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HomeMy WebLinkAboutCity Council - 07/20/1999 PPIPPP AGENDA EDEN PRAIRIE CITY COUNCIL/HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, JULY 20, 1999 7:00 PM,CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans,Ronald Case, Ross Thorfinnson,Jr.,Nancy Tyra-Lukens, CITY COUNCIL STAFF: City Manager Chris Enger, Parks& Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Attorney,Roger Pauly and Council Recorder Margaret Rasmussen I. ROLL CALL/CALL THE CITY COUNCIL/HOUSING AND REDEVELOPMENT AUTHORITY MEETINGS TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS IV. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY,JULY 6, 1999 B. CITY COUNCIL MEETING HELD, TUESDAY,JULY 6, 1999 V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LINCOLN PARC by Hartford Financial Services. 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 4.83 acres and Rezoning from Regional Commercial to Community Commercial on 4.83 acres and Adopt the Resolution for Site Plan Review on 4.83 acres and Approve the Developer's Agreement for Lincoln Parc. Location: Eden Road and Singletree Lane. (Ordinance for PUD District Review and Rezoning and Resolution for Site Plan Review and Developer's Agreement) CITY COUNCIL AGENDA July 20, 1999 Page 2 C. ADC TELECOMMUNICATIONS by ADC Telecommunications. 2nd Reading of the Ordinance for PUD District Review with waivers on 91.03 acres and Rezoning from Rural to I-5 Industrial on 91.03 acres and Adopt the Resolution for Site Plan Review on 91.03 acres and Approve the Developer's Agreement for ADC Telecommunications.. Location: South of Technology Drive and east of Mitchell Road. (Ordinance for PUD District Review and Rezoning and Resolution for Site Plan Review and Developer's Agreement) D. RDA CENTER(LUNDS)by RDA Advisors. 2nd Reading of an Ordinance for a Planned Unit Development District Review and a Zoning District Amendment within the C-Reg-Ser Zoning District. Location: Southeast corner of Prairie Center Drive and Franlo Road. (Ordinance for Zoning District Amendment) E. STAHL ADDITION by Jerry Stahl. 2nd Reading of an Ordinance for Zoning District Change from Rural to R1-13.5 on 2.58 acres Location: 9905 Bluff Road. (Ordinance for Zoning District Change) F. ADOPT RESOLUTION APPROVING FINAL PLAT OF TECHNOLOGY CAMPUS 3RD ADDITION G. ADOPT RESOLUTION APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TRAFFIC SIGNALS AT CSAH 39 (VALLEY VIEW ROAD)AND SUPER VALU ENTRANCE/MARKET PLACE DRIVE),I.C. 99-5480) H. ADOPT RESOLUTION APPROVING GUIDE PLAN UPDATE EXTENSION I. ADOPT RESOLUTION AUTHORIZING EASEMENT ACQUISITION REQUIRED FOR DEVELOPMENT OF HALLETT PROPERTY VI. PUBLIC HEARINGS/MEETINGS A. EDEN SHORES SENIOR CAMPUS by SilverCrest Properties, LLC. Request for a Guide Plan Change from Low Density Residential and Neighborhood Commercial to Neighborhood Commercial/High Density Residential on 11.5 acres,Planned Unit Development District Review with waivers on 11.5 acres, Zoning District Change from Rural to RM-2.5 on 11.5 acres, Site Plan Review on 11.5 acres and a Preliminary Plat of 11.5 acres into one lot. Location: East of Highway 212 at Fountain Place. (Resolution for Guide Plan Change, Resolution for PUD Development Concept, Ordinance for PUD District Review and Zoning District Change and Resolution for Preliminary Plat) B. ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 15, EDEN SHORES SENIOR HOUSING PROJECT (Resolution) CITY COUNCIL AGENDA July 20, 1999 Page 3 C. ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 16, LINCOLN PARC APARTMENT PROJECT (Resolution) D. ADOPT RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR LINCOLN LANE STREET AND STORM SEWER IMPROVEMENTS,I.C. 52-196 E. ADOPT RESOLUTION GRANTING A TAX ABATEMENT FOR ADC TO FUND PUBLIC IMPROVEMENTS ON TECHNOLOGY DRIVE F. DELL ROAD/HIGHWAY 5 OFFICE by Tandem Properties. Request for Planned Unit Development Concept Amendment on 2.72 acres of the Jamestown PUD,Planned Unit Development District Review with waivers on 2.72 acres, Zoning District Change from Rural to Office on 2.72 acres, and a Site Plan Review on 2.72 acres. Location: Dell Road and Cascade Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change) G. LAKE PLACE TOWNHOMES by S &H Realty Management Co., LLP. Request for Planned Unit Development Concept Amendment on 2.26 acres to the overall Preserve PUD, Planned Unit Development District Review with waivers on 2.26 acres,Zoning District Change from Rural and RM-2.5 to RM-6.5 on 2.26 acres and Site Plan Review on 2.26 acres. Location: Southwest corner of Anderson Lakes Parkway and Center Way. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change) H. SPRING HILL SUITES by CSM Lodging, Inc. Request for Planned Unit Development Concept Amendment on 4.12 acres to the overall Town Place PUD, Planned Unit Development District Review with waivers on 4.12 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4.12 acres, a Site Plan Review on 4.12 acres and a Preliminary Plat on 4.12 acres into 2 lots. Location: Den Road and Leona Road. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment and Resolution for Preliminary Plat) I. VACATION 99-06 OF RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENTS IN TECHNOLOGY CAMPUS (Resolution) VII. PAYMENT OF CLAIMS VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS, REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL AGENDA July 20, 1999 Page 4 XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Special Recognition Announcements C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. 1998 Comprehensive Annual Financial Report(CAFR) E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Award Contract for Signal and Intersection Improvements at Mitchell Road and Anderson Lakes Parkway/ Scenic Heights Road, I.C. 96-5397 (Resolution) 2. Approve Plans and Specifications for Lincoln Lane Street and Storm Sewer Improvements,I.C. 52-196 (Resolution) F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION XIV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JULY 6, 1999 7:00 PM, COUNCIL CHAMBER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans,Ronald Case,Ross Thorfinnson, Jr., Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert,Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert,City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Jean Harris called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the agenda as published. Motion carried 4-0. A. INTRODUCTION OF AMY KLOBUCHAR,HENNEPIN COUNTY ATTORNEY'S OFFICE Amy Klobochar, the County Attorney, is implementing a plan to provide a liaison between her office and the Eden Prairie Police Department. She introduced Nancy McLean, a senior attorney in the County Attorney's Office, as the liaison. Mayor Harris expressed appreciation for this move to improve communication between the County and the City's Police Department. IV MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,JUNE 15, 1999 MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve as published the minutes of the City Council Meeting held Tuesday, June 15, 1999. UNAPPROVED MINUTES July 6, 1999 Page 2 Motion carried 3-0, with Mayor Harris and Councilmember Thorfinnson abstaining. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN PRAIRIE MALL THEATERS by General Growth Properties. 2nd Reading of the Ordinance for Planned Unit Development District Review on 10 acres and Zoning District Amendment in the Regional Commercial Zoning District on 10 acres and Adopt the Resolution for Site Plan Review on 10 acres. Location Eden Prairie Mall. (Ordinance 10-99-PUD-7-99 District Review and Zoning District Amendment and Resolution 99-93 for Site Plan Review) C. HALLETT ADDITION by Centex Homes. 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to R1-13.5 on 18.84 acres with waivers. Location: South of Pioneer Trail at Braxton Drive, north of Cedarcrest Drive. (Ordinance 11-99-PUD-8-99 District Review and Zoning District Change) D. PILLSBURY ADDITION by Pillsbury. 2nd Reading of the Ordinance for Planned Unit Development District Review on 8.25 acres with waivers and Zoning District Amendment in the I-2 Zoning District on 8.25 acres and Adopt the Resolution for Site Plan Review on 8.25 acres. Location: Northwest corner of Highway 5 and Mitchell Road. Ordinance 12-99-PUD- 9-99 District Review and Zoning District Amendment and Resolution 99- 94 for Site Plan Review) E. OAKVIEW OFFICE by Mount Properties. 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 3.76 acres and Zoning District Amendment within the Office Zoning District on 3.76 acres and Adopt the Resolution for Site Plan Review on 3.76 acres. Location: 7765 Golden Triangle Drive. (Ordinance 13-99-PUD-10-99 for Planned Unit Development District Review and Zoning District Amendment and Resolution 99-95 for Site Plan Review) F. EAGLE PEAK by Luxus Corporation. 2nd Reading of the Ordinance for Zoning District Change from Rural to Commercial Regional Service on 1.92 acres and Adopt the Resolution for Site Plan Review on 1.92 acres. Location: SW Corner of Plaza Drive and Valley View Road. (Ordinance 14-99 for Zoning District Change and Resolution 99-96 for Site Plan Review) c2 UNAPPROVED MINUTES July 6, 1999 Page 3 G. RESOLUTION 99-97 APPROVING FINAL PLAT OF FARRELL- LAPIC H. APPROVE CHANGE ORDER NO. 6 FOR WATER TREATMENT PLANT EXPANSION,I.C. 94-5350 I. RESOLUTION 99-98 RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING FOR LINCOLN LANE STREET AND STORM SEWER IMPROVEMENT,I.C. 52-196 J. AUTHORIZE INFORMAL PROFESSIONAL SERVICES AGREEMENT WITH STS CONSULTANTS, LTD. FOR THE 1999 BOG-MONITORING PROGRAM AT THE BEARPATH GOLF AND COUNTRY CLUB K. RESOLUTION 99-99 APPROVING SALE OF PROPERTY TO THE PILLSBURY COMPANY L. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT FROM WESTWOOD PROFESSIONAL SERVICES,INC.FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF A TEMPORARY TRAFFIC SIGNAL AT CSAH 1 (PIONEER TRAIL)/STARING LAKE PARKWAY/FLYING CLOUD BALL FIELD,I.C. 99-5497 M. APPROVE PURCHASE OF TOUCH TONE REGISTRATION SYSTEM FOR PARKS AND RECREATIONAL SERVICES N. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS AND ADVERTISEMENT TO BID FOR CITY CENTER REMODEL Tyra-Lukens inquired, with regard to Item M,purchase of a touch-tone registration system for Parks and Recreational Services, if an analysis was done to see if this system would save money over time. Lambert replied it is probably not going to save money but will improve service to the public, as they will be able to register people 24 hours a day. Tyra-Lukens asked Enger how the City Center remodeling was budgeted in 1999. Enger responded the Council budgeted$100,000 for hard costs for remodeling, and there are costs associated with overtime and interior landscape of about that same amount. MOTION: Case moved, seconded by Butcher-Younghans, to approve Items A-N on the Consent Calendar. Motion carried 5-0. VI. PUBLIC HEARINGS 3 UNAPPROVED MINUTES July 6, 1999 Page 4 A. JOINT PUBLIC HEARING OF THE EDEN PRAIRIE CITY COUNCIL AND HOUSING REDEVELOPMENT AUTHORITY FOR THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 15 EDEN SHORES SENIOR HOUSING. This project is located east of Highway 212 at Fountain Place. The site is 11.5 acres in size and the developer is requesting a Guide Plan change from low density residential and neighborhood commercial to neighborhood commercial/high density residential. Mayor Harris convened the HRA meeting. MOTION: Thorfinnson moved, seconded by Case, to open the public hearing. Enger said this item is related to a zoning request that was before the May 24, 1999 Planning Commission as well as the TIF request. The Planning Commission approved the TIF request,but continued(and approved)the rezoning at their June 14, 1999 meeting. Official notice of this public hearing was published on June 24, 1999, in the Eden Prairie News. Enger said Staff is recommending that the public hearing be continued so the Council and HRA can take action on both the rezoning and TIF request at the same time. Staff continued to process the TIF request after it was approved by the Planning Commission by publishing it for a July 6, 1999 public hearing. To avoid any awkwardness in considering the TIF plan prior to reviewing the project plans, Staff recommends continuing the TIF hearing until July 20, 1999. All related reports and resolutions will be provided in the July 20 Council packets. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to continue the public hearing of the Eden Prairie City Council and the Housing Redevelopment Authority to consider establishing TIF District #15 for the proposed Eden Shores senior housing project located at TH 212 and Fountain Place Road to the July 20, 1999 City Council meeting. Motion carried 5-0. MOTION: Thorfinnson moved, seconded by Butcher-Younghans,to close the HRA meeting. Motion carried 5-0. B. NORTH BLUFFS by Laukka-Jarvis. Request for Planned Unit Development Concept Review on 60.69 acres, Planned Unit Development District Review on 60.69 acres with waivers, Rezoning from Rural to R1-13.5 on 60.69 acres, and Preliminary Plat of 60.69 acres into 108 lots. Location: West of Homeward Hills Road and north of Silverwood. (Resolution 99-100 for PUD Concept Review, UNAPPROVED MINUTES July 6, 1999 Page 5 Ordinance for PUD District Review and Rezoning and Resolution 99-101 for Preliminary Plat) Enger reported that official notice of this public hearing was published on June 24, 1999, in the Eden Prairie News and sent to 89 property owners. Peter Jarvis of Laukka-Jarvis explained this site is part of the 1979 Planned Unit Development called Bluffs West 2"d Addition for a mixture of single family, duplexes, quads and apartment-condominiums. The 60.69 acres are to be subdivided into 108 single-family lots at a density of 1.77 units per acre. The property is bounded by Pioneer Trail, Homeward Hills Park, and the former landfill. The landfill is between 900-1400 feet west of the site. The centerline of the proposed runway expansion for Flying Cloud Airport is 2000 feet to the west. The entire property slopes from southwest to northeast down to the wetland area, but not including it. The wetland area forms a buffer along the easterly line of the development. Jarvis said this would be a phased development. Phase I consists of 56 lots. All of the lots meet the City's lot size and street frontage requirements of the R1-13.5 zoning district. A basic variance is being asked for the length of the cul de sac. They are proposing to build sidewalks on one side of every street, including the cul de sac. Laukka-Jarvis is asking the Council for approval of the preliminary plat. In consultation with Staff, the developer decided not to come in for approval of final development and final engineering drawings,to give MAC time to make their policy decision in terms of expansion of the airport. Staff recommended approval of this project,as well as the Planning Commission and Parks and Recreation Commission. In answer to a question from Case about the wetland, Jarvis said the wetland does not touch the development, as the lots end at the Homeward Hills Park property line. If the City ever wanted a stronger connection between the park and the proposed development, Laukka-Jarvis is dedicating to the City one-half acre, from the present buffer about 100 feet to the west of the Tree Farm subdivision. They are dedicating a triangular area and another 150 feet,up to the end of the cul de sac. Uram said the developer has prepared a phasing plan, similar to Riley Creek Ridge, with phase one outside of the safety zones for the expanded airport. This would allow part of the site to develop while at the same time give MAC the opportunity to consider purchasing the property. The developer has met most of the City's requirements, except for the length of the cul de sac. The Planning Commission approved the waiver of that request at their May 24 meeting and recommended approval of the project. Most of the property is in Noise Zone D at the present time. The Metropolitan Council is the process of amending the existing noise zone map for all reliever airports and this should be completed in the next 60 days. This change will cause only six lots to be within a conditional land use noise zone. 5- UNAPPROVED MINUTES July 6, 1999 Page 6 However, if the airport does expand, the safety and noise zones would apply. If Metropolitan Council adopts a new noise zone map based on an expanded airport, noise zones will affect all of the property. There are 2 proposed lots in Safety Zone A and 28 proposed lots in Safety Zone B. Thorfinnson inquired what would be done with regard to educating potential buyers about the landfill and the airport. Jarvis replied he believes his company is obligated by the Metropolitan Council to disclose the potential noise factor from the airport, and also about the landfill, and he intends to include two disclosure statements in the sale documents. Thorfinnson said he would like to see that those disclosures become part of the recording of the property before it is sold. Case also said he would like to see disclosure of the potential zoning for the airport. Jarvis replied that in Phase 1, Safety Zone A affects one full lot and portions of two others. Case said a worst-case scenario is that Jarvis decides to build Phase 2 before MAC makes a decision about expansion of the airport. He would like to know what disclosure would be given the people who buy a lot in what may become Zone B. Mayor Harris said the concerns about disclosure statements are well founded. The airport situation is an unknown factor. Perhaps Council would want to include this among its conditions for approval of the development. Tyra-Lukens said she would suggest putting up a sign on the property stating the airport issue so that people considering purchase of a lot will be aware of the possibilities. Jarvis said such a sign could tell potential buyers to check with the builder or with Laukka-Jarvis. Many of the neighbors surrounding this property thought this was going to be permanent open space. He said his communication is with the builders but the builders don't always pass along the communication. Rosow said if you rely on a statement that the developer gives to the builder, you can't always rely on this being given to the property owner. You can't rely on a sign on the property. If the developer doesn't have a covenant,he could still have a statement that the owner of the property files with the record that this property is within a landfill and airport area. Further,you will see that notice as part of the title issuance and the prospective buyer of a lot can back out of the purchase at that point. In the purchase of a lot that procedure is done quite early. Case said he would like to see a conservation easement for the wetland. Mayor Harris asked if anyone wished to address the Council on this development. Richard Schwenkel, 10112 Englewood Drive, said he lives directly south of Homeward Hills Park. He asked what the City, County,or State would be doing to 6 UNAPPROVED MINUTES July 6, 1999 Page 7 • handle the additional traffic that will be generated as a result of building 100 units. He described the situation at the intersection of Homeward Hills Drive and Pioneer Trail where there has been a steady increase in traffic on the north-south route. This is almost the only outlet south of Pioneer Trail. He inquired if there are any plans to put left-turn and right-turn lanes at that intersection, and if there are any plans to get egress from the proposed development to the north. Dietz responded he believes the improvement to upgrade Pioneer Trail to a four-lane facility, in conjunction with the County,will help to relieve the traffic problem, and there will be a permanent signal installed at Homeward Hills Road along with a left- turn and right-turn lane. In addition, the City and County are working on a long- standing project to provide another outlet to the east on Riverview Road. Both of these projects are somewhat controversial. Although it has been delayed, the County believes a bid opening for the upgrade to Pioneer Trail could take place in August. The Council has approved that project and fully expects it will be implemented. Rick Taylor, 10283 Winter Place, said he lives immediately to the southwest of the development. He expressed concern about delaying the improvements on Pioneer Trail because the traffic will increase with development of the North Bluffs project. Dietz said the County believes they still might have a bid opening in August. Most of the work will begin next year and it will be a two-year project(2000-2002). Chris Morton, 12726 Sandy Point Road, said her property is located adjacent to the first phase of the project. When she bought her lot she was told the area behind the lot would never be developed, and didn't know that it was zoned residential. She was in attendance at the Planning Commission meeting,where the commission told Peter Jarvis to hold a neighborhood meeting to inform the neighbors about the North Bluffs project. She said she took it on herself to schedule a neighborhood meeting to which Mr. Jarvis was invited. The result of the meeting was to ask the developer to plant a buffer of trees between their lots and the new development. They also discussed covenants. Covenants in her neighborhood prohibit the construction of chain-link fences. Those at the meeting want the new development to have the same covenants. Mr. Jarvis said the new lots would not have covenants. Kim Klenner, 12672 Sandy Point Road, reiterated what Chris Morton said. The proposed lots on the top of the bluff are extremely close to the back of the lots on Sandy Point Road, and they would like the developer to create a natural buffer. The purchasers of the new lots would probably also want buffers. Mark Ryan, of the Metropolitan Airports Commission, said he would like to reiterate a statement they presented to the Planning Commission with regard to changing the zoning from rural to single-family residential. The existing aircraft flight patterns are right over this development, so developing that area to single- / UNAPPROVED MINUTES July 6, 1999 Page 8 family residential would be inconsistent with Metropolitan Council's land use compatibility guidelines and recent planning efforts. The best way to prevent future land-use problems is to through preventive maintenance and this is certainly a fine example of some kind of preventive land-use controls. One of the issues brought up earlier that outdoor use by property owners may be affected by aircraft, some of these areas are and will continue to be affected by the aircraft patterns. It will create more problems for the citizens and the City itself. Case told Mr. Ryan that the solution to this would be for the MAC to buy the land. The MAC needs to zone this as Safety Zone B. Mr. Ryan responded that the City was approached by MAC in 1982 to develop airport zoning around the airport. A model zone was developed by the airport and there was one public hearing. The City decided not to carry it any further. Enger said the City attorney advised the City Staff not to adopt a joint airport zoning board because the City would be taking on liability that was caused by MAC. In intervening years,on dozens of occasions, the City Staff has appeared before the Metropolitan Council telling them this was a dilemma that was going to occur, and that the City believes that MAC, the Metropolitan Council, or MnDOT also is empowered under state law to enact the joint airport zoning board. However, each of these bodies has declined to take on this responsibility. The City's view is that the airport is creating impacts off of land that they own, and if the regulatory authority that creates a liability by keeping and denying use of that land,then the regulatory authority that decides to enact the zone should be the one that takes responsibility for creating the impact. In the City's view,that would be the Metropolitan Council,MnDOT or MAC,but each of these bodies has denied that responsibility on more than one occasion. Butcher-Younghans said there is no question this land is privately held and there are many people who have chosen to live in this area. Since MAC isn't coming forward to purchase the land,people should have the option to purchase it. Mayor Harris said the developer's proposal to do this project in a phased manner speaks to the uncertainty of what happens with redefinition of Zones A and B. The fact he is proposing to develop what would be in Zone B allows him to move forward with the development, while MAC decides whether they are going to redesignate these zones. At this point,whereas we would agree there may be some impact,the discussion in the workshop has led her to feel more comfortable that the impact will be no greater than if MAC doesn't redesignate or redefine the safety zones, even though the traffic does increase at the airport. Ryan said, in terms of the phasing of the development, the Flying Cloud EIS will not be completed until October 2000, so possibly there could be some negotiations to extend that time frame, and MAC would be willing to talk to the developer about this. UNAPPROVED MINUTES July 6, 1999 Page 9 Robert Adair, 12654 Sandy Point Road, said he did a lot of research before building their house at this location. He contacted the City and was told there was no plan to develop the area behind his lot. He and the neighbors picked their lots because of the bluff behind them. He believes the people who buy lots in the new development should have full disclosure from the builder before they buy the lots. He would like to be assured at this time that there would be trees planted as a buffer between the old and new developments. He is also concerned about water run-off when the contractor digs into the hill in the new development. Laura Bluml, 10540 West Riverview Drive, said she lives one mile away from the new development area and walks in this area. She has no objection to the development of this area. She understands people's concerns bordering this area, however. She is more concerned with differentiation between the private and public parklands and whether there will be a physical buffer where the lots butt up against the park. The hope is that people don't take the public land and use it as their own by dumping grass clippings on it, trample the property, etc. The drainage is a problem along the path that leads from the north end of the park through to the park buildings. It is flooded even after light rains and she would like to have the drainage in this area looked into. She is also concerned about need for a vehicular traffic management review at the intersection of Silverwood Drive and Homeward Hills Road. Homeward Hills is the only way north out of this area. Riverview Road is the only way out of this area to the south. She also expressed concern about the speed limit of 35 mph along Homeward Hills Road right outside the park,whereas the rest of the road is 30 mph. She would like to see this looked into and also more enforcement of the speed limit along this road and driving through stop signs. Another concern is that there is a partial sidewalk on the north side of Silverwood. She wondered if that sidewalk is going to be extended. The north side is never plowed in the winter and the children from the park who have to cross Silverwood are in danger from the traffic coming around the corner. There were no other persons wishing to speak to the Council. MOTION: Butcher-Younghans moved, Thorfinnson seconded,to close the public hearing. Discussion followed. Butcher-Younghans wanted clarification of the agreement of the buffer from the existing neighborhood to the proposed development. Jarvis responded that he was asked to plant the same kind of buffer that exists between their neighborhood,which is known as Parcel C, along the rear lot lines at the south boundary of this parcel up against the north boundary of Parcel B, which are the lots on the north side of Riverview Road. Those consist of spruce trees 8 feet-10 feet high, approximately 16 feet-18 feet on center staggered for roughly 1000 feet, which is the common boundary to this parcel. He agreed to plant this same type of buffer between the existing development and the new development at the neighborhood meeting recently. 9 UNAPPROVED MINUTES July 6, 1999 Page 10 Mayor Harris said the change to the plans could be done before the second reading is approved. Butcher-Younghans expressed concern about how to do the disclosure without the hardship of buying a lot and building a house before finding out. Rosow said he would look into this before the next meeting. He will review enabling legislation to see if it would be appropriate for the Council to adopt a disclosure ordinance that states there must be disclosure or the buyer can cancel the agreement to buy the lot. However, a buyer wouldn't want this to be disclosed after the house is built. There was further discussion on having one condition that no chain link fences be allowed, as this seemed to be the one the neighbors mentioned specifically. Rosow said authority could be given to the individual property owners to bring suit if a fence were built. Tyra-Lukens wondered if the screening by trees would make a chain link fence unnecessary. Thorfinnson said he believes it is a matter of discretion for the Council, as the City has authority over matters that involve aesthetics. However, the developer has heard the concerns of the adjoining neighborhood and might be willing to put in one covenant regarding the building of chain link fences. Case commented on the wetland area. The Council has tried to be very conscious of encroachment on the park and protecting lands the City needs. He would like to see the wetland area cut off and protected for a community outlot or conservation easement, as he is concerned about encroachment on Homeward Hills Park. Thorfinnson said he would like to use a conservation easement for this purpose and would like to see the boundary of the park and of the wetland clearly delineated with wetland markers. MOTION: Tyra-Lukens moved,Butcher-Younghans seconded,to close the Public Hearing and adopt Resolution 99-100 for PUD concept review on 60.99 acres; and approve 1St Reading of the Ordinance for PUD District Review with waivers and Rezoning from Rural to R1-13.5 on 60.69 acres; and adopt Resolution 99-101 for Preliminary Plat of 60.69 acres into 108 lots; and direct staff to prepare developer's agreement incorporating commission and staff recommendations including additional landscaping along the southern boundary as agreed to by the developer; a conservation easement along the lots abutting Homeward Hills Road, and delineation with wetland markers along the wetland; and before a second reading a workable method of dealing with the disclosure issues. Motion carried 5-0. MOTION: Case moved, seconded by Thorfinnson, to grant an early grading permit for Phase 1 of the project to Laukka-Jarvis, at their own risk. Motion carried 5-0. UNAPPROVED MINUTES July 6, 1999 Page 11 At 9:00 p.m. the Council took a recess until 9:15 p.m. C. FLYING CLOUD CORPORATE CAMPUS PHASE II by Liberty Property Trust. Request for Planned Unit Development Concept Review on 32.05 acres, Planned Unit Development District Review on 24.87 acres with waivers, Rezoning from Rural to Office on 24.87 acres; and Site Plan Review on 24.87 acres. Location: Between Columbine Road and Highway 212, south of Anderson Lakes Parkway. (Resolution 99-102 for PUD Concept Review, Ordinance for PUD District Review and Rezoning) Enger said official notice of this public hearing was published on June 24, 1999, in the Eden Prairie News and sent to 314 property owners. It was not reviewed by the Parks and Recreation Commission. He asked the proponent to come forward. John Gatttuso, Senior Vice President of Liberty Property Trust, said his company was granted approval of the first phase of this project a year ago for a 60,000 square foot office building. At that time, a site plan review and rezoning on southernmost 7.2 acres was approved. The first phase office structure will be completed in August. Liberty Property Trust is proposing to develop the remaining five, single-story office buildings totaling 219,600-sq. ft. in three phases. A trail and sidewalk system will be developed throughout the corporate campus with connections to the existing trail on Columbine Road. Uram said the Planning Commission voted 5-0 to recommend approval of the project to the City Council at the May 24, 1999,meeting. Construction of the traffic signal at Columbine Road and Anderson Lakes Parkway needs to be completed. A waiver from one allowed sign per frontage to two signs allowed along Columbine Road is requested since no signs will be located on Anderson Lakes Parkway and there are two entrances in excess of 300' apart on Columbine Road. Melody Mayer lives across the street from the proposed project. In the past there has been traffic from two office buildings but she is concerned about additional traffic that will be going right in front of the homes, and wondered if it could be rerouted. Right now there are 1500 to 2000 cars per day going through Columbine Road. Dietz responded this was the way it was planned. There are two outlets off Columbine, and Anderson Lakes Parkway provides an additional access to T.H. 212. This was constructed to accommodate these traffic volumes. The speaker asked why the traffic couldn't be routed right onto TH 212, as most people want to get onto that roadway. Dietz responded the more interruptions you have in traffic, the less capacity the roadway has. This was part of the approval process when the project came through originally. Routing through intersections where traffic can be controlled and prevent a bottleneck is MnDOT's goal. He doubted if MnDOT would approve additional access onto the roadway. UNAPPROVED MINUTES July 6, 1999 Page 12 MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the public hearing. Discussion followed. Case said the original project for that area called for up to 800 townhomes, so there would have been more traffic if that many had been built. The way it developed,half are homes and half office complex,which appears to be a better use of the property. Thorfinnson said the Council approved direct access onto T.H. 212, but MnDOT rejected this. Tyra-Lukens said she appreciated the Planning Commission stipulation that there has to be a signal at the intersection. She inquired if it will be completed in August. Dietz responded he believed the project began that day after a four-week delay. Gattuso interjected that intersection widening in all four directions is involved. The traffic regulatory signs will be put up July 7. The signals were ordered,but changes were made at the request of the City,which will delay the project until late in August. Tyra-Lukens said it appeared there were not many trees on the plan, in terms of caliper inches. Gattuso responded that most of the trees are a buffer from the residential area. There will be a small putting green, so it would be difficult to find a place for more plantings. They will try to have as much berming as possible along Columbine Road. Case said he would like to see that done as soon as possible, and also requested a mix of deciduous and evergreen trees. This would also help with nighttime traffic concerns. MOTION: Thorfinnson moved, seconded by Case,to adopt Resolution 99-102 for PUD Concept Review on 32.05 acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers and rezoning from Rural to Office on 24.87 acres and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, including Traffic District Management (TDM). Motion carried 5-0. MOTION: Thorfinnson moved, seconded by Case,to grant an early grading permit to the developer at his own risk. Motion carried 5-0. D. RDA CENTER(LUNDS)by RDA Advisors. Request for PUD Concept Review on 6.2 acres,Planned Unit Development District Review with waivers on 6.12 acres and Zoning District Amendment in the C-Reg-Ser Zoning District on 6.12 acres and Preliminary Plat of 6.12 acres into 2 lots. Location: Southeast corner of Prairie Center Drive and Franlo Road. (Resolution 99-103 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment and Resolution 99-104 for Preliminary Plat) Enger stated official notice of this public hearing was published on June 24, 1999, in the Eden Prairie News and sent to 70 property owners. There was no review by the Parks and Recreation Commission. He asked the proponent to make a UNAPPROVED MINUTES July 6, 1999 Page 13 presentation. Lee Stedman,Eden Prairie resident and President of Realty Development Advisors. He wants to create two lots by subdividing one lot currently containing the Lunds building and a small commercial building. The Lunds building will be located on proposed lot 1 (4.42 acres) and the commercial building on proposed lot 2 (1.70 acres). Tyra-Lukens asked if there are developers or owners interested in purchasing the Lunds building separately from the rest of the center. Stedman said no; the Lunds building also includes the rest of the development on it, which is on one parcel. In order to buy Lunds, a buyer would have to buy the small building with tenants in it. He is trying to make it available to purchase separately by subdividing the property into two parcels, and the person who bought it could be on the separate parcel. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution 99-103 for PUB Concept Review on 6.12 acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers and adopt Resolution 99-104 for Preliminary Plat on 6.12 acres into two lots. Discussion followed. Tyra-Lukens stated when signage was originally approved the Council approved signage based on the entire site. Uram responded perhaps shared signage of the type there now would be appropriate, or two signs commensurate with the sign ordinance laws. Jean Johnson said Lunds Center did have a variance for the pylon sign. If division into the two lots occurs, two lots would be entitled to two freestanding pylons. Councilmembers Case and Tyra-Lukens agreed to this as long as it complies with the code. Motion carried 5-0. E. STAHL ADDITION by Jerry Stahl. Request for Zoning District Change from Rural to R1-13.5 on 2.58 acres and Preliminary Plat of 2.58 acres into 2 single-family lots. Location: 9905 Bluff Road. (Ordinance for Zoning District Change and Resolution 99-105 for Preliminary Plat) Enger said official notice of this public hearing was published on June 24, 1999, in the Eden Prairie News and sent to 58 property owners. He asked the proponent to make his presentation. Jerry Stahl explained that he and his aunt own 2.58 acres at 9905 Bluff Road. He is seeking Council approval to rezone the 2.58-acre lot into two single-family lots. His /3 UNAPPROVED MINUTES July 6, 1999 Page 14 aunt will live in an existing home on proposed Lot 2,while he will build a house on the other lot. It is currently zoned rural and he is requesting this be changed. The Planning Commission voted 6-0 to recommend approval of the project at its May 24, 1999 meeting. The Parks and Recreation Commission did not review this project. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to close the Public Hearing; and approve 1'Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 2.58 acres; and adopt Resolution 99-105 for Preliminary Plat of 2.58 acres into 2 single family lots; and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. F. VACATION 99—05 DRAINAGE AND UTILITY EASEMENTS OF LOTS 1 THROUGH 5, BLOCK 2, BEARPATH TRAIL ADDITION (Resolution 99- 106) Enger said the Developer has requested this vacation to remove the underlying easements from the plat of Bearpath Tenth Addition, approved by the City Council on May 18, 1999. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Case moved, seconded by Butcher-Younghans, to close the public hearing and adopt Resolution 99-106 vacating the drainage and utility easements as platted over Lots 1 through 5, Block 2,Bearpath Trail Addition. Motion carried 5- 0. G. VACATION 99—04 DRAINAGE AND UTILITY EASEMENTS OF LOTS 1 AND 2, BLOCK 1, SHADY OAK BUSINESS CENTER(Resolution) Enger explained the property owner has requested this vacation to avoid potential title problems resulting from the construction of a building over the common lot line. The easements are not needed by the City in this location. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to close the public hearing and adopt Resolution 90-107 vacating part of the drainage and utility easements over Lot 1 and 2,Block 1, Shady Oak Business Center. Motion carried 5-0. �171 UNAPPROVED MINUTES July 6, 1999 Page 15 VII. PAYMENT OF CLAIMS MOTION: Butcher-Younghans moved, seconded by Case, to approve Payment of Claims as submitted. Motion was approved on a roll call vote,with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens, and Mayor Harris voting"aye." VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS, REQUESTS AND COMMUNICATIONS A. REVIEW PERKINS VARIANCE REQUEST#99-08 Enger explained this item, as a plat,was previously reviewed by Council earlier this year and was subsequently sent to the Board of Appeals, which took action. He asked Jean Johnson to report on the action taken by the Board of Appeals. Information has been submitted to the Council and some questions he suggested be referred to Rosow to make a report on. The public record is quite extensive on this issue and it may be appropriate to solicit any new information people have to present this evening, if it has not been included in the Council packet. It may also be appropriate to have the proponent make a presentation. Jean Johnson said on May 13 the Board of Adjustments and Appeals reviewed Variance 99-08. The information is in Council's packet as is the information background that the plan parks and council has reviewed for the preliminary plat request. The Board's review did consider Planning Commission minutes of January 25, and the Parks and Recreation minutes of February 1, as well as the City Council minutes of March 2, 1999, where the plat was considered and the preliminary plat was approved. There are some unique circumstances in this property and there would be some difficulty in creating house building pads and lot lines. It is located at the terminus of a cul de sac, it is wooded, and there is a grade change of approximately 44 feet. The Board's action on May 13 was to deny the variance involved in this change. The applicant appealed the decision and it was scheduled for Council's review. Rosow said the Council received a letter from the attorney representing some owners in the area opposed to granting the variance and the question arose as to the issue of reasonable use of the property and whether statements set forth in the letter were a correct reflection of the law. The letter correctly reflects the law to the extent that it discusses the issue. However, that is not the whole story. The City code has language consistent with this statute, which says the Board of Adjustments and Appeals is to hear requests for variances from the literal provision of the ordinance in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such a variance only when it is demonstrated such action will be in keeping with the spirit and intent of the ordinance. The statute defines"undue hardship"as meaning /5- UNAPPROVED MINUTES July 6, 1999 Page 16 the property cannot be put to a reasonable use, if the uses under conditions allowed by the official controls and the plight of the property owner is due to circumstances unique to the property,not created by the landowner, and the variance if granted will not alter the essential character of the locality. The letter from the attorney would lead the Council to believe that it can only grant this variance and overrule the Board if the property can be put to no other reasonable use, and that would be an incorrect interpretation of the law on that issue. The Court of Appeals has addressed it in a similar situation. The City of St. Paul wanted to put domed athletic facility on a park property next to a residential area. The neighbors objected to that use of the property. The city granted the variances necessary and the neighbors brought the issue to court. What the court said shows the City Council has a great deal of discretion in this issue. The court said the appellants construed the statute and ordinance,which says the property cannot be put to a reasonable use under the strict provisions of the code to mean that if property can be put to any reasonable use, then granting the variance is unreasonable and not allowed. But the court said it construed the statute to mean the landowner would like to put the land to a reasonable use but is prohibited under the strict provisions of the ordinance. In a situation in which you grant a variance, you are not required as a Council to make it the determination that there is no other reasonable use to which this property can be put other than that which would be allowed by granting the variance. The Council is allowed,under the Court's interpretation of the statute,to view the request for a variance to say this is a reasonable use of the property, which would not be allowed except by granting the variance. The Council can also look at the unique characteristics of the land in its deliberations. The standard to which the Council is held is not that there cannot be any other reasonable use of the property, but a determination of whether this is a reasonable use of the property under the circumstances, and one that would not otherwise be allowed because of the requirements of the code. Mayor Harris said unless there is some new information to be presented, Council should consider only the facts they have already received. She asked if Mr. Perkins wished to make any comments, but he did not. The Mayor asked if anyone else wished to speak to the request for the variance. No one did. Rosow said because this has taken up considerable Council time, and there has been so much information presented, he asked that the Council would acknowledge not only information it has before it at this time,but also information it has been given at past Council meetings, which includes information presented at Planning Commission meetings and also information in connection with the plat. In addition, all the letters from the residents and proponent should be considered part of the Council record. MOTION: Butcher-Younghans moved,Thorfinnson seconded,to grant the variance and to reverse the Board of Appeals based on the findings. Motion carried 3-2, /6 UNAPPROVED MINUTES July 6, 1999 Page 17 with Councilmembers Case and Tyra-Lukens voting no. X. REPORTS OF ADVISORY BOARDS AND COMMISSIONS A. ARTS COMMISSION (David Steppat) Enger said at the Council's last meeting it was requested that the Arts Commission report on its activities. Last year, when the City Council was involved in some strategic planning,the Arts Commission was beginning its strategic planning, and the Council met with members of the Arts Commission and asked them to develop a plan under the umbrella of the City's Strategic Plan and return to the Council with their action plan. Steppat said he has been on the Arts Commission for four years. He planned to make a report on what the Commission is doing, changes in activities over the past two years, and how the Strategic Plan of the Arts Commission lines up with the strategic initiatives of the City. The following are activities sponsored by the Arts Commission: • Staring Lake concert series in the summer • Summer and winter theater. The winter theater production was very successful. • Eden Prairie Arts Festival. It was expanded in the second year at Eden Prairie Center and attracted about 2000 people. • Community Band • Diverse City on the Prairie • Art on City Walls Over the past two years they have tried some new events. One is Poetry Night, where people can read their own poetry. High School students in particular appreciate the opportunity to come and read their poetry. The Arts Commission has a Strategic Plan, called"Vision 2001", and the members are pleased at how well it lines up with the City's Strategic Plan. One initiative is to develop and nurture strategic partnerships, which it has done in various ways. They work with the Community Education Commission and Human Rights and Diversity Commission,the library where Poetry Nights are held,the Eden Prairie Center where the Arts Festival is held, community service groups, such as Boy Scouts, who provide concessions at various events, and they exchange their ideas with other city's arts organizations. A second initiative is to invest resources wisely. This involves building concert, theater, and arts festival programs to enrich the community's life; creating vital volunteer programs, maintaining venues and equipment for performances, and creating a Strategic Plan and consistent calendar of events. /7 UNAPPROVED MINUTES July 6, 1999 Page 18 A third goal is to reflect the community's diversity. This is done through"Diverse City on the Prairie",which is a signature event. There are also programs designed for all age groups, almost all events are free to the public, and there is provision for different art forms. A fourth initiative is to provide effective, timely communication to promote the Commission's activities. They do this through use of a variety of promotional vehicles, forming active relationships with local Twin Cities media, and having a feedback program for audience response. Thorfinnson said Steppat did a good job of showing how the Commission's work lines up with the City's Strategic Plan,but what is discussed in the minutes of their meetings doesn't line up with the City's plan or what was presented tonight. In particular, there is discussion about an arts center. He wanted to know if there is something in the Commission's plan about an arts center, because it is not in the City's Strategic Plan or its Capital Improvement Program. Mayor Harris said she believes Eden Prairie has one of the Twin Cities' best Art Commissions. Arts are quite critical in enhancing the social and cultural fabric of cities; they support quality of life and have an ameliorating effect on other negatives that may be present in a city. She commended the Arts Commission on what they are doing and thanked Mr. Steppat for his presentation. She would like to have a sense of where the Commission sees its future and asked that its Strategic Plan be made available to the Council. It was determined that the Arts Commission's Strategic Plan could be incorporated into the Council's packet of information for the next Council meeting. Butcher-Younghans commented she is pleased to see the programmatic approach the Arts Commission is taking and also the development of relationships and partnerships,because that strengthens what it and all commissions in the city can do. Tyra-Lukens stated she has recently worked with two youth focus groups under the auspices of Building Assets Together. One was English as a Second Language, a group of middle school students, and the other group was juniors and seniors evenly divided between those who consider themselves to be athletes and those who don't. She is glad the Arts Commission is working on programs for some of these young people, such as poetry reading and the music programs. She encouraged Steppat to get in contact with Building Assets Together, as they are working to assess the needs of these young people. XI. APPOINTMENTS / 0 UNAPPROVED MINUTES July 6, 1999 Page 19 XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION Council Forum will be held the first and third Tuesdays of the month from 6:30— 6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. XIV. ADJOURNMENT MOTION: Thorfinnson moved that the meeting be adjourned. Mayor Harris adjourned the meeting at 10:00 p.m. UNAPPROVED MINUTES JOINT MEETING EDEN PRAIRIE CITY COUNCIL HOUSING REDEVELOPMENT AUTHORITY TUESDAY,JULY 6, 1999 7:00 PM, COUNCIL CHAMBER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans,Ronald Case,Ross Thorfinnson,Jr.,Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert,Public Safety Director Jim Clark,Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Jean Harris convened the HRA meeting at 7:05 p.m. JOINT PUBLIC HEARING OF THE EDEN PRAIRIE CITY COUNCIL AND HOUSING REDEVELOPMENT AUTHORITY FOR THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 15 EDEN SHORES SENIOR HOUSING. This project is located east of Highway 212 at Fountain Place. The site is 11.5 acres in size and the developer is requesting a Guide Plan change from low density residential and neighborhood commercial to neighborhood commercial/high density residential. MOTION: Thorfinnson moved, seconded by Case, to open the public hearing. Enger said this item is related to a zoning request that was before the May 24, 1999 Planning Commission as well as the TIF request. The Planning Commission approved the TIF request, but continued (and approved) the rezoning at their June 14, 1999 meeting. Official notice of this public hearing was published on June 24, 1999, in the Eden Prairie News. Enger said Staff is recommending that the public hearing be continued so the Council and HRA can take action on both the rezoning and TIF request at the same time. Staff continued to process the TIF request after it was approved by the Planning Commission by publishing it for a July 6, 1999 public hearing. To avoid any awkwardness in considering the TIF plan prior to reviewing the project plans, Staff recommends UNAPPROVED MINUTES July 6, 1999 Page 2 continuing the TIF hearing until July 20, 1999. All related reports and resolutions will be provided in the July 20 Council packets. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to continue the public hearing of the Eden Prairie City Council and the Housing Redevelopment Authority to consider establishing TIF District #15 for the proposed Eden Shores senior housing project located at TH 212 and Fountain Place Road to the July 20, 1999 City Council meeting. Motion carried 5-0. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the HRA meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 7:10 p.m. o2 • UNAPPROVED MINUTES EDEN PRAIRIE COUNCIL/STAFF WORKSHOP TUESDAY,JULY 6, 1999 5:00-6:55 P.M. CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher-Younghans,Ronald Case,Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger,Public Safety Services Director Jim Clark,Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, Environmental Coordinator Leslie Stovring, Senior Planner Scott Kipp, and Council Recorder Peggy Rasmussen OTHER: Flying Cloud Airport EIS Noise Mitigation Commission Members: Tom Heffelfinger,Joe Smith,Alan Nitchman,Rob Kilpatrick,Jeff Larsen,Jeff Bauer, Gary Schmidt,John Smith MAC Staff: Mark Ryan,Roy Furhman, Chad Legve,Mitch Killian: Barr Engineering: Bob Obermeyer,Hal Runke: Riley-Purgatory-Bluff Creek Watershed District: Conrad Fiskness CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 5:20 p.m. II. APPROVAL OF AGENDA MOTION: Butcher-Younghans moved, seconded by Case, to approve the agenda. Motion carried 5-0. III. TOPICS A. PRESENTATION OF FLYING CLOUD AIRPORT NOISE MITIGATION Tom Heffelfinger, Chair of the Flying Cloud Airport Advisory Commission, spoke for the Commission. He said that last July the Metropolitan Airports Commission (MAC) set up the Flying Cloud Airport EIS Noise Mitigation Committee to develop a Noise Mitigation Plan for inclusion in the Environmental Impact Statement (EIS) for the expansion of the Flying Cloud Airport. One subject they considered was the revision of MAC's Ordinance 51. The group began reviewing this in September 1998 and ended early in May 1999. They looked at how other airports handle noise problems, at the engines on various aircraft, etc. After much COUNCIL/STAFF WORKSHOP MINUTES July 6, 1999 Page 2 discussion, a compromise agreement was reached to consider changes to Ordinance 51. They concluded that both weight and evaluation of the aircraft engines should be used in revising the ordinance, as this rewards individuals and companies using the most recent state-of-the-art technology in their aircraft. The goal of the recommended changes is to replicate the noise contours for an expanded Flying Cloud Airport that would exist if there were no expansion of the airport. Total aircraft operations are expected to increase whether or not the airport expands. It appears there will be additional hangars at the facility, which will increase traffic. Heffelfinger pointed out that Section 2.4 regarding the curfew, is also changed. It states that no Stage II jet aircraft can operate out of the airport between 10:00 p.m. and 6:00 a.m. To address Council and resident concerns regarding use of the airport, the revised ordinance includes that no scheduled airline or FAR Part 121 cargo operations, such as Federal Express, would be permitted, and includes a limit of 22,500 pounds Basic Empty Weight for all Stage III aircraft. This would allow the quietest heavier Stage III fan-jets to use the airport. Heffelfinger recommended retaining a Flying Cloud Commission for the future to ensure compliance with Ordinance 51. He pointed out that non-compliance could result in criminal prosecution. It is also recommended that the ordinance be reviewed every three years. Chris Enger said he has been asked many times over the years who is supposed to enforce Ordinance 51 and how is it done? Heffelfinger replied enforcement will be done through MAC, and those in violation of the ordinance will be reported to local authorities. It is very difficult to pursue, however, because there is liable to be a challenge of interfering with interstate commerce. The commission discussed how to handle violations. If a pilot were operating outside the daytime use limit, for example, the airport manager would talk to the operator first about the violation. MAC, the advisory commission and local law-enforcement authorities could process violations. That is why it would be a good idea to keep the commission in place, as it could decide to ban a particular operator from the airport if there were a number of violations. Enger said he doesn't know when this process has ever been tested to see if it works. He would like to see a test case. With regard to an ongoing role for the commission, he would like to know what the expected role of that commission would be. Heffelfinger replied Flying Cloud Airport fall within the jurisdiction of Eden Prairie, Hennepin County, and MAC. MAC told the advisory commission of a handful of cases where aircraft operators were violating the ordinance. The operators were advised they were in violation, and their behavior changed. This outcome is better than prosecuting cases. Having a test case would be a good idea. Heffelfinger suggested the advisory commission could be kept informed of enforcement actions and used as a "watch-dog" group. He does not expect it to a COUNCIL/STAFF WORKSHOP MINUTES July 6, 1999 Page 3 expand into a judicial role. The appropriate authority for crimes committed on airport property would be the city attorney, acting on a report from airport police. Mayor Harris thanked Heffelfinger for his presentation and said the next step for the City Council would be approval of the EIS for the expansion of the Flying Cloud Airport. (The Draft EIS is scheduled for completion by the end of November.) B. PRESENTATION FROM BARR ENGINEERING ON WATER QUALITY OF ROUND LAKE AND POLICY DISCUSSION OF FUTURE RECREATIONAL USE Bob Obermeyer from Barr Engineering and a consultant for the Riley-Purgatory- Bluff Creek Watershed District said Eden Prairie has the benefit of three lakes, two of which are in the watershed district. He said the purpose of the report is to provide policy options for maintaining the status of Round Lake as a swimming facility. Hal Runke explained that the Use Attainability Analysis provides an analysis of seven components of a water body that reflects its general health. It also includes diagnoses of problems and how to achieve better water quality. The problems they found are an accelerated rate of nitrogen and phosphorous levels that promote the growth of blue-green algae. This is a result of run-off from the hard surfaces around the lake, landscaping around the lake, as well as the storm water system. The Use Attainability Analysis is outcome-based and intended to look at what needs to be done to achieve desirable conditions for swimming. Late in the summer, fecal contamination of the lake occurs because of the large number of geese around the lake. The conditions have been getting worse over the years. The amount of algae in the lake can be measured; when there is less than a meter and a half transparency, the water becomes less desirable for swimming. This is a standard developed by the DNR. There are stunted pan fish in the lake, which are not attractive to people who want to use the lake for fishing. In 1981 and 1982 the DNR added a fish toxicant to the lake to remove the pan fish and added new fish which are predators to the pan fish. However,there are very few of these predators remaining in the lake Barr Engineering conducted a yearlong sampling process. They looked at what practices would have to be instituted to improve water quality sufficiently to support swimming. Of the total annual phosphorous load, approximately 60 percent of it comes from the northwest sub-watershed area. Barr Engineering's recommendations to improve the lake's water quality include: • Use of conventional methods, such as more street-sweeping and banning the use of phosphate fertilizers. • Constructing a tenth retention pond for the northwest portion of the lake where there is none. 3 COUNCIL/STAFF WORKSHOP MINUTES July 6, 1999 Page 4 • Increasing the volume or depth of three existing storm-water retention ponds near the lake. NURP ponds remove 40 percent to 50 percent of phosphorous. Barr Engineering does not believe these remedies will be sufficient, however, to support swimming. They are recommending construction of a water-treatment plant that would add alum on an ongoing basis to the surface water that reaches Round Lake from the northwest sub-watershed area, in order to reduce phosphorous levels. Alum treatment of runoff and other methods should result in sufficient improvement to support swimming. There would be a one-time construction cost for an alum water-treatment plant of$760,000, and there would be an annual maintenance cost for the plant of$10,000 to $25,000. Runke said that alum is aluminum sulfate and forms aluminum hydroxide in the water, which sweeps all algae from the water and will absorb much of the phosphorous. Butcher-Younghans inquired if treating the lake one time with alum would be sufficient and would save the cost of building an alum plant. Runke replied a one- time treatment is included in the recommendations they made. The lake would be improved temporarily but it soon would be back to where it is now. Runke explained that this whole process is driven by trying to achieve the goals set by the PCA, the Watershed Board and the DNR. They have classified Round Lake as a swimming resource in connection with the Clean Water Act. The City or Watershed District has to take responsibility for maintaining water quality in its lakes. Cities currently under regulation need to implement the rules by 2012. In order to exempt Round Lake from treatment to meet these goals, it would have to be reclassified as a non-swimming lake by the PCA. Case inquired if a comparison of all lakes in the watershed district is available. Runke replied the first round of tests was for all swimming lakes. The second round will be done on fishing lakes managed by the DNR. The third round will be on less-used lakes. Butcher-Younghans asked if having a ban on the use of phosphorous fertilizer would significantly impact the lake. Runke replied it would, as about 15 percent of the phosphorous in water from suburban residential areas comes from turfed lawns. The phosphorous from turfed areas gets into the water gradually, whereas it washes off impervious surfaces during hard rains. Instituting a phosphorous fertilizer ban may help the condition of Round Lake,but will not make the water swimmable. Lambert asked, if Eden Prairie decides there is not going to be swimming in Round Lake because the City can't afford the alum treatment, is there a lesser strategy than developing a water-treatment plant on this lake? What does the City need to do so there can at least be good fishing in Round Lake? Is there anything else the City can do to turn it around? Runke replied implementing the best management practices would help, and may even result in sufficiently good water quality to support swimming some years; other years it won't. `7" COUNCIL/STAFF WORKSHOP MINUTES July 6, 1999 Page 5 Dietz asked how long an alum treatment plant lasts, and Runke answered from 10 years to 15 years. Dietz suggested using conventional treatment methods and an annual alum treatment. Runke said it would be necessary to get a permit from both the DNR and the PCA every time a treatment is done. Mayor Harris thanked Mr. Runke for his presentation. The Council needs to decide if it wants to keep Round Lake as a swimmable lake. Perhaps they can look at a combination of options. She asked staff to come back to the Council with possible options and a calculation of costs. IV. OTHER BUSINESS V. COUNCIL FORUM VI. ADJOURNMENT Mayor Harris adjourned the meeting at 6:50 p.m. CITY COUNCIL AGENDA DATE: July 20, 1999 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Clerk's License Application List V.A. &Financial Services/ Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. CONTRACTOR A. Binder& Son Inc Alliance Mechanical Services Inc Century Roofing Conrad Mechanical Contractors Inc Crawford-Merz Construction Co Dickey Properties/Kirk Dickey EnviroDesign Group LTD State Mechanical Inc July 20, 1999 - 1 - CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Consent Calendar SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Michael D. Franzen Lincoln Parc V% S Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers on 4.83 acres and Rezoning from Regional Commercial to Community Commercial on 4.83 acres; and • Adopt the Resolution for Site Plan Review on 4.83 acres; and • Approve the Developer's Agreement for Lincon Parc Background This is a 186 unit and 20,000 sq. ft. mixed use facility near the water tower. Attachments 1. Ordinance for PUD District Review and Rezoning 2. Resolution for Site Plan Review 3. Developer's Agreement LINCOLN PARC CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 15-99 PUD 11-99 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 Regional Commercial and be place in the Community Commercial Zoning District 15-99-PUD- 11-99 (hereinafter "PUD 11-99-Community Commercial"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 20, 1999, entered into between Hartford Financial Services and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 11-99-Community Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 11-99-Community Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD 11-99-Community Commercial is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD 11-99-Community Commercial are justified by the design of the development described therein. D. PUD 11-99-Community Commercial is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and shall be included hereafter in the Planned Unit Development PUD 11-99-Community Commercial and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 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 1st day of June, 1999, 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 20th day of July, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on May 20, 1999. 3 LINCOLN PARC CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 15-99-PUD-11-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, CHANGING THE ZONING OF 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, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows changing the zoning of land located at Eden Road and Singletree Lane from Rural to Community Commercial Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) q Exhibit A Lincoln Parc Legal Description: Lot 1, Block 1, Idlewild Lake Addition; Tract A, RLS 895; Lot 20, Auditors Subdivision 335; Lot 4, Block 1, Eden Prairie MarketCenter r LINCOLN PARC CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR LINCOLN PARC BY HARTFORD FINANCIAL SERVICES WHEREAS, Hartford Financial Services has applied for Site Plan approval of Lincoln Parc on 4.83 acres for construction of 186 rental apartment units and 20,000 square feet of office/retail. The project is located at Eden Road and Singletree Lane to be Zoned Community Commercial on 4.83 acres by an Ordinance approved by the City Council on July 20, 1999; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 10, 1999, Planning Commission meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its June 1, 1999,meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Hartford Financial Services for the construction of a 186 rental apartment units and 20,000 sq. ft. of office/retail space, based on plans dated May 25, 1999, between Hartford Financial Services and the City of Eden Prairie. ADOPTED by the City Council on July 20, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 6 CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Consent Agenda SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Donald R. Uram ADC Telecommunications Y•C Michael D Franzen Requested Action Move to: • Approve 2" Reading of the Ordinance for PUD District Review with waivers on 91.03 acres and Rezoning from Rural to I-5 Industrial on 91.03 acres; and • Adopt the Resolution for Site Plan Review on 91.03 acres; and • Approve the Developer's Agreement for ADC Telecommunications Synopsis ADC is proposing the development of the property for a world corporate headquarters and technology campus. The plan is three phases. Phase one is 430,000 square feet. Phase two is 150,000 square feet. Phase three is 600,000 square feet. Background Information Attachments 1. Ordinance for PUD District Review and Rezoning 2. Summary of Ordinance for PUD Concept Review and Rezoning 3. Resolution for Site Plan Review 4. Developer's Agreement ADC TELECOMMUNICATIONS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 9-99-PUD-6-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be place in the Planned Unit Development I-5 Industrial Zoning District 9-99-PUD-6-99(hereinafter "PUD-6-99-I-5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 20, 1999, entered into between ADC Telecommunications, Inc. and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-6-99-I-5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-6-99-I-5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-99-I-5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-6-99-I-5 are justified by the design of the development described therein. D. PUD-6-99-I-5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and shall be included hereafter in the Planned Unit Development PUD-6-99-I-5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of May, 1999, 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 20th day of July, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on 3 ADC TELECOMMUNICATIONS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 9-99-PUD-6-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE ZONING DISTRICT, AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DESTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located south of Technology Drive and east of Mitchell Road from Rural to I-5 Industrial Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) —! Exhibit A ADC Telecommunications Legal Description: Lot 1, Block 2, Technology Campus, Hennepin County, Minnesota And Lot 1, Block 3, Technology Campus, Hennepin County, Minnesota ADC TELECOMMUNICATIONS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ADC TELECOMMUNICATIONS BY ADC TELECOMMUNICATIONS, INC. WHEREAS, ADC Telecommunications, Inc. has applied for Site Plan approval of ADC Telecommunications on 91.03 acres for construction of a world corporate headquarters and technology campus. The plan is three phases. Phase one is 430,000 square feet. Phase two is 150,000 square feet. Phase three is 600,000 square feet. The project is located south of Technology Drive and east of Mitchell Road, to be zoned I-5 Industrial on 91.03 acres by an Ordinance approved by the City Council on May 18, 1999; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 26, 1999, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its May 18, 1999, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to ADC Telecommunications, Inc. for the construction of a world corporate headquarters, based on plans dated May 11, 1999, between ADC Telecommunications, Inc., and the City of Eden Prairie. ADOPTED by the City Council on July 20, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 6 07/15/99 15:42 FAX 612 349 6718 LANG PAULY GREGERSON Q 003/019 DEVELOPERS AGREEMENT ADC TELECOMMUNICATIONS,INC. THIS AGREEMENT is entered into as of July 20, 1999, by ADC Telecommunications, Inc. a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE,a municipal corporation,hereinafter referred to as "City": WTTNESSET H: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 91.03 acres,Planned Unit Development District Review with waivers on 91.03 acres,Rezoning from Rural to I-5 Industrial on 91.03 acres, Preliminary Plat on 91.03 acres, Site Plan Review on 91.03 acres, and Alternative Urban Areawide Review ("AUAR") on 91.03 acres for construction of a world corporate headquarters and technology campus, which includes 1,180,000 square feet of building,all of which 91.03 acres are legally described on Exhibit A attached hereto and made a part hereof(the "Property"): NOW, THEREFORE, in consideration of the City adopting Resolution No. 99-71 for Planned Unit Development Concept Review, Ordinance No. 9-99-PUD-6-99 for Planned Unit Development District Review and Rezoning from Rural to 1-5 Industrial,Resolution No. for Site Plan Review, and Resolution No. 99-72 for Preliminary Plat and Resolution No. 99-76 for AUAR, the parties agree as follows: 1. PLANS: Developer agrees to construct upon, develop and maintain the Property in conformance with the materials revised and dated May 18, 1999,reviewed and approved by the City Council on May 18, 1999, and attached hereto as Exhibit B and made a part hereof, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C attached hereto and made a part hereof_ 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of public streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, sanitary sewer,public water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of construction value regarding such public improvements shall be paid to City by Developer. The Design Engineer shall provide daily inspection,certify completion in conformance to approved plans and specifications and provide record drawings. 1 7 07/15/99 15:43 FAX 612 349 6718 LANG PAULY GREGERSON l3004/019 4_ ROAD IMPROVEMENTS: Developer shall design and construct the following ("Road Improvements"). Prior to the commencement of the Road Improvements, plans for the Road Improvements; shall be prepared to City standards and approved by the City Engineer. Between the eastern side of the intersection of Mitchell Road and Technology Drive and a point four hundred(400) feet east of the centerline of Purgatory Creek which passes under Technology Drive, which point is also commonly referred to as the western entrance to the Southwest Metro Transit hub property, widen Technology Drive to four(4)lanes. The eastbound approach on the western side of the intersection of Technology Drive and Mitchell Road shall be widened into a three-lane approach. This approach should provide a left-turn lane,through lane, and right turn lane. The westbound approach on the eastern side of the intersection of Technology Drive and Mitchell Road shall be widened into a three-lane approach. This approach should provide a left-turn lane, through lane, and right-turn/through lane. The northbound approach on the southern side of the intersection of Mitchell Road and Technology Drive shall be widened into a four-lane approach. This approach should provide a left-turn lane, two through lanes, and right turn lane. The southbound approach on the northern side of the intersection of Mitchell Road and Technology Drive shall be widened into a four-lane approach. This approach should provide two left-turn lanes, through lane, and right turn/through lane. The Road Improvements shall be completed by November 30,2002. The City will acquire any additional right-of-way required for such Road Improvements along the northern side of Technology Drive and in the southwest quadrant of the intersection of Mitchell Road and Technology Drive. Developer shall provide at its cost all other right-of way. ADC's obligations under this section 4 are contingent upon its receipt, by July 20, 1999, of approval from the city council of the City regarding a tax abatement agreement to be entered into between ADC and the City,the proceeds of which will be used to pay ADC for the City's share of the cost of construction of the Road Improvements. At the time this Agreement is entered into by the parties,they anticipate that the cost of the Road Improvements will not exceed two million dollars($2,000,000). If, after ADC receives the formal bids for the construction of the Road Improvements, pursuant to a solicitation of bids as provided by and in conformance with Minnesota Statutes§§471.345-.36,the amount of such bids exceeds such amount, ADC will notify the City thereof and the City, upon review of the bids,will decide which reductions to snake to the scope of the work to be performed for the Road Improvements so that the cost thereof does not exceed two million dollars ($2,000,000)- 2 2 07/15/99 15:43 FAX 612 349 6718 LANG PAULY GREGERSON IJ005/019 5. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to issuance of any occupancy permit for the Property, Developer shall complete construction of the improvements described in the approved plan. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The Riley Purgatory Bluff Creek Watershed District has required ADC to obtain a land alteration bond,in the amount of one hundred seventy five thousand dollars($175,000.00),regarding the Property. Before such bond may become effective as to the City, ADC will provide a draft copy thereof to the City and such bond shall not become effective as to the City until it has approved the terms thereof, which shall include the City's land alteration requirements specified in the land alteration permit and City code and such bond shall name the City as a co-beneficiary thereof. Prior to the release(consistent with the terms of the land alteration permit) of the land alteration bond, the design professional shall provide a final report to the City certifying completion of the grading in conformance with the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy entitled Exhibit D, attached hereto and made a part hereof. Prior to release (consistent with the terms of the land alteration permit) of the land alteration bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. C. PRETREATMENT PONDS: Prior to final plat approval on the Property, Developer shall submit to the City Engineer and receive the City Engineer's written 3 9 07/15/99 15:44 FAX 612 349 6718 LANG PAULY GREGERSON ll006/019 approval of plans and design information for all storm water quality facilities to be constructed on the Property. Developer shall complete construction of the facilities described in the approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property, the Design Engineer shall provide to the City Engineer proof that the pond size has not diminished from the original design volume because of sedimentation, erosion or other causes, and that the pond has been restored to its original volume if the pond size has diminished. b. DECLARATION OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT AND EXISTING WETLAND. Prior to release of the final plat for any portion of the Property,Developer shall execute,deliver to City,and record in the offices of the Hennepin County Recorder or Registrar of Titles, whichever is applicable, a Declaration of Restrictions and Covenants for Replacement and Existing Wetland ("Declaration") in the form of Exhibit E attached hereto and made a part hereof and shall provide evidence to the Director of Parks, Recreation and Natural Resources,that the Declaration has been filed. 7. EXTERIOR MATERIALS: Prior to the issuance of a building permit for a building on the Property, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property,Developer agrees to comply with the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 8. LANDSCAPE PLAN: Prior to the issuance of a building permit for a building on the Property,Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150% of the cost of completing the landscaping in accordance with the Plan and as required by City Code. Prior to issuance of any occupancy permit for the Property,Developer agrees to complete construction of the landscaping as described in the approved landscape plan in accordance with the terms and conditions of Exhibit C. 4 ld 07/15/99 15:45 FAX 612 349 6718 LANG PAULY GREGERSON C007/019 9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer agrees to complete construction of the irrigation system as described in the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units.The landscaping bond shall include the cost(150%) of, and a provision guarantying completion of construction of the mechanical equipment screening in accordance with the Plan and City Code. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner_ Developer agrees that City need not release the security provided until Developer completes all such corrective measures. 11. OTHER AGENCY APPROVALS: Prior to the issuance of any occupancy permit for the Property, the Developer shall submit to the City Planner,copies of all necessary approvals issued by other agencies for the project. The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Department of Natural Resources, Riley Purgatory Watershed District. 12. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the I-5 Industrial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD ): A. Building setback from 75 feet to 35 feet shall be measured from the Property line. B. Increase in office use from 50% to 75%. C. Increase in building height from 40 feet to 50 feet. D. Parking stall dimension from 9 foot wide with a 61-foot bay width to 8.5 foot wide and a 57-foot bay width. 5 it 07/15/99 15:45 FAX 612 349 6718 LANG PAULY GREGERSON 0 008/019 13. RETAINING WALLS: Prior to issuance by the City of any building permit for the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the land alteration plan in Exhibit B. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls.Developer agrees to complete construction of the retaining walls described in the retaining wall plan in accordance with the terms,and conditions of.Exhibit C,attached hereto,prior to issuance of any occupancy permit for the Property. 14. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit for the Property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources and obtain the Director's written approval of detailed plans for 8 feet wide trails to be constructed on the Property. 'bails shall be constructed in the locations as shown on Exhibit F, attached hereto and made a part hereof. Such trails shall be constructed in phases as Developer develops the Property. That part of the trail abutting, or parallel to, Technology Drive shall be constructed concurrently with the Road Improvements.That part of the trail located in the Easterly part of the Property and crossing or near the areas described in the Declaration, (Exhibit E) shall be constructed prior to the issuance of any occupancy permit for any building on the Property. That part of the trail extending from Technology Drive to Anderson Lakes Parkway located in the Westerly part of the Property shall be constructed prior to issuance of an occupancy permit for the first building to be constructed within Phase III of the Property. Developer shall convey the easements for the trails prior to release by City of the final plat of the Property. The easement for the trails shall be in the form of Exhibit G attached hereto and made a part hereof. 15. SIGNS: Developer agrees that for each sign which requires a permit pursuant to City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code,Section 11.70,Subdivision 5a. 16. TREE LOSS - TREE REPLACEMENT: There are 1,498 caliper inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 268 caliper inches. Tree replacement required are 64 caliper inches. Prior to the issuance of a land alteration permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 64 caliper inches of trees. 6 07/15/99 15:46 FAX 612 349 6718 LANG PAULY GREGERSON Cj 009/019 The approved plan shall include the replacement of 64 caliper inches of trees having 3-inch diameter minimum size for shade trees and 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer agrees to complete the replacement of trees described in the approved tree replacement plan prior to occupancy permit issuance_ 17. SITE LIGHTING: Prior to building permit issuance,Developer shall submit to the City Plan and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete construction of lighting described in the approved lighting plan prior to issuance of any occupancy permit for the Property. 18. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. 19. SPECIAL ASSESSMENT AGREEMENT: Prior to release of a final plat for any portion of the Property,the Parties will sign an assessment agreement with the City for trunk sewer and water assessments for an assessable area of 11.64 acres at the per acre rate then in effect. 20. RIGHT OF WAY DEDICATION: Developer shall dedicate right of way as indicated on the preliminary plat on Exhibit B. in addition, Developer shall dedicate right of way indicated on Exhibit H attached hereto and made a part hereof, for the proposed City improvements at the intersection of Scenic Heights Road/Anderson Lakes Parkway and Mitchell Road. 22. NO CASH PARK FEES: Developer will not be required to pay any Cash Park fees relating to the Property. 23. TRANSPORTATION DEMAND MANAGEMENT: A. City and Developer will work together with Southwest Metro, I-494 Commission, MnDot, and Metropolitan Council to develop model alternative transportation demand solutions. B. Developer will commit to an aggressive TDM plan with the goal of reducing peak hours traffic and parking by at least 10%up to 30%. Peak hours are the hour in the A.M. and the Hour in the P.M. during which the largest volume of traffic occurs. 7 i3 07/15/99 15:47 FAX 612 349 6718 LANG PAULY GREGERSON 0 010/019 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By _ Jean L. Harris,Mayor Its Chris M.Enger, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF IENNEPIN ) The foregoing instrument was acknowledged before me this day of _ ,1999, by Jean L. Harris and Chris M. Enger,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of July, 1999, by the of ADC Telecommunications, Inc_, a Minnesota corporation. Notary Public 8 07/15/99 15:47 FAX 612 349 6718 LANG PAULY GREGERSON Z 011/019 DEVELOPER'S AGREEMENT EXHIBIT C Prior to release of any building permit, Developer shall submit to the City Engineer for • approval two copies of a development plan(1"=100'scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks, trails,and any property deeded to the City. U. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed Diistrict. llI. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Developer's Agreement all approvals listed above were approved. TV. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. V. Developer represents that it has marketable fee title to the Property. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to release of the final plat,Developer shall provide to the City an attorney's opinion regarding the condition of title as to the Property. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance,hazardous waste,pollutant,or contaminant,including,but not limited to, those defined in or pursuant to 42 U.S.C. SS 9601, et seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. 1 07/15/99 15:48 FAX 612 349 6718 LANG PAULY GREGERSON Z 0 1 2/0 1 9 D. To the best of Developer's knowledge,that no previous owner,operator or possessor of the Property deposited, stored, disposed of,placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations and warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of,placed, or otherwise located or allowed to be located,in or on the Dedicated Property by Developer,its employees,agents, contractors or representatives. VI. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances,except as waived in this Agreement VII. Developer shall submit detailed water main, fire protection,and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. VIII. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this Agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. IX. Developer shall,prior to the commencement of any improvements,provide written notice to Paragon Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis,Minnesota 55411. X. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including: Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC). Contact Metropolitan Waste Control to determine the number of SAC units. 2 07/15/99 15:48 FAX 612 349 6718 LANG PAULY GREGERSON 0 013/019 XI. Prior to building permit issuance, existing structures,walls and septic systems(if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XII. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names,lot arrangements and property lines. XIII. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. 3 CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Consent Calendar ITEM NO. SERVICE AREA: ITEM DESCRIPTION: Community Development Donald R. Uram RDA Center Addition Mike Franzen Requested Action Move to: • Approve 2' Reading of an Ordinance for a Planned Unit Development District Review and a Zoning District Amendment within the C-Reg-Ser Zoning District. Synopsis This is a two-lot subdivision with PUD waivers located at 549-565 Prairie Center Drive. Attachments 1. Ordinance for Zoning District Amendment RDA CENTER ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-99-PUD-12-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the C-Reg-Ser Zoning District 16-99-PUD-99 (hereinafter "PUD-12-99-C-Reg-Ser"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 7, 1987, entered into between Commercial Partners, Inc. and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-12-99-C-Reg-Ser, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-12-99-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-12-99-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-12-99-C-Reg-Ser are justified by the design of the development described therein. D. PUD-12-99-C-Reg-Ser is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. E. PUD-12-99-C-Reg-Ser grants the following PUD waivers: 1. Base Area Ratio from.20 to.213. 2. Required Parking from 341 to 316. 3. Transfer of sign variance request#87-27 to proposed Lot 2,Block 4. To permit a shared driveway access from Prairie Center Drive with a 0' setback between the end of a driveway at the intersection of a right of way line. City Code requires 10'. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the C-Reg-Ser Zoning District and shall be included hereafter in the Planned Unit Development PUD-12-99-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 6th day of July, 1999, 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 20th day of July, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on June 24, 1999. 3 RDA CENTER ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 16-99-PUD-12-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 549- 565 Prairie Center Drive within the C-Reg-Ser Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) 9 Exhibit A Legal Description: Lot 1, Block 1, Lunds Center Addition 5 CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Consent Calendar ITEM NO. v► SERVICE AREA: ITEM DESCRIPTION: Community Development Donald R. Uram Stahl Addition Scott A. Kipp Requested Action Move to: • Approve 2'Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 2.58 acres Synopsis This is a two-lot subdivision located at 9905 Bluff Road. Attachments 1. Ordinance for Zoning District Change I STAHL ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 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 District and be placed in the R1-13.5 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of July, 1999, 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 20th day of July, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on June 24, 1999. 0Z STAHL ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 9905 Bluff Road from Rural to R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on . (A full copy of the text of this Ordinance is available from City Clerk.) 3 Exhibit A Legal Description: The West 300 feet of the SE '/4 of the NE '/4 of Section 36, Township 116, Range 22 lying south of Bluff Road and Outlot H, Bluffs East 4th Addition DATE: July 20, 1999 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: SECTION: Consent Calendar F, SERVICE AREA: ITEM DESCRIPTION: Public Works Final Plat Approval of Technology Campus 3rd Addition Engineering Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Technology Campus 3rd Addition Synopsis This proposal consists of replatting Lot 1, Block 2 and Lot 1, Block 3 Technology Campus into one lot. ADC Telecommunications, Inc. is proposing a 91 acre World Corporate Headquarters and Technology Campus which will be constructed in three phases. The plat is located east of Mitchell Road between Anderson Lakes Parkway and Technology Drive. Background Information The preliminary plat was approved by the City Council May 18, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on July 20, 1999. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of $9,646.00 • Receipt of street lighting fee in the amount of$7,284.20 • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements • The requirements as set forth in the Developer's Agreement • Completion of the vacation of Campus Boulevard right-of-way • Revision of plat to include the 50-foot wide drainage and utility easement over the existing sanitary sewer • Prior to release of the final plat, Developer shall execute, deliver to the City the Conservation Easements for the protection of existing trees and wetlands • Revision of plat to include the easterly drainage and utility easement be extended west to the center line of the existing sanitary sewer easement • Revision of plat to include drainage easements be titled drainage and utility easement • Revision of plat to include a dedicated 20-foot drainage and utility easement along Technology Drive Attachment Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF TECHNOLOGY CAMPUS 3RD ADDITION WHEREAS, the plat of Technology Campus 3rd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Technology Campus 3rd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 20, 1999. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on July 20, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, Clerk ,ECHNOLOGY CAMPUS 3RD ADDITION RT. DCC.NO. I hereby certify that I tare surveyed platted the lend described on ties plat a TECHNOLOGY CAMPUS KNOW ALL PERSONS BY THESE PRESENTS: That ADC Telecommtotications,foe, a Minnesota corporation.Cce owns of the following described property situated in the Comity of 3RD ADDITION;that this plat a a correct representation of the sumey,that all distances are correctly shown on Hennepin.Sate of Minnesota,to wit the plat in feet and hundredths of a Cant;that allmmhuninh have been carealy placed in the ground as shown orwill be ed as required by the local govmmmmtal unit that the outside boundary tines are correctly designated plat.on the Lot I.Block 2.Tedmology Campus,except that part lying East of the Wes 1.237.5 feet of the Northwest Quarter of Section I5,Township 116,Range 22,according to the recorded plat thereof,Hennepin County,Mimmeoeaola, Daniel L Tlmmme;Lewd Surveyor and Minnesota Lisrnse No.25718 . A That part of Lot I.Block 2.Technology Campus,according to the plat thereof on file or STATEOONOF OF HN NEPI of record in the office of the R � �y Minrawa, COUNTY og SPIN Registrar t Tides it and Quarter Herne C one foregoing Surveyor's Certificate was acknowledged before me this dry lying Has of the West 1,237.5 feat of the Northwest Quaver of Sehxion I5.Townsthip 116.Range 22. 199 by Daniel L.Mumes,Lend Surveyor. and Lot I,Block 3,Technology Campus. and Notary Public,Hermepm County.Minnesota My Commission Expires January 31,2000. Vacated Campus Boulevard ea platted in Technology Campus. EDEN PRAIRIE,MINNESOTA This plat of TECHNOLOGY CAMPUS 3RD ADDITION was approved end accepted by the City Council of the City of Eden Prairie, hgoncsoto. et a regular meeting thereof held this day of Has caused the smoe to be surveyed end putted es TECHNOLOGY CAMPUS 3RD , 199 . If applicable,the written commons and recommendations of the (�/. ADDITION and does hereby donate and dedicate to the public for the public use forever the Commissioner of Transponatiur and the Canny Highway Engineer have been received by the City or the \, ' drive,road and parkway and also the drainage and utility easements as shown on the plat prescribed 30 day pound lea elapsed without receipt of such comments and recommendations,as provided by Minnesota Statutes,Section 505.03,Subdivision 2. In wiliness whereof said ADC Telecommmhitccom Inc..•Mimosas corporation.has caused CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA these presents to be signed by its proper officer this day of .199 By .Mayor ADC Telecommunications,Ina By City Manager TAXPAYER SERVICES DIVISION,Hennepin County,Minnesota hereby certify that tees payable in 199 and prior years lave been paid for land described on this plat Doled STATE OF ° 1�- COUNTY OF Patrick H.O'Camor,Hennepin County Auditor, Than foregoing instiu,em was ackmowledged before me this day of ,199J by of ADC Telecommunications.Inc, a Hy •DePuh Minnesota corporation,on behalf of the copoation SURVEY SECTION.Hmmepin County.Minnesota Pursuant to Minnesota Statutes Section 383B.565(1969)this plat his been approved this day Notary Public, County. of 199 My Commission Expires • Gary F.Caswell County Surveyor; By REGISTRAR OF TITLES.Hennepin County,Miuresnta I hereby certify Oat the plat of TECHNOLOGY CAMPUS 3RD ADDITION was Med in this office this dry of ,199 ,at o'clock .M • Midhael H.Conniff.Registrar of Tides; By .Deputy. • -1`1�• ° i" i�t i dC i. s. rL# Et'`44klif4 • SHEET 1 OF 3 SHEETS \ RT. 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I IL J:1_0 11/011•111MENOMINOISMOVf_. ,;,..v.,., g o Denotes 1/2 i/A11 Pan pipe set marked sis arMaNarmMassMard. MamINIMIPMMOMMMIMi '',.14..,• r'L. ir:- k RL.5 25718 I I Z 'ZCI11111 01 11fl .4,..,,• ' DEM TO FEET IN MOM AND ADJOINGING LOT — . _ — . . — .: ye ,...,,, LINES UMESS OMERMSE INDICATED AND '64+1444441.ecs+44'1.: 8E.to FEET IN 141016 AND ADJOINING RICHT OF wAr LINES UNLESS OTHERSISE INMATE° SHEET 3 OF 3 SHEETS DATE: July 20, 1999 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: SECTION: Consent Calendar V. G. SERVICE AREA: rrEM DESCRIPTION: I.C. 99-5480 Public Works Approve Construction Plans for Traffic Signals at CSAH 39 (Valley View Engineering Road) and Super Valu Entrance/Market Place Drive Rodney W. Rue Requested Action Move to: Approve resolution approving construction plans and specifications and ordering advertisement for bids for traffic signals at CSAH 39 (Valley View Road) and Super Valu Entrance/Market Place Drive. Synopsis The City Council has previously approved a Special Assessment Agreement with Super Valu for the construction and funding of this traffic signal. In addition, the Council has approved a Cooperative Construction Agreement with Hennepin County for the financial and maintenance obligations for this signal. With this construction plan approval, we anticipate a bid opening on August 12th with a contract award at the August 17th City Council meeting. Staff recommends approval of the resolution approving construction plans and ordering advertisement of bids for this traffic signal. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer through Westwood Professional Services has prepared plans and specifications for the following improvements to wit: I.C. 99-5480 Signal Improvements at CSAH 39 (Valley View Road) and Super Valu Entrance/Market Place Drive and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids shall be received and publicly opened by the Deputy City Clerk and Engineer, at 10:00 a.m. on August 12, 1999, will then be tabulated, and will be considered by the Council on August 17, 1999. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on July 20, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk Z. CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Consent Calendar SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Michael D. Franzen Guide Plan Update Extension Requested Action Move to: • Adopt the Resolution for Guide Update Extension. Synopsis Additional time is needed to complete the Guide plan Update. The Metropolitan Council requires that the City Council adopt a resolution requesting an extension Attachments 1. Resolution for Guide Plan Update I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 99- A RESOLUTION REQUESTING A SIX MONTH EXTENSION OF THE JUNE 30, 1999 DUE DATE FOR REVIEW OF THE CITY OF EDEN PRAIRIE COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLANS WHEREAS, MN State Statute §473.175-473.871 requires that cities review and revise their comprehensive plans for consistency with Metropolitan Council policy plans; and WHEREAS,the Metropolitan Council has amended its policy plans; and has provided system statements outlining Council policy relative to the city; and WHEREAS, the City of Eden Prairie is required to revise its comprehensive plan for consistency with the amended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan Council by June 30, 1999; and WHEREAS,the City of Eden Prairie has scheduled and budgeted to complete a major review and update of its comprehensive plan by December 31, 1999; NOW, THEREFORE, BE IT RESOLVED,that the City of Eden Prairie requests that the Metropolitan Council grant the City of Eden Prairie a six month extension to the deadline to complete its comprehensive plan; circulate the revised document to the adjacent governmental units and affected school districts for review and comment; and, following approval by the planning commission and after consideration by the city council, submit the plan to the Metropolitan Council for review. ADOPTED by the City Council on July 20, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor 2 DATE: July 20, 1999 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: SECTION: Consent Calendar y ; • SERVICE AREA: ITEM DESCRIPTION: Public Works Authorize Utility Easement Acquisition Required for Development of Hallett Engineering Property Alan D. Gray Requested Action Move to: Adopt resolution authorizing City Engineer and City Attorney to acquire the necessary utility easements for off-site utilities required for the development of the Hallett Property south of Pioneer Trail in Sections 20 and 29. Synopsis The Development Agreement for the Hallett Property was approved July 6, 1999. It is necessary to construct sanitary sewer and storm sewer across an adjacent parcel of property to provide an outlet for sanitary sewer and storm drainage to the Hallett Property. Centex Homes has requested the City's assistance in acquiring the off-site utility easements. Background Information Centex Homes has worked with the adjoining property owner to acquire the necessary utility easements, but without success to date. The required easement is for the construction and maintenance of a public utility system. In instances where the developer and adjoining property owner are unable to reach agreements, staff recommends that the City support the project and use its powers of condemnation, if necessary, to assist with acquisition of the required easements. Centex would reimburse the City for all of its costs, including staff time and attorney fees for easement acquisition. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR HALLETT PROPERTY WHEREAS, the Eden Prairie City Council previously approved the preliminary plat and utility plans for the Hallett Addition, a 32 lot residential subdivision south of Pioneer Trail in Sections 20 and 29; WHEREAS, easements over adjoining property are required to construct the utility improvements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City Engineer and City Attorney are hereby authorized to acquire the necessary easements, by negotiation or condemnation, on the following property: Parcel 20-116-22-34-0023 ADOPTED by the Eden Prairie City Council on July 20, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk z CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Scott A. Kipp Eden Shores Senior Campus 1, A A . Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Comprehensive Guide Plan Change from Low Density Residential and Neighborhood Commercial to Neighborhood Commercial/High Density Residential on 11.5 acres; and • Adopt the Resolution for PUD Concept Review on 11.5 acres; and • Approve 1st Reading of the Ordinance for PUD District Review on 11.5 acres and Zoning District Change on 11.5 acres from Rural to RM-2.5; and • Adopt the Resolution for Preliminary Plat on 11.5 acres into one lot; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis This is a 321 unit senior campus offering a "continuum of care" approach to residency in conjunction with health care. The project is located east of Highway 212 at Fountain Place. Background Information The project consists of 311 apartment type units and 10 townhome units. The main building is three-story along the south and north property lines and four-story along the central portion of the building. The project provides a transition from the single-family homes to the south. In addition to the setback, berming and large conifer trees are proposed. Stormwater handling improvements to Eden Lake will allow significant tree mass to remain on the backside of the development. The project had been continued at the Planning Commission to address the physical nature of the building as it relates to the single-family neighborhood to the south. The following revisions took place to meet this direction as follows: • The building was lowered to three-story along the south property line. City Council Agenda Eden Shores Senior Campus July 20, 1999 Page 2 of 2 • Four units were removed from the plan. • The overall building height was reduced to 50 feet. • A screening fence was added along the east side of the townhomes. • Stormwater improvements will be made to Eden Lake as supported by the Watershed District rather than on-site ponding. This will preserve a large mass of trees on the backside of the building. The developer is requesting TIF financing to lower rents on 20% of the units, and write-down land acquisition costs. The Senior Issues Task Force identified the need to address the changing demographics of the senior population and the resulting needs for housing, transportation, and health and social services needs. Affordable housing opportunities was one of the needs identified. This proposal meets the objectives of the Task Force. The report said some flexibility in the zoning codes may be necessary, including the use of higher densities. The following waivers to City Code will be necessary through the PUD: A. Density at 28.3 units per acre. Code allows up to 17.4 units per acre. B. Site Area per Dwelling Unit of 1,542 sq. ft. Code requires 2,500 sq. ft. C. Building height to 50 feet. Code maximum is 45 feet. D. Parking at .7 spaces per dwelling unit and .3 enclosed. Code requires 2 spaces per dwelling unit, of which 1 is enclosed. E. Side yard structure setback at 15 feet. Code requires 25 feet. The Planning Commission voted 4-0 to recommend approval of the project at its June 14, 1999. The Parks, Recreation and Natural Resources Commission voted 4-0 to recommend approval of the project at its June 21, 1999 meeting. Attachments 1. Resolution for Guide Plan Change 2. Resolution for PUD Concept Review 3. Resolution for Preliminary Plat 4. Staff Reports dated June 11, 1999 and May 21, 1999 5. Planning Commission Minutes dated June 14, 1999 and May 24, 1999 6. Correspondence City Council Agenda Eden Shores Senior Campus July 20, 1999 Page 2 of 2 • The overall building height was reduced to 50 feet. • A screening fence was added along the east side of the townhomes. • Stormwater improvements will be made to Eden Lake as supported by the Watershed District rather than on-site ponding. This will preserve a large mass of trees on the backside of the building. The developer is requesting TIF financing to lower rents on 20% of the units, and write-down land acquisition costs. The Senior Issues Task Force identified the need to address the changing demographics of the senior population and the resulting needs for housing, transportation, and health and social services needs. Affordable housing opportunities was one of the needs identified. This proposal meets the objectives of the Task Force. The report said some flexibility in the zoning codes may be necessary, including the use of higher densities. The following waivers to City Code will be necessary through the PUD: A. Density at 28.3 units per acre. Code allows up to 17.4 units per acre. B. Site Area per Dwelling Unit of 1,542 sq. ft. Code requires 2,500 sq. ft. C. Building height to 50 feet. Code maximum is 45 feet. D. Parking at .7 spaces per dwelling unit and .3 enclosed. Code requires 2 spaces per dwelling unit, of which 1 is enclosed. E. Side yard structure setback at 15 feet. Code requires 25 feet. The Planning Commission voted 4-0 to recommend approval of the project at its June 14, 1999. The Parks, Recreation and Natural Resources Commission voted 4-0 to recommend approval of the project at its June 21, 1999 meeting. Attachments 1. Resolution for Guide Plan Change 2. Resolution for Preliminary Plat 3. Staff Reports dated June 11, 1999 and May 21, 1999 4. Planning Commission Minutes dated June 14, 1999 and May 24, 1999 5. Correspondence 3 EDEN SHORES SENIOR CAMPUS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 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 Eden Shores Senior Campus by SilverCrest Properties, LLC, for construction of a 321 unit senior campus requires the amendment of the Plan; 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: 11.5 acres from Low Density Residential and Neighborhood Commercial to Neighborhood Commercial/High Density Residential located east of Highway 212 at Fountain Place. ADOPTED by the City Council of the City of Eden Prairie this 20th day of July, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk EDEN SHORES SENIOR CAMPUS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN SHORES SENIOR CAMPUS FOR SILVERCREST PROPERTIES, LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the Eden Shores Senior Campus for Silvercrest Properties,LLC, dated June 25, 1999, consisting of 11.5 acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 20th day of July, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk • PLANNING COMMISSION MINUTES City of Eden Prairie June 14, 1999 Page 3 B. EDEN SHORES SENIOR CAMPUS by Silver Crest Properties, LLC. (continued from 5/24/99) Kipp introduced Mike Gould, President of Silver Crest Properties,LLC. Gould introduced Michael Krisch, of BKPV&Associates, the architect for the project. Krisch summarized the modifications made to the proposal, including: a reduced south wing to three stories, a reduced easterly end down to two stories, a reduction in the number of units from 325 to 321, and reduced overall building height from 57 feet to 50 feet, proposed improvements to Eden Lake rather than an on-site pond to preserve the existing tree mass in the southeast corner of the site, and added fencing and plantings along the townhouses for additional screening. Jan Anderson, HTPO Landscape Architect, indicated the evergreens they would plant would be from 14 feet to 20 feet high, using a mixture of spruce and pine in double to triple rows. Franzen responded to a question from the Commission regarding tree loss stating it is 70 to 80 per cent because most of the trees on the site are located in the center where the building will be located. The tree loss would be similar if commercial development took place to the central location of the trees. Kipp stated staff is recommending approval of the project. Tom Braun, 12540 Porcupine Court, asked questions regarding grading and stated concern about the site line; asking if the site line actually has been reduced and if the building is still located at the same elevation. Braun asked about the tree loss along Porcupine Court but on the development site, stating a significant number of trees would be lost. Braun's major concern is that he only sees a change from 4 to 3 stories and that the building is still too high. Scott Vohnoutka, 8541 Flying Cloud Drive, stated his approval of the project and that high buildings are not the eyesore being depicted. He stated this is an ideal location. He raised the question about what view would the residents of this development have of the residents living in the neighborhood. He stated the City needs this type of development and strongly urged the city not to shrink this project. He asked, why hide it? Jason Vohnoutka, 8541 Flying Cloud Drive, stated his concern if the developer loses more units, economics will increase the cost to the new owners. He is in favor of the project and pointed out there are nine property owners here that are against it, what about the 400 new residents moving in. Kirk Esser, 12565 Porcupine Court, said he would have a"front yard" view of the development and has no problem with the facility but is concerned about the view he will have being too massive. 6 PLANNING COMMISSION MINUTES City of Eden Prairie June 14, 1999 Page 4 Mike Gould stated he has been working with the neighborhood group and it has been a good experience. The revised plan tonight shows consideration for the objections of the neighborhood to the overall height. The Commissioners agreed that the developer has met the requests brought up at the last public hearing. MOTION: Habicht moved, seconded by Alexander to close the public hearing. Motion carried 4-0. MOTION: Habicht moved, seconded by Alexander to recommend to the City Council approval of the Silver Crest Properties, LLC for Guide Plan Change from Low Density Residential and Neighborhood Commercial to Neighborhood Commercial/High Density Residential on 11.5 acres, Planned Unit Development Concept Review on 11.5 acres, Planned Unit Development District Review with waivers on 11.5 acres, Zoning district Change from Rural to RM-2.5 on 11.5 acres, Site Plan Review on 11.5 acres, and Preliminary Plat of 11.5 acres into one lot based on plans dated June 11, 1999, and subject to the recommendations of the Staff Reports dated May 21, 1999, and June 11, 1999. Motion carried 4-0. Z(i)' /99? Pc C. EDEN SHORES SENIOR CAMPUS by SilverCrest Properties, LLC. Kipp introduced the developers. Michael Gould, SilverCrest Properties, explained the "continuing care facility for seniors" concept for the project. He said they have met with the neighbors four times and because of the neighbors' requests they have made some modifications to their plans. Peter Pfister, architect presented the site plan. Kipp went over the issues of the Staff Report and stated the staff recommends approval. Tom Brown, representing the Eden Lake North neighborhood, met with the developer on the site twice. He stated that not all the neighbors' concerns have been addressed, such as the height of the building. The site is at a higher elevation than the neighborhood which puts the building at 100 feet higher than the homes and would be quite visible for some distance. He stated concerns with the density waiver; grading and loss of trees and the replacement trees and berming. He stated the project would be as high as the Flying Cloud airport elevation. He stated the developer has really tried to work with the neighborhood but there are remaining concerns about height and density. He stated opposition to the density waiver. Carl Gammon, 12485 Porcupine Court, appeared in favor of the use but asked that the density be decreased. Carl Haerle, 12595 Porcupine Court, appeared in favor of the use but stated concerns with the height. Lori Kron, 12425 Porcupine Trail, appeared in favor of the use but concerned with her property values decreasing. Randy Pettinger, 12655 Porcupine Trail, stated concern with the ten townhomes in his backyard. The townhomes would be 25 feet away and asked for adequate buffering such as a fence and additional trees. Scott Vohnoutka, 8541 Flying Cloud Drive, stated the development is very good; likes the spruce trees because they are green year round; and there is a great need for a facility of this type since many residents in the Eden Prairie area have lived here 35 to 40 years. Chris Karchok, 12570 Porcupine Trail, appeared in favor of the use but is concerned with the scope of the project. He moved here 11 months ago for privacy. She stated the proposed development would be like parking a "battleship" in her backyard. People living there will be looking down in his backyard and into his house. Curt Connaughty, 11860 Sunny Brook Road, has lived here 45 years and agreed with the need for this type of use and believes this is a good place for it. Alexander is in favor of this type of development. She stated her concern for the market rent of $1,050 seeming too high. Habicht agrees with the neighbors in that this type of facility brings a 0 whole lot of public good but the building is just too big for the site. He asked the developer if less height would work. Gould stated if the height were altered there would be impact on the number of units. He stated more screening might be a possibility. Franzen identified the issue the Commission was most concerned with was the physical expression of the building. He advised the Commission to suggest to the developer to be creative in resolving the height issue. Gould agreed to a continuance to June 14 to continue work with the neighbors on the height issue. MOTION: Clinton moved, seconded by Alexander to continue the public hearing on this item to the June 14, 1999 Planning Commission meeting. Motion carried 5-0. MOTION: Habicht moved, seconded by Clinton to find the draft Tax Increment Financing Plan for the Eden Shore Senior Project consistent with the goals of the City's Comprehensive Plan. Motion carried 5-0. Chair Foote informed the residents that no new notices would be sent regarding the continued public hearing date of June 14, 1999. 9 STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: June 11, 1999 SUBJECT: Eden Shores Senior Campus APPLICANT: Silvercrest Properties, LLC FEE OWNERS: Alice Overbey, John O'Neill, Alan O'Neill, Brian O'Neill, and William O'Neill, Willard and Beverly Anderson, Thomas and Nancy Wohnoutka, Richard Vohnoutka, Trustee, Everett and Leona Nesbitt, Jean Fischer, Trustee,Nelson,Nelson and Follese Development Corporation. LOCATION: East of Hwy. 212 at Fountain Place REQUEST: 1. Guide Plan Change from Low Density Residential and Neighborhood Commercial to Neighborhood Commercial/High Density Residential on 11.5 acres. 2. Planned Unit Development Concept Review on 11.5 acres. 3. Planned Unit Development District Review with waivers on 11.5 acres. 4. Zoning District Change from Rural to RM-2.5 on 11.5 acres. 5. 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"'t,.. • (6).',n,: A.ai 9y ' a'°� 91) „'=, m. - (40) 4" 1.-•. Pot• 41.33' :e-,, 'ov2m E '4 ,,t." (90) '� - -0 '°" (IT7 (T) - ' (11) �� t88i�•(89) `,,*`• a;° 131.30 i5 . .3,91 . ` •`(5)Y.3R . 3 .O'Q �.► .. k :m 1.3d• '.3;a „ 17`. 1`Ya A1'}'��/$0/7•7 k : (41). I j t ' ^s ." - cuub)° it w }°_✓,.r �:i' -.(52).1 (51) (51) (42)f '� f ` •'� (9)2 • -3, *3..� •',,(5t) 3[ CS t10 t-•,3 II- ., 4 .� i (so)•4, artt.m r .s, ..f \ _ - S (4) . .i t ' G H3.3 ta.1y ,tI--- `n.t;a(43)y.. // -e20) -1"(il) -4 r s...... ' i.'3)•Y._F-��.,,'' " (64)-r(63) -, t .s` t , Staff Report—Eden Shores Senior Campus June 11, 1999 BACKGROUND The Planning Commission continued this project at its May 24, 1999, meeting and directed the developer to revise the plans to address the physical nature of the building as it relates to the single-family neighborhood to the south. The primary concern was the height of the structure. PLAN REVISIONS The plans have been revised as follows: 1. The four-story portion of the building along the south elevation has been reduced to three-story. The height of the building along this elevation does not exceed City Code. 2. The four-story walkout portion of the building along the backside has been reduced from 57 feet to 50 feet. 3. A six-foot wood screening fence has been added along the east side of the proposed townhomes. Large conifers supplement the fence. 4. Storm water improvements will be made to Eden Lake and the on-site storm water pond will be eliminated. This will reduce the amount of site grading so existing tree mass can remain undisturbed in the southeast corner of the site, providing for a natural vegetative buffer to the backside of the building. The Watershed District supports this effort since Eden Lake is the storm water basin for the Eden Prairie Center area. STAFF RECOMMENDATION Staff would recommend approval of the Comprehensive Guide Plan Change from Low Density Residential and Neighborhood Commercial to Neighborhood Commercial/High Density on 11.5 acres, Planned Unit Development Concept Review on 11.5 acres, Planned Unit Development District Review with waivers on 11.5 acres, Rezoning from Rural to RM-2.5 on 11.5 acres, Site Plan Review on 11.5 acres, and Preliminary Plat on 11.5 acres into 1 lot, based on plans dated June 11, 1999,the Staff Report dated May 21, 1999, and June 11, 1999, and the following: 1. 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. B. Provide a 10-foot public trail easement along Flying Cloud Drive up to Fountain Place for future trail or sidewalk purposes. 2 1Z Staff Report—Eden Shores Senior Campus June 11, 1999 2. 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. 3. Prior to building permit issuance, the proponent shall: A. Review the building plans with the Fire Marshal. B. Submit a landscaping bond in accordance with City Code. C. Provide building material samples and colors for review by the City Planner. D. Pay the cash park fee. 4. The following waivers to the City Code are granted as part of the PUD: A. Density at 28.3 units per acre. Code allows up to 17.4 units per acre. B. Site Area per Dwelling Unit of 1,542 sq. ft. Code requires 2,500 sq. ft. C. Building height to 50 feet. Code maximum is 45 feet. D. Parking at .7 spaces per dwelling unit and .3 enclosed. Code requires 2 spaces per dwelling unit, of which 1 is enclosed. E. Side yard structure setback at 15 feet. Code requires 25 feet. 3 / 3 STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner Krista R. Flemming, Planner I DATE: May 21, 1999 SUBJECT: Eden Shores Senior Campus APPLICANT: Silvercrest Properties, LLC FEE OWNERS: Alice Overbey, John O'Neill, Alan O'Neill, Brian O'Neill, and William O'Neill, Willard and Beverly Anderson, Thomas and Nancy Wohnoutka, Richard Vohnoutka, Trustee, Everett and Leona Nesbitt, Jean Fischer, Trustee,Nelson,Nelson and Follese Development Corporation. LOCATION: East of Hwy. 212 at Fountain Place REQUEST: 1. Guide Plan Change from Low Density Residential and Neighborhood Commercial to Neighborhood Commercial/High Density Residential on 11.5 acres 2. Planned Unit Development Concept Review on 11.5 acres. 3. Planned Unit Development District Review with waivers on 11.5 acres. 4. Zoning District Change from Rural to RM-2.5 on 11.5 acres. 5. Site Plan Review on 11.5 acres. 6. 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Surrounding guide plan uses consist of Regional Commercial to the northeast for the Eden Prairie Medical Clinic, zoned Office, Medium Density Residential to the west for the Eden Lake Townhomes, zoned RM-6.5, and Low Density Residential to the south for the Lake Eden neighborhood, zoned R1-13.5. The site is adjacent to Highway 212, and consists of 10 separate parcels with individual accesses onto the highway. The request is to rezone the property to RM-2.5 for construction of a 325-unit senior campus. Phase one will consist of 142 independent senior units and underground parking, 10 senior townhomes, and a 93 assisted living units to be completed in the Fall of 1999. Phase two will consist of 30 dementia/Alzheimer's units and 50 on-going, long-term care units. The project will offer its senior residents a "continuum of care" approach to residency in conjunction with health care. The continuum of care offers a progressive approach to aging by allowing residents to physically move their residency throughout the structure in combination with specific health needs without leaving their familiar living environment. All units will be rental with various lease options. In 1995, the City Council established the Senior Issues Task Force to identify the impact of changing demographics of the senior population and the resulting needs for housing, transportation, health and social services and related issues. One of the needs identified by the Task Force was for a variety of affordable senior housing opportunities. This project meets this objective in addition to the health care aspects. The Final Report said some flexibility in the zoning codes may be necessary, including the use of higher densities to help maintain affordability. COMPREHENSIVE PLAN AMENDMENT The project will require a guide plan change from Low Density Residential and Neighborhood Commercial to Neighborhood Commercial/High Density Residential. This site is on the south periphery of the Major Center Area where the land use is envisioned for, and capable of, supporting intense land uses. It is adjacent to an existing single-family residential neighborhood to the south. The appropriate land use for this site should transition between these land uses. This proposal could be considered an appropriate transitional land use for the following reasons: • Higher density housing is a transitional land use between single-family and commercial land uses. 2 llo Staff Report—Eden Shores Senior Campus May 21, 1999. • The Senior housing will address an important housing need identified in the report of the Senior Issues Task Force, and provide senior residents with close proximity to all services located in Eden Prairie's"downtown" area. • A neighborhood commercial land use would attract more intense uses to the site such as general retail, restaurants, and gas stations, and require the construction of a public road along the southern property line connecting to Medcom Boulevard to address future traffic increases. This would eliminate any transition, and generate noise and lighting impacts. • The Senior housing will generate less total traffic, and peak hour traffic, than a commercial land use. It eliminates the need for the public road while providing a quiet setting adjacent to the single-family development. SITE PLAN/PRELIMINARY PLAT The site plan shows a three and four-story walkout building with 315 units, and two, five-unit townhomes. The gross density is 28.3 units per acre. Parking meets all setback requirements. The buildings meet all setback requirements, except for a 15-foot side yard setback along the northeast property line. City Code requires 25 feet. A waiver will be necessary and is explained in the next section. The 11.5 acres will be platted into one lot. PLANNED UNIT DEVELOPMENT WAIVERS The project will need the following waivers from the City Code: • Density from 17.4 to 28.3 units per acre. This waiver may be appropriate since the site is located in an area that was planned for higher intensity development and is necessary to maintain affordability for a portion of the project. A suitable transition and buffer from the single-family development is provided. • Site Area per Dwelling Unit from 2,500 sq. ft. to 1,542 sq. ft. The waiver is related to the total number of units proposed. Realife Valley View Cooperative was approved with a similar waiver. 3 � 7 Staff Report—Eden Shores Senior Campus May 21, 1999 • Building height from 45 feet to 57 feet. The building varies in height from 40 feet to 57 feet. The height waiver is necessary to address the varying roofline for architectural interest; The tallest portion of the building is located at one point due to one of the gable roofs located near the center of the structure. • Parking from 2 spaces per dwelling unit with 1 enclosed to .7 spaces per dwelling unit with .3 enclosed. There are 100 underground parking spaces, and 115 on grade parking spaces. Senior facilities of this nature do not need the number of parking stalls required in the RM-2.5 district. At Silvercrest Properties' other independent buildings, only 43% of the residents have cars. Of their other assisted living buildings, only 8% of the residents have cars. The surface parking will sufficiently accommodate visitor and staff parking while the surface and underground parking will accommodate residents. • Side yard setback from 25 feet to 15 feet. To provide a larger setback and buffer between land uses along the southern property line, the building was shifted toward the north leaving a corner of the building 15 feet from the northern lot line. This portion of the building abuts the parking lot of the adjacent office site. GRADING AND TREE LOSS There are a total of 1,022 diameter inches of significant trees on this site including 362 inches of naturally occurring trees (oaks and cottonwoods). The remaining 660 inches of significant trees were planted by the original property owners and are too large to transplant. The majority of the trees are located on the upper portion of the site where development would occur. Tree loss will be 825 diameter inches with tree replacement at 886 caliper inches. The tree replacement is included in the landscaping plan. If the property were developed as a commercial use, tree loss would be similar. TRANSITION The site plan review section of the City Code requires a transition when there are differences in land use, building mass, height, or densities. The City Code side yard setback requires a 25-foot side yard setback in the RM-2.5 district, and a 20-foot side yard setback in the neighborhood commercial district. The project proposes a side yard setback from the existing single-family development ranging between 75 and 130 feet. The building is three-story and four-story along the south property. The setback increases at the four-story portion of the building. There is approximately 140 feet between the single-family houses and the proposed building. 4 Is Staff Report—Eden Shores Senior Campus May 21, 1999 A berm with a natural buffer of trees and underbrush is located in the rear yards of the single- family lots. The plan shows an additional 10-foot high berm along the south side of the building with a triple row of large evergreen plantings ranging between 14 and 20 feet tall. UTILITIES City water is available from the west side of Highway 212. Sanitary sewer is available from an existing line at the southeast corner of the property. The project proposes an on-site NURP pond. LANDSCAPE PLAN The landscaping caliper inch requirement based on building size is 1,260 inches. The required tree replacement is 886 inches for a total of 2,146 caliper inches. The plan provides a total of 2,149 caliper inches meeting City Code requirements. The proposed berm along the southern property line with the evergreen plantings provides the necessary transition and buffer to the single-family lots. ARCHITECTURE The building meets architectural standards for 75% face brick, glass, or natural stone, and incorporates numerous jogs and variations in building height for architectural interest. The building varies from three-stories along the southern lot line, to four-stories along the central portion of the building, and back to three-stories at the northeast property line. Downcast lighting fixtures at a maximum height of 20 feet will are proposed. SIDEWALKS AND TRAILS A public sidewalk will connect the site to Medcom Boulevard along Flying Cloud Drive. A private internal sidewalk will be used throughout the parking lot and connects to the intersection at Fountain Place and Flying Cloud Drive. A 10-foot sidewalk easement will be shown along Highway 212 to the Fountain Place intersection for any future public sidewalk extension. TAX INCREMENT FINANCING (TIF) PLAN The developer is requesting TIF financing to lower rents on 20% of the units, and write-down land acquisition costs. TIF uses future tax revenue generated from a project to help finance the project. Each year the City will collect full taxes from the project and return a portion to the owner to accomplish specific goals. The expected cost to lower rents on 20% of the units over 5 � 9 Staff Report—Eden Shores Senior Campus May 21, 1999 fifteen years will be about $3.1 million. Another $2.3 million is being requested to offset land acquisition costs. Rents on the affordable units compared to the market rate units are as follows: One Bedroom: Reduced Rent $ 546 Market Rent $ 1,050 Maximum Income Limit $22,250 According to State Statutes, before the TIF plan can advance to the City Council for their consideration, the Planning Commission must find it consistent with the goals of City's Comprehensive Plan for housing development. The TIF plan is consistent with the Senior's Issues Task Force Report and the following two goals of the Comprehensive Plan: • Lower development costs of low-income and elderly developments by reducing fees or offering support of development costs with CDBG funds, Tax Increment Financing, and other possible means. • Increase flexibility of the permitted uses of Tax Increment Financing for affordable housing needs. STAFF RECOMMENDATION Staff would recommend approval of the Comprehensive Guide Plan Change from Low Density Residential and Neighborhood Commercial to Neighborhood Commercial/High Density on 11.5 acres, Planned Unit Development Concept Review on 11.5 acres, Planned Unit Development District Review with waivers on 11.5 acres, Rezoning from Rural to RM-2.5 on 11.5 acres, Site Plan Review on 11.5 acres, and Preliminary Plat on 11.5 acres into 1 lot, based on plans dated May 14, 1999,the Staff Report dated May 21, 1999, and the following: 1. 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. B. Provide a 10-foot public trail easement along Flying Cloud Drive up to Fountain Place for future trail or sidewalk purposes. 2. 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. 6 0 Staff Report—Eden Shores Senior Campus May 21, 1999 3. Prior to building permit issuance, the proponent shall: A. Review the building plans with the Fire MarshaL B. Submit a landscaping bond in accordance with City Code. C. Provide building material samples and colors for review by the City Planner. D. Pay the cash park fee. 4. The following waivers to the City Code are granted as part of the PUD: • Density at 28.5 units per acre. Code allows up to 17.4 units per acre. • Site Area per Dwelling Unit of 1,542 sq. ft. Code requires 2,500 sq. ft. • Parking at .7 spaces per dwelling unit and .3 enclosed. Code requires 2 spaces per dwelling unit, of which 1 is enclosed. • Side yard structure setback at 15 feet. Code requires 25 feet. 7 & BENSON y (WED) 99__7 7 1 Q.23,/ST. 10 222 NQ. 862Q58448 p -- . • Mayer&City Council • June 29, 1999 City Cantor .. • SOW Mitt hea Road • Eden Praline.MN 55344 My brothers and I hive signed s purchase agreement with G&P Inc. agreeing to sell it an acre of land to be part of the Eden Shores Senior Campo'. Closing of the sale is to take place after the first presentation of the plaits to the city council, July 20, 1999 and before the second ieadlg to the city council, August 17, 1999. If clueingof the sale does not takebefore the second reading then we would rather place not hive ow land included in the plan. • Regards • • /vf,4,:er) ohn crxl 3501-14th Ave, S. tf. 11,n neapolis,MN 55407 May 28, 1999 City Center Attn: Planning Commission 8080 Mitchell Road Eden Prairie,MN 55344 Re: Eden Shores Senior Campus Dear Chair and Members of the Commission: My name is Darlene Vohnoutka. My current address is 8914 Hilloway Road. Prior to that I lived at 8541 Flying Cloud Drive for approximately 36 years—one of the properties that is to become part of the proposed project. I am writing this letter to convey my disappointment with the outcome of the meeting on May 24, 1999. I realize it was a public hearing but did not feel it necessary to defend the proposed project, so of course I was not prepared to speak out. One of my sons did address your panel on behalf of us,the property owners. When we bought property in Eden Prairie 36 years ago and chose to live here, we did so because of the beauty,the peace and the quiet also. The wide open spaces were wonderful for our boys to explore and grow. All too soon developers infringed on our privacy and built all those houses behind us. We didn't like it either. But we couldn't begrudge the landowner in looking out for his best interests. It was called progress, and we had to accept it. I could not believe only one of the commission members approved of the project as presented. Mr. Gould and his people have worked painstakingly on it—most probably one of the most beautiful and definitely most needed in Eden Prairie—and all because a few property owners protested. It is my understanding he already dropped the building a whole level just to appease them. Most of sellers who own the property on which the proposed project is to be built are getting up in years (80's) and they have a right to expect top dollar for their property. They can only achieve that by the developer getting the right return on his investment. Expecting him to lower another level is unfair and unfeasible. Page -2- I have been driving around and observing other developments of this size and they are not eyesores. This project is designed beautifully and will do Eden Prairie proud. My husband had the foresight to hold out for the right project and the right price for the property he so loved. Unfortunately he was not able to realize his dream—he died 1 1/2 years ago. I, myself, hope to perhaps "come back home" someday if and when I am unable to live where I do now. I would be proud to reside in Eden Shores. I strongly urge you to reconsider. Explain to the homeowners they will have to accept, as we did when their homes were built in our backyard,progress. Thank you for your consideration. Very truly yours. Darlene M. Vohnoutka 077 Minnesota Departm__.c of Transportation D D.) n Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 May 24, 1999 Michael Franzen City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344-2230 Dear Michael Franzen: SUBJECT: Eden Shores Senior Campus Site Plan Review S99-023 E of TH 212 S of TH 494 at Fountain Eden Prairie, Hennepin County C.S. 2744 The Minnesota Department of Transportation(Mn/DOT)has received the revised Eden Shores Senior Campus site plan. The revised plan adequately addresses the driveway widths and removes grading within the Mn/DOT right of way as requested in our May 19, 1999 review letter. It is our understanding that the other comments are being addressed. Please see attached letter. Please con at 651-582-1475 with any questions regarding this review. Sincer: Nan& 9:• ••r- el Transportation P1 er/Local Government Liaison c: Peter Pfister-BKPV and Associates An equal opportunity employer c2 METRO ADE TEL :651-582-1302 Apr 29 99 11 :27 No .001 P .o r _4 Minnesota Dept 'nt of Transportation , a I"yror TNF d Metropolitan Division . Waters Edge 1500 West County Road 62 Roseville, MN 55113 April 29, 1999 Krista Fleming City of Eden Prairie 8080 Mitchell Rd. Eden Prairie, MN 55121 Krista, Tn regards to.the site plan Eden Shores Senior Campus,I have only received comments from a portion of our reviewers. I will pass these along to you now and chase down the others in the next few days. Preliminary comments are as follows: • The site plan does not adequately identify Mn/DOT right of way. Please identify Mn/DOT right of way and any Mn/DOT monuments found. Call Jeff Hoffstrom of our Surveys Section at 612-797-3108. • New entrances are too narrow to accommodate service trucks. Please contact Timothy C. Johnson of our Metro Final Design Section at 612-797-3041 for details. • Traffic signals may be required. If this development proposal necessitates traffic signals, then the signals are the responsibility of the project proposer, the city or both. For more information please contact Lars Tmpola of our Traffic Section at 612-797-3126. • We have received the request to reduce the current ten accesses. The request is currently under consideration. Again these are preliminary comments. More comments may he added. Please call me with any questions at -582-1475 Sine • ---)--..)--z5-1..„_ -114_,:t.x„,_____- 7 Na cy oo er-Mueller. Tramp ri Planner An equal opportunity employer ,oNNES0,. lo Minnesota Departn. it of Transportation ff Metropolitan Division r OF TP►ZQ Waters Edge 1500 West County Road B2 Roseville, MN 55113 May 19, 1999 Michael Franzen City of Eden Prairie 8080 Mitchell Road. Eden Prairie, MN 55344-2230 Dear Michael Franzen: SUBJECT: Eden Shores Senior Campus Site Plan Review S99-023 E of TH212 & S of 494 at Fountain Eden Prairie,Hennepin County C.S. 2744 The Minnesota Department of Transportation(Mn/DOT)has reviewed the Eden Shores Senior Campus site plan. We find the plan acceptable for further development with consideration of the following comments: • The plat does not adequately identify Mn/DOT right of way. Identify Mn/DOT right of way and any Mn/DOT monuments found on final plat. Contact Jeff Hoffstrom of our Surveys Section at 612-797-3108 with any questions. • • The proposed water main crossing will require a long form utility permit(Form 2525). The form can be obtained from Keith Van Wagner of our Permits Section at 651-582-1443. The utility permit will take 6-8 weeks to process. • An access permit will be required. Our Permits Section has indicated that a change in the proposed access widths will be required. Dimensions shown will not adequately allow for the wider turning movements needed for truck traffic. For more information regarding both the changes and the access permit please contact Keith Van Wagner of our Permits Section at 651-582-1443. • Nine of the ten current accesses should be closed and dedicated to Mn/DOT in exchange for a wider main entrance. The fees normally associated with access change will be waived. For more information please contact Steve Bucko of our Right of Way Section at 651-582-1279. • The grading plan shows grading work inside Mn/DOT right of way. Please adjust the proposed grading contours to avoid encroachment within the Mn/DOT right of way. Contact Keith Van Wagner at the above number with any questions An equal opportunity employer a page 2 Michael Franzen • Changes in the traffic signalization will be required at Fountain Place and the proposed access drive. The signal changes are the responsibility of the project proposer, the city or both. For more information please contact Lars Impola of our Traffic Section at 612-797- 3126. Please cont. t me at 651-582-1475 with any questions regarding this review. Sind - Nei Nancy Spoo er-M ller Transportation Planner/Local Government Liaison �/3' MEMORANDUM To: Parks, Recreation and Natural Resources Commission Through: Bob Lambert, Director Parks and Recreation Services From: Stuart A. Fox, Manager Parks and Natural Resources Date: June 16, 1999 Subject: Staff Report to the May 21, 1999 and June 11, 1999 Supplemental Community Development Staff Reports for Eden Shores Senior Campus BACKGROUND: This project is located east of Highway 212 at Fountain Place. The site is 11.5 acres in size and the developer is requesting a Guide Plan change from low density residential and neighborhood commercial to neighborhood commercial/high density residential. The request is to rezone the property for construction of a 325 unit senior campus that will consist of independent senior units, senior townhomes, assisted living units, as a well as a second phase including an Alzheimer unit and long term care units. NATURAL RESOURCE ISSUES: Tree Loss/Landscaping This site has several existing single family residences, as well as a commercial business. Because of the nature of the site, there have been many trees planted over the past 40 plus years. There are a total of 1,022 diameter inches of trees defined as significant by City Code. The tree loss from the proposed development is 825 diameter inches. Mitigation for this tree loss is 886 caliper inches of landscape material. Tree loss on this site would be similar if commercial development were to occur. The landscaping requirement for this project based on the building size is 1,260 caliper inches. When combined with the mitigation for tree loss, the total landscaping requirement is 2,146 inches. The plan provides for a total of 2,149 inches meeting City Code requirements. A combination of deciduous and coniferous material is proposed for this site. Several large conifer trees including Black Hills spruce, Colorado spruce, and Austrian pine will be planted around the perimeter of the proposed site to provide screening from adjacent properties. In addition, a wide variety of deciduous trees will be planted to compliment the coniferous plantings. � 9 Eden Shores Senior Campus June 16, 1999 Page 2 Sidewalks/Trails An internal sidewalk will be used to connect the various buildings with Flying Cloud Drive at the Columbine Road signal. Staff is recommending a ten-foot wide sidewalk easement along Highway 212 to accommodate any future public sidewalk extension along Flying Cloud Drive. RECOMMENDATIONS: This project was reviewed by the Planning Commission at the May 24 and June 14, 1999 Commission meetings. It was approved on 4-0 vote. Staff would recommend approval of this project based on the recommendations contained in the May 21 and June 11, 1999 staff reports and the recommendations contained in this supplemental staff report. S AF:mdd 30 Parks, Recreation and Natural Resources Commission June 21, 1999 Page 3 B. Eden Shores Senior Campus Fox explained that this project is located east of Highway 212 at Fountain Place. The site is 11.5 acres in size, and the developer is requesting a Guide Plan change from low-density residential and neighborhood commercial to neighborhood commercial/high density residential. The request is to rezone the property for construction of a 325-unit senior campus that will consist of senior townhomes, independent senior units and assisted-living units. A second phase will include long- term care and Alzheimer units. Fox asked the applicant to make the presentation. Michael Gould, Silvercrest Properties, said that his firm develops senior housing. They provide assisted-living units as well as long-term care. Peter Pfitzer, architect for the project, explained there will be ten independent-living townhomes and an independent-living wing in the main building.. Next to this there will be an assisted-living wing, and the last wing will house a dementia area as well as long-term care. All wings will be interconnected inside, and also with a sidewalk outside. The intent of the project is that a resident can move in and get health care services when needed. They can move within the site from independent living to assisted living to skilled nursing care, obtaining more services as needed. Jan Anderson, with HTPO, worked on the landscaping plan for the project. She said the location is currently a residential area. There are 1,022 diameter inches of significant trees on the site. Most of the trees that were planted are ash and maple. The native trees are cottonwood, box elder, etc. The tree loss from the development will be 825 diameter inches and this will be replaced with 886 caliper inches of landscape material, including 14-foot to 20-foot spruce and pine trees, as well as maple and hackberry. To block the view of the highway they will plant trees and other landscaping material. There will be a ten-foot easement along the highway for a future trail. Fox said there are several single-family residences on the site and a commercial business. Because of that, many trees were planted in the yards. The tree loss on the site would be similar if commercial development were to occur. Landscaping requirements are 1,260 caliper inches. When combined with the mitigation for tree loss, the total landscaping requirement is 2,146 inches, and the plan provides for a total of 2,149 inches, meeting City Code requirements both for mitigation and landscape screening requirements. A combination of deciduous and coniferous material is proposed. Several large conifer trees, including Black Hills spruce, Colorado spruce and Austrian pine will be planted around the perimeter of the proposed site to provide screening from adjacent properties. Screening from Highway 212 will also be necessary. An internal sidewalk will be used to connect the various buildings with Flying Cloud Drive at the Fountain Place signal. Staff has recommended and received an indication from the developers that they would be willing to provide the City a ten- foot-wide sidewalk easement along Highway 212, so that the City would not have to go back to them in the future for an easement to construct a public sidewalk extension along Flying Cloud Drive. 3/ Parks, Recreation and Natural Resources Commission June 21, 1999 Page 4 Fox said there is nothing in the Staff report for a NURP pond because this project is within the area served by the drainage pond for Eden Prairie Center. The project was reviewed at the May 24 and June 14 Planning Commission meetings and approved on a 4-0 vote. Jacobson asked the architect to show the elevation of the building and berms. The architect showed where a berm is located behind the houses. They propose extending the berm and planting a significant number of trees on top of it. Also, utilities and drainage will be piped down through this area. Brown asked if the ten townhouses are designed for seniors. The architect responded they will be single-level townhomes, designed for seniors. Brown inquired how many units are set aside for non-assisted, now many are for assisted, and how many for total care. The architect responded there are 140 units for independent living in addition to the ten townhouses, 93 units are for assisted living, about 50 units are for on-going care and 30 units are for dementia patients. Brown said senior housing is badly needed in Eden Prairie and expressed appreciation to the developer for this proposal. MOTION: Corneille moved, seconded by Jacobson, to approve Eden Shores Senior Campus as reviewed by the Planning Commission on May 24 and June 14, 1999, and according to the Staff recommendations contained in the May 21 and June 11, 1999 reports, and the June 16 supplemental Staff report. Motion was approved 4-0. C. Dell Road and Highway 5 Office Building Fox explained that the proposed project is located on the corner of Dell Road and Cascade Drive. This site is part of a 1990 Planned Unit Development that included general retail, restaurant, convenience gas, office and day care as part of the Jamestown PUD. In 1995, the PUD was amended to allow construction of the KinderCare facility. The site is 2.72 acres in size, and the proposed development is for a single-story office building of approximately 27,000 square feet. Fox asked the applicant to make the presentation. Dick Putnam, one of the owners of Tandem Properties, said in 1995 they submitted a plan to construct a neighborhood retail center, convenience store and commercial complex, but the City did not approve the plan, saying they would rather see an office complex at this location. The City did approve the building of the KinderCare facility. Mr. Putnam said they are committed to saving as many trees as possible. The overall tree loss is 22 trees, or a total of 619 inches. The equivalent of 71 3-inch trees would be replacing those lost. There is an area of about 500 feet in which to plant the trees. They are hoping to plant shrubbery to screen automobiles. Fox said because this site is part of the original PUD, the tree loss has been averaged with the adjacent KinderCare site. On the entire site there is a total of 49 significant 3ca. CITY COUNCIL/HOUSING AND REDEVELEPMENT AUTHORITY DATE: July 20, 1999 AGENDA SECTION: Public Hearing SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development Public Hearing to consider establishing a Tax &Financial Services: Increment Financing(TIF)District#15 for the Don Uram Eden Shores senior housing project David Lindahl Requested Council Action: Move to: Approve a Resolution relating to Redevelopment Project Area No. 5 and Tax Increment Financing(qualified Housing)District No. 15; approving the Project Plan and a Tax Increment Financing Plan for the Eden Shores senior project. Requested HRA Action: Move to: Approve a Resolution adopting the Project Plan for Redevelopment Project Area No. 5 in the City of Eden Prairie and the Tax Increment Financing Plan for Tax Increment Financing(Qualified Housing)District No.15 Synopsis: The Eden Shores proposal consists of 320 senior rental units located at Flying Cloud Drive and Fountain Place Road just south of the Eden Prairie Center. This proposal would include a variety of housing choices for seniors, including: townhomes, independent living units, assisted living units, dementia units, and special care units. The developer is requesting Tax Increment Financing(TIF) from the City to reduce rents on 39 independent living units and to help offset high land acquisition costs. These units will be affordable to seniors with incomes below 50%of the median income for the metro area. Springsted Incorporated,the City's financial advisor,has evaluated the proposal and determined that without public assistance the project would not be financially feasible. The Planning Commission found the use of TIF for this project to be consistent with the goals of City's Comprehensive Plan and with the recommendations of the Senior Issues Task Force report. Attachments: TIF Memo to Council Resolutions TIF Plan MEMORANDUM TO: Mayor and City Council Housing and Redevelopment Authority THROUGH: Don Uram, Community and Economic Development Director FROM: David Lindahl, HRA Manager DATE: July 12, 1999 SUBJECT: Tax Increment Financing(TIF)Plan for the Eden Shores Senior Project The Eden Shores proposal consists of 320 senior rental units located at Flying Cloud Drive and Fountain Place Road just south of the Eden Prairie Center. The developer is requesting Tax Increment Financing (TIF) from the City to reduce rents on 39 units and to help offset high land acquisition costs. Rents on these units will be affordable to seniors with incomes below 50%of the median income for the metro area. Springsted Incorporated, the City's financial advisor, has evaluated the proposal and determined that without public assistance the project would not be financially feasible. The Planning Commission found the use of TIF for this project to be consistent with the goals of City's Comprehensive Plan and with the recommendations of the Senior Issues Task Force report. State Statute requires the City Council and HRA to review and approve the enclosed TIF Plan. Tax Increment Financing Plan The amount of TIF needed to fund the rent reductions and land write down over fifteen years is $4,625,000. Adding the 10% fee retained by the City for administration brings the total TIF to be collected to $5,087,500. If the Plan is approved by the Council and the HRA the City will provide TIF benefits annually on a"pay as you go"basis,provided the project generates enough taxes. Each year for fifteen years the City will collect full taxes from the project's owners and return a portion back to them. The proposed rents on the affordable units will be as follows: Income Proposed Market Family Size Limit(50%) Bedrooms Rents Rent One $22,250 1 $596 $860 TIF Repayment: The developer has agreed to repay the City for the TIF they receive over the term of the district for the land write down(about$2,425,000)in the year 2015. At that point,the City could choose to roll the repaid funds back into the project to continue subsidizing rents on the 39 units for as long as possible. Otherwise,the rents for these units will convert to market after year 15,which is when the 1 district is scheduled to expire. Consistency with Comprehensive Plan: The City's Comprehensive Plan includes a variety of goals related to affordable housing and the use of City financing tools to accomplish these goals. Specific goals from the Comprehensive Plan that relate to the Eden Shores proposal, goals reaffirmed by the Planning Commission and City Council in 1994, are as follows: • Lower Development Costs of Low Income and Elderly Development by Reducing Fees and Offer Support of Development Costs with CDBG Funds, Tax Increment Financing, and Other Possible Means. • Use Full Authority of the City's Housing and Redevelopment Authority to Support Development of Low Income and Elderly Housing Projects. • Encourage Low Income and Elderly Housing Developments Throughout Eden Prairie and Provide Quality Services Required by Residents. e) Consider writing down land costs where appropriate on expensive sites in order to assist in making these sites more feasible for developing affordable housing. In addition, the Senior Issues Task Force report lists nine specific recommendations that support the provision of more senior housing in Eden Prairie, including affordable senior housing. • 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION RELATING TO REDEVELOPMENT PROJECT NO. 5 AND CREATING TAX INCREMENT FINANCING DISTRICT NO. 15 AND APPROVING THE TAX INCREMENT FINANCING PLAN RELATED THERETO. BE IT RESOLVED by the City Council of the City of Eden Prairie,Minnesota(the"City"), as follows: Section 1. Recitals. 1.01 On December 17, 1996,the City,pursuant to Minnesota Statutes Section 469.001 to 469.047, as amended, approved a redevelopment plan, as defined in Minnesota Statutes Section 469.002, subdivision 16, designated as the Project Plan (the "Project Plan") for redevelopment Project No. 5 (the "Project Area") and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes Section 469.002, Subdivision 14(the "Redevelopment Project"). 1.02. Pursuant to the Minnesota Tax Increment Financing Act,Minnesota Statutes Sections 469.174 to 469.179, as amended (the "Act"), this Council established Tax Increment Financing District No. 13 and adopted a Tax Increment Financing Plan therefor (the "Original Plan") on December 17, 1996. Pursuant to the Minnesota Tax Increment Financing Act,Minnesota Statutes Sections 469.174 to 469.179, as amended (the "Act"), this Council established Tax Increment Financing District No. 14 and adopted a Tax Increment Financing Plan therefor on August 5, 1997. Pursuant to the Act,the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") has adopted a tax increment financing plan to the proposed Tax Increment Financing ("Qualified Housing"), District No. 15 (the "Financing Plan"), which is now before this Council for approval. The Financing Plan has been prepared in accordance with the Project Plan and is the proposed method for financing certain public redevelopment costs of certain of the redevelopment activities to be undertaken pursuant to the Project Plan. The proposed tax increment financing("Qualified Housing"),District No. 15 (the"District"),comprises one tax parcel within the redevelopment project as described in the financing plan. 1.03 Members of the Board of County Commissioners of Hennepin County and of the Board of Education of Independent School District No. 272 have been given an opportunity to meet with the City and comment on the Financing Plan.Pursuant to Minnesota Statutes Section 469.175, Subdivision 3, this Council on July 6, 1999, and was continued on July 20th, 1999, conducted a public hearing on the desirability of approving the Financing Plan.Notice of the public hearing was duly published as required by law in the Eden Prairie News,the official newspaper of the City,on June 17, 1999. 1 The City has not received written comments on the Financing Plan from the county and the school district after providing the county and the school district boards with information on the fiscal and economic implications of the Financing Plan not less than 30 days before the date of the public hearing. 1.04 In addition to the notice and opportunity described in Section 1.03, as required by Minnesota Statutes Section 469.175, Subdivision 2a, the City, not less than 30 days before the publication of the notice of public hearing referred to in section 1.03 delivered written notice to the members of the Board of County Commissioners of Hennepin County who represent the District. The notice contained a general description of the boundaries of the District, the proposed development activities to be undertaken therein, an offer by representatives of the City to meet and discuss the proposed District with county commissioner and solicitation of the commissioner's comments with respect to the District. Section 2. Approval of Financing Plan. On the basis of the Financing Plan and the information elicited at the public hearing referred to in Section 1.03, it is hereby found, determined and declared: 2.01 The Financing Plan provides the means to finance certain public redevelopment costs of the Redevelopment Project, including the redevelopment activities described in the Project Plan which benefit the District. The Financing Plan contains a statement of objectives for the improvement of the Redevelopment Project, a statement as to the development program for the District and a statement of the property included within the TIF District. The Financing Plan also estimates the public redevelopment costs of the Redevelopment Project($5,087,500.00),the sources of revenues to finance or otherwise pay public costs of the District, the most recent net tax capacity of taxable real property within the District,the captured net tax capacity of the District at completion and the duration of the District. The Financing Plan also describes and identifies the development activities to be undertaken or expected to be undertaken in the District. The Financing Plan further contains alternative estimates of the impact of the proposed tax increment financing on the net tax capacities of all taxing jurisdictions in which the District is located.All the captured tax capacity is necessary for the objectives of the District. 2.02 This Council hereby finds that the District is a geographic area within a"project" as defined in Minnesota Statutes Section 469.174, Subdivision 8, and is a proper tax increment financing district within the meaning of Section 469.174, Subdivision 9. This Council further fmds, based on the information in the Financing Plan and representations of the developer,that the District consists of a project intended for occupancy, in part,by persons or families of low and moderate income, as defined in Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1937, as amended, or similar federal legislation and the regulations promulgated thereunder. As evidence thereof,the developer represents that the project qualifies for the low-income housing tax credit under Section 42 of the Internal Review Code of 1986, as amended. The project to be 2 constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein.Therefore,the District qualifies as a "housing district"within the meaning of Minnesota Statutes Section 469.174, Subdivision 11. The income limitations of Section 469.1761 of the Act are applicable to tenants in the project, because the District is not located in a targeted area as defined in Minnesota Statutes Section 462C.02, Subdivision 9, Clause(e). 2.03 This Council hereby finds that the private redevelopment proposed to be encouraged in the Redevelopment Project pursuant to the Project Plan would not,in the opinion of this Council, occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is deemed necessary. Without tax increment financing of the costs of redevelopment activities generally described by the Project Plan which increases the financial feasibility of the proposed redevelopment,private investment would not develop the District within the reasonably foreseeable future. The studies and analyses supporting this finding are identified in the Financing Plan. 2.04. This Council hereby finds that the Financing Plan conforms to the general plan for the development of the City as a whole. The development is compatible with the City's zoning ordinances and other related regulations and encourages efficient use of existing infrastructure as set forth in the City's Land Use Plan. 2.05 This Council hereby finds that the Financing Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole,for the development of the District by private enterprise. The redevelopment activities contemplated in the Project Plan would help to retard blight in the Redevelopment Project and provide an increase in low and moderate income housing opportunities in the City and enhance the tax base of the City. 2.06 As required by Section 49.176, Subdivision 4d, it is expected that all of the tax increment to be derived from the District will be used to finance costs of the low and moderate income housing project, including the costs of public improvements directly related thereto and allocable administration expenses of the Redevelopment Project. 2.07 Upon review of the Financing Plan,the information elicited at the public hearing and on the basis of the findings in Sections 2.01 to 2.06,this Council hereby approves the Financing Plan and the establishment of the District as a tax increment financing district in the City, to be denominated "Tax Increment Financing (Qualified Housing)District No. 15. Section 3. Additional Approvals. It is contemplated the public financial contribution contemplated in the Tax Increment Financing Plan, including but not limited to tax increment financing may be secured by way of a mortgage on the property in the District. It is further contemplated that the developer will obtain construction and/or permanent financing and that it will be necessary for any security granted to the 3 City and/or Authority to be subordinated to that of the developer's lender. The Approval hereby given to the Tax Increment Financing Plan includes approval and the execution by the appropriate officers of the City of such additional documents necessary to acquire a secured interest in the property and to subordinate such interest, including a contingent assignment of any agreements regarding tax increment financing between the developer and the City and/or Authority,to the lien of the developer's construction and/or permanent financing. The Mayor and City Manager are authorized and directed to prepare and furnish certified copies of all proceedings and records of the City relating to this transaction and such other affidavits and certificates as may be required to show the facts relating thereto as such facts appear on the books and records in the officers' custody and control or as otherwise known to them; all such certified copies,certificates and affidavits,including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. The approval hereby given to the various documents referred to above includes the approval of such additional details therein as may be necessary and appropriate and such modifications thereof,deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City's counsel and the officials authorized herein to execute said documents prior to their execution; and said officials are hereby authorized to approve said changes on behalf of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. Passed by the City Council this 20th day of July, 1999. Dr. Jean Harris,Mayor Attest Kathleen Porta, City Clerk 4 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION RELATING TO THE PROJECT PLAN FOR REDEVELOPMENT PROJECT NO. 5 IN THE CITY OF EDEN PRAIRIE AND THE TAX INCREMENT FINANCING PLAN OR TAX INCREMENT FINANCING (QUALIFIED HOUSING)DISTRICT NO. 15 BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota, as follows: 1. On December 17, 1996, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") pursuant to Minnesota Statutes Section 469.001 to 469.047, as amended,approved Redevelopment Project No. 5 and a Redevelopment Plan relating thereto, and a Tax Increment Financing Plan for Tax Increment Financing("Redevelopment District"),District No. 13 (the"Tax Increment Plan"). On August 5, 1997, the Authority approved a Tax Increment Financing Plan for Tax Increment Financing District No. 14. 2. It has been further proposed that the Authority approve the creation of proposed Tax Increment Financing District No. 15 and approve and adopt the proposed Tax Increment Financing Plan relating thereto pursuant to and in accordance with Minnesota Statutes Section 469.174 to 469.179, inclusive, as amended and supplemented from time to time. 3. The Authority has investigated the facts and has caused to be prepared with respect thereto the proposed Tax Increment Financing Plan for Tax Increment Financing District No. 15, defusing more precisely the property to be included,the public cost to be incurred and other matters relating thereto. 4. The Authority has performed all actions required by law to be performed prior to the approval and adoption of the proposed Tax Increment Financing Plan. 5. The Authority hereby determines that it is necessary and in the best interest of the City and the Authority at this time to create proposed Tax Increment Financing District No. 15 and to approve and adopt the proposed Tax Increment Financing Plan relating thereto. 1 SI 6. Adoption. The Tax Increment Financing Plan is hereby adopted subject to approval by the City Council as provided in Section 8 based on the findings in Section 7. 7. Findings. The Authority hereby makes the following findings: 1. The tax increment financing district to be established pursuant to the Tax Increment Plan (the "District"), based on the information in the Tax Increment Plan and representations of the developer, consists of a project intended for occupancy, in part,by persons of families of low and moderate income, as defined in Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1937, as amended, or similar federal legislation and the regulations promulgated thereunder. As evidence thereof, the developer represents that the project qualifies for the low-income housing tax credit under Section 42 of the Internal Revenue Code of 1986, as amended. The project to be constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein. Therefore,the District qualifies as a"housing district"within the meaning of Minnesota Statutes Section 469.174, Subdivision 11. The income limitations of Section 469.1761 of the Act are applicable to tenants in the project, because the District is not located in a targeted area as defined in Minnesota Statutes Section 462C.02, Subdivision 9, Clause(e). 2. The proposed development, in the opinion of the Authority, would not reasonably be expected to occur solely through private investment within the reasonable foreseeable future and, therefore, the use of tax increment financing is deemed necessary since private developers could not economically develop the project without the proposed subsidy. 8. Transmittal. The Authority does hereby transmit the Project Plan and the Tax Increment Plan to the Eden Prairie City Council for approval after the same has been considered by the Council subsequent to a public hearing to the held in accordance with Minnesota Statutes Chapter 469. 9. Additional Approvals. It is contemplated the public financial contribution contemplated in the Tax Increment Financing Plan, including but not limited to,tax increment financing, may be secured by way of a mortgage on the property in the District. It is further contemplated that the developer will obtain construction and/or permanent financing and that it will be necessary for any security granted to the City and/or Authority to be subordinated to that of the developer's lender. The approval hereby given to the Tax Increment Financing Plan includes approval and the execution by the appropriate officers of the Authority of such additional documents 2 • 9 necessary to acquire a secured interest in the property and to subordinate such interest, including a contingent assignment of any agreements regarding tax increment financing between the developer and the City and/or Authority,to the lien of the developer's construction and/or permanent financing. The Chair and Executive Director are authorized and directed to prepare and furnish certified copies of all proceedings and records of the Authority relating to this transaction and such other affidavits and certificates as may be required to show the facts relating thereto as such facts appear on the books and records in the officers' custody and control or as otherwise known to them; all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Authority as to the truth of all statements contained therein. The approval hereby given to the various documents referred to above includes the approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the Authority's counsel and the officials authorized herein to execute said documents prior to their execution; and said officials are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officer or officers of the Authority herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 10. Filing. Following approval by the City Council, the Secretary is hereby authorized and directed to file the Project Plan and the Tax Increment Plan with the Commissioner of Revenue as required by Minnesota Statutes Section 469.175, Subdivision 2. Passed by the Housing and Redevelopment Authority of the City of Eden Prairie,Minnesota, this 20th day of July, 1999. Chair Attest: Secretary 3 /'9 EDEN SHORES SENIOR CAMPUS CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 99- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN SHORES SENIOR CAMPUS FOR SILVERCREST PROPERTIES, LLC. 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 City Planning Commission did conduct a public hearing on the Eden Shores Senior Campus PUD Concept by Silvercrest Properties, LLC. and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS,the City Council did consider the request on July 20, 1999; NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota, as follows: 1 Eden Shores Senior Campus, being in Hennepin County,Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated June 25, 1999. 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 14, 1999. ADOPTED by the City Council of the City of Eden Prairie this 20th day of July, 1999. Jean Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk Exhibit A Eden Shores Senior Campus Legal Description: Porter 1: That part of the Southwest Quarter of the Southwest Quarto of Section 14, Township 115, Range 22 described as fadows: CornmencIng 210.5 feet North fror n the Southeast corner of the Southwest Oucrter of the Southwest Quarter of Section 14 Township 11e. Range 2x thence North 174.5 feet thence ?iorthwesteriy maidng an angle to the left of 39 degrees 10 minutes a distance of 327 test to a point in the Southeasterly line of State Highway 169-212 a distance of 286.4 feet Southwesterly clang said Highway trent the East line of the Southwest 1/4 of the Southwest 1/4: thence Southwesterly along said Highway 110.2 feet; thence of right angles Southeasterly 462.3 feet to the point of beginning. Parcel 2: Parcel k That pat of the Southwest 1/4 of the Southwest 1/4 of Section 14, Township 116, Range 22. described as follows: Carrw nencinq at a point on the East Ikne of said Southwest 1/4 of Southwest 1/4 distance 385 feet North to the Southeast corner of said Southwest 1/4 of Southwest 1/4: thence Northweeterty to a point on the Southwesterly line of State Highway 189. which point Is distant 254.4 feet Southwesterly from the intersection of said Southeasterly highway line with the East the of scut Southwest 1/4 of Southwest 1/4; thence Northeasterly Bang the Southeasterly the of said highway a dietches of 81 fest; thence at right angles Southeasterly to East boundary line of said Southwest 1/4 of Southwest 1/4; thence South clang East line of sold Southwest 1/4 of Southwest 1/4 to the point of beginning. Parcel 5: That part of the Southwest 1/4 of Southwest 1/4 of Section 14, Township 118, Range 22 described as follows: Ccrrtmencing at a point on the Southeasterly the of State Highway Number 189. which point Is distant 185.4 feet Southwesterly from the intersection of said Southeasterly highway line with the East line of said Southwest 1/4 of Southwest 1/4; thence Sostheasterny at right angles to sold Southeasterly line of sod State Highway 169 to East boundary line of said Southwest 1/4 of Southwest 1/4; thence North Bang the East line of sold Southwest 1/4 of Southwest 1/4 to the Southeasterly line of said State Highway Number 189: thence Scuthvesteny along the said Southeasterly line of said State Highway Number 189 to the point of beginning. Parcel 3: That pout of the Southeast Warts' of the aauthwest C uerter of Section 14, Torrnahlp 118, Range 22. described as faeces: Corrxnencnq at the intersection of the Wniet tins of seed tract and the Southeasterly Ik'1e of said Highway 189 end 212: thence South cram; said West line 488.56 feet: thence Northeasterly Pereslei with the Southeasterly ling of sold highway 115 feet: thence North pertelei with the West line of said Southeast Quarter of the Southwest Quarter 488.58 feet to the Southeasterly line of said highway: thence Southwesterly long the Southeasterly line of said highway a distance of 115 feet to the point of beginning. /0Z Eden Shores Senior Campus Legal Description, continued: Parcel 4: Tract C. Registered Lard Survey No. 210. Parcel 5: Portal A: That port of Seeticsn 14, Township 116, Rortge 22 described es fdlows: Ccvrwnencieg at the Southeast corner of the Southwest Quarter of the Southwest Quarter of saw section: thence North along the Earst fine thereof, 17.4 feet thence Northwesterly 610.5 feet more cr less to a point in the Southeasterly line of State Highway No. 5 which point fir distant 498.5 feet Southwesterly along said Southeasterly rood line from Its intersection with the East in. of acid Southwest Quarter of the Southwest Quarter: thence Southwesterly along sold Southeeateriy rood line to its intersection with the South line of said Section 14; thence East along said South line of said Section to the point of beginning. DrEFT That port thereof embraced in Registered Land Survey No. 210. Flee of Registrar of Title. County of Henneoin. Pupal 8: Tract A, Registered Land Survey No. 210. Flee of Reghtrar of Titles, Ccunty of Henneoin. Parcel 6: Tract A. Registered Land Survey No. 275. Pere 7: Tract 8, Registered Land Survey No. 273. Petal S: Twat C, Registered Lard Survey No. 275. P weal 9: The North 182.9 feet of the Northwest Quarter of the Northwest Quarter of Section 23. Tarr+ io 116 North, Range 22 West. lying Easterly of U.S. Highway Nos. 189 and 212 and West of a line drown at right crepes to the North One of said Northwest Quarter of Northwest Quarter. and distant 574.42 feet East of the Northwest corner of sold Section 23. Pose IQ; Pict port of Southwest Quarter of Southwest Quarter of Section 14, Township 118, Range 22 deserted as folio-arc Commencing at point on the East 1Veie of sold Southwest Cuarter of Southwest tarter. 17.4 feat North of the Southeast corner thereof: thence North dcnq acid East line 193.1 Fast thanes Northwesterly a5Z3 feet to point in the Southeasterly line of State i4yhway which is 376.5 feet Southwesterly airing said highway line from the East line of said Southwest Quarter of Southwest Q ucrter: thence Southwesterly along said highway lin" 122 feet: thence Sotheasterty 810.5 feat to point of beginning. / 3 CITY COUNCIL/HOUSING AND REDEVELEPMENT AUTHORITY DATE: July 20, 1999 AGENDA SECTION: Public Hearing SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development Public Hearing to consider establishing a Tax &Financial Services: Increment Financing(T1F)District#16 for the Don Uram Lincoln Parc apartment project David Lindahl Requested Council Action: Move to: Approve a Resolution relating to Redevelopment Project Area No. 5 and Tax Increment Financing(qualified Housing)District No. 16; approving the Project Plan and a Tax Increment Financing Plan for the Lincoln Parc apartment project. Requested HRA Action: Move to: Approve a Resolution adopting the Project Plan for Redevelopment Project Area No. 5 in the City of Eden Prairie and the Tax Increment Financing Plan for Tax Increment Financing(Qualified Housing)District No.16 Synopsis: The purpose for establishing the proposed TIF District is to help finance the construction of about 104 (55%) moderate-cost rental units, and 38 (20%) lower-cost units within the 186 unit Lincoln Parc apartment proposal on the City's site near the water tower on Eden Road. The 38 lower-cost units will be affordable to persons with incomes below 50%of the area median; the 104 moderate-cost will be affordable at 80%of the area median.All the affordable units will be integrated throughout the development. The Planning Commission found the use of TIF for this project to be consistent with the goals of City's Comprehensive Plan at the June 28, 1999 meeting. Attachments: TIF Memo to Council Resolutions TIF Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION RELATING TO REDEVELOPMENT PROJECT NO. 5 AND CREATING TAX INCREMENT FINANCING DISTRICT NO. 16 AND APPROVING THE TAX INCREMENT FINANCING PLAN RELATED THERETO. BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01 On December 17, 1996, the City, pursuant to Minnesota Statutes Section 469.001 to 469.047, as amended, approved a redevelopment plan, as defined in Minnesota Statutes Section 469.002, subdivision 16, designated as the Project Plan (the "Project Plan") for redevelopment Project No. 5 (the "Project Area") and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes Section 469.002, Subdivision 14 (the "Redevelopment Project"). 1.02. Pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes Sections 469.174 to 469.179, as amended (the "Act"), this Council established Tax Increment Financing District No. 13 and adopted a Tax Increment Financing Plan therefor (the "Original Plan") on December 17, 1996. Pursuant to the Act, as amended (the "Act"), this Council established Tax Increment Financing District No. 14 and adopted a Tax Increment Financing Plan therefor on August 5, 1997. Also pursuant to the Act, this Council opened a hearing on Tax Increment Financing District No. 15 on July 6, 1999, which hearing was continued to July 20, 1999. Pursuant to the Act, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") has adopted a tax increment financing plan to the proposed Tax Increment Financing("Qualified Housing"),District No. 16 (the"Financing Plan"), which is now before this Council for approval. The Financing Plan has been prepared in accordance with the Project Plan and is the proposed method for financing certain public redevelopment costs of certain of the redevelopment activities to be undertaken pursuant to the Project Plan. The proposed tax increment financing ("Qualified Housing"), District No. 16 (the "District"), comprises one tax parcel within the redevelopment project as described in the financing plan. 1.03 Members of the Board of County Commissioners of Hennepin County and of the Board of Education of Independent School District No. 272 have been given an opportunity to meet with the City and comment on the Financing Plan. Pursuant to Minnesota Statutes Section 469.175, Subdivision 3, this Council on July 20th, 1999, conducted a public hearing on the desirability of approving the Financing Plan. Notice of the public hearing was duly published as required by law in the Eden Prairie News, the official newspaper of the City, on July 8, 1999. The City has not received written comments on the Financing Plan from the county and the school district after providing the county and the school district boards with information on the fiscal and economic implications of the Financing Plan not less than 30 days before the date of the public hearing. 1.04 In addition to the notice and opportunity described in Section 1.03, as required by Minnesota Statutes Section 469.175, Subdivision 2a, the City, not less than 30 days before the publication of the notice of public hearing referred to in section 1.03 delivered written notice to the members of the Board of County Commissioners of Hennepin County who represent the District. The notice contained a general description of the boundaries of the District, the proposed development activities to be undertaken therein, an offer by representatives of the City to meet and discuss the proposed District with county commissioner and solicitation of the commissioner's comments with respect to the District. Section 2. Approval of Financing Plan. On the basis of the Financing Plan and the information elicited at the public hearing referred to in Section 1.03, it is hereby found, determined and declared: 2.01 The Financing Plan provides the means to finance certain public redevelopment costs of the Redevelopment Project, including the redevelopment activities described in the Project Plan which benefit the District. The Financing Plan contains a statement of objectives for the improvement of the Redevelopment Project, a statement as to the development program for the District and a statement of the property included within the TIF District. The Financing Plan also estimates the public redevelopment costs of the Project Plan ($5,766,750.00), the sources of revenues to finance or otherwise pay public costs of the District, the most recent net tax capacity of taxable real property within the District, the captured net tax capacity of the District at completion and the duration of the District. The Financing Plan also describes and identifies the development activities to be undertaken or expected to be undertaken in the District. The Financing Plan further contains alternative estimates of the impact of the proposed tax increment financing on the net tax capacities of all taxing jurisdictions in which the District is located. All the captured tax capacity is necessary for the objectives of the District. 2.02 This Council hereby finds that the District is a geographic area within a "project" as defined in Minnesota Statutes Section 469.174, Subdivision 8, and is a proper tax increment financing district within the meaning of Section 469.174, Subdivision 9. This Council further finds, based on the information in the Financing Plan and representations of the developer, that the District consists of a project intended for occupancy, in part, by persons or families of low and moderate income, as defined in Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1937, as amended, or similar federal legislation and the regulations promulgated thereunder. As evidence thereof, the developer represents that the project qualifies for the low-income housing tax credit under Section 42 of the Internal Review Code of 1986, as amended. The project to be constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein. Therefore, the District qualifies as a "housing district"within the meaning of Minnesota Statutes Section 469.174, Subdivision 11. The income limitations of Section 469.1761 of the Act are 3 applicable to tenants in the project, because the District is not located in a targeted area as defined in Minnesota Statutes Section 462C.02, Subdivision 9, Clause(e). 2.03 This Council hereby finds that the private redevelopment proposed to be encouraged in the Redevelopment Project pursuant to the Project Plan would not, in the opinion of this Council, occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is deemed necessary. Without tax increment financing of the costs of redevelopment activities generally described by the Project Plan which increases the financial feasibility of the proposed redevelopment, private investment would not develop the District within the reasonably foreseeable future. The studies and analyses supporting this finding are identified in the Financing Plan. 2.04. This Council hereby finds that the Financing Plan conforms to the general plan for the development of the City as a whole. The development is compatible with the City's zoning ordinances and other related regulations and encourages efficient use of existing infrastructure as set forth in the City's Land Use Plan. 2.05 This Council hereby finds that the Financing Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the District by private enterprise. The redevelopment activities contemplated in the Project Plan would help to retard blight in the Redevelopment Project and provide an increase in low and moderate income housing opportunities in the City and enhance the tax base of the City. 2.06 As required by Section 49.176, Subdivision 4d, itis expected that all of the tax increment to be derived from the District will be used to finance costs of the low and moderate income housing project, including the costs of public improvements directly related thereto and allocable administration expenses of the Redevelopment Project. 2.07 Upon review of the Financing Plan, the information elicited at the public hearing and on the basis of the findings in Sections 2.01 to 2.06, this Council hereby approves the Financing Plan and the establishment of the District as a tax increment financing district in the City, to be denominated"Tax Increment Financing (Qualified Housing)District No. 16. Section 3. Additional Approvals. It is contemplated the public financial contribution contemplated in the Tax Increment Financing Plan, including but not limited to tax increment financing may be secured by way of a mortgage on the property in the District. It is further contemplated that the developer will obtain construction and/or permanent financing and that it will be necessary for any security granted to the City and/or Authority to be subordinated to that of the developer's lender. The Approval hereby given to the Tax Increment Financing Plan includes approval and the execution by the appropriate officers of the City of such additional documents necessary to acquire a secured interest in the property and to subordinate such interest, including a contingent assignment of any agreements regarding tax increment financing between the developer and the City and/or Authority, to the lien of the developer's construction and/or permanent financing. The Mayor and City Manager are authorized and directed to prepare and furnish certified copies of all proceedings and records of the City relating to this transaction and such other affidavits and certificates as may be required to show the facts relating thereto as such facts appear on the books and records in the officers' custody and control or as otherwise known to them; all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. The approval hereby given to the various documents referred to above includes the approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City's counsel and the officials authorized herein to execute said documents prior to their execution; and said officials are hereby authorized to approve said changes on behalf of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. Passed by the City Council this 20th day of July, 1999. Dr. Jean Harris,Mayor Attest Kathleen Porta, City Clerk 5 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION RELATING TO THE PROJECT PLAN FOR REDEVELOPMENT PROJECT NO. 5 IN THE CITY OF EDEN PRAIRIE AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (QUALIFIED HOUSING) DISTRICT NO. 16 BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, as follows: 1. On December 17, 1996, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") pursuant to Minnesota Statutes Section 469.001 to 469.047, as amended, approved Redevelopment Project No. 5 and a Redevelopment Plan relating thereto, and a Tax Increment Financing Plan for Tax Increment Financing ("Redevelopment District"), District No. 13. On August 5, 1997, the Authority approved a Tax Increment Financing Plan for Tax Increment Financing District No. 14. On July 6, 1999, the Authority opened a hearing on the Tax Increment Financing Plan for Tax Increment Financing District No. 15,which hearing was continued to July 20, 1999. 2. It has been further proposed that the Authority approve the creation of proposed Tax Increment Financing District No. 16 and approve and adopt the proposed Tax Increment Financing Plan (the "Tax Increment Plan") relating thereto, pursuant to and in accordance with Minnesota Statutes Section 469.174 to 469.179, inclusive, as amended and supplemented from time to time. 3. The Authority has investigated the facts and has caused to be prepared with respect thereto the proposed Tax Increment Financing Plan for Tax Increment Financing District No. 16, defining more precisely the property to be included, the public cost to be incurred and other matters relating thereto. 4. The Authority has performed all actions required by law to be performed prior to the approval and adoption of the proposed Tax Increment Financing Plan. 5. The Authority hereby determines that it is necessary and in the best interest of the City and the Authority at this time to create proposed Tax Increment Financing District No. 16 and to approve and adopt the proposed Tax Increment Financing Plan relating thereto. 6. Adoption. The Tax Increment Financing Plan is hereby adopted subject to approval by the City Council as provided in Section 8 based on the findings in Section 7. 7. Findings. The Authority hereby makes the following findings: a. The tax increment financing district to be established pursuant to the Tax Increment Plan (the "District"), based on the information in the Tax Increment Plan and representations of the developer, consists of a project intended for occupancy, in part, by persons of families of low and moderate income, as defined in Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1937, as amended, or similar federal legislation and the regulations promulgated thereunder. As evidence thereof, the developer represents that the project qualifies for the low-income housing tax credit under Section 42 of the Internal Revenue Code of 1986, as amended. The project to be constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein. Therefore, the District qualifies as a "housing district" within the meaning of Minnesota Statutes Section 469.174, Subdivision 11. The income limitations of Section 469.1761 of the Act are applicable to tenants in the project, because the District is not located in a targeted area as defined in Minnesota Statutes Section 462C.02, Subdivision 9, Clause(e). b. The proposed development, in the opinion of the Authority, would not reasonably be expected to occur solely through private investment within the reasonable foreseeable future and, therefore, the use of tax increment financing is deemed necessary since private developers could not economically develop the project without the proposed subsidy. 8. Transmittal. The Authority does hereby transmit the Project Plan and the Tax Increment Plan to the Eden Prairie City Council for approval after the same has been considered by the Council subsequent to a public hearing to the held in accordance with Minnesota Statutes Chapter 469. 9. Additional Approvals. It is contemplated the public financial contribution contemplated in the Tax Increment Financing Plan, including but not limited to, tax increment financing, may be secured by way of a mortgage on the property in the District. It is further contemplated that the developer will obtain construction and/or permanent financing and that it will be necessary for any security granted to the City and/or Authority to be subordinated to that of the developer's lender. The approval hereby given to the Tax Increment Financing Plan includes approval for the execution by the appropriate officers of the Authority of such additional documents necessary to acquire a secured interest in the property and to subordinate such interest, including a contingent assignment of any agreements regarding tax increment financing between the developer and the City and/or Authority, to the lien of the developer's construction and/or permanent financing. The Chair and Executive Director are authorized and directed to prepare and furnish certified copies of all proceedings and records of the Authority relating to this transaction and such other affidavits and certificates as may be required to show the facts relating thereto as such facts appear on the books and records in the officers' custody and control or as otherwise known to them; all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Authority as to the truth of all statements contained therein. The approval hereby given to the various documents referred to above includes the approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the Authority's counsel and the officials authorized herein to execute said documents prior to their execution; and said officials are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officer or officers of the Authority herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 10. Filing. Following approval by the City Council, the Secretary is hereby authorized and directed to file the Project Plan and the Tax Increment Plan with the Commissioner of Revenue as required by Minnesota Statutes Section 469.175, Subdivision 2. Passed by the Housing and Redevelopment Authority of the City of Eden Prairie,Minnesota,this 20th day of July, 1999. Chair Attest: Secretary Q LINCOLN PARC CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 15-99-PUD-11-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, CHANGING THE ZONING OF 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, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: This ordinance allows changing the zoning of land located at Eden Road and Singletree Lane from Rural to Community Commercial Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) 9 LINCOLN PARC CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 15-99 PUD 11-99 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 Regional Commercial and be place in the Community Commercial Zoning District 15-99-PUD- 11-99 (hereinafter "PUD 11-99-Community Commercial"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 20, 1999, entered into between Hartford Financial Services and the City of Eden Prairie, (hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 11-99-Community Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 11-99-Community Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD 11-99-Community Commercial is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD 11-99-Community Commercial are justified by the design of the development described therein. D. PUD 11-99-Community Commercial is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and shall be included hereafter in the Planned Unit Development PUD 11-99-Community Commercial and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 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 1st day of June, 1999, 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 20th day of July, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on May 20, 1999. 1/ MEMORANDUM TO: Mayor and City Council Housing and Redevelopment Authority THROUGH: Don Uram, Community and Economic Development Director FROM: David Lindahl,HRA Manager DATE: July 12, 1999 SUBJECT: Tax Increment Financing (TIF)Plan-Lincoln Parc Apartments The Lincoln Parc proposal is for 180 rental apartment units located on Eden Road next to the City water tower. The developer, Hartford Financial, is proposing to subsidize 142 units for 15 years through the use of"pay as you go"Tax Increment Financing. Of the 142 affordable units, 38 will be affordable to persons with incomes below 50%of the median income for the metro area,which is the minimum required when using Tax Increment. The other 104 units will be affordable to persons with incomes below 80%of the area median. The current HUD income limits at these levels are as follows: Household Income Limits Size 50% 80% 1 $22,250 $33,450 2 $25,450 $38,250 3 $28,600 $43,000 4 $31,800 $47,800 All the affordable units will be integrated and mixed throughout the development. The Planning Commission found the use of TIF for this project to be consistent with the goals of City's Comprehensive Plan and Livable Communities Action Plan. State Statute requires the City Council and HRA to review and approve the enclosed TIF Plan. The expected cost to lower rents on these units over a fifteen year period will be about$5,242,000. Rents on the affordable units compared to the market rate units are as follows: Reduced Reduced Market Rent(50%) Rent (80%) Rent One Bedroom $525 $850 $ 925 Two Bedroom $600 $1,100 $1,150 Three Bedroom $700 $1,300 $1,500 1 According to State Statutes, before the TIF plan can advance to the City Council for their consideration, the Planning Commission must find it consistent with the goals of City's comprehensive Plan for housing development. The Plan is consistent with the following goals and strategies of the City's Comprehensive Plan and Livable Communities Action Plan: Livable Communities: • Consider using City financing where appropriate to help reduce housing costs to a level that meets the goals for rental housing. Current funding tools the City will consider using include Tax Increment Financing (TIF). • Three hundred fifty new affordable rental units should be constructed between 1996 and 2010, which is about 23 units per year, through the following strategies. a) Each new rental housing proposal should have 20% of its units affordable. The affordable units will be split with 80%affordable to families with incomes below 60%of area median, and 20% affordable to persons with incomes below 50%. Every effort should be made to scatter the affordable units throughout a development. These units should not be concentrated in one building or single area of a site. b) Encourage and support rental housing within all PUD proposals. c) Consider using all available financing tools where appropriate to help reduce housing costs to a level that meets Livable Communities goals for rental housing. d) Consider mixing rental housing into sites guided for commercial, office, or industrial developments whenever and wherever possible. Community Development staff will explore rental housing alternatives with developers and landowners when they contact the City with development proposals. e) Increase flexibility of the permitted uses of Tax Increment Financing for affordable housing needs. Comprehensive Plan: • Lower Development Costs of Low Income and Elderly Development by Reducing Fees and Offer Support of Development Costs with CDBG Funds, Tax Increment Financing, and Other Possible Means. • Use Full Authority of the City's Housing and Redevelopment Authority to Support Development of Low Income and Elderly Housing Projects. • Encourage Low Income and Elderly Housing Developments Throughout Eden Prairie and Provide Quality Services Required by Residents. 2 13 City of Eden Prairie, Minnesota Eden Prairie Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 16 (Lincoln Parc Apartments Project) Draft: July 12, 1999 Prepared by: SPRINGSTED INCORPORATED 85 E. Seventh Place, Suite 100 St. Paul, MN 55101-2887 (651) 223-3000 TABLE OF CONTENTS Section Page(s) A. Definitions 1 B. Statutory Authorization 1 C. Statement of Need and Public Purpose 1 D. Statement of Objectives 1 E. Designation of Tax Increment Financing District as a Housing District 1 F. Duration of the TIF District and the Three-Year Rule 2 G. Property to be Included in the TIF District 3 H. Property to be Acquired in the TIF District 3 I. Specific Development Expected to Occur Within the TIF District 3 J. Findings and Need for Tax Increment Financing 3 K. Estimated Public Costs 4 L. Estimated Sources of Revenue 4 M. Estimated Amount of Bonded Indebtedness 4 N. Original Net Tax Capacity 5 O. Original Tax Capacity Rate 5 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment 6 Q. Use of Tax Increment 6 R. Excess Tax Increment 7 S. Tax Increment Pooling and the Five-Year Rule 7 T. Limitation on Administrative Expenses 8 U. Limitation on Property Not Subject to Improvements— Four-Year Rule 8 V. Estimated Impact on Other Taxing Jurisdictions 8 W. Local Government Aid Penalty 9 X. Prior Planned Improvements 9 Y. Development Agreements 9 Z. Assessment Agreements 9 AA. Modifications of the Tax Increment Financing Plan 9 AB. Administration of the Tax Increment Financing Plan 10 AC. Financial Reporting and Disclosure Requirements 11 Map of the Tax Increment Financing District EXHIBIT I Assumptions Report EXHIBIT II Projected Tax Increment Report EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report EXHIBIT IV \work\reports\mn\edenpra7.t16 City of Eden Prairie, Minnesota Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority" means the Eden Prairie Housing and Redevelopment Authority. "City" means the City of Eden Prairie, Minnesota; also referred to as a "Municipality". "City Council" means the City Council of the City; also referred to as the "Governing Body". "County" means Hennepin County, Minnesota. "Redevelopment Proiect" means Redevelopment Project No. 5 in the City, which is described in the corresponding Redevelopment Plan. "Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project. "Proiect Area" means the geographic area of the Redevelopment Project. "School District" means Independent School District No. 272, Minnesota. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.179, both inclusive. "TIF District" means Tax Increment Financing (Housing) District No. 16. "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authority See Section 1.3 of the Redevelopment Plan for the Redevelopment Project. Section C Statement of Finding and Public Purpose See Section 1.2 of the Redevelopment Plan for the Redevelopment Project. Section D Statement of Objectives See Section 1.4 of the Redevelopment Plan for the Redevelopment Project. Section E Designation of Tax Increment Financing District as a Housing District Housing districts are a type of tax increment financing district which consists of a project intended for occupancy, in part, by persons or families of low and moderate income. Low and moderate income is defined in federal, state, and municipal legislation. A project does not qualify if the fair market value of the improvements, constructed for uses other than low and moderate income housing are more than 20% of the total fair market value of all the planned improvements. The fair market value of the improvements may be determined using the cost of construction, capitalized income, or any other appropriate method of estimating marketing value. /6 ® SPRINGSTED \work\reports\mn\edenpra7.t16 Page 1 City of Eden Prairie, Minnesota In addition, housing districts are subject to various income limitations and requirements for residential property. For owner occupied residential property, 95% of the housing units must be initially purchased and occupied by individuals whose family income is less than or equal to the income requirements for qualified mortgage bond projects under section 143(f) of the Internal Revenue Code. For residential rental property, the property must satisfy the income requirements for a qualified residential rental project as defined in section 142(d) of the Internal Revenue Code. A rental property also satisfies the above requirements if 50 percent of the residential units in the project are occupied by individuals whose income is 80 percent or less of the area median gross income. The TIF District qualifies as a housing district in that it meets all of the criteria listed above. It is anticipated that at least 80% of the planned improvements in the TIF District will be for low and moderate income housing purposes. In addition, the TIF District meets the requirements for a "qualified housing district" in that all of the low and moderate income housing units will meet all of the requirements for the low income housing tax credit (whether such credits are received or not) under Section 42 of the Internal Revenue Code of 1986, as amended through December 31, 1992. As a qualified housing district, the TIF District does not cause any reduction in the local government aid received by the City from the State (see Section W). The above requirements apply for the duration of the TIF District. Failure to comply with these requirements results in application of the duration limits for economic development districts to the TIF District, that is the lesser of (a) nine years from the date of receipt of the first tax increment or (b) 11 years after approval of the TIF Plan. If at the time of the noncompliance, the TIF District has exceeded the duration limits for an economic development district, the TIF District must be decertified effective for taxes payable in the next calendar year. Tax increments derived from a housing district must be used solely to finance the cost of housing projects as defined above. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the Authority may be included in the cost of a housing project. Section F Duration of the TIF District and the Three-Year Rule Housing districts may remain in existence 25 years from the date of receipt of the first tax increment. This term shall be reduced to 20 years if the Authority elects to delay receipt of the first tax increment until a minimum market value for the TIF District is reached or exceeded, or four years have elapsed from the date of certification, whichever is earlier. Modifications of this plan (see Section AA) shall not extend these limitations. The Authority does not elect to delay receipt of the first tax increment. The Authority reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law (projected to be through the year 2026), but anticipates that the TIF District will be decertified prior to that time (see Section P). All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the Authority. In addition, no tax increments shall be paid to the Authority from the TIF District after three years from the date of certification unless within that time period: (1) bonds have been issued in aid of the Project Area (except revenue bonds issued pursuant to M.S. Sections 469.152 to 469.165); (2) the Authority has acquired property within the TIF District; or (3) the Authority has constructed public improvements within the TIF District. ' Ti SPRINGSTED \work\reports\mn\edenpra7.t16 Page 2 City of Eden Prairie, Minnesota Section G Property to be Included in the TIF District The TIF District is a 4.83-acre area of land located within the Project Area. A map showing the location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel ID Number Legal Description 14-116-22-24-0023 Lot 4, Block 1, Eden Prairie MarketCenter The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. Section H Property to be Acquired in the TIF District The Authority may acquire and sell any or all of the property located within the TIF District; however, the Authority does not anticipate acquiring any such property at this time. Section I Specific Development Expected to Occur Within the TIF District The project will consist of 186 rental apartment units and up to 20,000 square feet of storefront offices/retail space in one building. In accordance with State requirements for qualified housing TIF districts, 20% of eligible units will be occupied by individuals with income at or below 50% of the area median income, and will have maximum monthly rents of no more than 30% of maximum monthly gross income. At the time this document was prepared there were no signed construction contracts with regards to the above-described development. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) the TIF District qualifies as a housing district and as a qualified housing district; See Section E of this document for the reasons and facts supporting this finding. (2) the proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan; The reasons and facts supporting this finding are that the developer has represented to the Authority that it would not undertake the proposed development without the assistance of tax increment financing. Private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within the Project Area. 21 SPRINGSTED /gf \work\reports\mn\edenpra7.t16 Page 3 City of Eden Prairie, Minnesota (3) the TIF Plan conforms to the general plan for development or redevelopment of the City as a whole; and The reasons and facts supporting this finding are that the TIF District is properly zoned, and the TIF Plan has been approved by the City Planning Commission and will generally compliment and serve to implement policies adopted in the City's comprehensive plan. (4) the TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Project Area by private enterprise. The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area. Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIE District. Principal Interest Total Site Improvements $1,382,717 $ 931,215 $2,313,932 Land Acquisition $1,750,000 $1,178,568 $2,928,568 Administration $ 524,250 $ 0 $ 524,250 Total $3,656,967 $2,109,783 $5,766,750 The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as-you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K). The Authority reserves the right to finance any or all public costs of the TIF District using pay- as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The Authority does not anticipate issuing tax increment bonds to finance the estimated public costs of the TIF District. 2 SPRINGSTED \work\reports\mn\edenpra7.t16 Page 4 City of Eden Prairie, Minnesota Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 1998 for taxes payable in 1999 is $1,263,000. (The property is currently tax-exempt.) Upon establishment of the TIF District, and subsequent reclassification of property, it is estimated that the original net tax capacity of the TIF District will be approximately $30,312. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section 0 Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. The sum of all local tax rates that apply to property in the TIF District, for taxes levied in 1998 and payable in 1999, is 134.556% as shown below. The County Auditor shall certify this amount as the original tax capacity rate of the TIF District. 1998/1999 Taxing Jurisdiction Local Tax Rate City of Eden Prairie 28.531% Hennepin County 40.994% Independent School District#272 59.204% Watershed #4 0.880% Metro Special Taxing Districts 2.429% Other Special Taxing Districts 2.518% Total 134.556% a SPRINGSTED \work\reports\mn\edenpra7.t16 Page 5 City of Eden Prairie, Minnesota Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retain any or all of this amount. It is the Authority's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.25% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The Authority has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision la; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government. This prohibition does not apply to the construction or renovation of a parking structure, a common area used as a public park, or a facility used for social, recreational, or conference purposes and not primarily for conducting the business of the community. 2 SPRINGSTED \work\reports\mn\edenpra7.t16 Page 6 City of Eden Prairie, Minnesota If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five-Year Rule At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 20% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. a ® SPRINGSTED \work\reports\mn\edenpra7.t16 Page 7 City of Eden Prairie, Minnesota The Authority does not anticipate that tax increments will be spent outside of the TIF District (except for allowable administrative expenses); however, the Authority does reserve the right to allow for tax increment pooling from the TIF District in the future. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the proposed development within the TIF District; (3) relocation benefits paid to, or services provided for, persons or businesses residing or located within the TIF District; or (4) amounts used to pay interest on, fund a reserve for, or sell at a discount, tax increment bonds. Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total estimated public costs authorized by the TIF Plan or (b) 10% of the total tax increment expenditures for the project. Section U Limitation on Property Not Subject to Improvements— Four-Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The Authority must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences any of the above activities, the Authority shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The Authority believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. 21 SPRINGSTED \work\reports\mn\edenpra7.t16 Page 8 City of Eden Prairie, Minnesota Section W Local Government Aid Penalty Tax increment financing districts established or expanded after April 30, 1990 may cause a reduction in the local government aid (LGA/HACA) received by the City from the State. However, because the TIF District is a qualified housing district the City is exempt from any loss of local government aid. Section X Prior Planned Improvements The Authority shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Section Y Development Agreements If more than 10% of the acreage of a project (which contains a housing district) is to be acquired by the Authority with proceeds from tax increment bonds then, prior to such acquisition, the Authority must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority should the development not be completed. The Authority anticipates entering into an agreement for development, but does not anticipate acquiring any property located within the TIF District. Section Z Assessment Agreements The Authority may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. Section AA Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property ® SPRINGSTED \work\reports\mn\edenpra7.t16 Page 9 City of Eden Prairie, Minnesota to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Authority agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AB Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the Authority shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The Authority shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the Authority shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; SPRINGSTED \work\reports\mn\edenpra7.t16 Page 10 City of Eden Prairie, Minnesota (c) if the TIF District is classified as an economic development district, then the original net tax capacity shall be increased by the amount of the annual adjustment factor; and (d) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the TIF District. Section AC Financial Reporting and Disclosure Requirements The State Auditor shall enforce the provisions of the TIF Act and shall have full responsibility for financial and compliance auditing of the Authority's use of tax increment financing. On or before August 1 of each year, the Authority must annually submit to the State Auditor, City Council, County Board and County Auditor, and the School District Board a report which shall: (1) provide full disclosure of the sources and uses of public funds in the TIF District; (2) permit comparison and reconciliation of the accounts and financial reports; (3) permit auditing of the funds expended on behalf of the TIF District; and (4) be consistent with generally accepted accounting principles. The report shall include, among other items, the following information: (1) the original net tax capacity of the TIF District; (2) the captured net tax capacity of the TIF District, including the amount of any captured net tax capacity shared with other taxing jurisdictions; (3) for the reporting period and for the duration of the TIF District, the amount budgeted under the TIF Plan, and the actual amount expended for, at least, the following categories: (a) acquisition of land and buildings through condemnation or purchase; (b) site improvements or preparation costs; (c) installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; (d) administrative costs, including the allocated cost of the Authority; and (e) public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements. (4) for properties sold to developers, the total cost of the property to the Authority and the price paid by the developer; and (5) the amount of increments rebated or paid to developers or property owners for privately financed improvements or other qualifying costs. .26 ® SPRINGSTED \work\reports\mn\edenpra7.t16 Page 11 City of Eden Prairie, Minnesota Additional information which must be annually reported to the State Auditor, by July 1 of each year, includes: (1) for the entire City: (a) the total principal amount of nondefeased tax increment bonds outstanding at the end of the previous calendar year; and (b) the total amount of principal and interest payments that are due for the current calendar year on tax increment bonds. (2) for each tax increment financing district in the City: (a) the type of district; (b) the date the TIF District is required to be decertified; (c) the amount of any payments and the value of in-kind benefits, such as physical improvements and the use of building space, that are financed with revenues from increments and are provided to another governmental unit during the preceding calendar year; (d) the tax increment revenues for taxes payable in the current calendar year; (e) whether the TIF Plan permits tax increment revenues to be expended for activities located outside of the TIF District, and (f) any additional information that the State Auditor may require. The Authority must also annually publish in a newspaper of general circulation in the City an annual statement for each tax increment financing district showing the tax increment received in that year, the original and captured net tax capacity, the amount of outstanding bonded indebtedness, the amount of increments paid to other governmental bodies, the amount paid for administrative costs, the sum of increment paid, directly or indirectly, for activities and improvements located outside of the district, the increase in property taxes if a fiscal disparity contribution is being made from outside of the district, and any additional information the Authority deems necessary. The Authority must publish the annual statement for a year by July 1 of the next year and must provide a copy to the State Auditor by the time it submits the annual statement for publication. cif SPRINGSTED \work\reports\mn\edenpra7.t16 Page 12 EXHIBIT I O 1 Ott PRO \CA • O D 0 RC pi RC RC 7 : 1 • • - 1-1 )] Tax Increment Financing District No. 16 \ (Qualified Housing) a? g EXHIBIT II Assumptions Report City of Eden Prairie,Minnesota Tax Increment Financing(Qualified Housing)District No. 16 Lincoln Parc Apartment/Retail Project Scenario A Type of Tax Increment Financing District Qualified Housing Maximum Duration of TIF District 25 years from 1st increment Certification Request Date 09/01/99 Decertification Date 12/01/26 (25 Years of Increment) 1999/2000 Base Estimated Market Value $1,263,000 (1998 EMV) Times: First $0 2.40% 0 Excess 2.40% 30,312 Original Net Tax Capacity $30,312 Assessment/Collection Year 1999/2000 2000/2001 2001/2002 2002/2003 Base Estimated Market Value $1,263,000 $1,263,000 $1,263,000 $1,263,000 Increase in Estimated Market Value(a) 0 0 15,000,000 15,000,000 Total Estimated Market Value $1,263,000 $1,263,000 $16,263,000 $16,263,000 Times: First $0 2.40% 0 0 0 0 Excess 2.40% 30,312 30,312 390,312 390,312 Total Net Tax Capacity $30,312 $30,312 $390,312 $390,312 Base Inflation Factor NA Local Tax Capacity Rate 134.556% (Pay 1999) Fiscal Disparities Contribution From TIF District 0.0000% Administrative Retainage Percent(maximum = 10%) 10.00% Pooling Percent 0.00% City Tax Rate(Only if Local-Effort TIF) NA Bonds Note(Pay-As-You-Go) Bonds Dated 09/01/99 Note Dated 09/01/99 First Interest Date 02/01/00 Note Rate 8.00% Underwriters Discount 1.50% LGA/HACA Loss; Will Annual Local Contribution Be Made(Yes or No)? No I.S.D#272 Equalized Tax Capacity Rate NA I.S.D#272 Sales Ratio NA City Sales Ratio&Taxable Net Tax Capacity NA NA Present Value Date&Rate 09/01/99 5.00% (a)Preliminary estimate of market value. Project completion expected in Fall 2000. Prepared by: Springsted Incorporated (printed on 7/12/99 at 4:23 PM) Tifinca.xls Projected Tax Increment Report City of Eden Prairie,Minnesota Tax Increment Financing(Qualified Housing)District No.16 Lincoln Parc Apartment/Retail Project Scenario A Less: Less: Retained Times: Less: Less: Annual Total Original Fiscal Captured Tax Annual State Aud. Admin. Annual Annual Period Net Tax Net Tax Disp.© Net Tax Capacity Gross Tax Deduction Retainage Net Tax Net Ending Capacity Capacity 0.0000% Capacity Rate Increment 0.25% 10.00% Increment Revenue (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (12) 12/31/99 30,312 30,312 0 0 134.556% 0 0 0 0 0 12/31/00 30,312 30,312 0 0 134.556% 0 0 0 0 0 12/31/01 30,312 30,312 0 0 134.556% 0 0 0 0 0 12/31/02 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/03 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/04 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/05 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/06 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/07 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/08 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 O12/31/09 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/10 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/11 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/12 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/13 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/14 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/15 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/16 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/17 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/18 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/19 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/20 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/21 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/22 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 12/31/23 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 X 12/31/24 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 1 12/31/25 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 W 12/31/28 390,312 30,312 0 360,000 134.556% 484,402 1,211 48,319 434,872 434,872 - 12/31/27 390,312 390,312 0 0 134.556% 0 0 0 0 0 - $12,110,050 $30,275 $1,207,975 $10,871,800 $10,871,800 (a)Rent Subsidy schedule assumes no subsidy in first 1/2 year of operation,full subsidy for all UM units beginning in 2002. Prepared by: Springsted Incorporated (printed on 7/12/99 at 4:23 PM) Tifinca.xls Estimated Impact on Other Taxing Jurisdictions Report I City of Eden Prairie,Minnesota Tax Increment Financing(Qualified Housing)District No.16 Lincoln Parc Apartment/Retail Project Scenario A Without Project or TIF District With Project and TIF District Projected Hypothetical 1998/99 1998/99 Retained New Hypothetical Hypothetical Tax Generated Taxable 1998/99 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity(1) Tax Rate Capacity(1) + Capacity = Capacity Tax Rate(') Tax Rate(') N.T.C.(') City of Eden Prairie 73,782,323 28.531% 73,782,323 $360,000 74,142,323 28.392% 0.139% 102,213 Hennepin County 1,024,048,441 40.994% 1,024,048,441 360,000 1,024,408,441 40.980% 0.014% 147,527 ISD#272 68,614,631 59.204% 68,614,631 360,000 68,974,631 58.895% 0.309% 212,022 L/,t Other(2) — 5.827% — 360,000 - — 5.827% — — "' Totals 134.556% 134.094% 0.462% s ' Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above,the result would be a lower local tax rate(see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case,the total local tax rate would decrease by 0.462%(see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity=total net tax capacity-captured TIF-fiscal disparity contribution. (2) The impact on these taxing jurisdictions is negligible since they represent only 4.33%of the total tax rate. m X I 00 —I Prepared by:Springsted Incorporated(7/12/99) DATE: July 20, 1999 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: SECTION: Public Hearing SERVICE AREA: ITEM DESCRIPTION: I.C. 52-196 Public Works Order Improvements and Preparation of Plans and Specifications for Lincoln Engineering Lane Street and Storm Sewer Improvements Rodney W. Rue Requested Action Move to: Approve resolution ordering improvements and preparation of plans and specifications for I.C. 52-196, Lincoln Lane Street and Storm Sewer Improvements. Synopsis A feasibility study has been prepared for the referenced project. The study identifies seven benefitting properties (all with direct access to Lincoln Lane) for the described street and storm sewer improvements. The street currently is a gravel road without adequate storm sewer. The total estimated cost is $90,300. The seven benefitting properties have been previously assessed for sanitary sewer and watermain. Since our special assessment policy does not deal with previous assessments, we are recommending a policy modification to address this issue. We are proposing to give the property owners credit for their previous assessment and adjusting the assessment for inflation using the Engineering News Record Construction Cost Index. In addition, we are proposing to adjust the maximum assessment for homesteaded residential parcels (using similar criteria) to $19,600. (We will be addressing these issues in further detail at the public hearing.) With the revised maximum assessment and credit for the previous assessment (adjusted for inflation), the resultant net assessment for these street and storm sewer improvements is estimated at $12,444.00 for most of the properties. The study concludes that the proposed improvements are feasible and cost effective. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 6th day of July, 1999, fixed the 20th day of July, 1999, as the date for a public hearing on the following proposed improvements: I.C. 52-196: Lincoln Lane Street and Storm Sewer Improvements WHEREAS, ten days published notice of the Council Hearing through two weekly publications of the required notice was given and the hearing was held on the 20th day of July, 1999, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvements, with the assistance of H.T.P.O. Inc., consulting engineers. ADOPTED by the Eden Prairie City Council on July 20, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram ADC Tax Abatement Resolution and Agreement Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Tax Abatement For ADC Telecommunications,Inc. Synopsis TAX ABATEMENT ADC has agreed to construct the improvements to Technology Drive identified in the City's Transportation Plan concurrent with the construction of Phase I of their corporate headquarters. Since the City has not planned to make these improvements until 2005, this project has not been funded as part of the Capital Improvements Plan. Due to the lack of City funding, other sources of financing including the use of tax abatement have been identified. Since the use of tax abatement is available for constructing public improvements,this alternative is recommended. The cost of these improvements is estimated at$2 million and is proposed to be divided between the City(70%) and ADC (30%). ADC will finance the City's $1.4 million share of these costs at no interest to the City. Attachments 1. Resolution for Tax Abatement 2. Tax Abatement Agreement 3. Memorandum dated July 15, 1999 MEMORANDUM TO: Mayor and Members of the City Council FROM: Don Uram, Financial Services Director THROUGH: Chris Enger, City Manager DATE: July 15, 1999 SUBJECT: ADC Tax Abatement Summary ADC has agreed to construct the improvements to Technology Drive identified in the City's Transportation Plan concurrent with the construction of Phase I of their corporate headquarters. Since the City has not planned to make these improvements until 2005, this project has not been funded as part of the Capital Improvements Plan. Due to the lack of City funding, other sources of financing including the use of tax abatement have been identified. Since the use of tax abatement is available for constructing public improvements,this alternative is recommended. The cost of these improvements is estimated at $2 million and is proposed to be divided between the City (70%) and ADC (30%). ADC will finance the City's $1.4 million share of these costs at no interest to the City. The following factors were taken into consideration when recommending the use of tax abatement for this project: Size of Project: A total of about 91 acres with over 1 million square feet of corporate headquarters constructed at full development. Phase I will consist of about 430,000 square feet of office space. Land Use: The city code allows up to a 50% office use in the industrial zoning district. The ADC plan is 70% office and 30% lab and light manufacturing. Project Value: Phase I market value is estimated between $56 to $85 million generating about $300,000 in local taxes. Improvement Project Costs: Of the $2 million estimated project cost, the City's portion is $1.4 million. Based on a maximum tax abatement of about $300,000 annually, it would take 5 years to reimburse ADC for the costs of the improvements. Project Timing: Without the granting of a tax abatement, the improvements to Technology Drive would not be made until 2005. Page 1 0 Tax Abatement Process State Statue allows the governing body of a city to grant an abatement of the taxes imposed by the city on a parcel of property, if: 1) it expects the benefits to the city of the proposed abatement agreement to at least equal the costs to the city of the proposed agreement; and 2) it finds that doing so is in the public interest because it will: a) increase or preserve tax base; b) provide employment opportunities in the city; c) provide or help acquire or construct public facilities; d) help redevelop or renew blighted areas; or e) help provide access to services for residents of the city. The ADC project meets many of the above requirements including an increase in tax base and the construction of public facilities. An abatement may only be granted by adopting an abatement resolution, specifying the terms of the abatement. This resolution must also include a specific statement as to the nature and extent of the public benefits that the governing body expects to result from the agreement. The city can limit the abatement: 1) to a specific dollar amount per year or in total; 2) to the increase in property taxes resulting from improvement of the property; 3) to the increases in property taxes resulting from increases in the market value or tax capacity of the property; or 4) in any other manner the governing body of the subdivision determines is appropriate. In any year, the total amount of property taxes abated by a city may not exceed (1) five percent of the current levy, or (2) $100,000, whichever is greater. In addition, an abatement can be granted for a period no longer than ten years. Based on a current levy of $18.6 million, the City can abate taxes up to an amount not to exceed$930,000 annually. Lastly, an abatement can only be approved after holding a public hearing on the proposed abatement. Notice of the hearing must be published in a newspaper of general circulation (Eden Prairie News). This notice must indicate that the City will consider granting a property tax Page 2 3 abatement, identify the property for which an abatement is under consideration, and the total estimated amount of the abatement. ADC Abatement Agreement Summary Highlights of the terms and conditions of the agreement with ADC are as follows: Maximum Amount: Not to exceed$1.4 million Commencement and Duration: Beginning with taxes payable in 2002 and terminating upon payment of the maximum amount. In no case shall the abatement period extend for more than 10 years. Other Conditions: No payment of taxes abated for any year will be paid unless or until ADC has completed the following: 1. Construction and occupancy of Phase I 2. Construction by ADC of the Technology Drive road improvements Each of these items are detailed in the attached Tax Abatement Agreement. Page 3 / 07/15/99 THU 13:04 FAX 6123496718 FAX LC7000 Z 021 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. TAX ABATEMENT FOR ADC TELECOMMUNICATIONS, INC. BE IT RESOLVED, that the Council of the City of Eden Prairie adopts the following: WHEREAS, ADC Telecommunications, Inc. ("ADC") has proposed to develop a World Corporate Headquarters and Technology Campus ("Corporate Headquarters") in three phases consisting of 430,000 square feet of building in Phase I, 150,000 square feet of building in Phase II, and 600,000 square feet of building in Phase III on 91.03 acres("development")situated in the City described in Exhibit A attached hereto and made a part hereof (the "Property"), and which development is more fully described in a Developers Agreement between ADC and City entered into as of July 20, 1999 ("Developers Agreement"). WHEREAS, ADC has requested as a condition to its proposed development that City grant an abatement of taxes imposed by City upon the Property pursuant to Minn. Stat § 469.1812 - 469.1815, ("Tax Abatement")and WHEREAS, City has given notice and held a public hearing on July 20, 1999, at which the Council considered the granting of a Tax Abatement such public notice of the hearing having been published in the Eden Prairie News at least once more than 10 days but less than 30 days before July 20, 1999, and WHEREAS, City and ADC contemplate entering into a tax abatement agreement relating to the Tax Abatement ("Tax Abatement Agreement"). NOW THEREFORE,The Council of the City of Eden Prairie makes the following Findings L and Statement as to the nature and extent of the public benefits which the Council expects to result from the Tax Abatement Agreement and specifies the terms of the Tax Abatement,and approves the Tax Abatement Agreement. A. FINDINGS AND STATEMENT AS TO THE NATURE AND EXTENT OF THE PUBLIC BENEFITS EXPECTED TO RESULT FROM THE TAX ABATEMENT AGREEMENT. 1, In consideration of,and as an inducement to ADC to build and occupy for its business operations all or a portion of its World Headquarters and as a condition to ADC's Page 1 07/15/99 THU 13:04 FAX 6123496718 FAX LC7000 @J022 f' assuming obligations pursuant to the Developers Agreement,ADC requires the grant to it of the Tax Abatement in accordance with the terms and conditions set forth herein. In consideration of the grant of the Tax Abatement, ADC has or will execute the Developers Agreement and will undertake, among other things, to build and construct the Road Improvements and trails and dedicate or convey land or easements, all for the public use and benefit more fully described in the Developers Agreement.All of the public uses and benefits will not be provided to City and public by ADC unless the Tax Abatement is granted to it. 2. The benefits to the City of the proposed Tax Abatement Agreement are expected to at least equal the costs to the City of the proposed Tax Abatement because the cost �. of constructing the Road Improvements and trails and the conveyance or dedication of land to the City by ADC will cost or are of a value in the aggregate of more than the Maximum Amount of the Tax Abatement described herein 3. Granting the Tax Abatement is in the public interest because: a- Construction of a minimum of Phase I of ADC's Corporate Headquarters • required as a condition to payment of any tax abatement will result in an increase in the City's tax base measured by the increase in the estimated market value of the Property in the range of$56,000,000.00(Fifty-six Million Dollars and 00/00) to $85,000,000-00. (Eighty-five Million Dollars and 00/00). Since payment of any tax abatement to ADC is conditioned upon the receipt of additional property taxes resulting from improvements upon the [. Property, the tax base will necessarily increase prior to the City's obligation to make the payments. r• b. ADC does not, as of the date of this Agreement,have a place of employment in the City. Payment of tax abatements to ADC is conditioned upon construction of Phase I of ADC's Corporate Headquarters. Upon completion of construction and occupancy of Phase I, ADC will employ many people at the Property, thus providing employment opportunities in the City. c. As a condition to the receipt of Tax Abatement payments, ADC must build and construct the Road Improvements and trails and dedicate or convey land or easements to the City for the public uses and benefits as described in the Developers Agreement. The construction of those improvements and the dedication or conveyance of land or interests therein for public uses and benefits will result in providing additional public facilities and infrastructure for the City- r. Page 2 07/15/99 THU 13:05 FAX 6123496718 FAX LC7000 q 023 is B. GRANT OF TAX ABATEMENT AND SPECIFICATION OF TERMS. THERE IS HEREBY GRANTED,to ADC,an abatement of the taxes to be imposed by the City on the Property as hereinafter provided and upon the following terms and conditions. �. 1_ Maximum Amount The aggregate maximum amount of the Tax Abatement for the entire Tax Abatement Duration Period is $1,400,000, ("Maximum Amount"), provided however, if the cost of the Road Improvements described in section B. 5.b hereof is less than two million dollars($2,000,000), then the Maximum Amount shall be seventy percent (70%) of the cost of the Road Improvements. The cost of the Road Improvements shall not include the cost or value of any land or interest therein conveyed or dedicated by ADC or other person for the right-of-way for the Road Improvements. �. 2. Tax Abatement Is Limited to the Net Amount of Property Taxes Received by City Resulting from Improvements upon the Property.The Tax Abatement to be paid by City to ADC in any year shall be limited to the net amount of property taxes received by City("Net Amount of Property Taxes"). The Net Amount of Property Taxes shall be the actual amount of property taxes received by City in a year attributable to an increase or increases in the property taxes as a result of improvements to the Property after July 20, 1999,after all reductions and deductions r from the taxes paid by ADC for that year pursuant to Minn. Stat. Chapters 276 A or 473 F or otherwise as required by law, prior to or at the time a tax payment is received by City from Hennepin County. • 3. Limitations. The following limitations apply- a. In any year the total amount of all property taxes abated by City shall not exceed five percent of the current levy of the City or $100,000 whichever is greater. b. No tax attributable to the area-wide tax under Minn_ Stat. Chapter 276 A or 473 F shall be abated by City, except as provided in Minn_ Stat. § 469.1813 subd. 2. c. No Tax Abatement shall exceed the Maximum Annual Amount. The Maximum Annual Amount equals the total City tax rate multiplied by the total net tax capacity of the Property. 4. Commencement of Property Tax Abatement and Duration. The period during which Tax Abatement payments to ADC relating to the Property may be made, shall commence with respect to the property taxes payable in the Year 2002 and shall terminate (if not sooner terminated upon payment of the Maximum Page 3 07/15/99 THU 13:06 FAX 6123496718 FAX LC7000 1024 Amount of Tax Abatements as provided in Paragraph B. 1 hereof)with respect to the taxes payable in the Year 2011 so that in any event the Tax Abatement payments shall extend for a period no longer than 10 years("Tax Abatement Duration Period"). 5. Tax Abatement Payments Conditioned upon Completion of Improvements and Conveyance or Dedication of Land or Interests.No payment of taxes abated for any year shall be made within the Tax Abatement Duration Period unless or until ADC shall have completed the following: 't a. Construction of Phase I of its Corporate Headquarters on the Property as described in the Developers Agreement and an occupancy permit has been issued for that building. b. Construction by ADC ofthe Road improvements in accordance with the plans to be approved by the City Engineer pursuant to the Developers Agreement. c. Construction of the trails in accordance with the plans to be approved by the Director of Parks,Recreation,and Natural Resources pursuant to, and at the times specified in the Developers Agreement. d. Conveyance or dedication to City of the land or property interests described in and pursuant to the Developers Agreement ADC's failure to complete performance of any one of the foregoing conditions shall relieve City of its obligation to make the Tax Abatement payments to ADC for the year or years a condition has not been fulfilled and the amount or amounts of Tax Abatement payments shall be deferred(without any accrual of interest on the deferred amount) by the City relating to such year or years until such condition has been satisfied by ADC or waived by the City, however, in no event shall such deferral extend beyond December 31, 2005, and if any such condition has not been satisfied by ADC or waived by the City by such date,then the amount which was deferred shall be forfeited by ADC. 6. Payment of Tax Abatements. The total property taxes shall be levied on the Property and shall be due and payable by ADC at the times provided by law. The City will pay to ADC the Net Amount of Property Taxes to which ADC is entitled no later than 45 days after the Net Amount of Property Taxes has been received by City from Hennepin County. Each payment,to which ADC may be entitled, shall be made only if: a. The time to initiate any administrative or judicial review or appeal relating to the property taxes, with respect to which the payment is to be made, has passed. Fr Page 4 ( i 07/15/99 THU 13:06 FAX 6123496718 FAX LC7000 1J025 b_ No administrative or judicial review or appeal relating to the property taxes, with respect to which the payment is to be made, is pending. c. Any Decision,Order or Judgment relating to such an administrative or judicial review or appeal is final. d. No such final Decision, Order or Judgment has or will result in a reduction or refund of part or all of the Net Amount of Property Taxes, with respect to which, such payment is to be made. In any event,if for any reason,the Amount of Property Taxes received by City for any year is,after receipt by City,reduced,abated or set aside so as to require a repayment by City or a debit or setoff against City's future receipt of property taxes,ADC shall • within 90 days after the effective date of such payment,debit or setoff reimburse such amount to City. 7. Not in Contravention of Law. It is intended that nothing contained herein be in contravention of law.In the event that any provision hereof conflicts with Minn. Stat. §469.1812,469.1815,the latter shall prevail.This Resolution shall be interpreted and given effect as if the terms or prohibitions of such section or sections have been included herein. ti C. WAGE LEVEL AND JOB CREATION GOALS AND REQUIREMENTS. Wage level and job creation goals are hereby established and are required to be met by ADC as follows' Wage and Job Requirements. ADC anticipates that it will employ approximately eight hundred and fifty (850) peo le as employees at the Property within two (2) years after the date of the Tax Abatement Agreement. Of that number of employees, approximately one hundred(100)will be new full time positions,at an average hourly wage of at least ten dollars($10.00), created in the state of Minnesota, since the date of the Tax Abatement Agreement. If ADC fails to create such number of new positions or pay such wage rate within two (2) years after the date of the Tax Abatement Agreement,then ADC shall pay to the City all Tax Abatement payments that ADC received from the City under the Tax Abatement Agreement and ADC shall forfeit the right to all future Tax Abatement payments under the Tax Abatement Agreement. D. TAX ABATEMENT AGREEMENT. l: The Tax Abatement Agreement between ADC and the City in the form of Exhibit B attached hereto and made a part hereof is approved and authorized. Page 5 07/15/99 THU 13:07 FAX 6123496718 FAX LC7000 fj 026 E. LIMITATION ON CITY'S LIABILITY r It is understood and agreed by ADC that nothing in this Resolution authorizing the Tax Abatement Agreement or any covenant, provision or agreement of the City herein or in any other document executed by the City in connection with the granting of the Tax Abatement, or any obligation imposed upon the City or breach thereof, shall give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers or shall obligate the City financially in any way except with respect to the application of taxes to be abated pursuant to the Tax Abatement Agreement. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges except to the extent that the same can be paid or recovered from the taxes abated. No execution on any claim,demand,cause of action or judgement shall be levied upon or collected from • the general credit, general funds or taxing powers of the City. In adopting this Resolution and executing the Tax Abatement Agreement,the City has not,and will not, obligated itself except with respect to the abatement of taxes as provided. The obligations arising from this Resolution or the Tax Abatement Agreement do not now and shall never constitute an indebtedness or a loan of the credit • of the City or the City's general taxing powers within the meaning of any constitutional or statutory provision whatsoever. It is further understood that the City shall not be liable for any expenses related hereto. ADOPTED by the City Council of Eden Prairie, this day of 1999. io • I• Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk EMDCrckcommvni cw:o..IRetolw+wn is } Page 6 /d • 07/15/99 15:48 FAX 612 349 6718. LANG PAULY GREGERSON IJ014/O19 TAX ABATEMENT AGREEMENT This Agreement is entered into as of July 20, 1999, by and between ADC Telecommunications,Inc., a Minnesota corporation hereinafter referred to as"ADC"and the City of Eden Prairie, a municipal corporation hereinafter referred to as the "City." WHEREAS, ADC has proposed to develop a World Corporate Headquarters and Technology Campus("Corporate Headquarters") in three phases consisting of 430,000 square feet of building in Phase I, 150,000 square feet of building in Phase II, and 600,000 square feet of building in Phase III on 91._03 acres ("development") situated in the City described in Exhibit A attached hereto and made a part hereof (the "Property"), and which development is more fully described in a Developers Agreement between ADC and City entered into as of July 20, 1999 ("Developers Agreement"),incorporated herein by reference and WHEREAS,ADC has requested as a condition to its proposed development that City grant an abatement of taxes imposed by City upon the Property pursuant to Minn. Stat. §§ 469.1.812- 469.1815, ("Tax Abatement"), and WHEREAS,in consideration of, and as an inducement to ADC to build and occupy for its business operations all or a portion of its World Headquarters and as a condition to ADC's assuming obligations pursuant to the Developers Agreement, ADC requires the grant to it of the Tax Abatement in accordance with the terms and conditions set forth herein. In consideration of the grant of the Tax Abatement,ADC has or will execute the Developers Agreement and will undertake, among other things,to build and construct the Road Improvements and trails and dedicate or convey land or easements, all for the public use and benefit more fully described in the Developers Agreement. All of the public uses and benefits will not be provided to City and public by ADC unless the Tax Abatement is granted to it, and - WHEREAS, the benefits to the City of the proposed Tax Abatement Agreement are expected to at least equal the costs to the City of the proposed Tax Abatement because the cost of constructing the Road Improvements and trails and the conveyance or dedication of land to the City by ADC will cost or are of a value in the aggregate of more than the Maximum Amount of the Tax Abatement described herein, and WHEREAS, granting the Tax Abatement is in the public interest because: a. Construction of a minimum of Phase I of ADC's Corporate Headquarters required as a condition to payment of any tax abatement will result in an increase in the City's tax base measured by the increase in the estimated market value of the Property in the range of Fifty Six Million Dollars to Eighty Five Million Dollars (S56,000,000 to$85,000,000)_ Since payment of any tax abatement to ADC is conditioned upon the receipt of additional property taxes resulting from improvements upon the Property, the tax base will necessarily increase prior to the City's obligation to make the payments. b. ADC does not,as of the date of this Agreement, have a place of employment in the 1 07/15/99 15:49 FAX 612 349 6718 LANG PAULY GREGERSON 1J015/019 City.Payment of tax abatements to ADC is conditioned upon construction of Phase I of ADC's Corporate Headquarters.Upon completion of construction and occupancy of Phase 1, ADC will employ many people at the Property, thus providing employment opportunities in the City, As a condition to the receipt of Tax Abatement payments, ADC must build and construct the Road Improvements and trails and dedicate or convey land or easements to the City for the public uses and benefits as described in the Developers Agreement. The construction of those improvements and the dedication or conveyance of land or interests therein for public uses and benefits will result in providing additional public facilities and infrastructure for the City. NOW THEREFORE,City hereby grants the Tax Abatement as hereinafter provided and upon the following terms and conditions and ADC accepts the grant of the Tax Abatement upon such terms and conditions and assumes the obligations and undertakings required by it, all as hereinafter provided: 1. Maximum Amount. The aggregate maximum amount of the Tax Abatement for the entire Tax Abatement Duration Period is $1,400,000, ("Maximum Amount"), provided however, if the cost of the Road Improvements described in section 5.b hereof is less than two million dollars ($2,000,000), then the Maximum Amount shall be seventy percent(70%)of the cost of the Road Jmprovements.The cost of the Road Improvements shall not include the cost or value of any land or interest therein conveyed or dedicated by ADC or any other person for the right-of-way for the Road Improvements. 2. Tax Abatement Is Limited to the Net Amount of Property Taxes Received by City Resulting from Improvements upon the Property. _The Tax Abatement to be paid by City to ADC in any year shall be limited to the net amount of property taxes received by City ("Net Amount of Property Taxes"). ,The Net Amount of Property Taxes shall be the actual amount of property taxes received by City in a year attributable to an increase or increases in the property taxes as a result of improvements to the Property after July 20, 1999,after all reductions and deductions from the taxes paid by ADC for that year pursuant to Minn. Stat. Chapters 276 A or 473 F or otherwise as required by law. prior to or at the time a tax payment is received by City from Hennepin County. 3. Limitations. The following limitations apply: a. In any year the total amount of all property taxes abated by City shall not exceed five percent of the current levy of the City or$100,000 whichever is greater. b. No tax attributable to the area-wide tax under Minn. Stat. Chapter 276 A or 473 F shall be abated by City,except as provided in Minn. Stat_ § 469.1813 subd. 2. 2 2- 07/15/99 15:50 FAX 612 349 6718 LANG PAULY GREGERSON 0 016/019 c. No Tax Abatement shall exceed the Maximum Annual Amount_ The Maximum Annual Amount equals the total City tax rate multiplied by the total net tax capacity of the Property. 4. Commencement of Property Tax Abatement and Duration. The period during which Tax Abatement payments to ADC relating to the Property may be made,shall commence with respect to the property taxes payable in the Year 2002 and shall terminate (if not sooner terminated upon payment of the Maximum Amount of Tax Abatements as provided in Paragraph 1.hereof)with respect to the taxes payable in the Year 2011 so that in any event the Tax Abatement payments shall extend for a period no longer than l0 years ("Tax Abatement Duration Period"). 5. Tax Abatement Payments Conditioned upon Completion of Improvements and Conveyance or Dedication of Land or Interests._No payment of taxes abated for any year shall be made within the Tax Abatement Duration Period unless or until ADC shall have completed the following: a. Construction of Phase I of its Corporate Headquarters on the Property as described in the Developers Agreement and an occupancy permit has been issued for that building: b. Construction by ADC of the Road Improvements (as agreed upon by the parties in the Developers Agreement) in accordance with the plans to be approved by the City Engineer pursuant to the Developers Agreement. c. Construction of the trails in accordance with the plans to be approved by the Director of Parks,Recreation, and Natural Resources pursuant to,and at the times specified in,the Developers Agreement. d. Conveyance or dedication to City of the land or property interests described in and pursuant to the Developers Agreement. ADC'sfailure to complete performance of any one of the foregoing conditions shall relieve City of its obligation to make the Tax Abatement payments to ADC for the year or years a condition has not been fulfilled and the amount or amounts of Tax Abatement payments shall be deferred (without any accrual of interest on the deferred amount)by the City relating to such year or years until such condition has been satisfied by ADC or waived by the City,however,in no event shall such deferral extend beyond December 31, 2005, and if any such condition has not been satisfied by ADC or waived by the City by such date,then the amount which was deferred shall be forfeited by ADC. 6. Payment of Tax Abatements. The total property taxes shall be levied on the Property and shall be due and payable by ADC at the times provided by law. The City will pay to ADC the Net Amount of Property Taxes to which ADC is entitled 3 / 3 07/15/99 15:50 FAX 612 349 6718 LANG PAULY GREGERSON 0 017/019 no later than 45 days after the Net Amount of Property Taxes has been received by City from Hennepin County_ Each payment,to which ADC may be entitled,shall be made only if: a. The time to initiate any administrative or judicial review or appeal relating to the property taxes, with respect to which the payment is to be made, has passed . b. No administrative or judicial review or appeal relating to the property taxes, with respect to which the payment is to be made,is pending. c. Any Decision, Order or Judgment relating to such an administrative or judicial review or appeal is final. d. No such final Decision, Order or Judgment has or will result in a reduction or refund of part or all of the Net Amount of Property Taxes,with respect to which, such payment is to be made. In any event,if for any reason, the Amount of Property Taxes received by City for any year is, after receipt by City, reduced, abated or set aside so as to require a repayment,by City or a debit or setoff against City's future receipt of property taxes, ADC shall within 90 days after the effective date of such payment, debit or setoff reimburse such amount to City. 7. Wage and Job Requirements. ADC anticipates that it will employ approximately eight hundred and fifty (850) people as employees at the Property within two (2) years after the date of this Agreement. Of that number of employees,approximately one hundred(100)will be new full time positions, at an average hourly wage of at least ten dollars ($10.00), created in the state of Minnesota, since the date of this Agreement. If ADC fails to create such number of new positions or pay such wage rate within two(2)years after the date of this Agreement,then ADC shall pay to the City all Tax Abatement payments that ADC received from the City under this Agreement and ADC shall forfeit the right to all future Tax Abatement payments under this Agreement. 8. Not in Contravention of Law. It is intended that nothing contained herein be in contravention of law. In the event that any provision hereof conflicts with Minn. Stat. §§ 469.1812.-469.1815, the latter shall prevail. This Agreement shall be interpreted and given effect as if the terms or prohibitions of such section or sections have been included herein. 9. Limitation on City's Liability. It is understood and agreed by ADC that nothing in the Resolution authorizing this Agreement or any covenant, provision or agreement of the City herein or in any other document executed by the City in connection with the granting of the Tax Abatement, or any obligation imposed upon 4 ILi 07/15/99 15:51 FAX 612 349 6718 LANG PAULY GREGERSON 0018/019 the City or breach thereof, shall give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers or shall obligate the City financially in any way except with respect to the application of taxes to be abated pursuant to this Agreement. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages,costs or other financial or pecuniary charges except to the extent that the same can be paid or recovered from the taxes abated. No execution on any claim,demand,cause of action or judgement shall be levied upon or collected from the general credit, general funds or taxing powers of the City. In executing this Agreement,the City has not obligated itself except with respect to the abatement of taxes as provided. The obligations arising from this Agreement do not now and shall never constitute an indebtedness or a loan of the credit of the City or the City's general taxing powers within the meaning of any constitutional or statutory provision whatsoever. It is further understood that the City shall not be liable for any expenses related hereto. 5 07/15/99 15:51 FAX 612 349 6718 LANG PAULY GREGERSON 1aj019/019 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. ADC TELECOMMUNICATIONS,INC. CITY OF EDEN PRAIRIE By Jean L.Harris,Mayor Its_ Chris M. Enger,City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1999,by Jean L. Harris and Chris M. Enger,respectively the Mayor and the City Manager of the City of Eden Prairie,a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of July , 1999_, by the of ADC Telecommunications,Inc,a Minnesota corporation_ Notary Public T.uA6skApcamcnl 6 /6 CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Michael D. Franzen Dell Road/Highway 5 Office Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Amendment on 2.72 acres of the Jamestown PUD; and • Approve 1st Reading of the Ordinance for PUD District Review on 2.72 acres and Zoning District Change on 2.72 acres from Rural to Office; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). • Direct Staff to issue a land alteration permit to Tandem Properties to proceed with construction at their own risk. • Synopsis This project is a 26,773 sq. ft., one story, office building which meets City Code requirements. Background Information At the June 14, 1999 meeting the Planning Commission voted 4-0 to recommend approval of the project to the City Council. The Planning Commission directed staff to evaluate the Dell and Cascade Drive intersection for a traffic signal. The signal warrant analysis is expected to be completed by the City Council meeting. Attachments 1. Resolution for PUD Concept Amendment 2. Staff Report dated June 11, 1999 3. Planning Commission Minutes dated June 14, 1999 4. Correspondence DELL ROAD/HIGHWAY 5 OFFICE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF DELL ROAD/HIGHWAY 5 OFFICE FOR TANDEM PROPERTIES WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept Amendment of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on Dell Road/Highway 5 Office PUD Concept Amendment by Tandem Properties and considered their request for approval for development and recommended approval of the requests to the City Council; and, WHEREAS,the City Council did consider the request on July 20, 1999; NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Dell Road/Highway 5 Office,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 Amendment approval as outlined in the plans dated July 9, 1999. 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 14, 1999. ADOPTED by the City Council of the City of Eden Prairie this 20th day of July, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk a DELL ROAD/HIGHWAY 5 OFFICE EXHIBIT A Legal Description: Lot 1, Block 1, Jamestown of Eden Prairie 3rd Addition 3 PLANNING COMMISSION MINUTES City of Eden Prairie June 14, 1999 Page 7 D. DELL ROAD/HIGHWAY 5 OFFICE by Tandem Properties. Jim Ostenson, Tandem Properties, pat of Jamestown development, stated the neighborhood presented a petition for a one-story office building and this proposal is for a one-story office building. He review the plans for the development. Barb Boyle, 18322 Cascade Drive, asked if she would be allowed to use their parking lot in office hours because of limited parking in the area. She also requested a stoplight be installed at Dell and Cascade. Franzen stated that the city reviews traffic counts and makes changes based on those counts. He stated he would ask the Engineering Department to review this intersection. The developer stated he would look at the request for using the parking lot. MOTION: Alexander moved, seconded by Lewis to close the hearing. Motion carried 4-0. MOTION: Alexander moved, seconded by Lewis to recommend to the City Council approval of the request of Tandem Properties for Planned Unit Development Concept Amendment on 2.72 acres of the Jamestown PUD, Planned Unit Development6 district Review with waivers on 2.72 acres, Zoning District change from rural to Office on 2.72 acres, and Site Plan Review on 2.72 acres based on plans dated May 28, 1999, and subject to the recommendations of the Staff Report dated June 11, 1999; and requesting city staff to have the Engineering Department review the need for a traffic signal at the intersection of Dell and Cascade. Motion carried 4-0. STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: June 11, 1999 SUBJECT: Dell Road and Highway 5 Office Building APPLICANT: Tandem Properties OWNER: Tandem Properties LOCATION: Northeast quadrant of Dell Road and Cascade Drive REQUEST: 1. Planned Unit Development Concept Review on 2.72 acres of the Jamestown PUD. 2. Planned Unit Development District Review on 2.72 acres. 3. Rezoning from Rural to Office on 2.72 acres. 4. Site Plan Review on 2.72 acres. 5 s rla i i ' .Z �75.IA .2a,57.. e.7S r- • 42 :1) 75)rT�:`a I -17 a `� .u.07 , ' - ? ' �A0 1�1 n.T:ONE ,1 tv .•n..%'tl('331 � `, ��. 70) 'QZ,• ! �_; ru•5r?. (205 21b) (217 228). '- '!.'z `)1 1•'9. •�a ••:v.32 strarl.f. c. f`C .„ 2y,n 6 Z7 , 1; ., 57..�- 5AYi0 587• ${ $ 41 ,,, �� ., . ;i 4.7-E4.=..1I� •t067 ..�\ ` ) `a�•i ,..5.a'.t , &- a0.0.�t 11 : 51: 'r)� 50 ^.;�:p7 .�+d.�'-• .S r:5 1; `V`.S�r q 3 v •'714 'Zi I ) I " : �''.? ER `tq) ' ' v? • . • - 7 -I'y, -, z J` Isa7. R a`. . 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I:- ++.)I. 1.• • _ ) (I t) J. f (ta) / +(:9) w (30.)� Iz y t� '�' :, 's w$ :s $ 1 �� 1 ;y •_ (12) I 1 7 lY mczra. 1 )- , (-Z) - (..) 1- ,a(35) R(2I) ^a Si Staff Report—Dell and Highway 5 Office June 11, 1999 BACKGROUND This site has a 1990 Planned Unit Development approval for approximately 50,000 square feet of general retail,restaurant, convenience gas,office and daycare as part of the Jamestown PUD. The PUD was amended in 1995 with an approval of a daycare on the east half. The City Council evaluated several options for the west half of the site and recommended an office use. SITE PLAN The site plan shows the construction of a 26,773 sq. ft., one story office building on 2.72 acres at a .27 base area ratio. The City code permits up to a .30 base area ratio. The building and parking setbacks meet City Code as well as the number of parking spaces provided. ARCHITECTURE The building meets the 75%face brick, glass and stone requirement. TREE LOSS Since this site is part of a PUD,tree loss is averaged with the Kindercare site. There are a total of 1,677 diameter inches of trees. The overall tree loss for both sites is 37%,or 619 inches. Therefore, the total tree replacement for both sites is 304 inches. A total of 128 inches of trees have already been planted on the south side of Cascade Drive as an additional residential buffer, and 37 caliper inches on the Kindercare site. This leaves 139 inches to be replaced on the office site. LANDSCAPE PLAN The landscaping requirement is 84 caliper inches with the tree replacement requirement of 139 inches for a total of 223 caliper inches. The landscape plan shows 112 caliper inches. An additional 111 caliper inches needs to be added to the landscape plan, and should be located along Hwy. 5 and Dell Road. DRAINAGE A NURP pond is shown on the plan. LIGHTING Downcast, shoebox lighting will be used throughout the parking lot area at a maximum height of 20 feet. 2 Staff Report—Dell and Highway 5 Office June 11, 1999 UTILITIES Utilities are available in Cascade Drive. STAFF RECOMMENDATION The staff recommends approval of: • Planned Unit Development Concept Review on 2.72 acres; • Planned Unit Development District Review on 2.72 acres; • Rezoning from Rural to Office on 2.72 acres; • Site Plan Review on 2.72 acres. Approval is based upon plans dated June 11, 1999, and subject to the recommendations of the Staff Report June 11, 1999, and the following conditions: 1. Prior to City Council Review,the Developer shall provide a revised landscape plan to include the remaining 111 inches. 2. Prior to building permit issuance,the proponent shall: A. Submit detailed storm water runoff,utility and erosion control plans for review by the Watershed District. B. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer. C. Pay the appropriate cash park fee. D. Meet with the Fire Marshal to go over fire code requirements. E. Submit samples of exterior building materials for review. F. Submit a landscaping and screening bond for review. 3. Prior to grading,the proponent shall notify the City Engineer,Watershed District, and City Forester. Construction fencing to protect existing trees must be in place and approved by the City Forester prior to grading and tree removal. 3 e June 11 , 1999 Members of the Eden Prairie Planning Commission: Since I will be out of town at the time of the hearing on the development of the property at Dell Road and Cascade Drive, I am writing to express two serious concerns regarding this proposal: ( 1 ) the location of the entrance to the proposed office building and ( 2) the increase in an already-unacceptable amount of traffic on Cascade this building will cause. These two concerns are obviously related. My mawr concern is that the access to the planned office building is much too close to the intersection of Dell Road and Cascade and also is almost directly across from my driveway, which serves two units. Attempting to exit from this driveway in the morning or turn into it in the evening is indeed an exercise in courage. Unless you members of to Commission have tried this or have witnessed the traffic situation on Cascade, you cannot possibly understand the hazardous conditions that already exist. The amount of traffic on Cascade has increased precipitously in the past three years--not only because of the day-care center but also because of the increase in residential building in the area. Approving the existing plan for an access to an office building so close to the intersection of Dell and Cascade and almost directly across from a residential driveway amounts to approving an increased risk in an obvious traffic hazard. A traffic study done two years ago--even with projections--is not a valid indicator of the amount of traffic on Cascade. Tfje situation is truly an accident waiting to happen. goi ng if you will, a constant stream of traffic go g both ways on Cascade. An then add to that a stream of cars trying to cross this traffic to make a left-hand turn into an office parking lot just after turning onto Cascade. It doesn't take much imagination to see the potential for serious accidents resulting from this faulty planning. I do hope you will see the necessity of asking the developer to alter the plans sufficiently to move the access to this proposed building further to the East. This at least would reduce the possibility of rear-end accidents between those who speed onto Cascade from Dell and those who are trying to turn left into the proposed office building parking lot. It also would allow people in the townhouses a better chance of safely getting out of and into their own driveways. Thank you for your consideration of this request. Sincerely, Mary/ E. McKinsey 18320 Cascade Drive / D 4„NNES01. 4 Minnesota Department of Transportation O a r Na Metropolitan Division r OF TRP'S Waters Edge 1500 West County Road B2 Roseville, MN 55113 May 26, 1999 Mike Franzen City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Dear Mike Franzen: SUBJECT: Dell Road Office Site Site Plan Review S99-042 Southeast Quadrant of Trunk Highway(TH) 5 and Dell Road Eden Prairie,Hennepin County C.S. 2701 The Minnesota Department of Transportation(Mn/DOT)has reviewed the Dell Road Office site plan. We find the plan acceptable for further development. Please contact me at 651-582-1654 with any questions. Sincerely, t**giL Scott Peters Senior Transportation Planner/Local Government Liaison An equal opportunity employer // MEMORANDUM To: Parks, Recreation and Natural Resources Commission Through: Bob Lambert, Director Director Parks and Recreation Services From: Stuart A. Fox,Manager Parks and Natural Resources Date: June 16, 1999 Subject: Supplemental Staff Report to the June 11, 1999 Staff Report for Dell Road and Highway 5 Office Building BACKGROUND: The proposed project is located on the corner of Dell Road and Cascade Drive. This site is part of a 1990 Planned Unit Development that included general retail, restaurant, convenience gas, office, and day care as part of the Jamestown PUD. In 1995, the PUD was amended to allow construction of the Kindercare facility. The site is 2.72 acres in size and the proposed development is for a single story office building of approximately 27,000 square feet. NATURAL RESOURCE ISSUES: Tree Loss/Landscaping Because this site is part of the original PUD, the tree loss has been averaged with the adjacent Kindercare site. On the entire site there is a total of 49 significant trees as defined by City Code. They total 1,677 diameter inches. The overall tree loss for both sites is 22 trees, totaling 619 inches. The net tree loss for the site is 37%. Mitigation for tree loss is 304 diameter inches. Some of the mitigation trees have already been planted, and these include 128 inches of trees that were planted on the south side of Cascade Drive and 37 inches planted on the Kindercare site. With the already completed plantings there would be 139 caliper inches of trees remaining to be planted on the proposed office site. When the tree mitigation of 139 inches is combined with the landscaping requirement of 84 inches, the total required landscaping is 223 caliper inches. There are 112 caliper inches of trees shown on the proposed landscape plan. An additional 111 inches needs to be added to the landscape plan. Dell Road and Highway 5 Office Building June 16, 1999 Page 2 NURP Pond A NURP pond is proposed that would collect storm water runoff from the parking lot and roof area of this development. Water would be channeled to the NURP pond and then piped to adjacent wetland areas. The proposed pond would need to be approved by the Watershed District and City Engineer prior to construction. Sidewalks/Trails There is five-foot concrete sidewalk along the south side of Cascade Drive. An.eight-foot wide bituminous trail exists along the north side of Cascade Drive east of this proposed project. Staff would recommend that the remaining portion of this eight-foot trail be built concurrent with construction on the site. RECOMMENDATION: This project was reviewed at the June 21, 1999 Planning Commission and was approved on 4-0 vote. Staff would recommend approval of the project as per the City Planner staff report of June 11, 1999 and the supplemental information within this staff report. SAF:mdd A:\Dell Road Office/Stuart 1999 � 3 Parks, Recreation and Natural Resources Commission June 21, 1999 Page 4 Fox said there is nothing in the Staff report for a NURP pond because this project is within the area served by the drainage pond for Eden Prairie Center. The project was reviewed at the May 24 and June 14 Planning Commission meetings and approved on a 4-0 vote. Jacobson asked the architect to show the elevation of the building and berms. The architect showed where a berm is located behind the houses. They propose extending the berm and planting a significant number of trees on top of it. Also, utilities and drainage will be piped down through this area. Brown asked if the ten townhouses are designed for seniors. The architect responded they will be single-level townhomes, designed for seniors. Brown inquired how many units are set aside for non-assisted, now many are for assisted, and how many for total care. The architect responded there are 140 units for independent living in addition to the ten townhouses, 93 units are for assisted living, about 50 units are for on-going care and 30 units are for dementia patients. Brown said senior housing is badly needed in Eden Prairie and expressed appreciation to the developer for this proposal. MOTION: Corneille moved, seconded by Jacobson, to approve Eden Shores Senior Campus as reviewed by the Planning Commission on May 24 and June 14, 1999, and according to the Staff recommendations contained in the May 21 and June 11, 1999 reports, and the June 16 supplemental Staff report. Motion was approved 4-0. C. Dell Road and Highwav 5 Office Building Fox explained that the proposed project is located on the corner of Dell Road and Cascade Drive. This site is part of a 1990 Planned Unit Development that included general retail, restaurant, convenience gas, office and day care as part of the Jamestown PUD. In 1995, the PUD was amended to allow construction of the KinderCare facility. The site is 2.72 acres in size, and the proposed development is for a single-story office building of approximately 27,000 square feet. Fox asked the applicant to make the presentation. Dick Putnam, one of the owners of Tandem Properties, said in 1995 they submitted a plan to construct a neighborhood retail center, convenience store and commercial complex, but the City did not approve the plan, saying they would rather see an office complex at this location. The City did approve the building of the KinderCare facility. Mr. Putnam said they are committed to saving as many trees as possible. The overall tree loss is 22 trees, or a total of 619 inches. The equivalent of 71 3-inch trees would be replacing those lost. There is an area of about 500 feet in which to plant the trees. They are hoping to plant shrubbery to screen automobiles. Fox said because this site is part of the original PUD, the tree loss has been averaged with the adjacent KinderCare site. On the entire site there is a total of 49 significant Parks,Recreation and Natural Resources Commission June 21, 1999 Page 5 trees, totaling 1,677 diameter inches. The overall tree loss for both sites is 22 trees, totaling 619 inches. The net tree loss for the site is 37 percent. Mitigation for tree loss is 304 diameter inches. Some of the mitigation trees have already been planted, including 128 inches of trees that were planted on the south side of Cascade Drive and 37 inches planted on the KinderCare site. This leaves 139 caliper inches of trees remaining to be planted on the proposed office site. When the tree mitigation of 139 inches is combined with the landscaping requirement of 84 inches, the total required landscaping is 223 caliper inches. There are 112 caliper inches of trees shown on the proposed landscape plan. An additional 111 inches needs to be added to the landscape plan. Staff will work on this with the developer and surrounding neighbors. Staffs recommendation is that the tree loss be mitigated and landscaping be planted. The proposed NURP pond would need to be approved by the Watershed District and City Engineer prior to construction. An eight-foot-wide bituminous trail exists along the north side of Cascade Drive east of this proposed project. Staff would recommend that the remaining portion of this eight-foot trail up to Dell Road be built concurrent with construction on the site. The project was reviewed at the June 14 Planning Commission meeting and approved 4-0. MOTION: Jacobson moved, seconded by Wilson, to approve construction of the office building on the corner of Dell Road and Highway 5 as recommended in the June 11, 1999 Staff report and the supplemental Staff report dated June 16, 1999. Motion was approved 4-0. VI. OLD BUSINESS A. None VII. NEW BUSINESS A. None VIII. REPORTS OF COMMISSIONERS AND STAFF A. Reports of Manager Parks and Recreation 1. Donated Apple Trees from Eden Apple Orchard Fox distributed a report to the Commission that resulted from questions raised at the last meeting. Fox met with John Gertz to ask what had been done about the offer to donate apple trees from Eden Apple Orchard. Gertz gave Fox a copy of the April 19, 1999 Heritage Preservation Commission minutes, where that group discussed accepting those trees and trying to designate a location on the Cummins-Grill Homestead site where these trees would be planted. It is clear the HPC would like to have the trees on the site and made a recommendation to accept them. 07/14/99 15:16 FAX 6129331153 RLK-KUUSISTO Cj001/o MAKEngineering • Planning • Surveying • Landscape Architecture ( KTJUSISTO LTD ) EST.1969 MEMORANDUM Post-its Fax Note 7671 Date 1 t f is 1 rptaes DATE: July 14, 1999 To { l l\cCriritlt7011 • From Co./Dept. Co. TO: Mike Franzen,City of Eden Prairie Phone* Phone# FROM: Dennis Hansen Fax# o( .7211', Fax* RE: Proposed Office Building, Southeast Corner of TH 5 and Dell Road CC: Dick Putnam R.A. Putnam&Associates, inc. 2765 Casco Point Road Wayzata, MN 55391 Tandem Properties proposes an office building development in the immediate southeast corner of TH 5 and Dell Road in the City of Eden Prairie. Within the 2.7-acre site, a single story 26,773 square foot office building is planned. One hundred thirty-four parking spaces will be provided. Access to the site will be via a single driveway onto Cascade Drive located approximately 140 feet east of Dell Road. See the attached site development plan. A general office building of this size is expected to generate 295 trips per day. During the AM peak hour generation would be 42 vehicles(37 inbound and 5 outbound), and during the PM peak hour generation would be 40 vehicles(7 inbound and 33 outbound). Assuming that five percent of the generated trips would be from the neighborhood east on Cascade Drive, this proposed development would be expected to contribute only approximately 280 daily trips, 40 AM peak hour trips and 38 PM peak hour trips to the Dell Road/Cascade Drive intersection. In 1995 a more extensive development was proposed for this property. A traffic study for that proposed was undertaken with the title "Traffic Study for Dell Road and TH 5 Neighborhood Center in the City of Eden Prairie", August 1995. That study envisioned site trip generation of 3,225 vehicles per day, 216 vehicles in the AM peak hour and 248 in the PM peak hour(deleting the daycare center). Various scenarios of traffic assignments were derived for the site driveways onto Cascade Drive and for the intersection of Dell Road and Cascade. Traffic volumes of Scenario 3, which assumed full development of the area along Dell Road north of CSAH 1 plus the proposed 1995 Offices: Hibbing • Minnetonka • St.Paul • Twin Ports (612)933-0972 • 6110 Blue Circle Drive Suite 100 • Minnetonka,MN 55343 • FAX(612)933-1153 07/14/99 15:16 FAX 6129331153 RLK-KUUSISTO 2002/f1., Mike Franzen,City of Eden Prairie July 14, 1999 Page 2 development(neighborhood center),yielded level of service B at the Dell Road/Cascade Drive intersection when subjected to a capacity analysis. Obviously, the lesser-generated volumes of the proposed office building would provide a more favorable level of service than the 1995 proposal. Note that the level of service is based on the installation of a traffic signal at the Dell Road/Cascade Drive intersection. One of the conclusions of the 1995 traffic study was "a traffic signal warrant will develop at the Dell/Cascade intersection concurrently with the opening of Dell Road to CSAH 1 and substantial completion of development in the Dell Road corridor". The question is raised as to whether the warrants for a traffic signal are met currently. In this regard, traffic counts have been ordered to make an evaluation. Our schedule calls for this data being available for your review by Monday,July 19, 1999. d 07/14/99 15:17 FAX 6129331153 RLK-KUUSISTO a 003/(),1 FROM : R.A.PUTNAM & ASSOCIATES INC. FAX NO. : 612-471-887411 Jul. 12 1999 11:11AM P2 a _ DELL ROAD 7i0,2:406,,s?..„:\,.... ._,\ :_, ek �00 . e� smanuiQ \\ (Are'' ' ---,--•--•'.•-•- --- - 7.7\_, :. .11 t 44 . 014. '' V ittn \ f:m4t 11 1-- I - rj1 I 11 i il i rill ir i I-I I r-' 1 J 6 w'r \ • 4., ) -� 1, I I / �� i r!'' .\'‘‹,„ , ::, /Mil 1 i __.,.. __ i 1 �_ G �+ a o •rt , f ii \,,; E- 1 1 in el, A- 1 \ I 1\/.. t'' ''''' 4 #.--lll 51 \ ‘,\L' \ it sli e....„.. .., 0 ,.:.3.141,1-. ,..... t.r .„.. 1 ALE t Y f t'son°W.6'W 375.70�` 1 ,` • V sA .1 . r1.-7'.."--1 ' ir : tr.--7-‘7-1-1 11 J-1 _ 115if' 1 1 A : I111 :f±i • /9/ i. I ` f `. I. / \ w M U s ti a A t O .d c•. o m DELI. ROAD 1 DELL ROAD , n .n y A v Om ism 5 a ,, A '' n8 v"a �O U L 7 2:4 zv nsr 0 t 3 I CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Scott A. Kipp Lake Place Townhomes . G. Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Amendment on 2.26 acres to the overall Preserve PUD; and • Approve lst Reading of the Ordinance for PUD District Review with waivers on 2.26 acres and Zoning District Change from Rural and RM-2.5 to RM-6.5 on 2.26 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis This is a 15-unit townhouse project located at the southwest corner of Anderson Lakes Parkway and Center Way. Background Information The current guiding for the property would permit up to 21 housing units. Based on the Lake Place Apartments PUD,the total impervious surface is 33%, requiring a waiver through the PUD. The waiver may have merit since the density proposed for the site is less than the guide plan would permit, and that all runoff from the new development will be treated to NURP standards. The plans have been revised according to the recommendations of the Staff Report. The Planning Commission continued the project at its June 14, 1999 meeting to allow the Preserve Association's architectural review committee to review the architecture. The Planning Commission voted 6-0 to recommend approval of the project at its June 28, 1999 meeting. The Parks Commission did not review the project. City Council Agenda Lake Place Townhomes July 20, 1999 Page 2 of 2 Attachments 1. Resolution for PUD Concept Amendment 2. Staff Report dated June 11, 1999 3. Planning Commission Minutes dated June 14, 1999 4. Planning Commission Minutes dated June 28, 1999 5. Correspondence a LAKE PLACE TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF LAKE PLACE TOWNHOMES FOR S & H REALTY MANAGEMENT CO., LLP WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept Review of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on Lake Place Townhomes for S & H Realty Management Co., LLP, considered their request for approval for development and recommended approval of the requests to the City Council; and, WHEREAS,the City Council did consider the request on July 20, 1999; NOW,THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Lake Place Townhomes, 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 Amendment approval as outlined in the plans dated July 13, 1999. 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 28, 1999. ADOPTED by the City Council of the City of Eden Prairie this 20th day of July, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 3 LAKE PLACE TOWNHOMES EXHIBIT A Legal Description: Lot 3, Block 1, Baypoint Two, Hennepin County, Minnesota Except that part deeded for Center Way turnaround. T PLANNING COMMISSION MINUTES City of Eden Prairie June 28, 1999 Page 5 C. LAKE PLACE TOWNHOMES by S&H Realty Management Co., LLP. (continued from 6/14/99) Miles Lindberg, BRW, on the behalf of S&H Realty Management Co. reviewed the proposal for 15 townhouse units, 9 two-story with tuck under garages and six units with walkout and tuck under garages, including a stormwater pond. They have met with a limited number of the members of the Preserve Association as requested, and have tried to address their concerns in the revised plan. The Association's concerns were traffic, storm drainage quantity(stating this is a unique situation since it's a public street but a private storm sewer),plant material more native to this area and preservation of wildlife in the area. Carol Bonben, 9260 Tallis Circle, Association President, stated appreciation to the Planning Commission and developer to have the meeting. The number present was limited due to the short notice of the meeting. She stated some of the issues have been addressed but added the following recommendations: 1)make sure that small trees are not put in; 2) city staff needs to look at the drainage; 3)the parking issue can be resolved; and 4)the wildlife issue is resolved. She also stated that she hopes the Anderson Lakes project does not go through. Susan Dickman, 11210 Hyland, Manager of the Preserve, stated her appreciation to meet with the developer regarding this proposal. If this proposal did not go forth the Preserve would have bought the land if given the opportunity. The Association indicated that the Design Review Committee approved the proposed design. Commission Sandstad encouraged all parties, adjacent to the property, to work with city staff regarding the drainage issue and resolve the problems, emphasizing that every effort should be made towards resolution. MOTION: Clinton moved, second by Alexander to close the public hearing. Motion carried 6-0. MOTION: Clinton moved, seconded by Lewis to recommend to the City Council approval of the request of S&H Realty Management Co., LLP, for Planned Unit Development Concept Amendment on 2.26 acres to the overall Preserve PUD, Planned Unit Development District Review with waivers on 2.26 acres, Zoning District change from rural and RM-2.5 to R-6.5 on 2.26 acres, and Site Plan Review on 2.26 acres, based on plans dated May 21, 1999, and subject to the recommendations of the Staff Report dated June 11, 1999. Motion carried 6-0. D. MATT'S AUTO SERVICE by Matt Stroedel. Matt Stroedel,proponent, stated that he does towing and storage for the City of Eden Prairie and the City of Minnetonka. He currently has five storage facilities and continues to have problems PLANNING COMMISSION MINUTES City of Eden Prairie June 14, 1999 Page 5 C. LAKE PLACE TOWNHOMES by S&H Realty Management Co., LLP. Kipp introduced the proponent. Miles Lindberg, BRW, reviewed the background of this two-acre site. The proposal is for 15 townhouse units, 9 two-story units with tuck under garages, and six walkout units. They have met with some of the members of the Preserve Association but not all of them. The Association has brought up a conflict regarding the restrictive covenant for a 50-foot setback. Lindberg stated they have met the requirements;however, it is their intent to continue to work with the Association. Kipp stated staff recommends approval. Carol Tomlin, 9260 Tanis Circle, President of the Preserve Association stated they did not received property notification and request the Planning Commission continue this item so that all members of the Association have a chance to give their input to the proposal. She stated this project affects 1,684 people; and they were not given time to notify all members. She stated there are covenants that cover design, building materials, etc. and they have had not process for input. Franzen indicated that all property owners within 500 feet of this development were properly notified, as required by state statute. Scott Elfstrom, S&H Realty, stated that this proposal has been delayed for 4-5 years and is an extension of the original project. Scott also stated it is their intent to work with the Association. Neal Crocker, 9376 Amsden Way, head of the Design Review Committee of the Preserve Association, stated that he only found out today about the meeting and requested continuance. Susan Dickman, 11032 Hyland Terrace, new general manager as of October of the Baypoint development, stated she has never heard about this development. She stated Baypoint was not notified and they are not in support of this proposal. Bob , 10735 Northmark Drive, stated his surprise that this project has gone this far without being reviewed by the Preserve Association. Commissioner Habicht stated that the Planning Commission is the proper forum for review of the proposed development and its related issues, and that the Association can enforce its covenants for architectural review as a private matter. Dennis Suttliff, ESG Architects, stated their intent to start construction in the fall and it is their intention to work with the Preserve Association. A continuance might delay their construction start. PLANNING COMMISSION MINUTES City of Eden Prairie June 14, 1999 Page 6 Franzen stated the Association can review this proposal for conformance to its private covenants, but that the Planning Commission does not make recommendations according to Association covenants. That is a private matter. Alexander stated she would like to see the development meet with the Association. Lewis stated the covenants are a private matter and strongly urge the developer to meet with the Association; she feels the proposal is overly dense. Foote asked if the developer was willing to accept a continuance;but he was in favor of the proposal because of its technical merit. The developer requested a two-week continuance. MOTION: Clinton moved, seconded by Lewis to continue the public hearing to the June 28, 1999 Planning Commission meeting. Motion carried 4-0. Chair Foote noted that no new notices would be sent out regarding the continuance. STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: June 11, 1999 SUBJECT: Lake Place Townhomes APPLICANT/ FEE OWNER: S &H Realty Management Company LLC LOCATION: Southwest corner of Anderson Lake Parkway and Center Way REQUEST: 1. Planned Unit Development Concept Amendment on 2.26 acres to the overall Preserve PUD. 2. Planned Unit Development District Review with waivers on 2.26 acres. 3. Zoning District Change from Rural and RM-2.5 to RM-6.5 on 2.26 acres. 4. Site Plan Review on 2.26 acres. U 22 EDEN PRAIRIE-01 *•._C ... 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'-s-\•AF fY� t¢"F i1Y , a a , . a s �)',?.' .� . U-: -ot �or• , � I I : ' -"f7, HE ILL LAKE Iic ,. ,0 04'' .2.14‹ F., ..M ( 31_(71) ni)4(11 m)sE, • 241(i,:\ I L t•ite �> i`' q• pt K,x t. ' if. :,µ' .a.m,y,r i ...7.n.a (a) • 'fr9,y ; 7 r �_ -. (A7 !• (all �Y I :3.1.6.n- / .PI ow.t zvoct7 \ . ' (66) - 13('d) ? ',. : \ I al.po3. 'LIU' l'•4 • • ,'q'�h 'a / ' 7 \ 4 Y i .$) / 02) I. .. n / (ss sal ti. aii-- My IT LOT 2 . - id76.76'ES ....- `,p. GOVT LOT 7 2541.11 GOVT LOT i C) , 0 AP. IT R ATICN STATE • STCftli SEIER DISTRICT 'w^U( I&RY REES. •-•---•- SC4CCE DISTRICT EOLPOARY ,//'�� � �� � 1ATERSI-ED DISTRICT BDUNDARY (A GE TA INCREIENT BOUNDARY SUI I . a••r...r 1 Staff Report—Lake Place i ownhomes June 11, 1999 BACKGROUND The site is guided High Density Residential and Low Density Residential. The site is zoned RM-2.5 and Rural and is already platted into a lot of record. This property is part of The Preserve Planned Unit Development approved for the Preserve Condos 3 &4 in 1981, later constructed as the Lake Place Apartments in 1986 for 136 units. At the time of the original PUD approval, it was anticipated that this 2.26-acre site would be rezoned for multi- family housing. The current guiding for the property would permit up to 21 housing units. SITE PLAN The site plan shows the construction of 15 rental townhouse units in three, four, and five-unit buildings. The project transitions to the existing apartment building by creating a lower scale development between the three-story apartment building and Anderson Lakes Parkway. The site density is 6.6 units per acre. The City code allows up to 6.7 units per acre in the RM-6.5 Zoning District. The amount of proposed parkingmeets CityCode, and includes sixguest spaces. p p P Some of the buildings have the covered entries within the required setbacks and should be revised to meet City Code. A proposed internal trail will connect to the existing Preserve trail located along the south side of the site. GRADING AND DRAINAGE Storm water will be treated to NURP standards. A 0.3-acre wetland exists on the site. A determination has been made by the Watershed District that the wetland was created by past development activities,making it exempt from the provisions of the Wetlands Conservation Act of 1991. There are no significant trees on the property. The existing landscaping trees along Center Way will be maintained. SHORELAND CODE The site is 400 feet from Neill Lake, which is classified as a Natural Development Water and is subject to the Shoreland Code. The project meets the Code except for a maximum impervious 2 /O Staff Report—Lake Place i ownhomes June 11, 1999 surface of 30%. Based on the Lake Place Apartments PUD, the total impervious surface is 33%, requiring a waiver through the PUD. The waiver may have merit since the density proposed for the site is less than the guide plan would permit, and that all runoff from the new development will be treated to NURP standards. LANDSCAPING The amount of caliper inches based on building size is 98 inches. The landscape plan meets this requirement. ARCHITECTURE The buildings are two-story, and two-story walkouts. The RM-6.5 Zoning District does not require 75% face brick and glass. However, the architectural design and use of face brick, vinyl siding and cedar shakes is proposed to complement the existing architecture and materials used for the 136 unit apartment building. RECOMMENDATIONS The staff would recommend approval of the PUD Concept Amendment on 2.26 acres to the overall Preserve PUD, PUD District Review with waivers on 2.26 acres,Zoning District Change from Rural and RM-2.5 to RM-6.5 on 2.26 acres, and Site Plan Review on 2.26 acres,based on plans dated May 21, 1999 and the Staff Report dated June 11, 1999, and the following: 1. Prior to City Council review, the proponent shall revise the plans to shift the structures to meet the setbacks for the RM-6.5 Zoning District 2. Prior to grading permit issuance, the proponent shall submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. 3. Prior to building permit issuance, the proponent shall: A. Review the building plans with the Fire Marshal. B. Submit a landscaping bond in accordance with City Code. C. Provide building material samples and colors for review by the City Planner. 4. The following PUD waiver has been granted for the project: A. Impervious surface of 33%. City Code maximum is 30%. 3 LANG, PAULY, GREGERSON & ROSOW, LTD. ATTORNEYS AT LAW U.S.BANK PLACE 1600 PARK BUILDING 650 THIRD AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55402-4337 TELEPHONE:(612)338-0755 FAX:(612)349-6718 ROBERT I.LANG EDEN PRAIRIE OFFICE ROGER A.PAULY SUITE 370 DAVID H.GREGERSON" 250 PRAIRIE.CENTER.DRIVE RICHARD F.ROSOW+ EDEN PRAIRIE,MN 55344 MARK J.JOHNSON TELEPHONE:(612)829-7355 JOSEPH A.NILAN" TODD A.SATILER FAX:(612)829-0713 JENNIFER M.INZ REPLY'ID MINNEAPOLIS OFFICE JAMES W.DELAPLAIN *Also admitted in Wisconsin +Certified as a Real Property Specialist by the Minnesota State Bar Association June 22, 1999 Scott Kipp Eden Prairie City Offices 8080 Mitchell Road Eden Prairie, MN 55344-2230 RE: Lake Place Townhomes Dear Mr. Kipp: You have inquired what effect the Declaration of Covenants, Conditions and Restrictions of the Preserve Home Owners Association has on the City's approval of the Lake Place Townhomes. You have provided me with a copy of what appears to be a draft of the Declarations of the Preserve. Article VI of the Declarations provides for architectural control of any structure erected on property subject to the Declarations. The architectural control is implemented by the Board of Directors of the Association or an architectural committee composed of three representatives appointed by the Board. An owner of property subject to the Declarations is required to submit detailed plans and specifications with the Association and receive approval in writing as to the harmony of the external design and location in relation to surrounding structures and topography prior to proceeding. The process established by the Declarations is a private process and does not impinge upon or limit the City's authority with respect to zoning, site plan approval and/or platting. The City is not governed by the private Declarations of the Preserve and is not required under law to enforce those Declarations. In any event, the City could not enforce them because enforcement power is granted solely to the Home Owners Association's Board of Directors. LANG, PAULY, GREGERSON & ROSOW, LTD. Scott Kipp June 22, 1999 Page 2 The City's Planning Commission and the City Council should review the Lake Place Townhome proposal and site plan as they would any other development proposal submitted to them. Their decisions should be based upon the criteria established by the City ordinances and should be independent of the process established by the Declarations. If you have any further questions, please do not hesitate to contact me. Very truly yours, LANG, PAULY, REGERSON & ROSOW, LTD. B / s^� Rich rd F. Ros w RFR/smk EP\Lakeplac\Kipp.062299 / 3 C BRW A DAMES&MOORE GROUP COMPANY Thresher Square 700 Third Street South Minneapolis,Minnesota 55415 June 23, 1999 612 370 0700 Tel 612 370 1378 Fax Mr. Scott Kip,Planner Eden Prairie Planning Department 8080 Mitchell Road Eden Prairie,MN 55344 RE: Lake Place Townhomes Dear Scott: An informational meeting was held with The Preserve Association yesterday evening for the purpose of describing the proposed project to Association members, and to receive comments for consideration by the Planning Commission and design team. The Association staff mailed meeting notices to Preserve residents during the week prior to the meeting. Approximately 25-30 residents attended the meeting,including four Association Board members and the Association staff. There was some concern that the light turnout was a function of the short time available for notification,combined with a 5:00 meeting time. The mailed notification did,however,reference the Planning Commission meeting on Monday June 28, so there may be additional input from residents at the continuation of the Public Hearing. The results of the meeting and comments can be broadly summarized into three primary areas of concern, including issues related to traffic, storm drainage, and environmental responsibility. These concerns are over and above the position held by some of the participants that the Project should not be allowed at all, or that it should be allowed only with a reduction in the number of units. There was not a clear consensus on that issue as several attendees appeared to be supportive of the Project if the technical issues can be resolved. On behalf of the Developer,we will continue to seek approval for fifteen units as illustrated in the submittal which is before the Planning Commission. The technical issues raised are outlined below, followed by our response on behalf of the Developer. Traffic and Parking Issues 1. Through traffic on Anderson Lakes Parkway is a major issue for residents. Because of the intensity and speed of traffic during peak hours, and the lack of traffic control along the roadway,residents experience major delays and risky conditions to get out of their neighborhood streets and onto the Parkway. Center Way is characterized as one of the locations where this is a significant problem for residents of the existing apartments on the south side and single-family neighborhoods on the north side. Because of these conditions,residents are opposed to any additional development in the area which would add even a modest increase in vehicle trips. Residents asked for the Developer's support to assist with resolving the issue by: • Paying for the installation of traffic signals at Center Way and Anderson Lakes Parkway, or /I/ Offices Worldwide F& BRW L,e A DAMES&MOORE GROUP COMPANY Mr. Scott Kip June 23, 1999 Page 2 • Paying for and/or promoting the installation of stop signs at intersections along Anderson Lakes Parkway to create gaps and opportunities to access the Parkway safely from side streets. Although the proposed future widening of Anderson Lakes Parkway to four lanes may resolve some or all of the current problems, this alternative is not popular with residents who would prefer seeking solutions which would not involve widening the roadway through the Preserve. We believe that much of this problem is caused by cut-through traffic which is occurring because of a number of roadway improvement projects on the existing north/south arterials, and may be a temporary condition. We would support the installation of traffic control along Anderson Lakes Parkway if it would improve the current condition, since widening the roadway does not appear to be a feasible or popular near-term solution. 2. There is a concern that the proposed Project will create a demand for parking that will overflow onto the segment of Center Way south of Anderson Lakes Parkway. Counting driveways, over four spaces per unit are available on the site, and additional parking is available in the parking lots to the south which are owned and managed by the Developer. We believe that townhouse residents can be directed to use available off-street parking for guests and overflow conditions. If there is a problem,the Developer would agree to the installation of signs prohibiting parking on Center Way,in cooperation with the City. Storm Drainage Issues 1. Residents are concerned that runoff from the project be treated before discharging to Neill Lake. We explained the on-site drainage and pond system which will provide for storm water treatment and detention, with release at pre-development rates. 2. Temporary flooding of the cul-de-sac at Center Way has been a problem in the past during intense rainfall. The cul-de-sac is drained by a single catch basin which is part of a private storm sewer system shared by the two apartment buildings. The concern is with how the townhouse development may contribute to, or cause additional flooding of the roadway. We will have additional analysis of this issue available at the Planning Commission hearing,along with potential solutions for eliminating the existing problem. We cannot agree to resolve this issue without additional information,but can commit to exploring options for eliminating additional impacts from the proposed Project, and for determining potential solutions to the existing problem. Environmental Issues 1. A concern was expressed for wildlife which inhabits the Project site, and for the protection of wildlife during and after construction. Specifically the request was made that the Developer live-trap and relocate wildlife prior to grading and excavation of the site. We believe the Developer will agree to BRWrr A DAMES&MOORE GROUP COMPANY Mr. Scott Kip June 23, 1999 Page 3 meet this request. 2. Some concerns were expressed for how the proposed landscape for the Project integrates with the surrounding natural preserve areas and native vegetation types. We discussed the potential for modifying tree plantings along Anderson Lakes Parkway to incorporate consistent native tree species, to modify the amount of manicured site area, to use native grass and wildflowers between the streets and on-site sidewalk system,to avoid certain"exotic"plant material in favor of native species, and to attempt to recover and re-use on-site plant material such as clumps of sumac. We believe all of these objectives can be met,and can be reviewed by the Association as part of the Design Review process. In general, there were no specific comments on the building designs or exterior materials and architectural expression. The meeting was not intended to serve as the Association's Design Review process, which will still be forthcoming if the Project approvals proceed. A number of the concerns addressed above can be worked out as part of that process. Because the traffic concerns on Anderson Lakes Parkway are a primary concern of the Association and residents, we would like to request that some representative of the City Staff be available and prepared to speak to these issues at the Planning Commission meeting Monday night. It would be helpful if plans for widening the roadway could be discussed, as well as any other possible solutions for mitigating the existing problems. Sincerely, BRW,Inc. Miles Lindberg,ASLA cc: Susan Dickman, General Manager,The Preserve Association Scott Elfstrom, S &H Realty Management Dennis Sutliff,ESG Architects,Inc. /6 'I I, e, v .... k. •N` .. I, t) . .„- tIl ';• %-• C.% -v ‘)"' t k' ' (1 %- •1 Nt .Z' - ‘ . . /%4 '') '• L t) 1k) 'k' . .t..., \ NN 3, s- '\ rsf `•••‘% . • • (kt t \\\ '''L j C.NI L • , ,t) — .., ,.. %-. 1., •A ',S vi.,, (:).' \-- ‘) 4\ IL .:(Z. N .N. -.....t. .Ntk. NI -.... . \ \ ''' \ n - ,•-: * , , v 1 k '-- . • ,. ' -k SI f,' <-N N c‘s k 1"N ' ... 1 ... ---0- „,., ' . ...., ... ,v-'-- .1,,4 .,, v) * ktS . ". ' : 7.' " '.--•.. "•• ci %i % ;*'. e'L. , '4. *." k c:. % S4 .. JUN-14-99 MON 04 :08 PM PRESERVE. ASSOC 612+941 8400 P. 02 II June 14, 1999 ATTENTION: EDEN PRAIRIE PLANNING COMMISSION MEMBERS The Eden Prairie Planning Commission should be aware that The Preserve Association was not approached based on the Covenants of the Design Review Committee for the Preserve for the proposed property development of Lake Place Townhomes by S & H Management Company. At this juncture The Preserve Association Board of Directors could not possibly support any changes to the property. This Board represents 1684 households in the Preserve. The Preserve Board of Directors requests a continuance until July 3 1 n 1999, by which time the Board of Directors and Design Review Committee will meet to evaluate the Lake Place Townhomes Project. cierAdtX Carol Bomben Susan Dickman Preserve Association President General Manager 0 uret,rnt e_s>i /4-7,1eAzi.tfl MA/424 afiv4i/d. Aa4/ / NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING Monday, June 14, 1999 - 7:00 PM City Center - 8080 Mitchell Road Eden Prairie, MN 55344 /0)60 A d-5.41 a Project: Lake Place Townhomes ri .r^r'Q� i,Y 5s 3 Vf Location: Southwest corner of Anderson Lakes Parkway and Center Way(See reverse side for location map) Developer: S & H Realty Management Co., LLP NOTICE: You are invited to attend a public hearing about a proposed 15-unit multi-family development . This is the first of at least two public hearings on this project. The technical request of the City is: • Planned Unit Development Concept Amendement on 2.26 acres to the overall Preserve PUD • Planned Unit Development District Review with waivers on 2.26 acres • Zoning District Change from Rural and RM-2.5 to RM-6.5 on 2.26 acres • Site Plan Review on 2.26 acres WHAT HAPPENS AT THE MEETING: During the meeting, the Planning Commission Chairman will lead the public hearing through the following steps: 1) The Developer will present plans on the project; 2) The Planning Staff will give a report; 3) Residents will be asked for comments; and 4) After receiving all this information, the Commission will discuss the request. If the Planning Commission determines there is adequate information, input, and analysis of the development, they may make a recommendation to the City Council. QUESTIONS OR COMMENTS: If you wish to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you want to talk to someone about the proposed project, please contact Scott Kipp at 949- 8489, the planner on the project. If you choose to submit written comments, it is helpful to submit one copy to the Community Development Department in advance of the meeting. Copies will be provided to the Planning Commissioners in their packets. Notice of this public hearing published in the EDEN PRAIRIE NEWS on June 3, 1999. 8080 Mitchell Road•Eden Prairie,MN 55344-2230 o Telephone(612)949-8300 /9 \\EP FS1\SYS\CITYWIDE\Comm. Dev\Projects\1999\Lake Place Townhomes\PC -Residential Notice 06-14- 99.doc FROM : ELENA DELPIN-LUND SVCS. PHONE NO. : 612 996 0375 Jul. 16 1999 10:13AM P1 EI,ENA DELPIN-I.IIND 9515 Leaftop Circle Eden Prairie, MN 55347 Tel.: (612) 944-7689 Fax: (612) 996-0375 E-mail: elenad@compuserve.com Fax Message DATE: July 16, 1999 TO: Mr. Chris Enger City Manager FROM: Elena Delpin-Lund SUBJECT: Opportunity to speak during July 20th City Council Meeting As a concerned resident of The Preserve in Eden Prairie, I respectfully request the opportunity to speak on the matter of the proposed "Lake Place Townhomes" development which will be brought before the City Council during the meeting scheduled for the evening of July 20t. Both I and Ms. Diane Sands, one of my concerned neighbors, would welcome the chance to voice our views and concerns during this meeting. I thank you in advance for your consideration. Sincerely, L., * 11laltil Elena Delpin-Lund 02© CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Public Hearings SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Michael D. Franzen Spring Hill Suites �• '"�. Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Amendment on 4.12 acres to the overall Town Place PUD; and • Approve 1st Reading of the Ordinance for PUD District Review on 4.12 acres and Zoning District Amendment within the C-Reg-Ser Zoning District on 4.12 acres; and • Adopt the Resolution for Preliminary Plat on 4.12 acres into 2 lots; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis This is a 122-room hotel and a 6,895 square foot restaurant. Background Information There are waivers for parking setback and building height for the hotel. These waivers are consistent with the existing hotel to the west. At the June 14, 1999 meeting, the Planning Commission voted 4-0 to recommend approval of the project to the City Council. Attachments 1. Resolution for PUD Concept Amendment 2. Resolution for Preliminary Plat 3. Staff Report dated June 11, 1999 4. Planning Commission Minutes dated June 14, 1999 STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: June 11, 1999 SUBJECT: Spring Hill Suites and Hops Restaurant APPLICANT: CSM Corporation OWNER: Jim Cochran LOCATION: Leona Road and Den Road, north of Cub Foods REQUEST: 1. Planned Unit Concept Review on 4.12 acres. 2. Planned Unit Development District Review on 4.12 acres. 3. Rezoning from Rural to Commercial Regional Service on 4.12 acres. 4. Site Plan Review on 4.12 acres. i• t,. rz., z ,' ' ?d�� (am) ZA • Y ¢ t `.. • • rt Or oaf.2 (28) � afll' ` .7 t k•>` 'y t `�•h.t '" 41. s16•n ai r ` 7 'T S r 1 : ..'.1-4:t, •:Z' r• I '� f i c_�• y— LECNA v., �ocgTrZra��" �aT >. +1 / /•iii:• /�6v�: ' oaf 6 t$ ,a r.c luo s•n y ;'ser s t (72) •s rot coo rot a, 3 • 'tort ti (22) 11:T i i1 ^ p (16) • LOT S �j �® .. i dt.. m 'dt•.^3•T • sw-.m ,rt 2 ,.n 3 sera srt (25) SUS b= P1ILIIPS 3 1 oaf 1 ••a t V' r_� — ( o) 1 L.rI (+1) tartar 1 to-3 ...71. :m a •;3•,r: l4 x : Q b _ t It,T ;aT 1 m „6 x n�.....� i8i -p'7r„1 56Yp•0 �7 tt t-p'A =J5\ ��/ //,- !Mr• 1aYSY -t7+elYp•7.( 37'•96, •ri•t (19-2°)O,�e°l •�`• '°3� l 2. �''/'. / 'k3••3•at•7 •sal aJ'- a0 ,,• ' = .:j 4573 4 z -1 * • • c-3071:3• �.ss ._0 j Sd0.2Y 7/'t 3 L A. f --p.q0::' e �}4 I , 0.: z: - ... ..: • . • 1,-4 PAO It I 1. ^'�`� •� (v��,[) s•• oat 1 i. • Cg°t • (to) su•,. 1r, It � c}jy svis u,.... 6.1 o r!.a 5•� X'; (y ws 1 4l - •66:A•WI WI 4 4. 4•'a iT^ ram' 1 50.26' xi ya 'rrxa' Staff Report—Spring Hill Suites and Restaurant June 11, 1999 BACKGROUND This site is part of a 10.59 acre 1997 Planned Unit Development called Townplace Suites. This site was approved for a 25,000 sq. ft. retail building and a 6,500 sq. ft. restaurant. The developer wants to amend the plan for a hotel and restaurant. SITE PLAN The site plan shows the construction of a 71,200 sq. ft., 4 story hotel and a 6,895 sq. ft. restaurant. The plan meets the parking requirements. PLANNED UNIT DEVELOPMENT WAIVERS The developer is requesting waivers for hotel floor area ratio from.40 to. 75, hotel height from 40 feet to 61 feet; and hotel side yard setback from 20 feet to 15 feet, and hotel parking setback from 35 feet to 17.5 feet. These floor area and height waivers are consistent with those granted for the Townplace Suites Hotel. The setback waivers are a tradeoff for land dedication of the east pond that will help accommodate the construction of an off ramp from Highway 494. ARCHITECTURE The building meets the 75% face brick, glass and stone requirement. LANDSCAPE PLAN The caliper inch requirement is 187 inches. The PUD tree replacement requirement is 593 inches. The proposed landscape plan meets these requirements. DRAINAGE A NURP pond is shown on the plan. The area designated for Outlot A needs to be revised on the preliminary plat to reflect the area shown on the site and grading plans. Drainage and utility easements will also need to accompany this outlot on the plat. STAFF RECOMMENDATION The staff recommends approval of 2 7 Staff Report—Spring Hill Suites and Restaurant June 11, 1999 • Planned Unit Development Concept Review on 4.12 acres • Planned Unit Development District Review with waivers on 4.12 acres; • Rezoning from Rural to Commercial Regional Service on 4.12 acres; • Site Plan Review on 4.12 acres. Approval is based upon plans dated June 11, 1999, and subject to the recommendations of the Staff Report June 11, 1999, and the following conditions: 1. Prior to City Council review, the Developer shall revise the plans and preliminary plat to reflect the area shown on the site and grading plans, and drainage and utility easements. 2. Prior to building permit issuance, the proponent shall: A. Submit detailed storm water runoff,utility and erosion control plans for review by the Watershed District. B. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer. C. Pay the appropriate cash park fee. D. Meet with the Fire Marshal to go over fire code requirements. E. Submit samples of exterior building materials for review. F. Submit a landscaping and screening bond for review. 3. Prior to grading, the proponent shall notify the City Engineer, Watershed District, and City Forester. Construction fencing to protect existing trees must be in place and approved by the City Forester prior to grading and tree removal. 4. The following waivers are granted as part of the planned unit development: hotel floor area ratio from.40 to. 75, hotel height from 40 feet to 61 feet; and hotel side yard setback from 20 feet to 15 feet, and hotel parking setback from 35 to 17.5 feet. 3 5 SPRING HILL SUITES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF SPRING HILL SUITES FOR CSM LODGING, INC. WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept Review of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on Spring Hill Suites PUD Concept Amendment by CSM Lodging, Inc., considered their request for approval for development and recommended approval of the requests to the City Council; and, WHEREAS,the City Council did consider the request on July 20, 1999; NOW,THEREFORE,BE IT RESOLVED by City Council of Eden Prairie, Minnesota, as follows: 1. Spring Hill Suites,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 Amendment approval as outlined in the plans dated July 13, 1999. 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 14, 1999. ADOPTED by the City Council of the City of Eden Prairie this 20th day of July, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk SPRING HILL SUITES EXHIBIT A Legal Description: Lots 4, 5, 6, 7, 8, 9, 10 Leona Addition Part of Lots 9, 8 Leona 2td Addition Part of Lot 1 Auditor's Subdivision Number 335 7 SPRING HILL SUITES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF SPRING HILL SUITES, CSM LODGING INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the Spring Hill Suites dated July 13, 1999, consisting of 4.12 acres into two lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 20th day of July, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 8 PLANNING COMMISSION MINUTES City of Eden Prairie June 14, 1999 Page 9 E. SPRING HILL SUITES by CSM Lodging. Bruce Johnson, CSM Corporation, reviewed the site plan, stating this will be a four story Marriot and a Hopp's Restaurant????Restaurant. Franzen stated staff recommends approval. MOTION: Lewis moved, seconded by Alexander to close the public hearing. Motion carried 4-0. MOTION: Lewis moved, seconded by Alexander to recommend to the City Council approval of the request of CSM Lodging, Inc. for Planned Unit Development Concept Amendment on 4.12 acres of the overall Town Place PUD, Planned Unit Development District Review with waivers on r ZoningDistrict on 4.12 acres, site 4.12 acres, ZoningDistrict Amendment within the C-Reg-Ser g Plan Review on 4.12 acres, and Preliminary Plat on 4.12 acres on two lots,based on plans dated June 11, 1999, and subject to the recommendations of the Staff Report dated June 11, 1999. Motion carried 4-0. 9 DATE: July 20, 1999 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: SECTION: Public Hearing SERVICE AREA: ITEM DESCRIPTION: Vacation 99-06 Public Works Vacation of Right-of-Way and Drainage and Utility Easements in Technology Engineering Campus Dave Olson Requested Action Move to: 1. Close the public hearing 2. Adopt the resolution vacating the right-of-way and drainage and utility easements as described in the resolution. Synopsis The property owner has requested this vacation to remove underlying right-of-way and easements from the property to enable replatting to Technology Campus 3rd Addition. All needed right-of- way and easement dedications will be provided in the replat. Attachments Vacation drawings CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENTS IN TECHNOLOGY CAMPUS WHEREAS, the City of Eden Prairie has certain right-of-way and drainage and utility easements described as follows: Right-of-Way Campus Boulevard as platted in Technology Campus, Hennepin County, Minnesota. Easements The vacation of all the drainage and utility easements for Lot 1, Block 2 as shown on the plat of Technology Campus, Hennepin County, Minnesota, and The vacation of all the drainage and utility easements for Lot 1, Block 3 as shown on the plat of Technology Campus, Hennepin County, Minnesota. WHEREAS, a public hearing was held on July 20, 1999 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, it has been determined that the said right-of-way and drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way and drainage and utility easements as above described 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 July 20, 1999. Jean L. Harris, Mayor ATTEST SEAL Kathleen A. Porta, City Clerk TECHNOLOGY CAMPUS 3RD ADDITION PRELIMINARY PLAT -- , a_ E _ — L I Fri F I � a I G: 1 I` , r' �- "6 0 0 1 ( [ v t,. \vvc°; ,°riles ,•, - , 1 f I I' I) h• r> i m ss' _, rn . r+a -\ �I r i%a rslv�° � e°` .a y .> 'A, I �\' s //{ls/`,fs�� '1 �h 1 I , p • or- \ , 7 \ 4sS4,.,�/ 1 �j� IF crraoGY� f--� ` \ / \= = . , I .ir i ., -- \Iz � �t , 'J'TM! /as Q \ `\\\::::,,: \,, (I I lECHNOLOGY DRIVE N1Y,aOCT aeM - ` w°iI` I I "'�� %' �_ ° ' ✓ V4a• ::\ , . h' uu -q% "7 2, -' ..,,,,I.,, ,,„� 1 • LOT -1 w '�a I ... .... h BLOCK \ ' j I I \ I• 1'7 AA� I .I `1 / I Y tt) ° h I, 1 • 1 i ICI w - r- a' \Uv �d - r9X; ��• I i ski I;,:I�'"�". ...m. APIDPFSON LADS PARKWAY - ( ,ace Ap ,,„is', t 1_ uP°n'w"�ra�r 103ur a v�» K.. ' _ez-=` I=== tel:_ �{DER9QIIN�SPAI2CYWY ti_ • II '.y....'.cwr s • i °a aS I CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims July20, 1999 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 76818 to 77394 Background Information Attachments COUNCIL CHECK SUMMARY 13-JUL-1999 (15:38) DIVISION TOTAL N/A $1.17 LEGISLATIVE $704.06 LEGAL COUNSEL $12,342.22 GENERAL SERVICES $11,617.35 EMPLOYEE BENEFITS $6,059.35 INFORMATION TECHNOLOGY $45.00 CITY MANAGER $158.00 FINANCE $1,584.56 HUMAN RESOURCES $927.05 COMMUNITY SERV $4,097.71 RISK MANAGEMENT/CUSTOMER SERVI $3,847.53 WIRELESS COMMUNICATION $7,070.12 ENGINEERING $6.70 INSPECTIONS $6.00 FACILITIES $3,185.01 ASSESSING $120.72 CIVIL DEFENSE $1,555.78 POLICE $10,193.72 FIRE $4,269.48 STREETS/TRAFFIC $28,428.83 PARK MAINTENANCE $22,420.56 PARKS CAPITAL OUTLAY $5,809.58 STREET LIGHTING $49,951.28 FLEET SERVICES $16,735.58 ORGANIZED ATHLETICS $4,892.65 COMMUNITY DEV $1,345.00 COMMUNITY CENTER $27,077.35 HISTORICAL $1,585.00 YOUTH RECREATION $13,562.20 SPECIAL EVENTS $27,387.07 ADULT RECREATION $957.91 RECREATION ADMIN $53.68 ADAPTIVE REC $2,621.83 OAK POINT POOL $433.75 ARTS $3,034.81 PARK FACILITIES $2,329.51 PUBLIC IMPROV PROJ $87,780.61 DEBT SERVICE PAYMENTS $1,875.00 EMPLOYEE PAYROLL DEDUCTIONS $4,268.02 CITY CENTER $670.96 SPECIAL REVENUE FUNDS $6,311.26 PRAIRIE VILLAGE $65,851.77 PRAIRIEVIEW $64,610.57 CUB FOODS $110,512.91 TRUST FUNDS $111,330.61 WATER DEPT $133,351.59 SEWER DEPT $171,935.13 STORM DRAINAGE $7,855.30 AGENCY FUNDS $264,833.84 $1,307,605.69* COUNCIL CHECK REGISTER 13-JUL-1999 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM . 76818 $111.00 ADVANTAGE CAR RENTAL SCHOOLS POLICE 76819 $30.00 AERIAL COMMUNICATIONS PROFESSIONAL SERVICES POLICE 76820 $45.00 BORTH, MARGO ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 76821 $750.00 BUREAU OF ALCOHOL TOBACCO AND LICENSES & TAXES LIQUOR STORE CUB FOODS 76822 $125.00 CARLSON, DANIEL SCHOOLS POLICE 76823 $521.10 CELEBRATION GIFTS OPERATING SUPPLIES-GENERAL POLICE 76824 $200.00 CIGNA STARING LAKE BUILDING RENTAL PARK FACILITIES 76825 $140.00 CODE ADMINISTRATION & INSPECTI REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 76826 $35.00 DARDICK, KATHY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 76827 $35.00 DEVRIES, KIMBERLY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP , 76828 $10,656.45 DON RIHN TRANSPORT OTHER CONTRACTED SERVICES WATER TREATMENT PLANT /6829 $26.00 DURDA, JULIE LESSONS/CLASSES OAK POINT LESSONS 76830 $33.23 GLENROSE FLORAL AND GIFT SHOPS EMPLOYEE AWARD HUMAN RESOURCES 76831 $292.30 GOLD COUNTRY INC SIGNATURE CON CLOTHING & UNIFORMS STARING LAKE CONCERT 76832 $52.50 GOPHER STATE ONE-CALL INC OTHER CONTRACTED SERVICES WATER SYSTEM MAINTENANCE 768,33 $90.00 GORSKI, SUSAN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 76834 $30.69 HELLING, LAURIE MILEAGE AND PARKING RECREATION ADMIN 76835 $75.00 HENNEPIN COUNTY TREASURER PROFESSIONAL SERVICES POLICE 76836 $1,275.00 HENNEPIN COUNTY TREASURER - AC BOARD OF PRISONERS SVC POLICE 76837 $45.00 HYSJULLEN, TRACEY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 76838 $60.00 IKON OFFICE SOLUTIONS* CONTRACTED REPAIR & MAINT GENERAL 76839 $32.00 JOHNSON, WENDY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 76840 $80.00 JUOLA, JESSIE ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP 76841 $110.00 KORDUCKI, JOYCE ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON ADVENTURE 76843 $3,328.00 MINNEGASCO PROFESSIONAL SERVICES 1998 REHAB PROGRAM 76844 $26.00 MOULDER, SUE LESSONS/CLASSES OAK POINT LESSONS 76845 $215.00 NATIONAL RECREATION AND PARK A DUES & SUBSCRIPTIONS IN SERVICE TRAINING 76846 $26.00 NEWBAUER, ANNE ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS 76847 $44.00 NIENABER, DAVID & TAMMY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 76848 $11,406.04 NORTHERN STATES POWER CO ELECTRIC EPCC MAINTENANCE 76849 $449.73 NORWEST BANKS BANK CHGS & S/C FINANCE DEPT 76850 $49.99 OLSON, ROBERT CLOTHING & UNIFORMS POLICE 76851 $735.18 PITNEY BOWES RENTALS GENERAL 76852 $200.00 PRAIRIE LUTHERAN CHURCH STARING LAKE BUILDING RENTAL PARK FACILITIES 76853 $42.00 REACH, DAVID ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 76854 $45.00 SAMSON, KATHERINE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 76855 $271.58 STEVE LUCAS PHOTOGRAPHY PHOTO SUPPLIES POLICE 76856 $716.72 SUMMERFIELD SUITES HOTEL SCHOOLS POLICE 76857 $100.00 SWANSON, PAUL OTHER CONTRACTED SERVICES ADAPTIVE INTEGRATED 76858 $52.00 TOMLINSON, TERRI LESSONS/CLASSES POOL LESSONS 76859 $45.00 WAGNER, DIANE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 76860 $35.00 WENTZEL, CATHLEEN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 76861 $29.00 WENZEL, PATTY LESSONS/CLASSES OAK POINT LESSONS 76862 $741.50 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 76863 $9,008.61 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 76865 $97.65 NORTH STAR ICE MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 76866 $2,574.90 PAUSTIS & SONS COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 76868 $5,585.80 PHILLIPS WINE AND SPIRTS INC WINE IMPORTED PRAIRE VIEW LIQUOR #3 76870 $7,247.90 QUALITY WINE & SPIRTS CO WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 76872 $24.16 A TO Z RENTAL CENTER EQUIPMENT RENTAL STREET MAINTENANCE 76873 $362.10 BANNERS TO BULLSEYES INC ADVERTISING JULY 4TH CELEBRATION 76874 $137.50 EDEN PRAIRIE SCHOOL DISTRICT N GYM RENTAL ADAPTIVE RECREATION 76875 $123.45 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS GENERAL BUILDING FACILITIES 76876 $736.54 GREAT RIVER ENERGY OPERATING SUPPLIES-GENERAL FINANCE DEPT 76877 $120.00 HAAGE, DENISE OTHER CONTRACTED SERVICES ACCESSIBILITY 3 COUNCIL CHECK REGISTER 13-JUL-1999 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 76878 $34.00 ICMA DUES & SUBSCRIPTIONS HUMAN RESOURCES 76879 $603.77 INTERNAL REVENUE SERVICE CENTE LICENSES & TAXES BENEFITS 76880 $13.37 PARAGON CABLE CABLE TV GENERAL 76881 $168.45 PETTY CASH SPECIAL EVENTS FEES TEEN WORK PROGRAM 76882 $200.00 ROSE, GINA OTHER CONTRACTED SERVICES ACCESSIBILITY 76883 $250.00 SAMUEL FRENCH INC OPERATING SUPPLIES-GENERAL ARTS 76884 $20.00 SCHEWE, BERYL SCHOOLS FITNESS CLASSES 76885 $17,628.88 TOTAL REGISTER COMPUTERS PRAIRIE VILLAGE LIQUOR #1 76886 $223.91 US POSTMASTER - HOPKINS POSTAGE SENIOR CENTER PROGRAM ' 76887 $64.34 US WEST COMMUNICATIONS TELEPHONE FIRE 76888 $322.63 BANDEMER, LISA OPERATING SUPPLIES-GENERAL WINTER THEATRE 76889 $84.93 BROADWAY AWARDS AWARDS SUMMER SAFETY CAMP 76890 $640.94 CARD SERVICES-BUSINESS CARD TRAVEL COUNCIL 76891 $948.45 CENTRAIRE INC CONTRACTED BLDG MAINT PRAIRE VIEW LIQUOR #3 76892 $58.51 CIRCUS PIZZA SPECIAL EVENTS FEES SPECIAL EVENTS/TRIPS 76893 $413.00 CITY AND COUNTY CREDIT UNION SPECIAL EVENTS FEES TEEN WORK PROGRAM 76894 $566.75 CLAREY, AARON INSTRUCTOR SERVICE SPRING SKILL DEVELOP 76895 $500.00 COLLINS PRODUCTIONS OTHER CONTRACTED SERVICES STARING LAKE CONCERT 76896 $236.00 DIAMOND T RANCH OTHER CONTRACTED SERVICES SPECIAL EVENTS/TRIPS 76897 $5,464.81 DURAND AND ASSOCIATES OTHER CONTRACTED SERVICES PRAIRIE VILLAGE LIQUOR #1 76898 $300.00 DURKHOPF, CLARK OTHER CONTRACTED SERVICES WINTER THEATRE 76899 $7.50 EDEN PRAIRIE SENIOR CTR OPERATING SUPPLIES-GENERAL STARING LAKE CONCERT 76900 $650.00 ERICKSON, RICHARD OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 76901 $33.28 GEIS, ROB OPERATING SUPPLIES-GENERAL SUMMER SAFETY CAMP 76902 $65,752.00 GHT CONSTRUCTION INC IMPROVEMENT CONTRACTS DESIGN WELL 13 & WELL COLLECTO 76903 $250.00 GILBERTSON, BRIAN W OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 76904 $2,141.90 GOLD COUNTRY INC SIGNATURE CON CLOTHING & UNIFORMS AFTERNOON PLAYGROUND 76905 $64.99 GRIFFITH, BRENT CLOTHING & UNIFORMS POLICE 76906 $2,500.00 HTM OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 76907 $379.75 ITL PATCH CO INC AWARDS SUMMER SAFETY CAMP '76908 $93.36 KOHNEN, WENDY RESERVE EQUIPMENT POLICE 76909 $2,490.20 LAKE COUNTRY DOOR PROFESSIONAL SERVICES EPCC MAINTENANCE 76910 $250.00 MAGUIRE, CHARLIE OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 76911 $9,109.28 MASSACHUSETTS MUTUAL LIFE INSU INSURANCE PRAIRE VIEW LIQUOR #3 76912 $20,000.00 MELROSE PYROTECHNICS INC OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 76913 $170,929.66 METROPOLITAN COUNCIL ENVIRONME WASTE DISPOSAL SEWER UTILITY-GENERAL 76914 $8.50 MINNESOTA DEPARTMENT OF PUBLIC OPERATING SUPPLIES-GENERAL EQUIPMENT MAINTENANCE 76915 $450.00 MINNESOTA ORCHESTRAL ASSOCIATI SPECIAL EVENTS FEES ADULT PROGRAM 76916 $739.60 NILSSON, BETH HOSES & NOZZLES ICE ARENA 76917 $58,417.73 NORTHERN STATES POWER CO ELECTRIC PRAIRIE VILLAGE LIQUOR #1 76918 $102,978.60 NORWEST BANK DEPOSITS ESCROW 76919 $750.00 ROBERTS, CHASE OTHER CONTRACTED SERVICES ADAPTIVE INTEGRATED 76920 $450.00 ROBICHONS THE IN-LINE SKATE SC INSTRUCTOR SERVICE SUMMER SAFETY CAMP 76921 $122.50 ROCKLER, CAROL INSTRUCTOR SERVICE SPRING SKILL DEVELOP 76922 $250.00 RUSH, GREG INSTRUCTOR SERVICE SUMMER SAFETY CAMP 76923 $40.00 STARK, EMMETT OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 76924 $165.00 SUPER JUMP EQUIPMENT RENTAL JULY 4TH CELEBRATION 76925 $4,905.43 US WEST COMMUNICATIONS TELEPHONE WATER UTILITY-GENERAL 76926 $350.00 WALBRIDGE, DAVID OTHER CONTRACTED SERVICES JULY 4TH CELEBRATION 76927 $279.70 ALL SAINTS BRANDS DISTRIBUTING MISC TAXABLE LIQUOR STORE CUB FOODS 76928 • $49.44 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 7,6929. $1,106.00 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 76930 $685.25 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRE VIEW LIQUOR #3 76931 $6,097.60 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 76932 $2,628.72 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 1 COUNCIL CHECK REGISTER 13-JUL-1999 (15 • CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 76933 $12,186.40 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 76934 $202.00 GRAND PERE WINES INC WINE DOMESTIC LIQUOR STORE CUB FOODS 76935 $12,690.77 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 76937 $1,101.74 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC LIQUOR STORE CUB FOODS 76939 $1,250.86 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 76940. $6,538.65 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS 76941 $387.93 NORTH STAR ICE MISC TAXABLE PRAIRE VIEW LIQUOR #3 76942 $550.18 PHILLIPS WINE AND SPIRTS INC WINE IMPORTED PRAIRE VIEW LIQUOR #3 76943 $650.50 PINNACLE DISTRIBUTING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 76944 $1,955.30 PRIOR WINE COMPANY WINE DOMESTIC LIQUOR STORE CUB FOODS *76945 $526.28 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 76946 $13.14 STAR TRIBUNE MISC TAXABLE PRAIRE VIEW LIQUOR #3 76947 $14,362.80 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 76948 $55.17 TOTAL REGISTER OPERATING SUPPLIES-GENERAL LIQUOR STORE CUB FOODS 76949 $632.76 WINE COMPANY, THE WINE IMPORTED LIQUOR STORE CUB FOODS 76955 $1,236.88 MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD FD 10 ORG 76956 $4,462.73 PRUDENTIAL HEALTHCARE GROUP LIFE EMPLOYERS SHARE BENEFITS 76957 $2,522.17 CANADA LIFE ASSURANCE COMPANY DISABILITY IN EMPLOYERS FD 10 ORG 76958 $55.00 NCTRC RECERTIFICATION-CARLA KRESS IN SERVICE TRAINING 76959 $280.00 I.A.A.T.I. DEARBORN 47TH SEM-BOB OLSON POLICE 76962 $82.90 AMERIPRIDE LINEN & APPAREL SER REPAIR & MAINT SUPPLIES PRAIRE VIEW LIQUOR #3 76963 $357.00 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 LIQUOR STORE CUB FOODS 76964 $8,309.60 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 76965 $698.00 GRAPE BEGINNINGS WINE DOMESTIC LIQUOR STORE CUB FOODS 76966 $11,822.28 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 76968 $117.45 NORTH STAR ICE TOBACCO PRODUCTS PRAIRE VIEW LIQUOR #3 76969 $10,420.12 PHILLIPS WINE AND SPIRTS INC MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 76971 $3,445.89 QUALITY WINE & SPIRTS CO WINE IMPORTED PRAIRE VIEW LIQUOR #3 76973 $1,131.47 WINE MERCHANTS INC WINE DOMESTIC LIQUOR STORE CUB FOODS 76974 $240.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 76975 $1,715.30 ARCH PAGING COMMUNICATIONS WIRELESS COMMUNICATION 76976 $300.00 ASSN/BACVA HOUSING BUREAU CONFERENCE IN SERVICE TRAINING 76977 $114.02 BAN-KOE SYSTEMS INC OPERATING SUPPLIES-GENERAL COMMUNITY CENTER ADMIN 76978 $493.75 CHAD NESTOR ILLUSTRATION & DES PRINTING COMMUNITY SERVICES 76979 $149.57 CONLEY, JOYCE SCHOOLS POLICE 76980 $319.00 TIE COMMUNICATIONS INC TELEPHONE GENERAL 76981 $150.00 FIREHOUSE EXPO CONFERENCE IN SERVICE TRAINING . 76982 $50.00 GOVERNMENT FINANCE OFFICERS AS DUES & SUBSCRIPTIONS IN SERVICE TRAINING 76983 $525.00 HONKERS AWAY OTHER CONTRACTED SERVICES ROUND LAKE '76984 $1,327.39 HUTTER, MICHAEL SCHOOLS IN SERVICE TRAINING 76985 $172.33 KRESS, CARLA MILEAGE AND PARKING ADAPTIVE RECREATION 76986 $78.12 LANENBERG, CYNTHIA MILEAGE AND PARKING FIRE 76987 $20.00 LEO DUES & SUBSCRIPTIONS POLICE 76988 $116.50 MANN, TRIA MILEAGE AND PARKING ARTS 76989 $20.00 MINNESOTA PRIMA MISCELLANEOUS SAFETY 76990 $730.00 MRPA CONFERENCE IN SERVICE TRAINING 76991 $1,752.24 NILSSON, BETH HOSES & NOZZLES ICE ARENA 76992 $12,925.27 NORTHERN STATES POWER CO ELECTRIC TRAFFIC SIGNALS 76995 $137.51 PAPER WAREHOUSE OPERATING SUPPLIES-GENERAL FIRE 76996 $11.13 PARAGON CABLE CABLE TV GENERAL 76997 $110.77 PETTY CASH-POLICE DEPT POSTAGE GENERAL 76998 $136.00 PHONES PLUS. . .HEADSETS TELEPHONE GENERAL 76999 $12.62 QUALITY WASTE CONTROL INC WASTE DISPOSAL POLICE STATION 77000 $23.88 QUICKSILVER EXPRESS COURIER POSTAGE GENERAL 77001 $47.43 SCHEPERS, JACK MILEAGE AND PARKING LIQUOR STORE CUB FOODS 5. COUNCIL CHECK REGISTER 13-JUL-1999 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 77002 $64.00 SHEAHAN, MICHELLE CLOTHING & UNIFORMS POLICE 77003 $24.36 SHOLD, KARA TELEPHONE GENERAL 77004 $330.00 UNIVERSITY OF MINNESOTA CONFERENCE IN SERVICE TRAINING 77005 $374.00 UNIVERSITY OF MINNESOTA CONFERENCE IN SERVICE TRAINING 77006 $57.00 ANDREWS, JULIE ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77007 $75.00 BENSON, EARL OTHER CONTRACTED SERVICES ADAPTIVE INTEGRATED 77008 $479.70 BUTCHER-YOUGHANS, SHERRY TRAVEL COUNCIL 77009 $11.00 DEGNER, JEANETTE SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 77010 $42.00 DESANCTIS, TERRY ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77011 $25.00 DUFFY, SANDY ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77012 $187.62 EASTBURN, EMILY SCHOOLS POLICE 77013 $42.00 GRADY, SUSAN ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77014 $57.00 KODET, CATHY ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77015 $11.00 LINDEN, ROSE SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 77016 $84.00 LINDHOLM, JULIE ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77017 $42.00 LINDSEY, TERRIE ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77018 $11.00 MCGRATH, PEGGY SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 77019 $84.00 MIKLALA, DEBRA ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77020 $42.00 POWERS, SUSAN ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77021 $25.00 SCHULTZ, KATHRYN ICE SHOW ICE SHOW 77022 $1,025.00 THUNDER COMMUNICATIONS OTHER CONTRACTED SERVICES SENIOR WEB SITE 77023 $42.00 WEBER, MARK ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77024 $11.00 YOUNG, MARJORIE SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 77025 $1,524.38 ZIEGLER INC CONTRACTED REPAIR & MAINT CIVIL DEFENSE 77026 $2,510.70 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 77027 $7,792.43 EAGLE WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 77028 $91.00 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 77029 $13,096.42 GRIGGS COOPER & CO MISC NON-TAXABLE PRAIRIE VILLAGE LIQUOR #1 77031 $1,604.78 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 77032 $7,519.65 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS 77033 $183.00 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 77034 $2,566.68 PRIOR WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 77035 $89.90 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 77036 $9,467.70 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 77037 $60.00 ADAMS, SALLY LESSONS/CLASSES ICE ARENA 77038 $841.59 AIM ELECTRONICS REPAIR & MAINT SUPPLIES ICE ARENA 77039 $29.00 BECKER, REBECCA LESSONS/CLASSES OAK POINT LESSONS 77040 $58.00 BERMAN, COLLEEN LESSONS/CLASSES OAK POINT LESSONS 77041 $70.00 BLICHFIELD, JEANNE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77042 $50.00 BLUM, LYNNE ADULT/YOUTH/OUTDOOR CTR PROG YOUTH ATHLETICS 77043 $100.00 BRAND, JOHN ORGANIZED ATHLETICS FEES ICE ARENA 77044 $112.00 BROADWAY AWARDS OPERATING SUPPLIES-GENERAL ICE ARENA 77045 $5.00 BRUST, BETTY ADULT/YOUTH/OUTDOOR CTR PROG ADAPTIVE RECREATION 77046 $25.00 BUSCH, BRIAN ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77047 $30.00 CAIRNCROSS, ANNE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77048 $26.00 CALDWELL, BETH LESSONS/CLASSES POOL LESSONS 77049 $44.50 CASEY, CARYN ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND 77050 $60.00 COMERFORD, HOLLY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77051 $28.00 COMPOSTO, WENDY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77052 $200.00 DAYTON HUDSON CORPORATION FACILITIES RENTAL OUTDOOR CTR PROGRAM 77053 $30.00 DONOVAN, SUE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77054 $25.00 DUFFY, SANDY ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77055 $30.00 DUNHAM, ELIZABETH ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SAFETY CAMP .' 77056 $25.00 ERICKSON, JILL ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77057 $29.00 ERNST, SUSAN LESSONS/CLASSES POOL LESSONS 6 COUNCIL'CHECK REGISTER 13-JUL-1999 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 77058 $36.00 FERBER, JOANN ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS 77059 $40.00 FLOERSCH, DARSI ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL EVENTS 77060 $29.00 FRAZIER, PATRICIA LESSONS/CLASSES POOL LESSONS 77061 $2.75 GARENS, GINA LESSONS/CLASSES OAK POINT LESSONS II 77062 $38.92 GEIS, ROB OPERATING SUPPLIES-GENERAL SUMMER SAFETY CAMP 77063 $13.00 GIULIANI, CAROL ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND 77064 $44.00 GOODENOUGH, JUDITH ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND 77065 $28.00 HAMILTON, GWEN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77066 $30.00 HART, MARY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77067 $12.50 HEMSTOCK, LAURIE ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND ,77068 $29.00 HENDERSON, CATHY LESSONS/CLASSES POOL LESSONS 77069 $40.00 HOFFART, ALIN LESSONS/CLASSES OAK POINT LESSONS 77070 $58.00 HURST, MAURICE LESSONS/CLASSES POOL LESSONS 77071 $70.00 HYSJULLEN, TRACEY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77072 , $30.00 KELLY, JANE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77073 $25.00 KIM, JEAN ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77074 $28.00 LINEHAN, CORI ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77075 $35.00 LUECKE, TONA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77076 $17.12 LUNDELL, KAREN LESSONS/CLASSES POOL LESSONS 77077 $29.00 MCKINLEY, MARGIE LESSONS/CLASSES POOL LESSONS 77078 $26.00 MELTER, TRISTEN ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND 77079 $48.00 MOORE, LOIS ADULT/YOUTH/OUTDOOR CTR PROG DRAMA CAMP 77080 $26.00 MOULDER, SUE LESSONS/CLASSES OAK POINT LESSONS 77081 $29.00 NGUYEN, HANG LESSONS/CLASSES OAK POINT LESSONS 77082 $29.00 NGUYEN, VIET LESSONS/CLASSES OAK POINT LESSONS 77083 $45.00 PETERSON, KIMBERLY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77084 $160.00 PETERSON, MARIAN LESSONS/CLASSES POOL LESSONS 77085 $48.00 POLEJEWSKI, LUANN LESSONS/CLASSES ICE ARENA 77086 $45.00 PUGLIESE, NICOLE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77087 $29.00 QUINN, DIXIE LESSONS/CLASSES OAK POINT LESSONS 77088 $26.00 RADEMAKER, LORI LESSONS/CLASSES OAK POINT LESSONS 77089 $25.24 RASMUSSEN, LISA REC EQUIP & SUPPLIES YOUTH TENNIS 77090.. $87.00 ROUSE, SUSAN LESSONS/CLASSES POOL LESSONS 77091 $29.00 ROWEKAMP, JODY LESSONS/CLASSES OAK POINT LESSONS 77092 $26.17 RUEMMELE, KATHY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP "77093 $980.71 SOUTHWEST SUBURBAN PUBLISHING- LEGAL NOTICES PUBLISHING GENERAL 77094 $25.00 STEPHENS, SHARON ADULT/YOUTH/OUTDOOR CTR PROG OUTDOOR CTR PROGRAM 77095 $42.00 STRELNIEKS, BECKY LESSONS/CLASSES ICE ARENA 77096 $32.00 STUCKEL, BARBARA LESSONS/CLASSES POOL LESSONS 77097 $29.00 TE, SOTHIRA LESSONS/CLASSES POOL LESSONS 77098 $87.00 TOMLINSON, TERRI LESSONS/CLASSES POOL LESSONS 77099 $29.00 TRANTINA, BILL LESSONS/CLASSES OAK POINT LESSONS 77100 $109.84 US WEST COMMUNICATIONS TELEPHONE HOMEWARD HILLS PARK 77101 $70.00 VINUP, CAROLYN ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77102 $26.00 VUONG, HANY LESSONS/CLASSES OAK POINT LESSONS 77103 $29.00 WALKER, LORRAINE LESSONS/CLASSES POOL LESSONS 77104 $30.00 WILLEY, JENNIFER LESSONS/CLASSES ICE ARENA •77105 $30.00 WILMOTH, STEPHANIE LESSONS/CLASSES ICE ARENA 77106 $58.00 WISSMAN, MARY CLAIR LESSONS/CLASSES POOL LESSONS 77107 $28.00 YUFFA, JOSEPH ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77108 $150.00 CIRCUS PIZZA SPECIAL EVENTS FEES TEEN WORK PROGRAM 77109 $150.00 GRAND SLAM SPORTS & ENTERTAINM SPECIAL EVENTS FEES TEEN WORK PROGRAM 77110 $49.44 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 77111 $1,770.96 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 77113 $2,609.20 DAY DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS COUNCIL CHECK REGISTER 13-JUL-1999 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 77114 $995.46 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 77115 $1,471.96 GRIGGS COOPER & CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 77116 $9,137.09 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC LIQUOR STORE CUB FOODS 77117 $2,475.05 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 77118 $268.70 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRE VIEW LIQUOR #3 77119 $405.90 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 77120 $236.25 PEPSI COLA COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS 77121 $2,964.24 PHILLIPS WINE AND SPIRTS INC WINE DOMESTIC LIQUOR STORE CUB FOODS 77123 $1,741.13 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 77124 $4,351.97 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 77125 $387.00 WORLD CLASS WINES INC WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 77126 $1,754.84 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL 77127 $79.49 AT&T TELEPHONE WATER UTILITY-GENERAL 77128 $5,600.93 BRW INC DEPOSITS ESCROW 77129 $5,809.58 CARLSON TRACTOR AND EQUIPMENT OTHER EQUIPMENT CAPITAL OUTLAY-PARK 77130 $13,651.12 COLUMBINE TOWNHOME LP PERMANENT TRANSFER COLUMBINE RD TIF PROJECT 77131 $5,000.00 DEANOVIC, JAMES DEPOSITS ESCROW 77132 $24.21 DNR LICENSES & TAXES WATER UTILITY-GENERAL 77133 $559.12 DON'S SOD SERVICE LANDSCAPE MTLS & AG SUPPL STARING LAKE 77134 $34,314.18 ELIM MANAGEMENT SERVICE INTEREST SUBSIDY TIF PV & ELIM 77135 $60.00 ERICSON, CYNTHIA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77136 $1,200.26 EULL'S MANUFACTURING CO INC REPAIR & MAINT SUPPLIES STORM DRAINAGE 77137 $35.97 FRETHEM, CRAIG TRANSPORTATION SUMMER THEATRE 77138 $6,877.88 HENNEPIN COUNTY TREASURER INTEREST SUBSIDY TIF PV & ELIM 77139 $61.99 HUTTER, MICHAEL TRAVEL IN SERVICE TRAINING 77140 $199.16 IOS CAPITAL RENTALS FIRE 77141 $400.00 MINNESOTA DEPT OF COMMERCE PROFESSIONAL SERVICES POLICE 77142 $541.31 MINNESOTA VALLEY ELECTRIC COOP ELECTRIC STORMWATER LIFTSTATION 77143 $1,031.00 MSP TRAVEL GROUP TRAVEL FIRE 77144 $375.00 NATIONAL RECREATION AND PARK A DUES & SUBSCRIPTIONS IN SERVICE TRAINING 77145 $2,573.79 NORTHERN STATES POWER CO ELECTRIC ROUND LAKE 77146 $500.00 NRITYA HYOTI DANCE THEATRE OTHER CONTRACTED SERVICES STARING LAKE CONCERT 77147 $4.25 OLSON, KEITH CONTRACTED REPAIR & MAINT FIRE 77148 $149.10 PRAIRIE EQUIPMENT COMPANY REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 77149 $236.04 RASMUSSEN, LISA REC EQUIP & SUPPLIES YOUTH TENNIS 77150 $151,254.31 SOUTHWEST METRO TRANSIT DEPOSITS ESCROW 77151 $1,110.20 SOUTHWEST SUBURBAN PUBLISHING- ADVERTISING STARING LAKE CONCERT 77152 $400.00 STATE FIRE MARSHAL DIVISION FIRE PREVENTION SUPPLIES FIRE 77153 $52,279.12 THEIS & TALLE MANAGEMENT INC INTEREST SUBSIDY TIF PV & ELIM 77154 $78.00 USTA REC EQUIP & SUPPLIES YOUTH TENNIS 77155 $170.00 USTA REC EQUIP & SUPPLIES YOUTH TENNIS 77156 $1,585.00 ANDERSON, ROLF T OTHER CONTRACTED SERVICES HERITAGE PRESERVATION 77157 $365.48 ANDON INC OPERATING SUPPLIES-GENERAL JULY 4TH CELEBRATION 77158 $42.00 BALLARD, CHERYL ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77159 $55.00 BARRETO, KAREN ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON ADVENTURE 77160 $12.50 BICKFORD, TAWNDA ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND 77161 $165.00 BUSS, JOYCE ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON ADVENTURE 77162 $133.50 CHRISTENSON, LAINE ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND 77163 $86.30 CORPORATE EXPRESS OFFICE SUPPLIES POLICE 77164 $173.60 CRACAUER, CLIFF MILEAGE AND PARKING EQUIPMENT MAINTENANCE 77165 $52.00 DEVORE, SHELLY ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON ADVENTURE 77166 $42.00 DREW, JULIE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77167 $42.00 EBELING, GREG ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77168 $50.00 GARTON, RAPHAELA ADULT/YOUTH/OUTDOOR CTR PROG YOUTH ATHLETICS 77169 $60.00 GOODMAN, MARILYN ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND COUNCIL CHECK REGISTER 13-JUL-1999 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 77170 $41.00 GOODRICH, JANET ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND 77171 $80.00 HARZAN, CHRISTIE ADULT/YOUTH/OUTDOOR CTR PROG DAY CAMP 771/2 $48.00 HATHAWAY, DAWN ADULT/YOUTH/OUTDOOR CTR PROG ARTS CAMP 77173 $45.00 HO, LAN ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS 77174 $60.00 INVER HILLS COMMUNITY COLLEGE EMPLOYEE AWARD HUMAN RESOURCES 77175 $1,817.00 J A PRICE AGENCY INC INSURANCE SAFETY 77176 $27.00 JOHNSON, MARYANNE ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS 77177 $30.00 KELLY, JANE ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP . 77178 $12,667.22 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE LEGAL COUSEL 77179 $70.00 LEWIS, LISA ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77180 $500.00 MAASS, SUSAN L OTHER CONTRACTED SERVICES ADAPTIVE INTEGRATED 77181 $41.00 NELSON, JANET ADULT/YOUTH/OUTDOOR CTR PROG PRESCHOOL PLAYGROUND 77182 $2,330.43 NORTHERN STATES POWER CO ELECTRIC WATER WELL #6 77183 $1,875.00 NORWEST BANK MN N.A. PAYING AGENT B & PAYMENTS 77184 $144.00 OBERLE, KAREN TOLLISON OTHER CONTRACTED SERVICES VOLLEYBALL 77185 $100.00 ORMAN, MIKE VIOLATION FEES ICE ARENA 77186 $1,538.40 ROBICHONS THE IN-LINE SKATE SC INSTRUCTOR SERVICE SPRING SKILL DEVELOP 77187 $42.00 ROWLAND, JODY ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77188 $32.00 ROY, BARB ADULT/YOUTH/OUTDOOR CTR PROG SUMMER SKILL DEVELOP 77189 $55.00 STENDER, KIM ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON ADVENTURE 77190 $26.00 SZARZYNSKI, GAIL ADULT/YOUTH/OUTDOOR CTR PROG AFTERNOON PLAYGROUND 77191 $17.00 TERRANCE, JILL ADULT/YOUTH/OUTDOOR CTR PROG YOUTH TENNIS 77192 $77.00 THOMPSON, MARGARET ADULT/YOUTH/OUTDOOR CTR PROG SPORTS/SPECIAL CAMPS 77193 $500.00 TWIN CITIES BUDDHIAST ASSOCIAT OTHER CONTRACTED SERVICES ADAPTIVE INTEGRATED 77194 $284.85 US WEST COMMUNICATIONS TELEPHONE LIQUOR STORE CUB FOODS 77195 $175.00 US WEST COMMUNICATIONS TELEPHONE POLICE 77196 $849.62 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 77197 $209.50 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 77198 $56.70 NORTH STAR ICE MISC TAXABLE PRAIRE VIEW LIQUOR #3 77199 $1,928.80 PAUSTIS & SONS COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 77200 $2,724.47 PHILLIPS WINE AND SPIRTS INC WINE DOMESTIC PRAIRE VIEW LIQUOR #3 77201 $22.50 ALAN SHILEPSKY CONSULTING INC OTHER CONTRACTED SERVICES EQUIPMENT MAINTENANCE 77202 $150.00 FBINAA NORTHWEST CHAPTER SCHOOLS POLICE 77203 $704.47 GE CAPITAL RENTALS GENERAL 77204 $312.00 GLEN LAKE GOLF/PRACTICE CENTER HOSES & NOZZLES SUMMER SKILL DEVELOP 77205 $1,550.50 GREAT PLAINS CONSTRUCTION PROFESSIONAL SERVICES 1998 REHAB PROGRAM 77206 $200.00 KYLO, SHIRLEY FACILITIES RENTAL OUTDOOR CTR PROGRAM 77207 $48.22 LANDRUM, TODD CLOTHING & UNIFORMS POLICE 77208 $231.00 MULHAUSER, WENDY INSTRUCTOR SERVICE PRESCHOOL EVENTS 77209 $27.00 RICHFIELD, CITY OF OPERATING SUPPLIES-GENERAL EQUIPMENT MAINTENANCE 77210 $25.00 SCHOOL RESOURCE OFFICER TRAINI SCHOOLS POLICE 77211 $200.00 THOMPSON, MARION FACILITIES RENTAL OUTDOOR CTR PROGRAM 77212 $178.28 WASTE MANAGEMENT - BLAINE WASTE DISPOSAL PRAIRIE VILLAGE LIQUOR #1 77213 $375.00 21ST INT'L ASIAN ORG CRIME CON SCHOOLS POLICE 71214 $347.90 AAA LAMBERTS LANDSCAPE PRODUCT LANDSCAPE MTLS & AG SUPPL COMMUNITY CENTER 77215 $138.00 ABM EQUIPMENT AND SUPPLY COMPA CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 77216 $54.93 AIRGAS SAFETY OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINTENANCE 77217 $29.00 AMERICAN BLDG CONTRACTORS CASH OVER/SHORT FD 10 ORG 7718 $1,410.40 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL 77219 $3,539.00 ANCHOR PRINTING COMPANY PRINTING COMMUNITY SERVICES 77220 $800.00 B.L. DALSIN ROOFING CO REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 77221 $1,500.00 BAKER, JIM OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 77222 $196.17 BAUER BUILT TIRE AND BATTERY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77223 $1,169.06 BECKER ARENA PRODUCTS INC REPAIR & MAINT SUPPLIES ICE ARENA 77224 $1,460.00 BILL'S GUN SHOP CLOTHING & UNIFORMS POLICE 9 COUNCIL CHECK REGISTER 13-JUL-1999 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 77225 $187.99 BLOOMINGTON LOCK AND SAFE* REPAIR & MAINT SUPPLIES FIRE STATION #1 77226 $100.00 BOEHNE, GORDON W REFUNDS ENVIRONMENTAL EDUCATION 77227 $70.29 BROWN TRAFFIC PRODUCTS INC OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALS 77228 $287.50 BROWN, PAUL OTHER CONTRACTED SERVICES PARK FACILITIES 77229 $100.00 BUECHELE, KENNETH REFUNDS ENVIRONMENTAL EDUCATION 77230 $5,354.82 CAPITOL COMMUNICATIONS PAGERS & RADAR EQUIP WIRELESS COMMUNICATION '77231.. $1,434.92 CARLSON TRACTOR AND EQUIPMENT EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77232 $433.49 CATCO CLUTCH & TRANSMISSION SE EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77233 $4,710.19 CEMSTONE REPAIR & MAINT SUPPLIES ORGANIZED ATHLETICS FEES 77234 $305.00 CENTRAIRE INC CONTRACTED BLDG MAINT FIRE STATION #3 77235 $938.25 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77236 $90.00 CODE ADMINISTRATION & INSPECTI LICENSES & TAXES WATER UTILITY-GENERAL 77237 $442.38 CONNEY SAFETY PRODUCTS SAFETY SUPPLIES STORM DRAINAGE 77238 $326.73 CONSTRUCTION MATERIALS INC COMMUNICATION EQUIPMENT TRAILS 77239 $195.24 CORPORATE EXPRESS OFFICE SUPPLIES POLICE 77240 $44.97 CROWN MARKING INC OFFICE SUPPLIES GENERAL 77241 $321.53 CRYSTEEL TRUCK EQUIPMENT INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 77242 $445.53 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE 77243 $6,498.33 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 77244 $385.30 CY'S UNIFORMS CLOTHING & UNIFORMS POLICE 77245 $148.36 DALCO CLEANING SUPPLIES EPCC MAINTENANCE 77246 $57.51 DALE GREEN COMPANY, THE LANDSCAPE MTLS & AG SUPPL STREET MAINTENANCE 77247 $8.08 DELEGARD TOOL CO SMALL TOOLS PARK MAINTENANCE 77248 $351.00 DESAULNIERS, DAN OTHER CONTRACTED SERVICES SOFTBALL 77249 $417.99 DISCOUNT SCHOOL SUPPLY REC EQUIP & SUPPLIES AFTERNOON PLAYGROUND 77250 $302.11 DRISKILLS NEW MARKET OPERATING SUPPLIES-GENERAL AFTERNOON PLAYGROUND 77251 $3,222.00 DUSTCOATING INC DUST COATING GRAVEL ROADS-DUST CONTROL 77252 $1,911.78 EARL F ANDERSEN INC LANDSCAPE MTLS & AG SUPPL PARK MAINTENANCE 77253 $237.25 EDEN PRAIRIE SCHOOL DISTRICT N BLDG RENTAL STARING LAKE CONCERT 77254 $355.00 EDINA, CITY OF CONST TESTING-SOIL BORING WATER SYSTEM SAMPLE 77255 $264.00 ELECTRO MECHANICAL OTHER CONTRACTED SERVICES MILLER PARK 77256 $392.51 ELK RIVER CONCRETE PRODUCTS REPAIR & MAINT SUPPLIES STORM DRAINAGE 77257 $217.92 ELVIN SAFETY SUPPLY INC PROTECTIVE CLOTHING WATER TREATMENT PLANT 77258 $422.76 EMI REPAIR & MAINT SUPPLIES ICE ARENA 77259 $13.30 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL 77260 $527.84 FACILITY SYSTEMS INC CONTRACTED REPAIR & MAINT EP CITY CTR OPERATING COSTS 77261 $106.50 FEDERAL SIGNAL CORPORATION CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 77262 $26,700.80 FINLEY BROS INC CONTRACTED EQUIP REPAIR MILLER PARK 77263 $330.00 FUNK - HANECY DISTRIBUTORS INC CONTRACTED BLDG REPAIRS SENIOR CENTER 77264 $254.31 G & K SERVICES-MPLS INDUSTRIAL EQUIPMENT RENTAL PARK MAINTENANCE 77265 $45.00 GALAXY COMPUTER SERVICES CONTRACTED COMM MAINT INFORMATION SYSTEM 77266 $1,838.56 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA 77267 $75.00 GATES, KATHY PROFESSIONAL SERVICES POLICE 77268 $629.16 GENUINE PARTS COMPANY REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 77270 $51.40 GOPHER SPORT REC EQUIP & SUPPLIES SUMMER SKILL DEVELOP 77271 $100.00 GRAFF, DAVID REFUNDS ENVIRONMENTAL EDUCATION 77272 $100.00 GREENING, DAVID REFUNDS ENVIRONMENTAL EDUCATION 77273 $250.25 HACH COMPANY OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 77274 $134.68 HANSEN THORP PELLINEN OLSON OTHER CONTRACTED SERVICES PARK MAINTENANCE 77275 $58.66 HARMON AUTOGLASS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 77276 $7,224.15 HARTLAND FUEL PRODUCTS LLC MOTOR FUELS EQUIPMENT MAINTENANCE ' 77277 $4.85 HAYDEN-MURPHY EQUIPMENT COMPAN EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77278 $1,345.00 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 77279 $106.15 HERC U LIFT EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77280 $436.65 HIRSHFIELDS PAINT MANUFACTURIN OPERATING SUPPLIES-GENERAL PARK MAINTENANCE /do COUNCIL CHECK REGISTER 13-JUL-1999 (15 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 77281 $608.00 HOLMES, JOHN CARTER OTHER CONTRACTED SERVICES SOFTBALL 77282 $285.00 HOLMES, TOM OTHER CONTRACTED SERVICES SOFTBALL 77283 $50.95 ICEMAN/CO2 SERVICES, THE CHEMICALS POOL MAINTENANCE 77284 $445.17 ICI DULUX PAINT CTRS BUILDING MATERIALS ROUND LAKE 77285 $65.92 INDUSTRIAL LIGHTING SUPPLY INC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 77286 $180.59 INLAND TRUCK PARTS COMPANY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77287 $3,636.01 INTERNATIONAL SUNPRINTS INC CLOTHING & UNIFORMS SPORTS/SPECIAL CAMPS 77288 $673.26 JANEX INC CLEANING SUPPLIES FIRE STATION #1 77289 $400.00 KENNETH COMPANIES INC OPERATING SUPPLIES-GENERAL CEMETERY OPERATION 77290 $657.64 KINKOS INC OPERATING SUPPLIES-GENERAL WATER UTILITY-GENERAL 77291 $119.74 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 77292 $100.00 KUNITZ, SARA REFUNDS ENVIRONMENTAL EDUCATION 77293 $314.99 LAB SAFETY SUPPLY INC PROTECTIVE CLOTHING WATER TREATMENT PLANT 77294 $100.00 LABORE, JEFF REFUNDS ENVIRONMENTAL EDUCATION 77295 $100.11 LAERDAL MEDICAL CORPORATION OPERATING SUPPLIES-GENERAL POLICE 77296 $162.00 LAGERQUIST CORP CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 77297 $3,507.81 LANO EQUIPMENT INC EQUIPMENT RENTAL STREET MAINTENANCE 77298 $308.85 LESCO INC CHEMICALS PARK MAINTENANCE 77299 $185.00 LINDEMEIER, ERIK OTHER CONTRACTED SERVICES SOFTBALL 77300 $161.11 MAC TEAM SPORTS REC EQUIP & SUPPLIES TOUCH FOOTBALL 77301 $855.00 MAPLE GROVE, CITY OF RENTALS POLICE 77302 $91. 0 MAXI-PRINT INC PRINTING POLICE 77303 $225.00 MAXIMUM SOLUTIONS INC OPERATING SUPPLIES-GENERAL ICE ARENA 77304 $200.00 MCLAUGHLIN, TIM REFUNDS ENVIRONMENTAL EDUCATION 77305 $230.00 MEDTOX PROFESSIONAL SERVICES SAFETY 77306 $546.02 MENARDS REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 77308 $28.48 MERLINS ACE HARDWARE REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 77309 $3,832.50 METRO CONCRETE RAISING INC REPAIR & MAINT SUPPLIES STORM DRAINAGE 77310 $119.40 METROPOLITAN FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77311 $12,501.10 MIDWEST ASPHALT CORPORATION WASTE DISPOSAL STORM DRAINAGE 77312 $2,119.88 MINNESOTA PIPE AND EQUIPMENT* REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 77313 $163.58 MINNESOTA TROPHIES & GIFTS OPERATING SUPPLIES-GENERAL FIRE 77314 $325.46 MINNESOTA VIKINGS FOOD SERVICE MISCELLANEOUS GENERAL BUILDING FACILITIES 77315 $221.51 MN MAINTENANCE EQUIP INC OTHER EQUIPMENT WATER SYSTEM MAINTENANCE 77316 $100.00 MORAN, HARRY REFUNDS ENVIRONMENTAL EDUCATION 77317 $100.00 MOSOW, DOUG REFUNDS ENVIRONMENTAL EDUCATION 77318 $809.12 MTI DISTRIBUTING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77319 $100.00 MULLEADY, MARY REFUNDS ENVIRONMENTAL EDUCATION 77320 $393.19 NATIONWIDE ADVERTISING SERVICE EMPLOYMENT ADVERTISING HUMAN RESOURCES 77321 $2,767.00 NEWMECH CONTRACTED BLDG REPAIRS WATER TREATMENT PLANT 77322 $9,610.75 NORTHWEST ASPHALT OTHER CONTRACTED SERVICES STREET MAINTENANCE 77323 $147.82 OHLIN SALES OPERATING SUPPLIES-GENERAL POLICE 77324 $41.98 OLSEN CHAIN & CABLE CO INC OPERATING SUPPLIES-GENERAL TRAFFIC SIGNALS 77325 $119.16 P & H WAREHOUSE SALES INC REPAIR & MAINT SUPPLIES PARK MAINTENANCE 77326 $100.00 PARISIAN, KAREN REFUNDS ENVIRONMENTAL EDUCATION 77327 $947.50 PARK NICOLLET CLINIC HEALTHSYS PROFESSIONAL SERVICES SAFETY 77328 $249.21 PARK NICOLLET HEALTHSOURCE PROFESSIONAL SERVICES SAFETY 77329 $100.00 PENNEY, DOUGLAS REFUNDS ENVIRONMENTAL EDUCATION 77330 $36.19 PETSMART CANINE SUPPLIES POLICE 77331 $510.00 PLEHAL BLACKTOPPING INC EQUIPMENT RENTAL STREET MAINTENANCE 77332 $1,195.14 PRAIRIE ELECTRIC COMPANY REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 77333 $111.59 PRAIRIE LAWN AND GARDEN OPERATING SUPPLIES-GENERAL STREET MAINTENANCE 77334 $1,020.88 PRAIRIE OFFSET PRINTING OPERATING SUPPLIES-GENERAL FIRE 77335 $57.00 PRESTON, ROGER OTHER CONTRACTED SERVICES SOFTBALL 77336 $583.82 PROMOTION GROUP, THE SAFETY SUPPLIES SAFETY I I ' COUNCIL CHECK REGISTER 13-JUL-1999 (15: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 77337 $798.30 PROSTAFF OTHER CONTRACTED SERVICES FINANCE DEPT 77338 $100.00 PUFF, TOM REFUNDS ENVIRONMENTAL EDUCATION 77339 $73.17 R & R MARINE INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77340 $1,073.74 R & S HEATING & A/C INC REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 77341 $74.53 RADIO SHACK OPERATING SUPPLIES-GENERAL WATER SYSTEM MAINTENANCE 77342 $409.51 RAINBOW FOODS - CHARGES OPERATING SUPPLIES-GENERAL PROGRAM SUPERVISOR 77343 $901.00 RAY, LEE OTHER CONTRACTED SERVICES SOFTBALL 77344 , $166.77 RESPOND SYSTEMS SAFETY SUPPLIES EQUIPMENT MAINTENANCE •77345 $8.54 RIGID HITCH INCORPORATED EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77346 $96.78 RITZ CAMERA OPERATING SUPPLIES-GENERAL TREE DISEASE 77347 $181.00 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 77348 $50.00 RON'S REPAIR CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 77349 $100.00 SAVEREIDE, BARBARA REFUNDS ENVIRONMENTAL EDUCATION 77350 $2,063.50 SCHULTZ, WILBUR OTHER CONTRACTED SERVICES SOFTBALL 77351 $258.75 SHELLEY-DANIEL CO CASH OVER/SHORT FD 10 ORG 77352 $46.40 SHERWIN WILLIAMS CO OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 77353 $239.25 SIMPLEX TIME RECORDER CO REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 77354 $100.00 SMITH, PATRICIA REFUNDS ENVIRONMENTAL EDUCATION 77355 $42.17 SOUTHSIDE HEATING & AC MECHANICAL PERMIT FD 10 ORG 77356 $1,250.00 SOUTHWEST FAMILY SERVICES EMPLOYEE ASSISTANCE BENEFITS 77357 $100.00 SPAETH, KARYN REFUNDS ENVIRONMENTAL EDUCATION 77358 $200.00 SPECTRUM LABS INC OTHER CONTRACTED SERVICES ROUND LAKE �77359 $8.00 STEINKRAUS PLUMBING INC CASH OVER/SHORT FD 10 ORG 77360 $96.48 STEMPF AUTOMOTIVE INDUSTRIES I EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77361 $174.66 STRAND MANUFACTURING CO INC CONTRACTED EQUIP REPAIR SEWER LIFTSTATION 77362 $588.30 STREICHERS CLOTHING & UNIFORMS POLICE 77363 $2,425.87 SUBURBAN CHEVROLET GEO CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 77364 $31.73 SUBURBAN PROPANE CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 77365 $73.88 SUBURBAN TIRE & AUTO SERVICE I TIRES EQUIPMENT MAINTENANCE 77366 $168.00 SUN NEWSPAPERS EMPLOYMENT ADVERTISING HUMAN RESOURCES 77367 $30.00 SUPERIOR CONTRACTORS CASH OVER/SHORT FD 10 ORG 77368 $61.50 THERMOGAS COMPANY MOTOR FUELS ICE ARENA 77369 $115.00 TRANS ALARM INC CONTRACTED BLDG REPAIRS EP CITY CTR OPERATING COSTS 77370 $91.48 TRUGREEN CHEMLAWN MTKA GROUNDS MAINTENANCE SENIOR CENTER 77371 $100.00 TURTLE, CONNIE REFUNDS ENVIRONMENTAL EDUCATION 77372 $37.19 TWIN CITY TIRE CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 77373 $304.47 UNIFORMS UNLIMITED CLOTHING & UNIFORMS POLICE 77374 $361.46 UNITED LABORATORIES CLEANING SUPPLIES WATER TREATMENT PLANT '77375 $260.31 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 77376 $235.16 US CAVALRY CLOTHING & UNIFORMS POLICE 77377 $1,149.06 US FILTER/WATERPRO REPAIR & MAINT SUPPLIES STORM DRAINAGE 77378 . $307.18 US OFFICE PRODUCTS OFFICE SUPPLIES WATER UTILITY-GENERAL 77379 $605.99 VERNCO MAINTENANCE INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 77380 $100.00 VIGIL, KELLY K REFUNDS ENVIRONMENTAL EDUCATION 77381 $1,563.95 VWR SCIENTIFIC PRODUCTS OTHER EQUIPMENT WATER TREATMENT PLANT 77382 $762.63 W W GRAINGER INC OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 77383 $86.75 WARNING LIGHTS OF MINNESOTA SAFETY SUPPLIES STORM DRAINAGE 77384 $974.15 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 77385 $35.90 WAYTEK INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 77386 $709.69 WESTSIDE EQUIPMENT CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 77.387 $410.03 WESTSIDE REDIMIX INC REPAIR & MAINT SUPPLIES STORM DRAINAGE 77388 $149.28 WILDES ENGINEERING SALES INC EQUIPMENT PARTS WATER TREATMENT PLANT 77389 $388.81 PROEX PHOTO SYSTEMS PHOTO SUPPLIES POLICE 77391 $2,900.80 WORK CONNECTION, THE OTHER CONTRACTED SERVICES PARK MAINTENANCE 77392 $456.30 YALE INCORPORATED CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 1 COUNCIL CHECK REGISTER 13-JUL-1999 (15: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 77393 $125.00 YOUNGSTEDT INC CIGARETTE LICENSES FD 10 ORG 77394 $80,619.44 ZIEGLER INC MACHINERY EQUIPMENT WATER SYSTEM MAINTENANCE $1,307,605.69* / 3 CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Report of City Manager SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: XII. B. Administration Special Recognition Announcements Christopher M. Enger 1. Recognition for Finance Director Don Uram for passing the Cash Management and Investments Examination and the Debt Management Examination administered by the Government Finance Officers Association of the United States and Canada(GFOA). The Certification Program of the Government Finance Officers Association is a broad educational program designed to verify knowledge in the disciplines of government finance. Completion of the examination process will result in the designation of Certified Public Finance Officer(CPFO). Don earned the top score on the Investment exam. 2. Recognition for Liquor Operations Manager Jack Shepers and Liquor Store Managers Mitchell Dean and Bill Lempesis for completion of the Academy of Public Management certificate program sponsored by Inver Hills Community College. This program aids in the development of management skills for Government managers and supervisors. Jack, Mitch and Bill join 30 other City Managers in completing this program. 3. Recognition for Risk Management and Records Manager Wayne Estenson. The City of Eden Prairie received recognition from the Governor and the Minnesota Safety Council for its outstanding Occupational Safety and Health Program. Once again, the City demonstrated success through its record in low lost time injuries and an aggressive return to work program. 4. Recognition for Tria Mann and Carla Kress of the Parks and Recreation Department for receiving the Arc Hennepin County Leisure Services Award. This award is granted to an individual or organization that has made a significant contribution toward promoting and expanding inclusive leisure recreation opportunities in the local community for people with developmental disabilities. Subsequently, Eden Prairie Parks and Recreation Adaptive Services has automatically been nominated for the Arc National Leisure Services Award. A special thank you to all of you for contributing to the continued success and enhanced quality of life in Eden Prairie. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: July 20,1999 SECTION: Report of Community Development and Financial Services Director ITEM NO: XII.D. SERVICE AREA: ITEM DESCRIPTION: Community Development 1998 Comprehensive Annual Financial Report(CAFR) and Financial Services Don Uram-Director Requested Council Action: Staff recommends that the City Council accept the 1998 Comprehensive Annual Financial Report (CAFR). Background: Minnesota statutes require that by June 30 of each year, the City prepare a financial report for activities of the previous year. This accounting report was forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Department. The report is prepared with review by the independent auditing firm of Eide Bailly LLP. Dave Stene,Partner in the accounting firm will make a presentation of the significant findings from the compilation of the financial report. In general, the City's financial conditions and control procedures are sound. EideBailly. Consultants • Certified Public Accountants The Honorable Mayor, City Council City of Eden Prairie Eden Prairie, Minnesota We have audited the general purpose financial statements of the City of Eden Prairie, Minnesota, for the year ended December 31, 1998, and have issued our report thereon dated April 14, 1999. Professional standards require that we provide you with the following information related to our audit. Our Responsibility Under Generally Accepted Auditing Standards As stated in our engagement letter dated December 16, 1996,our responsibility, as described by professional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance that the general purpose financial statements are free of material misstatement and are fairly presented in accordance with generally accepted accounting principles. Because of the concept of reasonable assurance and because we did not perform a detailed examination of all transactions,there is a risk that material errors,fraud,or other illegal acts may exist and not be detected by us. As part of our audit, we considered the internal control of the City of Eden Prairie, Minnesota. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. Significant Accounting Policies Management has the responsibility for selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by City of Eden Prairie, Minnesota are described in Note 1 to the general purpose financial statements. During the year ended December 31, 1998, the City implemented GASBS (Governmental Accounting Standards Board Standard) No. 31, "Accounting and Reporting for Certain Investments and for External Investment Pools." The statement requires the City to record its investments at fair value, rather than cost. Also during the year,the City implemented GASBS No. 32 "Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans." The City no longer reports deferred compensation plans in an agency fund, in accordance with this standard. We noted no transactions entered into by the City during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. 11000 Prairie Lakes Drive • Suite 410 • Eden Prairie, Minnesota 55344-3800 • 612.944.6166 • Fax 612.944.8496 Offices in Arizona,Iowa,Minnesota,Montana,North Dakota and South Dakota—Equal Opportunity Employer ' Accounting Estimates Accounting estimates are an integral part of the general purpose financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the general purpose financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates(s)affecting the financial statements were: Depreciation and a contingent liability regarding a communication from the Office of the State Auditor regarding tax increment financing. Significant Audit Adjustments For purposes of this letter, professional standards define a significant audit adjustment as a proposed correction of the general purpose financial statements that, in our judgment, may not have been detected except through our auditing procedures. These adjustments may include those proposed by us but not recorded by the City that could potentially cause future financial statements to be materially misstated, even though we have concluded that such adjustments are not material to the current financial statements. We proposed no audit adjustments that could, in our judgment, either individually or in the aggregate,have a significant effect on the City's financial reporting process. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting,or auditing matter that could be significant to the general purpose financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the government unit's general purpose financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City of Eden Prairie, Minnesota's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. 3 Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing our audit. This information is intended solely for the use of Mayor and City Council and management of the City of Eden Prairie, Minnesota and is not intended to be and should be used by anyone other than these specified parties. Very truly yours, Paay April 14, 1999 Eden Prairie,Minnesota l • CITY OF EDEN PRAIRIE,MINNESOTA • YEAR ENDED DECEMBER 31, 1998 OTHER COMMENTS Government Finance Officers Association Certificate We congratulate the City for receiving the Certificate of Achievement award from the Government Finance Officers Association (GFOA) for the 1997 financial statement presentation. This award is presented to government units whose comprehensive annual financial report(CAFR)achieves the highest standards in government accounting and financial reporting. This is an indication of the City's interest in seeking excellence in its external financial reporting. General Fund A summary of General Fund 1998 operations follows(in 000's): Favorable Budget Actual Variance Revenues and Transfers $ 22,888 $ 23,915 $ 1,027 Expenditures and Transfers $ 23,183 $ 22,615 $ 568 The portion of the fund balance in the General Fund which has not been reserved or otherwise designated was $4,666,000 at December 31, 1998. This represents 21% of 1998 actual expenditures. The City should continue to provide for a minimum fund balance which allows for sufficient cash flows and protection against unforeseen events. Utility Enterprise Fund The retained earnings of the Utility Fund increased $655,000 during the year ended December 31, 1998. This occurred primarily because of increased revenue and decreased operating expenses before depreciation. The retained earnings balance at December 31, 1998 is $2,565,000. An adequate retained earnings balance can enable the City to stabilize utility rates, provide adequate working capital, and fund capital improvements. We continue our recommendation that the City monitor the rate structure for utilities on an ongoing basis. Municipal Liquor Stores Enterprise Fund The City's municipal liquor stores had sales of$6,246,000 in 1998, an increase of 18% over prior year sales. The gross profit increased from $1,256,000 (23.6% of sales) in 1997 to $1,475,000 (23.6% of sales) in 1998. The City's municipal liquor stores gross profit, operating expense, and income from operations compare as follows to averages for other Minnesota municipal liquor stores as published by the Minnesota Office of the State Auditor: 1997 Eden Prairie Over 20,000 Description 1998 1997 1996 Population Operations Gross Profit 23.6% 23.6% 24.1% 23.3% Operating Expense(1) 15.8% 17.8% 18.3% 16.4% Operating Income (1) 7.8% 5.9% 5.8% 6.8% (1) Not including building rental income and expenses CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Report of Public Works Services Director SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works XII.E. 1 Gene Dietz Signal and Intersection Improvements at Mitchell Road and Anderson Lakes Parkway Staff members are still waiting for information and will distribute it with recommendations on Tuesday evening. CITY COUNCIL AGENDA DATE: 7/20/99 SECTION: Report of Public Works Services Director SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works XII.E. 2 Gene Dietz Lincoln Lane Street and Storm Sewer Improvements Staff members are still waiting for information and will distribute it with recommendations on Tuesday evening. 02