 6. The future of Eden Prairie Road as it moves down to Hwy 212. 7. Access and egress to this property. 8. Appearance of Eden Prairie Road. 9. Bridge versus culvert. 10. Infiltration ponds. 11. Grading on Prospect Road. 12. Setbacks of houses on the south and east side. 13. Elevation of site on the east side of Eden Prairie Road versus the west side. Cory Meyer, landscape architect for Westwood Professional Service, addressed the landscaping and setback issues. He utilized the overhead projector to show the footprint of the project. He pointed out the proposed land use plan does show limits of the overall footprint. He stated the grading plan does not take into account the original development area. In addressing the issue of the trees, he pointed out there was a combination of different trees surveyed. He pointed out that out of 15,000 inches of trees on the site, 5,200 inches are being removed. Koenig asked Mr. Meyer to explain exactly where the trees were going to be taken out. Mr. Meyer utilized the overhead projector to show where the trees would be removed. Koenig asked if the removal would take place along the ridge. Mr. Meyer concurred it would. Mr. Meyer pointed out in regards to screening and landscaping, he said the amount on this site would be extensive. He stated they would also be planting additional trees for screening along Eden Prairie Road. Stoelting asked what size the replacement trees would be. Mr. Meyer said they would be between 3-5 inches; similar to the size of trees in Hennepin Village. Mr. Meyer stated their intention is to work with City Staff for construction of the rain gardens. Stoelting asked if there was a berm or elevation difference to Eden Prairie Road. Mr. Meyer said Eden Prairie Road is higher than the homes so berming would be impossible to do. He pointed out with regards to setbacks, the homes which back up to Ms. Johnson's property would include an additional 15 foot setback. Stoltz asked how many trees would be taken out on the developable part of the property. Mr. Meyer said the total would be 4,200 inches and on the slope side it would be 750 inches. Dwight Jelle, of Westwood Professional Services, said in regards to grading as it relates to infiltration, they do plan for emergency overflows along the bluff lines. He pointed out some of the rain water gardens would be on home properties, some by streets, and a big one by the pond. Mr. Jelle said the City will be responsible for designing Eden Prairie Road and pointed out there should be no significant grade change and it should widen from 24 feet to 32 feet. Franzen stated some reasons why the City should grant these waivers. He said the City will get 50 acres of dedicated land, cash park fees,protection on Riley Creek Valley,protection of the river bluff, an extensive public trail system, and an infiltration system. Franzen pointed out by granting the waivers, the City is getting fair trade. Franzen added if the project was only covering the net 20 acres with 100%tree loss, staff would not recommend approval of the project,but in this case the big picture of the project benefits outweigh the net tree impacts. Gray pointed out there are three access points to Eden Prairie Road; two private roads and Prospect Road. He said south of Beverly Road the traffic would be decreasing and roadways would be 32 feet wide. In regards to a bridge versus a culvert, Gray said this issue is partially economics and also the function of how utilities work in the area. The major ponding for this site is on the other side the property; which gives the City the opportunity to utilize the area on the east side of the creek. There is a 12 inch water main coming from Spring Road. The culvert would hold up longer than the bridge. There are also potentially freezing temperatures which could create slipping on the bridge deck. Stoelting asked what the status was on the club house which is located on the property site. Franzen said in regards to the open space plan, they asked the developer to take out the building. Jeff Strait asked about the trail along the creek. Gray said the trail crossing would be protected along the corridor. Fox said the trail crossing would be a nature trail and not a paved trail; hence it would not have a lot of traffic on it. Dean Edstrom made the comment the Commission should observe where the grading will take place on this property. Chris Kline, of 9700 Eden Prairie Road, said he has a hardship with the widening of Eden Prairie Road. His concern is it will impact his driveway. Gray said in regards to grading, there will be a couple of properties which will present a concern and the City will be addressing those. Powell said it appears there will be 22-24 acres of housing development and asked what percentage of significant trees would be taken out of the specific area. Mr. Jelle clarified it would be on 22 acres and 100 percent of the trees would be taken down. Powell said development should work around the trees. Dan Herbst pointed out a swimming pool and tot lot would be developed on the property, and would also include an overlook. Fox said in looking at the significant trees on the site, the total inches being taken down are only 30 percent tree loss for the total site. In looking at those figures, the developers are consistent with other residential projects. Pitzrick said he appreciated Powell's comment and would also like some trees saved on the property; even if on just one lot. Pitzrick had some concerns over the issue of bridge versus culvert and asked why there was not a report on this. Pitzrick said he would like to have a thorough study done of bridges versus culverts. Pitzrick also said the issue of Prospect Road should be brought back to the Commission and there is a lot more that needs to be done with Eden Prairie Road. Kirk said he would like to see Prospect Road taken off this request because it was already addressed and approved by the Commission and Council. He said the owners of property have rights and need to come up with a compromise. Kirk said what is on the table tonight is a reasonable compromise. Koenig said she agrees with Pitzrick. There are a lot of questions which need to be addressed and she would like to see this continued. Powell commented the Commission did not come to a resolution of a bridge or culvert. He said he is struggling with clear cutting and cannot support this now. He said he would like to keep the bigger trees in the area. Stoltz said it is a tough situation and in looking at development he is not comfortable with the tree loss on the project. Stoelting asked Franzen about the long history of this project in the fact we wanted mixed-use on the property and also wanted to preserve the natural resources in the area, and wanted him to talk about the density transfer concept. Franzen said as part of the 2001 master plan the City agreed to grant waivers and transfer density in order to preserve natural resources. The plan showed areas for preservation and areas to be developed. The last phase of the 250 acre plan is consistent with the approved plan for areas to be preserved and developed. He added that typical park dedication is 25 acres or cash park fees. In this situation the City gets 50 acres dedicated cash park fees and trails. Stoltz commented he would like to see this project fine-tuned a bit. Pitzrick said he would like to see this project continued. Stoelting advised the Commission Members if they are seeking a continuance,there should be very specific instructions given to the project proponent in regards to this. Koenig said she would like Staff to look at or agree the proponent should satisfy the first staff recommendation listed on page 6 of the staff report, and to include all parts on 1; which would be parts A, B, and C. She also asked who would be maintaining the rain gardens and the upkeep to the paths. Stoelting asked Mr. Herbst if he had a problem with the tree replacement plan. Mr. Herbst said they would be sticking to their original plan because there is physically no other place to put trees along the road. Stoelting asked the project proponent about a wetland mitigation plan. Mr. Herbst said they are not going to spend all that money to put into wetland mitigation. He stated they are doing all they can to preserve the trees in the area,but some would just have to go. He reiterated the City is getting approximately 7 million dollars in land. He would like the Commission to act on this tonight and said the Commission has been very tough on them since initially coming to them in 2001. Pitrick asked about the bridge issue. Gray said he will never recommend a bridge in this location because he sees no advantage to it. Stoelting said he would like the Commission Member to make a decision. Kirk said it was unreasonable to hold this project proponent to a higher standard than other areas in Eden Prairie. Stoelting asked Mr. Herbst if he would be willing to adjust his plans and reduce tree loss. Mr. Herbst said he would not be willing to adjust his plans. Pitzrick asked if there was a final financial obligation with the City and project proponent. Gray said the development agreement would include this information. MOTION by Kirk, seconded by Pitzrick to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Pitzrick, to move to recommend approval of the Comprehensive Guide Plan Change from Public Open Space to Medium Density Residential on 1.3 acres and from Medium Density Residential to Public Open Space on 1.6 acres; Planned Unit Development concept review on 73.9 acres; Planned Unit Development District Review on 73.8 acres; Zoning District Change from Rural to R1-9.5 on 21.54 acres, Zoning District Change from Rural to R1-13.5 on 1.8 acres, and Preliminary Plat of 73.8 acres into 105 lots and 6 outlots based on plans stamped dated August 10, 2007, and the staff report dated August 10, 2007. Powell suggested adding a friendly amendment asking the project proponent to add more open space to this project. MOTION by Kirk, seconded by Pitzrick, to amend the motion to have the project proponent provide more open space to the interior of the project and decrease tree loss. Motion carried 4-1,with one abstention. Area Location Map - Oak Creek at Hennepin Village Address : 9700 Block of Eden Prairie Road -.) i , „ : - - Eden Prairie Road . - fl ,- :-- --- ,------ ---- -- , - „.....___ ___ __ , , „ , - 11: ''''''''' -- : :::::'''''''''"'"': :: '''---- ' ' _. — .. _ -, ,_:::: :::.....,.. .:,,, -,,-;-, -,---: -.,-.:.-.::.- -.-.-_-_,-.,.:::-. .........:.....::...„,,:::...,„...., , : .. . ,.- , vask: . ..„ .. ..\.., „ . ..... , : ,„.... .. :........: ' . . _____. ;„, , ___ ., ....„. . .., ._.. _ . . .: ....,..... , ' ., . . ,.. , . .. � ,rs .. ..... _ .. ,� SITE , : . 7.-- Beverly Drive. , ,,...:._ :_ ::: .: . ' _ T / Flying Cloud Drive No,Scale Zoning Map Oak Creek at Hennepin Village 9700 Block of Eden Prairie Road, Eden Prairie, Minnesota 7i: . — I Eden Prairie Rd m off � DEB gt. i �- SITE = r,� r1�� _- n r� f�l►j r� ear Beverly Dr. I]I1-I Cf �fI/, Spring Rd a .1 ® III` 11111111111111 - l I I I I I I I= -I= �$ . I _m� = Eli11i ` III / 1111111114Pl II, `Air.4,/ , ____. Ic_________tims lor) _ 2"lIlliMIIIIIIIIIIIFI."'"------------"P' - - L IIIIIPIUIIII"ir________,------_ Flying Cloud Dr \\(\- , Landuse022107 In Highway Commercial Shoreland Management Classifications N Rural One Family-10acre min. IIM Regional Service Commercial I NE I Natural Environment Waters R1-44 One Family-44,000 sF.min. I-Regional Commercial I RDI Recreational Development WatersA R1-22 One Family-22,000 sf min. I 1 Industrial Park-2Acre Min, [Go] General Development Waters(Creeks Only) IN R1-13.5 One Family-13,500 sf min. Mil Industrial Park-5Acre Min_ P7A 100- Year Floodplain Rt-9.5 One Family-9,500 sf min. IN General Industrial-5Acre Min. Highway#312 West of County Road#4 is proposed and under construction at this E E N RM6.5 Multi-Family .7 U.P.A max. I I Public time. F - -1 RM-2.5 Multi-Family-17.4 U.P-A max. Up dated through Ordinance#10-2007 PRAIRIE Y I I Golf Course Ordinance 1i33-2001(BF!Addison)approved,but not shown on this map edition I Office L i Wales - Date:March 1,2007 LIVE•wOHK•i1NEAM FlNeighborhood Commercial I 1 Right-of-Way In me or d,screparcy rehlacElo a xonin2 classfulcan on I.saonaiymap.o-,aEn,m, CommunityCommercial E.ate,.legal elm rn fie at Elan 1,na�f Cu..*peal_ L_, I I Chanhassen City limits Guide Plan Map Oak Creek at Hennepin Village 9700 Block of Eden Prairie Road, Eden Prairie, Minnesota -4: c: k AMINE 1 Eden Prairie Rd I /J III ip \\„,,,,, ...11 .-1--., it: n.,,... rwt4111(41 J ` r�s ` Ma .. * p = —I,,,..,._ 41Pil /f Beverly Dr : = llll ........„44,, Mrillki' t - 4.. ,. ,4 t `,/ Spring Rd = `�. 0 1 t _ Is. r / a rsm �` 1 F 1�1ninh�IItI �, Allikl Argo May aripiMf a \\ Flying Cloud Dr ' AL All LandUse022107 I 1 Neighborhood Commercial -Metropolitan Urban Service Line(MUSA) DATE Approved 03-10-03 I I Low Density Residential 0-2.5 Units/Acre I I Community Commercial Creeks DATE Revised0147-0a DATE Revised 11.07.35 !//J Low Density/Public/Open Space Principal Arterial DATE Revised 02-73-06 Regional Commercial DATE Resssed 03-23-00 I I Medium Densityresidential 2.5-10 Units/Acre!I®Park/Open Space ®AMinor Arterial DATERevrsed 06-23-00 p p DATE Revised 12.66.06 —B Minor Arterial DATE Revised 03-01-07 I-1 Medium Density Residential/Office 1 I Public/Quasi-Public ®Major Collector Inl High Density Residential 10-40 Units/Acre I I Coif Course —Minor CollectorIP , 1 I Office =I Church/Cemetery EDEN Office/Industrial { I Open Water Office/Public,/Open Space 1 I Right-Of-Way N PRAIRIE NE Industrial I I Parcels METROPOLITAN AIRPORTS CI NaliSSION. ,0,..* .40,, Minneapolis-Saint Paul International Airport t ' 6040 - 28th Avenue South • Minneapolis, MN 55450-2799 Phone (612)726-8100 9N�IRwaRtS August 31, 2007 Mr. Michael D. Franzen City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: City Council Public Hearing Oak Creek at Hennepin Village Dear Mr. Franzen: The Metropolitan Airports Commission(MAC) has reviewed the proposed Oak Creek at Hennepin Village PUD. The MAC has continuing concern with the development and the introduction of new residential structures in close proximity to Flying Cloud Airport (FCM). As the City is well aware,total aircraft operations as well as turbo jet aircraft operations are projected to increase in the future. These aircraft will most likely use the runway closest to the planned development, Runway 10R/28L, since it is the airport's longest runway and has navigational equipment to guide aircraft during all weather conditions. The City and the MAC also worked extensively toward an agreement(Final Agreement) that designates Runway 10R/28L as the preferred runway for noise abatement for both daytime and nighttime operations. Pilots are requested to turn to the south towards the Minnesota River Valley, thus flying directly over the proposed residential development area. The proposed 105 single family homes will be in the direct path of the preferred noise abatement routes for both daytime and nighttime operations. MAC staff regularly speaks to pilots regarding the preferred noise abatement routes and holds biannual briefings with the airport users to reinforce the importance of flying these routes. As recently as the spring of 2007, MAC, at the request of the Flying Cloud Airport Advisory Commission and the City Council, worked directly with an air ambulance helicopter operator based at FCM to emphasize the importance of the preferred noise abatements routes particularly during the nighttime hours. Furthermore, the northern edge of the proposed development is immediately adjacent to the 2010 Preferred Alternative 60 DNL noise contour and State Safety Zone B. Although there is no direct conflict with the Final Agreement between the MAC and City of Eden Prairie, given the proximity to the 60 DNL contour and Safety Zone B, the proposal appears to be counter to the spirit of the The Metropolitan Airports Commission is an affirmative action employer. www.mspairport.com Reliever Airports: AIRLAKE •ANOKA COUNTY/BLAINE •CRYSTAL •FLYING CLOUD •LAKE ELiM0 •SAINT PAUL DOWNTOWN agreement to reduce existing and future noise impacts around FCM through cooperative efforts from an operational and planning perspective. The Oak Creek at Hennepin Village proposed development is beyond the federally defined noise area. However,the proposed residential units are directly under aircraft flight paths and residents will both see and hear aircraft during the daytime and nighttime hours. Since this is a potential new development under existing flight paths, there should be no expectation that MAC will provide noise mitigation or noise attenuation testing for these units as outlined in the Final Agreement. Also, if this development proceeds, construction should meet or exceed the land-use compatibility guidelines for new development set forth in the Met Council's Transportation Policy Plan. Finally, it is essential that new residents are aware of the important role that the Flying Cloud Airport serves in the community, as well as the operational activity and proximity to their new home prior to completing their home buying process. MAC requests that the developer notify all potential residential home purchasers that the property is located near the Flying Cloud airport, which is owned and operated by MAC, and that the MAC currently has under consideration the expansion of the airport runways, which may affect the property. Further infoLmation can be obtained from. the MAC at 612- 726-8100. Thank you for the opportunity to comment on the proposed development. Sincerely, R Fuhrmann Director of Environment CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/Planning William Small Property Janet Jeremiah Scott Kipp Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 5.01 acres; and • Adopt the Resolution for Preliminary Plat of 5.01 acres into nine lots and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is a nine lot single family development that conforms to City requirements. Background Information The 120-Day Review Period Expires on November 14, 2007. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the August 13, 2007 meeting. Attachments 1. Resolution for Preliminary Plat 2. Staff Report dated August 10, 2007 3. Planning Commission Minutes dated August 13, 2007 4. Location Map 5. Land Use &Zoning Maps WILLIAM SMALL PROPERTY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION APPROVING THE PRELIMINARY PLAT OF WILLIAM SMALL PROPERTY FOR PEMTOM LAND COMPANY BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of William Small Property for Pemtom Land Company stamp dated September 4, 2007, and consisting of 5.01 acres into nine lots and road right-of-way, 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 4th day of September, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: August 10, 2007 SUBJECT: William Small Property APPLICANT/ OWNER: Pemtom-Alice LLC LOCATION: 16525 Beverly Drive 120 DAY REVIEW: Expires November 14, 2007 REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 5.01 acres 2. Preliminary Plat of 5.01 acres into 9 lots. Staff Report—William Small Property August 10, 2007 Page 2 BACKGROUND This project has been continued over the last year due to issues relating to the planning of the Oak Creek at Hennepin Village proposal to the east, which will ultimately provide the necessary utility infrastructure for the proposal. The Comprehensive Guide Plan shows this property as Low Density Residential for up to 2.5 units per acre. Surrounding land uses consist of Low Density Residential to the north, south and west, and Medium Density Residential to the east within Hennepin Village. Current zoning for the site and surrounding property is Rural. This site is part of the Cedar Hills West subdivision approved in 1979 consisting of ten, five-acre rural lots served by existing well and septic systems. In July 2003 the City Council approved a concept plan showing nine single family lots for future rezoning to R1-13.5 once city sewer and water was available. PRELIMINARY PLAT The proposed plat shows nine single family lots ranging is size between 14,425 sq. ft and 33,102 sq. ft. All lots meet code in the R1-13.5 zoning district for lot frontage, width, depth, and size. Density for the site is 1.8 units per acre, consistent with the Low Density Residential guiding for the area. All structure setbacks are shown to conform to the R1-13.5 zoning district. The existing house on the property was demolished in the summer of 2006. All lots will take access internally. No direct access to Beverly Drive or Eden Prairie Road will be permitted. The proposed road extends to the south property line to accommodate future development of the adjacent property. GRADING AND TREE LOSS There are 266 diameter inches of significant trees on the property. The plan shows 137 diameter inches of trees to be lost, or 51%. Tree replacement required is 94 caliper inches. The plan shows 102 caliper inches meeting code. UTILITIES,WATER QUALITY AND ROADS Sewer and water will be available to the site as part of the Oak Creek at Hennepin Village development currently being reviewed by the city. Storm water will be directed to a NURP pond at the northeast corner of the site. The NURP pond has been sized to treat storm water from the portion of Eden Prairie Road corridor adjacent to the property. A 30' drainage and utility easement has been placed over the rear area of Lot 4 to protect an existing infiltration area. The pond discharges to the storm sewer system within Eden Prairie Road; therefore the Eden Prairie Road Improvements must be in place prior to the project being constructed. An Staff Report—William Small Property August 10, 2007 Page 3 acceptable alternative is to tie into the storm sewer system within Oak Creek at Hennepin Village with appropriate storm sewer design and sizing. The developer is responsible for constructing all streets and utilities for the project, including that portion of Beverly Drive up to Street A to public street standards. This development will need to participate in improvements to Eden Prairie Road and will require a Special Assessment agreement. FLYING CLOUD AIRPORT Flying Cloud Airport is located approximately one mile to the northeast of the property. Safety Zones Safety zones are established to protect the approach corridor from obstructions and other hazards to aircraft. All homes are located outside these zones. Noise Zones The Metropolitan Council's Land Use Compatibility Guidelines for Aircraft Noise are used in determining land use compatibility with the airport. Noise zones are based on noise contours determined from forecasted aircraft operations at the airport and are shown as DNL 60 and DNL 65 contours. Neither of these contours overlay the property based on the existing or expanded airport (Alternative E with noise mitigation). Because of the projected number of aircraft over-flights to occur in this area, the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. This is similar to Hennepin Village and The Ridge at Riley Creek developments. STAFF RECOMMENDATION Staff recommends approval of the following request: • Zoning District Change from Rural to R1-13.5 on 5.01 acres. • Preliminary Plat of 5.01 acres into nine single family lots and road right of way. This is based on plans stamp dated July 10, 2007, the staff report dated August 10, 2007, and the following conditions: 1. Prior to release of the fmal plat, the proponent shall: Staff Report—William Small Property August 10, 2007 Page 4 A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District showing that the development will be connected to available public utilities. B. Enter into a special assessment agreement for public improvements to Eden Prairie Road. C. Submit an airport disclosure statement for review by the City Planner that address the proposed airport expansion and associated aircraft over flights. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 3. 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 for 102 caliper inches. B. Provide building documentation to the Building Official verifying that the houses will meet an interior noise reduction to 45dBA according to the Metropolitan Council's Builders Guide. C. Pay the Cash Park Fee. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 13, 2007 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, Kevin Schultz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Michael Franzen, City Planner Julie Krull,Recording Secretary C. WILLIAM SMALL PROPERTY Request for: Zoning District Change from Rural to R1-13.5 on 5.01 acres; Preliminary Plat of 5.01 acres into nine lots and road right-of-way. Dan Herbst, of Pemtom Land Company,presented the proposal. He said the property is over Beverly Drive and they would like to develop this into 9 lots. They are proposing 9 single family lots on this area. Stoelting asked Franzen to review the staff report. Franzen said the project conforms to the zoning requirements and Staff recommends approval. Stoelting opened the meeting up for public input. Chris Kline, of 9700 Eden Prairie Road, asked why they are requesting road right-of-way. Gray said he does not completely understand the question,but said they are not giving them more right-of-way to Eden Prairie Road or Beverly Drive. K.D. O'Brien, of 17135 Beverly Drive, asked if any consideration was given to property owners on other lots. Gray said when the Beverly Drive neighborhood was created, some ghost plans were created. What you are seeing today is not a ghost plan but a different plan. It will extend water mains and sewers west of the Beverly Drive corridor. There will be no economic impact to the City or residents in the area for this. Kirk commented in looking at the guide plan, it is guided low density residential. Gray said if the neighbors petitioned this and neighbors wanted sewer and water in the area, the expense would be shared amongst the homeowners and would be very expensive. MOTION by Stoltz, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk, move to recommend approval of the Zoning District Change from Rural to R1-13.5 on 5.01 acres and Preliminary Plat of 5.01 acres into nine lots and road right-of-way based on plans stamped dated August 10, 2007, and the staff report dated August 10, 2007. Motion carried 6-0. Area Location Map - William Small Property Address . 16525 Beverly Drive r - % Eden Prairie Road11.:1': 4 t `r f-- ` :. : : ".. ..:: ::::-.....:„....,: i f- ...:.,,- 1. '..7.-, j,1 Beverly Drive h iill ._]� f x -••..:: :::--•:.,.......-._.-.„;e-,..::,.:::::-.--,.:-.. ,• _-,,- 7-:-...,: l.-_-.:::-:2;--11.2:1:-±' - . ' ::i•::::::•; :: ..//:::::.....:-.. .. ... . _ r — * '-':' - /'' ::' ''' ' :' : ' . : .SITE ::::::...-.. ,.‘ '. ::. ////..-...::................. , 7...•.----- -.-.;--. ---'----- - :.:-.,:':.:.....'.'..,,... .;..:.:,.:,:. .. ..:,.,, , :: ::.. .. / r _- J _ .. _ . , . , ,_ _,. . . , : / .. ....,... .: . .. .:.,.... ............ ' ' . ' ..'7''.--7-:;;;:-...::"..1:1... ......''" ) ji---- ---7.7t7 i '' -7: ::1:::::::::::::::.:::.:.:::::':::::::::%-:::::::i:. :':::'-''''.::::'''''' Flying Cloud Drive • No Scale Guide Plan Map William Small Property 16525 Beverly Drive, Eden Prairie, Minnesota ,,,, ro,,,,,w,..1, .6., 4,3„ ,_____ ____ _ _ ____ .,,, ,,,,, ,,,, . ..., gel ) , ,./ \ i. .„ mil • / ,, i" & , Nil.loi", --- r _E_ *pi`„ oilf —4- s■ . 5111111111. Eden prairie Rd • ..� We Lm p.I t1� - = ;t11�t11t111� ii".(4.0\........, "big • J ikii(i : Spring Rd ilkin i'' ,, iiii, Beverly Dr hirillt , i, mi. 1 / il li Elff Mil .AlltrillilW , .. ' ., - Flying Cloud Dr Aiiimmmitimmmummenume)11111 1 _____ _ _ -' 11111.1. LandUse022107 I I Neighborhood Commercial —Metropolitan Urban Service Line(MUSA) DATE AAPfaved 03-19-03 l I Low Density Residential 0-2.5 Units/Acre I I Community Commercial Creeks DATE Reused 01-07-05 —Principal Arterial DATE Revised„-07-05 7I F Low Density/Public/Open Space Regional Commercial A DATEReOsed03-2308 I Medium Density residential 2.5-10 Units/Acre Park/Open Space ®A Minor Arterial DATE Revised 12-�08-08 I—I Medium Density Residential/Office I I Public/Quasi-Public —B Minor Arterial DATE Revsed03-o,-07 Major Collector . _I High Density Residential 10-40 Units/Acre I I Golf Course —Minor Collector NIi\ I I Office MIChurch/Cemetery I Office/Industrial i 'Open Water EDEN EZA Office/Public/Open Space I I Right-Of-Way N PRAIRIE IMI Industrial I I Parcels Zoning Map William Small Property 16525 Beverly Drive, Eden Prairie, Minnesota N. , Al( ---____ii, IIIMPr / Eden Prairie Rd I min - ,,. Aro 01 PIC 1 101 1Wi �iir i llfl !�11� '' lb" IliAill 1111 liTill— 1 _ j �__yit I1miil �4%, • IN an m i m. s� Spring Rd AO --N... SITE = I: 1- Beverly Dr. , L 1 — IIIIIII / 1 I ii Th. ' Flying Cloud Dr / - :f ••••4111, 1 Landuse022107 -Highway Commercial Shoreland Management Classifications N Rural One Family -10 acre min. 1=Regional Service Commercial I NE] Natural Environment Waters R1.44 One Family-44,000 st.min. i1 Regional Commercial I RD] Recreational Development Waters R1-22 One Family-22,000 sf min. I I Industrial Park-2Acre Min, GD General Development Waters(Creeks Only) RO t R1-13.5 One Family-13,500 5f min. EME Industrial Park-5Acre Min. �'� Ob- Year Floodplain R1-9.5 One Family-9,500 sr min. _General Industrial-5Acre Min. Highway#312 West of County Road#4 is proposed and under construction at this RM-6.5 Multi-Family-&7 U.P.A max. [ 1 Public time. RM-2.5 Multi-Family-17 4 U.P.A.max. Up dated through Ordinance#10-2007 PRAI RI E ® Y I Golf Course Ordinance#33-2001(RR Addition)approved,but not shown on this map edition I Office I I Water Date:March 1,2007 LLYE•WORK.0REA7.Y INeighborhood Commercial I I Rightot-Way m terse ei akxmpt-cr lt,.1,e e ea..,e* .nanlle..N maV.the6:3=.ree and avarcalegal de:5.-0..m rut a Eden Paaacryean,MI r e.1 Community Commercial 1 1 Chanhassen City limits CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Development/Planning Liberty Plaza Janet Jeremiah Michael Franzen Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Industrial to Office on 17.31 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 47.65 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review and Zoning District Change from I-2 to Office on 17.31 and Zoning District Amendment in the I- 2 District on 30.34; and • Adopt the Resolution for Preliminary Plat on 47.65 acres into 2 lots and Road right of way lot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The project includes a guide plan change from Industrial to Office on 17.31 acres. The other 30.34 acres will remain Industrial. The plan is includes: • a 128,000 sq. ft. four-story office building • keeping the existing 345,000 square foot building • right-of-way and improvements for Flying Cloud Drive • right-of-way for the future construction of West 70th Street • outlots for light rail station and corridor Background Information The conditions of approval include items relating to future land use, roads, light rail,parking, infiltration and access. 1. Future land use for the south half of the property shall be a transit oriented development. Residential and commercial uses to be built if the light rail is constructed. In the Comprehensive Guide Plan draft, Transit Oriented Development, City Council Public Hearing-Liberty Plaza September 4, 2007 Page 2 or TOD, is the creation of compact, walkable communities centered on high quality train (light rail) systems. This makes it possible to live a higher quality life without dependence on a car for mobility. Transit Oriented Developments have the following components; • Walkable design with pedestrians as the highest priority. • Light rail station as prominent feature of a town center. • An area containing a mixture of uses in close proximity including office, residential, retail, and civic uses. • High density, high-quality development within 10-minute walk circle surrounding light rail station. • Collector support transit systems (buses). • Designed to include the easy use of bicycles, scooters, and rollerblades as daily support transportation systems. • Reduced and managed parking inside 10-minute walk circle around town center/ train station. 2. West 70th Street would be dedicated now. A temporary West 70th Street would be built by November 1, 2012 with the provision that City and developer could mutually agree to extend this date. 3. Permanent West 70th Street would be built by November 1, 2015,with the provision that City and developer could mutually agree to extend this date. The actual costs will be assessed to the property over a period of 15 years. 4. The wetlands would be placed within Outlots.Wetlands can be used for density and would not be recognized as lot lines for the purpose of determining setbacks. 5. The plan provides infiltration along Flying Cloud Drive and in the wetland buffers. 6. All parking to be removed from West 70th Street by October 1, 2012. The proof of parking plan shows where this parking can be added back into the plan. There will be no compensation for parking displaced by West 70th construction. 7. All parking to be removed from light rail outlots when the light rail property is purchased. The proof of parking plan shows where this parking can be added back into the plan. There will be no compensation for parking deck construction if needed for parking displaced by future light rail. 8. One of the access points to the proposed building will be consolidated or eliminated. The 120 day Review Period Expires on November 18, 2007 City Council Public Hearing-Liberty Plaza September 4, 2007 Page 3 Planning Commission Recommendation The Planning Commission first reviewed this project at the August 13, 2007 meeting and recommended that the project be continued with direction to staff and the developer to resolve the items relating to light rail, roads,parking, infiltration and access identified in the staff report. The Planning Commission voted 5-0 to recommend approval of the project at the August 27, 2007 meeting. Attachments 1. Resolution-Amending Comp Plan 2. Resolution-PUD Concept 3. Resolution-Preliminary Plat 4. Staff Report 8-10-07 5. Staff Report 8-24-07 6. Location Map 7. Land Use &Zoning Map 8. Planning Commission Minutes 8-13-07 LIBERTY PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan ); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Liberty Plaza,by Liberty Property Limited Partnership is for a 128,000 square foot office building. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: From Industrial to Office ADOPTED by the City Council of the City of Eden Prairie this 4th day of September, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk LIBERTY PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF LIBERTY PLAZA FOR LIBERTY PROPERTY LIMITED PARTNERSHIP WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on August 13 and 27, 2007, on Liberty Plaza by Liberty property limited partnership 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 September 4, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Liberty Plaza,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 stamp dated September 4, 2007. 3. That the PUD Concept meets the recommendations of the Planning Commission dated August 13 and 27, 2007. ADOPTED by the City Council of the City of Eden Prairie this 4th day of September, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- (Liberty Plaza) Legal Description: Lot 1 Block 1 Best Buy Addition LIBERTY PLAZA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION APPROVING THE PRELIMINARY PLAT OF LIBERTY PLZA FOR LIBERTY PROPERTY LIMITED PARTNERSHIP BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Liberty Plaza for Liberty Property Limited Partnership, stamp dated September 4, 2007, and consisting of 47.65 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 4th day of September, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: August 10, 2007 PROJECT: Liberty Plaza LOCATION: 7075 Flying Cloud Drive APPLICANT: Liberty Property Limited Partnership OWNER: Liberty Property Limited Partnership REQUEST: • Comprehensive Guide Plan Change from Industrial to Office on 17.31 acres • Planned Unit Development Concept Review on 47.65 acres • Planned Unit Development District Review and Zoning District Change from I-2 to Office on 17.31 and Zoning District Amendment in the I-2 District on 30.34 acres • Zoning District Change from Rural and I-2 to Office on 17.31 acres • Site Plan Review on 47.65 acres • Preliminary Plat of 47.65 acres into two lots, one outlot, and road right-of-way Staff Report—Liberty Plaza August 10, 2007 Page 2 BACKGROUND The Planning Commission recently accepted a withdrawal request by Liberty Property Limited partnership for its Flying Cloud Corporate Campus project shortly after the developer entered into a five year lease with Supervalu to occupy the existing 345,000 sq. ft. building on the site. That project included four multiple-story office buildings totaling 558,000 sq. ft., 52,000 square feet of commercial, a 4,000 square foot restaurant and 132 housing units adjacent to light rail. The guide plan shows the 47.65 acre property as Industrial. The property is zoned Rural and I-2. In 1994 a variance was approved for the existing building to exceed the maximum 50% office use in the I-2 industrial zoning district. GUIDE PLAN CHANGE The draft 2008 Comprehensive Guide Plan Update recognizes a shift toward redevelopment and reinvestment and includes specific and general policies and plans to guide this change. In particular, the Plan includes a specific land use plan and land use category to guide redevelopment in the Golden Triangle Area for a mixed use redevelopment area located around regional light rail The project includes a guide plan change from Industrial to Office on 17.31 acres. The other 30.34 acres will remain Industrial. To be consistent with land use recommendations of the Golden Triangle Plan and the draft Comprehensive Plan Land Use and Redevelopment chapters, future development of the remaining 30.34 acres must contain commercial and housing land uses. PUD CONCEPT PLAN The plan is includes; • a 128,000 sq. ft. four-story office building • keeping the existing 345,000 square foot building • right-of-way and improvements for Flying Cloud Drive • right-of-way for the future construction of West 70th Street • outlots for light rail station and corridor PRELIMINARY PLAT The preliminary plat shows the subdivision of the property into two lots, two outlots for light rail station and corridor, and road right-of-way for West 70th Street and Flying Cloud Drive. The plat should be revised to place all wetlands, wetland buffer and wetland mitigation areas into in outlots. Staff Report—Liberty Plaza August 10, 2007 Page 3 SITE PLAN The 128,000 square foot four-story office building has a base area ratio of.045. The floor area ratio is .18. Code permits a base area ratio and floor area ratio of up to 0.30 and 0.50, respectively in the Office zoning district. The building meets the setbacks from property lines in the Office zoning district. A total of 538 parking spaces are required for the site. The plan provides 613 parking spaces, of which 498 are in a parking deck. The parking deck meets the setbacks from property lines in the Office zoning district. PARKING FOR THE EXISTING BUILDING ON LOT 2 Approximately 450 parking spaces will be displaced by construction of West 70th Street and light rail. The proof of parking plan shows how parking can be provided to meet City code requirements. WEST 70TH STREET The right-of-way for West 70th Street is proposed to be dedicated with this project. However, the Developer has not committed to constructing West 70th Street by a future date certain. Staff recommends that the Developer be required to construct West 70th Street with any future development of the property south of West 70th Street and by a date no later than October 1, 2013. In addition, the staff recommends that Developer be required to enter into a special assessment agreement that sufficiently covers the potential future costs of constructing West 70th Street ACCESS Two access locations are proposed to serve the new office building. Multiple access locations should be avoided when possible or combined with existing access whenever possible. Staff recommends that one of the access locations be eliminated or combined with the existing access to the property to the north. FLYING CLOUD DRIVE Improvements to Flying Cloud Drive must take place prior to or concurrent with any new building construction and completed prior to issuance of any occupancy permit. WATER QUALITY The plan needs to be revised to provide the required infiltration. The current plan proposes that infiltration be provided for within Wetland B by raising the NWL; this is not acceptable. The plans must be revised to incorporate infiltration within the project site, outside of the wetland Staff Report—Liberty Plaza August 10, 2007 Page 4 areas. Wetland buffers could potentially be incorporated into an infiltration system if required. Additional areas that could be used for infiltration are currently shown as berms on the Plans adjacent to Flying Cloud Drive. This area could be graded and planted with trees and shrubs to provide screening and infiltration. The area south of the driveway entrance could be utilized as a forebay or infiltration strip prior to discharge into the existing wetland. The proposed plan includes the required water quality NURP ponding for the development of the Lot 1 as well as the south portion of the Flying Cloud Drive improvements; however, water quality calculations have not been provided in the stormwater management report to date for the north segment of Flying Cloud Drive. This section of Flying Cloud Drive is proposed to be routed through a grassed swale and Wetland H for stormwater treatment; the equivalent of NURP treatment must be provided and documentation of this must be submitted. Impacts to Wetland H need to be evaluated to determine if additional mitigation could be required. LANDSCAPING The required landscaping is 400 inches. The plan meets this requirement. ARCHITECTURE The exterior materials for the building are pre cast and glass. Windows are 40% of the building exterior. Pre cast is 60% of the exterior walls. Pre cast may be used on a buildings exterior not to exceed 25% of the building. An exterior materials waiver is required. The building is 60 feet tall. The office zoning district limits building height to 30 feet. PLANNED UNIT DEVELOPMENT WAIVERS The following Planned Unit Development waivers are proposed for the project: • Exterior materials from 75% face brick, glass, and natural stone to 40% The City has previous granted waivers for the use of pre cast provide a natural stone chip is exposed on the surface so that the material appears as stone. The proposed panel has a granite chips. • Building height from 30 feet to 60 feet. The City has previously granted waivers for building height for office buildings when they are located along major highways and/or in a location of higher intensity users. The 30 foot office height is appropriate in areas adjacent to low density residential development. SUMMARY Approval of the guide plan change and waivers should be based on the following conditions. 1. To be consistent with the draft comprehensive plan redevelopment and land use chapters Staff Report—Liberty Plaza August 10, 2007 Page 5 any future development of the remaining 30.34 acres must contain a commercial and a housing component. 2. All parking must be removed from the light rail corridor and West 70th Street right of way by October 1, 2013. There will no financial compensation for parking displaced by future light rail or West 70th Street construction. 3. West 70th Street must be built by October 1, 2013. The developer is responsible for all cost of construction of West 70th Street. 4. Flying Cloud Drive shall be upgraded to City requirements concurrent with construction of the proposed office building. 5. All wetlands shall be placed into outlots. 6. Consolidate or eliminate one access to Flying Cloud Drive 7. Provide the required infiltration. STAFF RECOMMENDATION Option 1 Recommend approval of the following request: • Comprehensive Guide Plan Change from Industrial to Office on 17.31 acres • Planned Unit Development Concept Review on 47.65 acres • Planned Unit Development District Review with waivers on 47.65 acres • Zoning District Change from Rural and I-2 to Office on 47.65 acres • Site Plan Review on 47.65 acres • Preliminary Plat of 47.65 acres into two lots, one outlot, and road right-of-way This is based on plans stamped dated August 10, 2007 and, the staff report dated August 10, and the following conditions: 1. Prior to review by the City Council the proponent shall revise the plan as follows: A. All wetlands shall be placed into outlots. B. Provide an infiltration plan. C. Consolidate or eliminate one access to Flying Cloud Drive 2. Prior to release of the final plat, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. Staff Report—Liberty Plaza August 10, 2007 Page 6 B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping surety equivalent to 150% of the cost of the landscaping. B. Review the plans with the Fire Marshal C. Submit building materials and colors for review and approval. D. Submit a final TDM Plan. 5. The following waivers are granted as part of the PUD: A. Exterior materials from 75% face brick, glass, and natural stone to 40% B. Building height from 30 feet to 60feet. 6. Future development of the remaining 30.34 acres must contain commercial and housing land uses. 7. All parking must be removed from the light rail corridor and West 70th Street right of way by October 1, 2013. There will no financial compensation for parking displaced by future light rail or West 70th Street construction 8. West 70th Street must be built by October 1, 2013. The developer is responsible for all cost of construction of West 70th Street. 9. Flying Cloud Drive shall be upgraded to City requirements concurrent with construction of the proposed office building. Option 2 Recommend that the project be continued to the August 27, 2007 meeting with direction to revise the plans as follows. • All wetlands shall be placed into outlots. • Provide an infiltration plan. • Consolidate or eliminate one access to Flying Cloud Drive. Staff recommends Option 2. STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: August 24, 2007 PROJECT: Liberty Plaza LOCATION: 7075 Flying Cloud Drive APPLICANT: Liberty Property Limited Partnership OWNER: Liberty Property Limited Partnership REQUEST: • Comprehensive Guide Plan Change from Industrial to Office on 17.31 acres • Planned Unit Development Concept Review on 47.65 acres • Planned Unit Development District Review with waivers on 47.65 acres • Zoning District Amendment within the I-2 District on 30.34 acres • Zoning District Change from Rural and I-2 to Office on 17.31 acres • Site Plan Review on 17.31 acres • Preliminary Plat of 47.65 acres into two lots, one outlot, and road right-of-way Staff Report—Liberty Plaza August 24, 2007 Page 2 BACKGROUND This is a continued item from the August 13, 2007 meeting with direction for staff to resolve the issues identified in the August 10, 2007 staff report. PLAN REVISIONS The staff and the developer have agreed upon the following. 1. Future land use for the south half of the property shall be a transit oriented development. Residential and commercial uses to be built if the light rail is constructed.In the Comprehensive Guide Plan draft, Transit Oriented Development, or TOD, is the creation of compact, walkable communities centered on high quality train (light rail) systems. This makes it possible to live a higher quality life without dependence on a car for mobility. Transit Oriented Developments have the following components; • Walkable design with pedestrian as the highest priority. • Light rail station as prominent feature of town center. • An area containing a mixture of uses in close proximity including office, residential, retail, and civic uses. • High density, high-quality development within 10-minute walk circle surrounding light rail station. • Collector support transit systems (buses). • Designed to include the easy use of bicycles, scooters, and rollerblades as daily support transportation systems. • Reduced and managed parking inside 10-minute walk circle around town center/ train station. 2. West 70th Street would be dedicated now. A temporary West 70th Street would be built by November 1, 2012 with the provision that City and developer could mutually agree to extend this date. 3. Permanent West 70th Street would be built by November 1, 2015,with the provision that City and developer could mutually agree to extend this date. The actual costs will be assessed to the property over a period of 15 years. 4. The wetlands would be placed within Outlots.Wetlands can be used for density and would not be recognized as lot lines for the purpose of determining setbacks. 5. The plan provides infiltration along Flying Cloud Drive and in the wetland buffers. 6. All parking to be removed from West 70th Street by October 1, 2012. The proof of parking plan shows where this parking can be added back into the plan. There will be no compensation for parking displaced by West 70th construction. Staff Report—Liberty Plaza August 24, 2007 Page 3 7. All parking to be removed from light rail outlots when the light rail property is purchased. The proof of parking plan shows where this parking can be added back into the plan. There will be no compensation for parking deck construction if needed for parking displaced by future light rail. 8. One of the access points to the proposed building will be consolidated or eliminated. STAFF RECOMMENDATION Recommend approval of the following request: • Comprehensive Guide Plan Change from Industrial to Office on 17.31 acres • Planned Unit Development Concept Review on 47.65 acres • Planned Unit Development District Review with waivers on 47.65 acres • Zoning District Amendment within the I-2 District on 30.34 acres • Zoning District Change from Rural and I-2 to Office on 17.31 acres • Site Plan Review on 17.31 acres • Preliminary Plat of 47.65 acres into two lots, one outlot, and road right-of-way This is based on plans stamped dated August 10, 2007 and August 24, 2007, and the staff reports dated August 10, 2007 and August 24, 2007 and the following conditions: 1. Prior to review by the City Council the proponent shall incorporate into the plans as follows: A. Show infiltration basins along Flying Cloud Drive and in the wetland buffers. B. Show all wetland areas within outlots. C. Show the consolidation or elimination for one access to the proposed building site. 2. Prior to release of the final plat, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. Staff Report—Liberty Plaza August 24, 2007 Page 4 4. Prior to building permit issuance for the property, the proponent shall: A. Provide a landscaping surety equivalent to 150% of the cost of the landscaping. B. Review the plans with the Fire Marshal C. Submit building materials and colors for review and approval. D. Submit a final TDM Plan. 5. The following waivers are granted as part of the PUD: A. Exterior materials from 75% face brick, glass, and natural stone to 40% B. Building height from 30 feet to 60 feet. 6. Future land use for the south half of the property shall be a transit oriented development. Residential and commercial uses to be built if the light rail is constructed.In the Comprehensive Guide Plan draft, Transit Oriented Development, or TOD, it is the creation of compact, walkable communities centered on high quality train (light rail) systems. This makes it possible to live a higher quality life without dependence on a car for mobility. Transit Oriented Developments have the following components; • Walkable design with pedestrian as the highest priority • Light rail station as prominent feature .of town center • An area containing a mixture of uses in close proximity including office, residential, retail, and civic uses. • High density, high-quality development within 10-minute walk circle surrounding light rail station. • Collector support transit systems (buses). • Designed to include the easy use of bicycles, scooters, and rollerblades as daily support transportation systems • Reduced and managed parking inside 10-minute walk circle around town center/ train station. 7. West 70th Street would be dedicated now. A temporary West 70th Street would be built by November 1, 2012 with the provision that City and developer could mutually agree to extend this date. 8. Permanent West 70th Street would be built by November 1, 2015,with the provision that City and developer could mutually agree to extend this date. The actual costs will be assessed to the property over a period of 15 years. 9. The wetlands would be placed in Outlots.Wetlands can be used for density and would not be recognized as lot lines for the purpose of determining setbacks. Staff Report—Liberty Plaza August 24, 2007 Page 5 10. The plan provides infiltration along Flying Cloud Drive and in the wetland buffers. 11.All parking to be removed from West 70th Street by November 1, 2012. The proof of parking plan shows where this parking can be added back into the plan. There will be no compensation for parking displaced by West 70th construction 12.All parking to be removed from light rail outlots when the light rail property is purchased. The proof of parking plan shows where this parking can be added back into the plan. There will be no compensation for parking deck construction if needed for parking displaced by future light rail. 13. One of the access points to the proposed building will be consolidated or eliminated. Area Location Map - Liberty Plaza Address: 7075 Flying Cloud Drive fir®• , I /-.. " '- ' - . ' — 4,A,;---. - ' A,,./ —1. Alto' '''.'' '' ' ,' - - '. ' - \ ', ' 1,-_,..-------"---1 - ' \ ---* . - .. - V-, jittlirit, .--. toe :' ' . /, ./. / ..- . 'N,..--,;,,-..---- - , • . •' ------ \\ . .,,,:• ' . ' .. .,..,. ,..'.'-:,. -11_ ''•''' - -. \N,,,( •___ , y ,/, ' :; .- ' •,-/. . -v., . Shady Oak Road . Highway#212 . - '.- -•' • .. -,\ . I • . ' ; ' . \ ),_1_, '. ?' SITE ::.., ._,::,.,.., . .,. . , / , , i : . ,... .. .. . . , r. . .. , /i - . , , ,, : : . ,._.. ..,... . \ 1 W. 70th Cr _, Fling Cloud Drive Th ' l , \\ , ' , .., . . . �' / // , • Valley View Rd. r _,/ . 4 , . . . . 41iiiii....- ,,,,-...-c..,:,,--.-_-_,---s.... ..-.-----., ,,/ ,../ : . , .,, , ', ---.- , ,.- ,,, ,.,.. ,, ____._. . ., . • ,. viiiii (,, ,., , \ _.._ i� ,,,....... . ., . / r 2 1"--.A1 o sca e Zoning Map Liberty Plaza 7075 Flying Cloud Drive, Eden Prairie, Minnesota 4t4J/SI jia int Shady Oak Road Highway#212 ....40 rooloh, op, .. Ai "- --di. - \ i //iN all . outyira 1 %.(poo c<:>- Mk , 1 RD r t S Lic7 ,e �7 1 SITE ) W. 70th rill 14.11 1,1 Flying Cloud Drive P — 1 °AVffrior \_--- 10 i . kirk __, ithwir . NE iip 7 i Irl Sari - ___ _,. _. Mr ILIIIIII Or* t 6 -, . ii ire \ -----........,..._._..... /--- , _._„..___ Lenduse022107 I1M Highway Commercial Shoreland Management Classifications N Rural One Family-10 acre min. -Regional Service Commercial I NE I Natural Environment Waters R1-44 One Family-44,000 sf.min. IM Regional Commercial I Ra] Recreational Development Waters R1-22 One Family-22,000 sf min. I I Industrial Park-2AcreMin, IGDI General Development Waters(Creeks Only) lair R1-13.5 One Family-13,500 sf min. IF'ij industrial Park-5Acre Min. [f//I 100- Year Floodplain R1-9.5 One Family-9,500 Si min. 1=General Industrial-5Acre Min. Highway#312 West of County Road#4 is proposed and under conshuction at this RM-6.5 Multi-Family-6.7 U.PA max. I public time. MI RM-2.5 Muttl-Famil-17.4U,PAmax I I Up dated through Ordinance#10-2007 PRAIRIE Y Golf Course f Ordinance#33-2001(SFl Addition)approved,but not shown on this map edition Office f I Water Date:March 1.2007 L1.1•; OP..•OEV.! Neighborhood Commercial 1 Right-of-Way u,case ae epoxy rebkawa.a:.n ,.vain on rrs:n,a®rug..oxnce Community Commercial i 1 ',d`nzeTatl kg al +Von m Ile at Eden ca-.c.csf cadet.,nree..L YChanhassen Citylimits Guide Plan Map Liberty Plaza li.\\\ 7075 Flying Cloud Drive, Eden Prairie, Minnesota w , ii prii"it ID\ Not 7 ( 1:7..,,viir...1 ilit . 141111111 ilk - Jr, / .. ,r44%I pra, IIII III \ 44,11104,4111,i‘I. - — A .ak -- 0.046.A.I.,_ ri , Nillif Nr//// Fr 1106 114 , AP /' Shady Oak Road Mir is tat so E ,(c)///,//r,i e---\\.,,...,,.,_...,\\ Highway#x212 g Y ai....__Ili ___pFlying Cloud Drive I I W. 70th 1413Lii lit \.."---"N .111 . -444,_ili di ri, ) ---) =• - i —1 ri; i _ ( ‘\ 00 ' „v.-7 in , 410100111101111111, 4I°f .7_______cr," , _ _____-------_--------:- . / 11kliim AN.,,,,i.r...„. shrime 1 LandUse422107 1 1 Neighborhood Commercial —metropolitan Urban Service Line(MUSA) DATE Approved 03-19.03 l I Low Density Residential 0-2.5 Units/Acre r=1 Community Commercial —Creeks DATE Revised 01-07-05 Ezzi DATE Revised 11-Oi-OS Low Density/Public/Open Space =Regional Commercial —Principal Arterial €]ATE Revised02-23-W DATE Revised 03-23-06 I I Medium Densityresidential 2.5-10 Units/Acre �Park/Open Space —AMinor Arterial DATE Revised06-23-06 p p DATE Revised 12-05-06 Medium Density Residential/Office I I Public/Quasi-Publie —B Minor Arterial DATE Revised 03-01-07 —Major Collector ti mi NM High Density Residential 10-40 Units/Acre I I Golf Course Minor Collector I i Office =IChurch/Cemetery WM tZZ Office/Industrial I I Open Water EDEN ®Ofice/PubliclOpen Space I I Right-Of-Way I\J PRAIRIE I=Industrial I I Parcels APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 13, 2007 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, Kevin Schultz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Michael Franzen, City Planner Julie Krull,Recording Secretary D. LIBERTY PLAZA Request for: Comprehensive Guide Plan Change from Industrial to Office on 17.31 acres; Planned Unit Development concept Review on 47.65 acres; Planned Unit Development District Review with waivers on 47.65 acres; Zoning District Amendment within the I-2 District on 30.34 acres; Zoning District Change from Rural and I-2 to Office on 17.31 acres; Site Plan Review on 17.31 acres; Preliminary Plat of 47.65 acres into two lots and road right- of-way. Rick Weiblein of Liberty Property Trust,presented the proposal. The proponent pointed out they will be creating the most efficient office space for employees and tenants. Mr. Weiblein introduced Ed Farr, architect for the project. Mr. Farr showed the site plan. He stated in talking about phase one of the project, they are very excited about it. He said there will be a lot of woodlands in the area, including a board walk. The office building will be clean and contemporary. It will have a crown type roof. There will also be a link between the parking deck and the building. On site, they will be encouraging preferred sites for hybrid vehicles and bike racks that will be located close to the building. Miles Lindberg, of Westwood Professional Services, gave some background information on the project. He said in regards to wetland areas, they would be dedicated as outlot areas. He stated Staff requested they incorporate infiltration into the project. The permeability of the soil is low and amount of area is limited due to wetland areas. They will resolve the issues with tributaries into the wetland area. David Jellison, of Liberty Property Trust, gave a brief overview of the site. He also pointed out he is working with Staff to develop a master plan and they are coming before the Commission today so they can be able to start work on the northerly section of the building. Dave Sellergren, Land Use attorney, explained why some of the conditions in the staff report are problematic. The conditions they do not completely agree on are on pages 5 6, 7, 8 and 9. He said they would like the Commission to approve Option 1 under Staff Recommendation on page 5 of the Staff report. Stoelting asked Franzen to review the Staff report. Franzen reviewed the summary section on page 5 of the Staff report. Gray stated there are conflicts with the number of access locations proposed. He pointed out the top priority is W. 70th Street, and the developer has not committed to constructing this street by a certain future date, October 1, 2013. The project proponent needs to find solutions to the infiltration issue, and also to bring sites up to storm water standards. Stoelting asked if the improvements to Flying Cloud Drive were part of the plan. Gray reiterated it was part of the plan. Stoelting opened the meeting up for public input. There was no input. Mr. Weiblein said as far as W. 70th Street,the project here today has a road which goes behind it. He also said they are committed to doing major improvements to Flying Cloud Drive. Kirk asked what show-stopper is between W. 70th Street and SuperValu. Mr. Weiblein said it would be the parking; the whole area of parking would be disrupted. Franzen said 450 parking spaces would be impacted, however, there is room on site to relocate them with the onset of the Light Rail System. He said another solution to this problem would be temporarily making a road connection through the site instead of building West 70th St now. Stoelting asked what the difference was between easements and outlots. Franzen said outlots are better for the City in terms of showing on a plat where the wetland and buffers are located and makes for a cleaner description of the property for tiling of restrictions. Mr. Weiblen said they have made outlots for a future LRT Station. He pointed out timing is an issue with SuperValu. Mr. Sellergren asked the Commission Members if they were comfortable with the project. Kirk said he is looking for some type of compromise from the project proponent. Mr. Sellergren said they just want to build one building. Stoelting asked the Commission Members if they were comfortable moving forward with this project. The Commission Members said they were not comfortable moving forward with this project. MOTION by Stoltz, seconded by Koenig, to move to recommend a continuance to the August 27, 2007 meeting and to revise the development plans according to the staff report and other requirements as identified by the Commission and direct staff to publish this item for the September 4, 2007 City Council meeting. Motion carried 6-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 166819 - 167280 Wire Transfers 2786- 2794 City of Eden Prairie Council Check Summary 9/4/2007 Division Amount Division Amount General 24,968 516 ADC PROJECT 142,574 100 City Manager 146 517 212/Charlson Intersection 69,013 101 Legislative 7,861 519 Community Center Referendum 44,671 102 Legal Counsel 33,005 520 Parks Referendum 79,826 110 City Clerk 1,165 521 Trails Referendum 8,308 111 Customer Service 11,186 522 Improvement Projects 2006 14,710 113 Communication Services 8,879 601 Prairie Village Liquor 127,043 114 Benefits&Training 3,691 602 Den Road Liquor 181,144 116 Facilities 94,576 603 Prairie View Liquor 122,490 117 City Center 79,037 605 Den Road Building 4,779 130 Assessing 700 701 Water Fund 242,975 131 Finance 1,604 702 Sewer Fund 246,799 132 Social Services 68 703 Storm Drainage Fund 12,562 133 Planning 5,292 803 Escrow Fund 24,965 135 Information Technology 4,112 807 Benefits Fund 473,637 136 Public Safety Communications 7,082 810 Workers Comp Insurance 2,240 137 Economic Development 61 811 Property Insurance 596 138 Community Development Admin. 98 150 Park Administration 156 Report Totals 3,630,046 151 Park Maintenance 29,310 153 Organized Athletics 7,100 154 Community Center 6,966 155 Beaches -1 156 Youth Programs 15,403 157 Special Events 1,319 158 Adult Recreation 848 159 Recreation Administration 0 160 Therapeutic Recreation 134 161 Oak Point Pool 782 162 Arts 1,238 163 Outdoor Center 2,477 164 Park Rental Facilities 603 180 Police 27,803 183 Emergency Preparedness 67 184 Fire 13,491 186 Inspections 1,627 200 Engineering 1,569 201 Street Maintenance 337,377 202 Street Lighting 1,090 203 Fleet Services 32,544 204 Equipment Revolving 6,197 300 Heritage Preservation Grants 4,415 301 CDBG 12,398 303 Cemetary Operation 235 304 Senior Board 115 310 Fire Fighters Fund 1,979 312 Recycle Rebate 15,755 315 Economic Development 7,690 316 WAFTA 20 502 Park Development 323,431 503 Utility Improvement 41,997 509 CIP Fund 76,514 511 Construction Fund 554,429 512 CIP Trails 2,002 513 CIP Pavement Management 13,066 515 Fire Station#4 6,035 City of Eden Prairie Council Check Register 9/4/2007 Check# Amount Vendor/Explanation Account Description Business Unit 2786 119 ADMINISTRATION RESOURCES CORP Other Contracted Services Finance 2787 1,436 AMERICA'S VEBA SOLUTION Other Contracted Services Finance 2788 477 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Services 2789 91,028 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 2790 12,942 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2791 16,043 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2792 97,880 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2793 31,754 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2794 168,542 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 166819 4,200 10,000 WAKES Instructor Service Camps 166820 110 A TO Z RENTAL CENTER Other Rentals Water Storage 166821 3,429 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 166822 506 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 166823 3,728 AFC TECHNOLOGIES LLC Other Contracted Services Police 166824 5,800 AIRIC'S HEATING LLC Other Contracted Services Rehab 166825 195 ALBECK GERKEN INC Design&Engineering Construction Fund 166826 15,755 ALLIED WASTE SERVICES#894 Other Contracted Services Recycle Rebate 166827 101 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 166828 936 AQUA ENGINEERING INC Grounds Maintenance Utility Operations-General 166829 4,281 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 166830 7,920 BELLBOY CORPORATION Wine Imported Prairie Village Liquor Store 166831 56 BENIEKE,ARCHIE AR Utility Water Enterprise Fund 166832 10 BLOOM,MARY Lessons&Classes Fitness Classes 166833 11,502 BLUE LINE GEAR Other Assets Police 166834 86 BOYER TRUCKS Equipment Parts Fleet Services 166835 100 BRAGG,ANNALISA Instructor Service Outdoor Center 166836 36 CAMPBELL,LORI&CHARLIE AR Utility Water Enterprise Fund 166837 341 CAT&FIDDLE BEVERAGE Wine Imported Prairie View Liquor Store 166838 4 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 166839 2,339 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 166840 311 CENTRAL LANDSCAPE SUPPLY Small Tools Water System Maintenance 166841 424 CHOICE INC Other Contracted Services Prairie Village Liquor Store 166842 168 CHRISTIANSEN,MIKE Other Contracted Services Softball 166843 937 CLAREYS INC Safety Supplies Fleet Services 166844 365 COMMISSIONER OF TRANSPORTATION Improvement Contracts Improvement Projects 2006 166845 518 CONNEY SAFETY PRODUCTS Safety Supplies Utility Operations-General 166846 1,000 CORPORATE EXPRESS Office Supplies General 166847 11,716 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 166848 77 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 166849 12,416 DAY DISTRIBUTING Beer Den Road Liquor Store 166850 3,825 DESIGNWRITE STUDIOS Other Contracted Services Communication Services 166851 2,776 DISCOUNT SCHOOL SUPPLY Recreation Supplies Playgrounds 166852 572 DOYLE,AARON N Other Contracted Services Softball 166853 300 DRAMATISTS PLAY SERVICE INC Other Contracted Services Arts Initiative 166854 234 DU ALL SERVICE CONTRACTORS INC Operating Supplies Police 166855 260 DUDA PLUMBING SERVICE INC Other Contracted Services Water Metering 166856 3,569 EAGLE WINE COMPANY Wine Imported Den Road Liquor Store 166857 692 EDEN PRAIRIE APPLIANCE Capital Under$2,000 City Center Operations 166858 25 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Economic Development 166859 298 ELK RIVER Equipment Parts Fleet Services 166860 1,790 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services 166861 52 FAGNANT,SUSAN Instructor Service Outdoor Center 166862 176 FALCK,TIMOTHY R Other Contracted Services Softball 166863 2,002 FARRELL EQUIPMENT&SUPPLY CO Improvement Contracts CIP Trails 166864 87 FASTENAL COMPANY Operating Supplies Park Maintenance 166865 45 FINKEN INC Cash Over/Short General Fund 166866 250 FORDAHL,TAMARA Other Contracted Services Volleyball 166867 383 FSH COMMUNICATIONS LLC Telephone Miller Park Check# Amount Vendor/Explanation Account Description Business Unit 166868 22,003 GARTNER REFRIGERATION&MFG IN Building Capital Impr./Maint.Fund 166869 1,351 GE CAPITAL Other Rentals General 166872 1,569 GENUINE PARTS COMPANY Equipment Parts Fleet Services 166873 20 GIRLS ON THE RUN Operating Supplies Girls on the Run 166874 75 GLASS,ALAINA Mileage&Parking Leisure Education 166875 10 GOEDDERZ,KERI Program Fee Camps 166876 484 GRAINGER Operating Supplies Utility Operations-General 166877 296 GRAND PERE WINES INC Wine Domestic Prairie Village Liquor Store 166878 569 GRAPE BEGINNINGS Wine Domestic Den Road Liquor Store 166879 526 GRAPHIC SOURCE INC Printing International Festival 166880 13,517 GRIGGS COOPER&CO Liquor Den Road Liquor Store 166881 150 HAMMERS,SARAH Other Contracted Services Volleyball 166882 2 HANSON,JUNE Program Fee Trips 166883 18,921 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 166884 2,916 HAWKINS INC Treatment Chemicals Water Treatment Plant 166885 334 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 166886 891 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 166887 29 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 166888 25 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Guide Plan 166889 100 HENRY,PAUL Other Contracted Services Volleyball 166890 829 HOHENSTEINS INC Beer Prairie Village Liquor Store 166891 11,790 HOISINGTON KOEGLER GROUP INC Other Contracted Services Economic Development Fund 166892 534 HYDROLOGIC Repair&Maint.Supplies Park Maintenance 166893 98 IAAP Dues&Subscriptions Community Development Admin. 166894 199 ICAA Dues&Subscriptions Classes/Programs/Events 166895 437 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 166896 391 INFRATECH Repair&Maint.Supplies Water System Maintenance 166897 75 INTERNATIONAL ASSOCIATION OF A Dues&Subscriptions Fire 166898 1,528 INTERNATIONAL CODE COUNCIL Operating Supplies Inspections-Administration 166899 1,584 ITL PATCH COMPANY INC Clothing&Uniforms Fire 166900 168 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 166901 561 J J KELLER&ASSOCIATES INC Office Supplies General 166902 119 JANEX INC Janitor Service Fire Station#4 166903 11,853 JJ TAYLOR DIST OF MN Beer Prairie Village Liquor Store 166904 550 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 166906 25,020 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 166907 5,557 KAMIDA INC Other Assets Parks Referendum 166908 195 KEEPERS Clothing&Uniforms Police 166909 273 KRAEMER MINING&MATERIALS INC Repair&Maint.Supplies Water System Maintenance 166910 349 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM 166911 3,076 LAB SAFETY SUPPLY INC Operating Supplies Fire Fighters Fund 166912 59 LACOMBE,SANDY Program Fee Camps 166913 100 LANDS END CORPORATE SALES Clothing&Uniforms Police 166914 2,265 LARIAT COMPANIES INC. Deposits Escrow 166915 321 LESCO INC Repair&Maint.Supplies Water System Maintenance 166916 627 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 166917 15,612 MARK VII Beer Den Road Liquor Store 166918 28,828 MCF-LINO LAKES Other Contracted Services Street Maintenance 166919 249 MEDIA PARTNERS CORP Training Supplies Organizational Services 166920 828 MENARDS Equipment Parts Fleet Services 166921 1,078 MERIDIAN FC LLC Deposits Escrow 166922 1,657 MERIT PRINTING Printing Fire 166923 720 METRO SALES INCORPORATED* Other Rentals General 166924 231,524 METROPOLITAN COUNCIL ENVIRONME Waste Disposal Sewer Utility-General 166925 1,078 METROPOLITAN FORD Equipment Parts Fleet Services 166926 7,143 MIDWEST ASPHALT CORPORATION Other Contracted Services Water System Maintenance 166927 506 MIDWEST COCA COLA BOTTLING COM Beer Den Road Liquor Store 166928 1,494 MIDWEST DESIGN CO Other Contracted Services Communication Services 166929 586 MINNESOTA DEPARTMENT OF REVENU Other Contracted Services Park Maintenance 166930 560 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 166931 61 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 166932 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods Check# Amount Vendor/Explanation Account Description Business Unit 166933 248 MINVALCO INC Supplies-HVAC Den Road Building 166934 15 MN DEPT TRANSPORTATION Operating Supplies Engineering 166935 87 MN MAINTENANCE EQUIPMENT INC Small Tools Park Maintenance 166936 195 MTI DISTRIBUTING INC Equipment Parts Fleet Services 166937 2,250 MUHLHAUSER,WENDY Instructor Service Arts&Drama Programs 166938 1,476 NEW FRANCE WINE COMPANY Wine Domestic Den Road Liquor Store 166939 712 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services 166940 128 NORTHERN TOOL Safety Supplies Utility Operations-General 166941 500 OLYMPIC HILLS GOLF CLUB Miscellaneous Fire 166942 1,100 ON CALL SERVICES Other Assets Parks Referendum 166943 176 PACIFIC DIRECT Misc Taxable Den Road Liquor Store 166944 987 PAT KERNS WINE MERCHANTS Wine Imported Den Road Liquor Store 166945 4,423 PAUSTIS&SONS COMPANY Wine Imported Den Road Liquor Store 166946 13,259 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 166947 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage General 166948 638 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Police City Center 166949 8,858 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 166950 369 PRAIRIE RESTORATIONS INC Improvement Contracts 212/Charlson Rd.Intersectio 166951 7,684 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 166952 691 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store 166954 137 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 166955 17,981 QUALITY WINE&SPIRITS CO Wine Imported Den Road Liquor Store 166956 124 QUICKSILVER EXPRESS COURIER Postage General 166957 1,082 QWEST Telephone Water Distribution 166958 1,035 RADCO Machinery&Equipment Fire 166959 48 RAMANIS,LAURA Program Fee Tennis 166960 225 RAY,LEE Other Contracted Services Softball 166961 231 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Services 166962 189 RIM Beer Den Road Liquor Store 166963 46 SAWALICH,STACY Program Fee Camps 166964 175 SCHULTZ,SUE Riley Lake Shelter Park Facilities 166965 754 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Den Road Liquor Store 166966 100 SHERBURNE COUNTY SHERIFF'S OFF Tuition Reimbursement/School Police 166967 67,911 SM HENTGES&SONS INC Improvement Contracts 212/Charlson Rd.Intersectio 166968 333 SNAP-ON TOOLS Small Tools Fleet Services 166969 1,208 SPECIALTY WINES AND BEVERAGES Liquor Prairie Village Liquor Store 166970 291 SPS COMPANIES Equipment Parts Water Treatment Plant 166971 145 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Services 166972 2,951 STREICHERS Operating Supplies Police 166973 219 SUBURBAN CHEVROLET Equipment Parts Fleet Services 166974 1,137 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 166975 172 SUN NEWSPAPERS Legal Notices Publishing City Clerk 166976 2,541 SURLY BREWING CO Wine Imported Prairie View Liquor Store 166977 19,146 THORPE DISTRIBUTING Beer Den Road Liquor Store 166978 354 TIMESAVER Wages No Benefits City Council 166979 421 TOTAL REGISTER Operating Supplies Den Road Liquor Store 166980 275 TPCB INC Dues&Subscriptions Engineering 166981 36 TWIN CITY OXYGEN CO Other Contracted Services Water System Maintenance 166982 5,116 UNITED STATES CONFERENCE OF MA Dues&Subscriptions City Council 166983 13 US BANK Other Contracted Services Health and Benefits 166984 112 VENTURE CREW 410 Operating Supplies Summer Skill Development 166985 136 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 166986 820 VINOCOPIA Wine Domestic Prairie View Liquor Store 166987 245 WALL TRENDS INC Contract Svcs-General Bldg Senior Center 166988 100 WASHINGTON COUNTY SHERIFF'S DE Deposits Escrow 166989 178 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Park Maintenance 166990 338 WINE COMPANY,THE Wine Imported Prairie View Liquor Store 166991 2,473 WINE MERCHANTS INC Wine Domestic Den Road Liquor Store 166992 953 WM MUELLER AND SONS INC Other Assets Parks Referendum 166993 1,084 WORK CONNECTION,THE Other Contracted Services Park Maintenance 166994 282 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 166995 189,829 XCEL ENERGY Electric Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit 166996 3,437 YALE MECHANICAL INC Building Repair&Maint. Water Wells 166997 748 ZOELLNER,MARK Other Contracted Services Softball 166998 498 BILSE,MEREDITH Deposits Escrow 166999 200 RAMSEY COUNTY SHERIFF'S OFFICE Tuition Reimbursement/School Police 167000 50 TRAILING THE FARM Other Contracted Services Internal Events 167001 1,125 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 167002 284 A-1 STRIPES INC Improvement Contracts Capital Impr./Maint.Fund 167003 350 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 167004 228 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 167005 52,855 ADVANCED MASONRY RESTORATION Building Repair&Maint. Capital Impr./Maint.Fund 167006 1,182 AILERON LAND DEVELOPMENT Deposits Escrow 167007 826 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 167008 30 ALONGSIDE SERVICES Org Athletic League Fees Softball 167009 29 AMERICAN MESSAGING Pager&Cell Phone Sewer Utility-General 167010 344 AMERICAN RED CROSS Recreation Supplies Oak Point Lessons 167011 209 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 167012 2,248 ANCHOR PAPER COMPANY Office Supplies General 167013 562 ANCHOR PRINTING COMPANY Printing Police 167014 20 ANDERSON LAKES ANIMAL HOSPITAL Miscellaneous Animal Control 167015 100 ANDERSON,LYDIA Other Contracted Services Teen Work Program 167016 22 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 167017 1,464 ARCH WIRELESS Pager&Cell Phone Wireless Communication 167018 104 ARVOLD,KATIE Mileage&Parking Playgrounds 167019 5,313 ASPEN AIR Other Contracted Services Rehab 167020 5,314 ASPEN EQUIPMENT CO. Machinery&Equipment Public Works 167021 234 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 167022 90 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 167023 216 AVI SYSTEMS INC Other Contracted Services Communication Services 167024 145 BARTNIK,AARON B Other Contracted Services Teen Work Program 167025 49 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 167026 5,720 BELLBOY CORPORATION Misc Non-Taxable Den Road Liquor Store 167027 53 BERKBIGLER,SARA Other Contracted Services Teen Work Program 167028 187 BERNE SCALE Equipment Testing/Cert. Water Treatment Plant 167029 70 BERRY COFFEE COMPANY Operating Supplies Senior Board 167030 453 BERTELSON OFFICE PLUS Office Supplies Utility Operations-General 167033 10,581 BIFFS INC Waste Disposal Park Maintenance 167034 50 BITUMINOUS ROADWAYS INC Waste Blacktop/Concrete Street Maintenance 167035 120 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Fire 167036 1,225 BLOOMINGTON,CITY OF Kennel Services Animal Control 167037 1,200 BOLD,PAULINE Instructor Service Outdoor Center 167038 314 BOYER TRUCKS Equipment Parts Fleet Services 167039 443 BOYER TRUCKS SO.ST.PAUL Equipment Parts Fleet Services 167040 16,642 BRAUN INTERTEC CORPORATION Building Community Center Referendum 167041 2,108 BRB DEVELOPMENT Deposits Escrow 167042 85 BROWNING,RYAN Other Hardware Prairie View Liquor Store 167043 1,412 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 167044 10,072 CADAN CORPORATION Other Hardware Capital Impr./Maint.Fund 167045 511 CADSON RENTALS Other Rentals Communication Services 167046 173 CALL,JARRED Other Contracted Services Teen Work Program 167047 20 CAMPBELL KNUTSON,P.A. Legal WAFTA 167048 2,384 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 167049 7,412 CENTERPOINT ENERGY SERVICES IN Gas City Hall-CAM 167050 25 CHRISTENSEN,MARGE Program Fee Red Hat 167051 1,200 CLIMB THEATRE Instructor Service Arts&Drama Programs 167052 211 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 167053 12 CONNEY SAFETY PRODUCTS Safety Supplies Utility Operations-General 167054 101 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Park Maintenance 167055 100 CONTROL SERVICES OF MINNESOTA, Contract Svcs-HVAC City Hall-CAM 167056 2,010 CORPORATE EXPRESS Office Supplies Police 167057 1,751 COSTCO Operating Supplies Fire 167058 732 COSTCO Operating Supplies Safety Camp 167059 44 CRAMPTON,KELLY A Other Contracted Services Teen Work Program Check# Amount Vendor/Explanation Account Description Business Unit 167060 148 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 167061 68 CULLIGAN BOTTLED WATER Operating Supplies Fire 167062 34 CULLIGAN-METRO Other Contracted Services Outdoor Center 167063 3,034 CURB MASTERS INC Other Contracted Services Utility Improvement Fund 167064 16,472 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 167065 461 D J GLASS SERVICE INC Operating Supplies Police 167066 25 DAHL,GAYLE Program Fee Red Hat 167067 820 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 167068 8,397 DAY DISTRIBUTING Beer Prairie Village Liquor Store 167069 51,023 DELANO ERICKSON ARCHITECTS Building Park Acquisition&Development 167070 189 DELEGARD TOOL CO Equipment Parts Fleet Services 167071 71 DELUXE BUSINESS CHECKS&SOLUT Bank and Service Charges Den Road Liquor Store 167072 30,181 DIVERSE BUILDING MAINTENANCE CH Robinson Janitor Service City Ctr-Tenant Direct Costs 167073 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 167074 36,067 DRT TRANSPORT Lime Residual Removal Water Treatment Plant 167075 5,381 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 167076 19,716 EARL F ANDERSEN INC Signs Traffic Signs 167077 25 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 167078 30 ERWIN,HANNAH Other Contracted Services Teen Work Program 167079 18 ESCHELON TELECOM INC Other Contracted Services Telephone 167080 378 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study 167081 180 EVERGREEN CONSTRUCTION Building Permits General Fund 167082 128 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 167083 160 FERRELLGAS Motor Fuels Fleet Services 167084 339 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 167085 218 FUESZ,WILLIAM AR Utility Water Enterprise Fund 167086 698 G&K SERVICES Clothing&Uniforms Sewer Utility-General 167087 840 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 167088 46 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 167089 191 GE CAPITAL Other Rentals General 167090 389 GENERAL GROWTH PROPERTIES LP-E Building Rental CDBG Fund 167091 4,685 GENERAL REPAIR SERVICE Machinery&Equipment Utility Improvement Fund 167092 1,027 GIRARD'S BUSINESS SOLUTIONS IN Equipment Repair&Maint General 167093 3,000 GIRLS ON THE RUN Licenses&Taxes Girls on the Run 167094 295,426 GLENN REHBEIN EXCAVATING INC Improvements to Land Park Acquisition&Development 167095 13,066 GOODPOINTE TECHNOLOGY CORPORAT Design&Engineering CIP Pavement Management 167096 104 GRAFIX SHOPPE Equipment Parts Fleet Services 167097 424 GRAINGER Cleaning Supplies Utility Operations-General 167098 659 GRAPE BEGINNINGS Wine Imported Prairie Village Liquor Store 167099 356 GREATAMERICA LEASING CORP. Postage General 167100 3,935 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 167101 36,805 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 167102 20,241 GRIGGS COOPER&CO Wine Domestic Den Road Liquor Store 167103 487 HACH COMPANY Laboratory Chemicals Water Treatment Plant 167104 23,901 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Development 167105 153 HANSON,ALISA Other Contracted Services Teen Work Program 167106 60 HANSON,RUSSELL W Mileage&Parking Senior Center Administration 167107 9,024 HAWKINS INC Treatment Chemicals Water Treatment Plant 167108 269 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Infiltration/Inflow Study 167109 175,444 HEALTHPARTNERS Medical Bills Prepaid Health and Benefits 167110 72 HEGENBARTH,KRAMER Other Contracted Services Teen Work Program 167111 89 HENNEPIN COUNTY TREASURER Postage Elections 167112 185 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police 167113 88 HENRY,PAUL Other Contracted Services Softball 167114 139,974 HOFFMAN&MCNAMARA Improvement Contracts ADC PROJECT 167115 88 HOLMES,JOHN CARTER Other Contracted Services Softball 167116 88 HOLMES,TOM Other Contracted Services Softball 167117 9,697 HYDRO METERING TECHNOLOGY INC Merchandise for Resale Water Metering 167118 4 HYDROLOGIC WATER MANAGEMENT SY Repair&Maint.Supplies Park Maintenance 167119 700 IAAO Conference Expense Assessing 167120 360 IACP Tuition Reimbursement/School Police 167121 284 IDENTIX INCORPORATED Operating Supplies Police Check# Amount Vendor/Explanation Account Description Business Unit 167122 1,035 IKON OFFICE SOLUTIONS* Maintenance Contracts Utility Operations-General 167123 105 IMAGETECH SERVICES Operating Supplies Park Maintenance 167124 2,108 IND SCHOOL DIST 272 Gym Rental Volleyball 167125 282 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Services 167126 218 INDUSTRIAL LIGHTING SUPPLY INC Operating Supplies Utility Operations-General 167128 554 INNOVATIVE LANDSCAPE SUPPLY IN Landscape Materials/Supp Water Treatment Plant 167129 41,961 INTEREUM INC Capital Under$2,000 Furniture 167130 1,560 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 167131 40 INTOXIMETERS Operating Supplies Police 167132 2,775 J H LARSON COMPANY Contract Svcs-Electrical City Hall-CAM 167133 142 JASKULKE,TAYLOR A Other Contracted Services Teen Work Program 167134 12,049 JJ TAYLOR DIST OF MN Beer Den Road Liquor Store 167135 21,571 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 167137 16 KALLENBACH,DONALD Program Fee Trips 167138 68 KEATING,MARY Mileage&Parking Housing and Community Service 167139 25 KOVALA,CAROL Program Fee Red Hat 167140 7 KRAEMERS HARDWARE INC Training Supplies Utility Operations-General 167141 50 KROEGER,TARA L Other Contracted Services Volleyball 167142 81 LANGEFELS,KELSEY Other Contracted Services Teen Work Program 167143 1,065 LANO EQUIPMENT INC Other Rentals Street Maintenance 167144 2,112 LARIAT COMPANIES INC. Deposits Escrow 167145 165 LELYUKH,DENIS Other Contracted Services Teen Work Program 167146 1,492 LIFE CHURCH BUILDING FUND Deposits Escrow 167147 158 LIGHTNING PRINTING INC Printing International Festival 167148 47 M.AMUNDSON LLP Wine Domestic Den Road Liquor Store 167149 11,009 MACQUEEN EQUIPMENT INC Machinery&Equipment Sewer System Maintenance 167150 20,463 MARK VII Beer Prairie Village Liquor Store 167151 7,000 MARTIN-MCALLISTER Employment Support Test Fire 167152 25 MCCARTHY,ARDIS Program Fee Red Hat 167153 82 MCELVEEN,ALLISON Other Contracted Services Teen Work Program 167154 391 MENARDS Small Tools Water System Maintenance 167155 2,040 METHODIST HOSPITAL Other Contracted Services Workers Comp Insurance 167156 459 METROTECH CORPORATION Equipment Repair&Maint Water System Maintenance 167157 3,610 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 167158 503 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 167159 350 MIDWEST TAPE&RIBBON INC Advertising Prairie Village Liquor Store 167160 1,368 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 167161 59 MINNESOTA CHIEFS OF POLICE ASS Printing Police 167162 680 MINNESOTA CLIPPING SERVICE Other Contracted Services Communication Services 167163 329 MINNESOTA CONWAY Operating Supplies Fire 167164 2,445 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Water System Maintenance 167165 425 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concrt Fire Station#5 167166 439 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 167167 46 MINNESOTA TROPHIES&GIFTS Signs Park Maintenance 167168 528 MONTAGE ENTERPRISES INC Equipment Parts Fleet Services 167169 75 MORLEY BURNETT Contract Svcs-General Bldg Ice Arena Maintenance 167170 52 MTI DISTRIBUTING INC Equipment Parts Fleet Services 167171 340 MTOA Tuition Reimbursement/School Police 167172 950 MUELLER,ASHLEY Other Contracted Services Volleyball 167173 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 167174 359 NATIONAL BUSINESS INSTITUTE Tuition Reimbursement/School Police 167175 10 NEBRASKA RURAL WATER ASSOCIATI Employment Advertising Utility Operations-General 167176 150 NESLON,ROBIN MCGALLIARD Other Contracted Services Arts Initiative 167177 268 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 167178 29 NFPA Fire Prevention Supplies Fire 167179 1,002 NILSSEN,BETH Instructor Service Ice Arena 167180 41,234 NORTHWEST ASPHALT Improvements to Land Parks Referendum 167181 114 NORTON,CHELSEA Other Contracted Services Teen Work Program 167182 169 NUCO2 INC Chemicals Pool Maintenance 167183 230 OHIO EMERGENCY MANAGEMENT AGEN Operating Supplies Fire 167184 74 OSI BATTERIES INC Office Supplies General 167185 200 PARK NICOLLET CLINIC Other Contracted Services Workers Comp Insurance Check# Amount Vendor/Explanation Account Description Business Unit 167186 8,805 PARROTT CONTRACTING INC Other Contracted Services Water System Maintenance 167187 677 PARTEK SUPPLY INC Other Assets Parks Referendum 167188 3,210 PAUSTIS&SONS COMPANY Wine Domestic Den Road Liquor Store 167189 149 PC MALL Software Information Technology 167190 309,606 PEARSON BROTHERS INC Seal Coating Street Maintenance 167191 194 PERSONAL TOUCH TECHNOLOGIES IN Other Hardware Information Technology 167192 796 PETTY CASH Mileage&Parking Water Distribution 167193 12,117 PHILLIPS WINE AND SPIRITS INC Liquor Prairie Village Liquor Store 167194 344 PITNEY BOWES Postage General 167195 1,523 PLANET SPIRIT Instructor Service Camps 167196 5,053 PLEHAL BLACKTOPPING INC Other Contracted Services Utility Improvement Fund 167197 700 POMP'S TIRE SERVICE INC Tires Fleet Services 167198 522 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Public Works/Parks 167199 170 PRAIRIE LAWN AND GARDEN Small Tools Water System Maintenance 167200 100 PRAIRIE PARTNERS SIX LLP Advertising Prairie Village Liquor Store 167201 72 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 167202 2,008 PRIOR WINE COMPANY Wine Imported Prairie View Liquor Store 167203 406 PROP United Way Withheld General Fund 167204 100 PROSOURCE ONE Chemicals Park Maintenance 167205 112 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 167206 21,760 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 167207 55 QWEST Telephone Sewer Liftstation 167208 400 RAY,LEE Other Contracted Services Softball 167209 183 REED BUSINESS INFORMATION Improvement Contracts Parks Referendum 167210 79 REYNOLDS,MACKENZIE Other Contracted Services Teen Work Program 167211 338 RIDGEVIEW MEDICAL CENTER Training Supplies Oak Point Operations 167212 55 RIVERLAND COMMUNITY COLLEGE Tuition Reimbursement/School Fire 167213 4,415 ROBERT C VOGEL Other Contracted Services 1999 CLG Grant 167214 476 RUE,RODNEY Mileage&Parking Engineering 167215 2 SCHAEPE,ELIZABETH Other Contracted Services Teen Work Program 167216 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Services 167217 2,600 SEASONAL OUTDOOR CARE INC Repair&Maint.Supplies ADC PROJECT 167218 113 SHAH,RAOUL Other Contracted Services Teen Work Program 167219 673 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store 167220 55 SHAW,CARLEY Other Contracted Services Teen Work Program 167221 76 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 167222 1,060 SIGNATURE CONCEPTS INC. Clothing&Uniforms Community Center Admin 167223 482 SIGNSOURCE Signs Tree Disease 167224 91 SKOBOV,MIKHAIL Other Contracted Services Teen Work Program 167225 98 SNAP-ON TOOLS Small Tools Fleet Services 167226 138 SOFTWARE HOUSE INTERNATIONAL I Software Information Technology 167227 338 SOSNIECKI,BEN Mileage&Parking Tree Disease 167228 2,368 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 167229 809 SOUTHWEST SUBURBAN PUBLISHING- Employment Advertising Organizational Services 167230 2,153 SOUTHWEST SUBURBAN PUBLISHING- Printing Communication Services 167231 2,541 SPRINT Wireless Subscription Information Technology 167232 20,741 SRF CONSULTING GROUP INC Other Contracted Services Guide Plan 167233 12,557 ST CROIX ENVIRONMENTAL INC Other Contracted Services Utility Improvement Fund 167234 223 STAR TRIBUNE Dues&Subscriptions Fire 167235 797 STAR TRIBUNE Employment Advertising Organizational Services 167236 16 STEINER,SHARON Program Fee Trips 167237 3,187 STRATEGIC EQUIPMENT Machinery&Equipment Water Distribution 167238 2,345 STREICHERS Clothing&Uniforms Police 167239 495 SUBURBAN TIRE WHOLESALE INC Tires Fleet Services 167240 904 SUN NEWSPAPERS Legal Notices Publishing City Clerk 167241 148 SYED,ZOHAIB Other Contracted Services Teen Work Program 167242 3,187 TEAM LABORATORY CHEMICAL CORPO Repair&Maint.Supplies Sewer Liftstation 167243 24,741 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 167244 660 TIMM,KEVIN Other Contracted Services Softball 167245 436 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Services 167246 146 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 167247 173 TURNQUIST,KEITH Mileage&Parking Tree Disease Check# Amount Vendor/Explanation Account Description Business Unit 167248 761 TWIN CITY FILTER SERVICE INC Operating Supplies Utility Operations-General 167249 151 TWIN CITY OXYGEN CO Repair&Maint.Supplies Sewer System Maintenance 167250 623 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 167251 818 UNITED PROPERTIES Deposits Escrow 167252 2,196 UNITED RENTALS HIGHWAY TECHNOL Building Community Center Referendum 167253 302 UNITED WAY United Way Withheld General Fund 167254 410 UNIVERSITY OF MINNESOTA Conference Expense Engineering 167255 223 VERIZON WIRELESS Pager&Cell Phone Storm Drainage 167256 4,710 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations-General 167257 12,516 VIDEOTRONIX INC Other Assets Wireless Communication 167258 953 VINO SOURCE,THE Liquor Den Road Liquor Store 167259 1,000 VIRCHOW KRAUSE&COMPANY Miscellaneous Information Technology 167260 221 VWR INTERNATIONAL INC Laboratory Chemicals Water Treatment Plant 167261 6,035 WALL TRENDS INC Building Fire Station#4 167262 447 WALMART COMMUNITY Operating Supplies Safety Camp 167263 157 WARD,ANDREA L Other Contracted Services Teen Work Program 167264 178 WASTE MANAGEMENT-SAVAGE MN Waste Disposal Park Maintenance 167265 115 WEBER,GREG Tuition Reimbursement/School Police 167266 36 WELD&SON'S PLUMBING Plumbing Permits General Fund 167267 8 WILLIAMS,ELAINE Program Fee Trips 167268 596 WILLIAMSCHEN,LAURA Insurance Property Insurance 167269 839 WINE COMPANY,THE Wine Imported Prairie Village Liquor Store 167270 2,517 WINE MERCHANTS INC Wine Imported Den Road Liquor Store 167271 164 WISSNER,BASIL Special Event Fees Classes/Programs/Events 167272 225 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 167273 1,355 WORK CONNECTION,THE Other Contracted Services Park Maintenance 167274 454 WORLD CLASS WINES INC Wine Domestic Den Road Liquor Store 167275 1,114 XCEL ENERGY Electric Water Wells 167276 9,396 YALE MECHANICAL INC Equipment Repair&Maint Water Treatment Plant 167277 2,020 YOCUM OIL COMPANY INC Motor Fuels Utility Operations-General 167278 250 ZAHN,GERALD Other Contracted Services Volleyball 167279 293 ZIEGLER INC Other Rentals Special Initiatives 167280 551,730 MINGER CONSTRUCTION INC Improvement Contracts Construction Fund 3,630,046 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager September 4, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Office of the City Manager/ Resolution certifying proposed 2008 property tax Finance, Sue Kotchevar levy, accepting proposed 2008 budget, setting date(s) for Truth-in-Taxation hearing(s), and consenting and approving HRA tax levy Requested Action Move to adopt the resolution that: • Certifies the proposed 2008 property tax levy to be $33,618,626; and • Sets the"Truth-in-Taxation public hearing for Monday, December 3, 2007 and, if necessary, to reconvene the public hearing on Tuesday, December 11, 2007; and • Accepts the proposed 2008 budget of$42,054,786; and • Consents and approves the HRA tax levy of$200,000. Synopsis Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year. The City must also set a date for the "Truth-in-Taxation hearing and a date to reconvene it(if necessary). These dates may not conflict with the initial hearing dates set by Hennepin County, school districts, or the metropolitan taxing districts. Because they get to set their dates before we do, there are a very limited number of dates available. The dates of December 3 and December 11 are the most feasible for us to be within the schedule established by the Minnesota Department of Revenue. The Council must adopt the final tax levy and budget by December 18. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. The requested action will establish a preliminary City budget and property tax levy for 2008. The proposed budget and levy included in the resolution are what staff refers to as "Version 1.0 . Version 1.0 is the first draft of the 2008 budget, which includes revenue and expense projections based on initial requests from City staff. Version 1.0 does not include the staff reductions or human services funding reductions that are included in the City's Manager's Recommended Budget, which staff refers to as "Version 2.0 . Establishing the preliminary budget and levy set the starting point for finalizing the City Council's deliberations on the 2008 City budget. Establishing the starting point for the 2008 budget at the Version 1.0 levels will provide the City Council with sufficient budgetary flexibility to continue your discussion of budget philosophy into December when a final budget and final levy must be set. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- A RESOLUTION ADOPTING THE CITY'S PROPOSED 2008 PROPERTY TAX LEVIES,ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 2008,AND CONSENT AND APPROVE THE 2008 HRA LEVY WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager's recommended 2008 budget and tax levies; and WHEREAS,the City Council has decided to accept these recommendations at this time. NOW, THEREFORE, BE IT RESOLVED,that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2008 budget. Levy on Tax Capacity $32,096,902 Levy on Market Value 1,721,724 Total LEVY $33,818,626 The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2008. 2. Accepts the 2008 proposed levy of$33,818,626 and proposed budget totaling$42,254,786 at this time. 3. Consents and approves the 2008 HRA tax levy of$200,000. ADOPTED by the City Council on September 4, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk