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City Council - 08/03/1999
EDEN PRAIRIE CITY COUNCIL WORKSHOP TUESDAY AUGUST 3, 1999 CITY COUNCIL: 5:00 -6:55 PM, CITY CENTER HERITAGE ROOM II 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, and Council Recorder Peggy Rasmussen I. CALL MEETING TO ORDER -MAYOR JEAN HARRIS II. APPROVAL OF AGENDA III. UPDATE ON BOARDS AND COMMISSIONS RESTRUCTURE IV. OTHER BUSINESS A. UPDATE ON CITY CENTER REMODELING V. COUNCIL FORUM -6:30 -6:55 PM VI. ADJOURNMENT MEMORANDUM TO: Mayor and City Council FROM: Chris Enger, City Manager DATE: July 30, 1999 SUBJECT: City Council Meeting for Tuesday, August 3, 1999 CITY COUNCIL/ STAFF WORKSHOP TUESDAY, AUGUST 3, 1999 5:00 -6:55 PM, HERITAGE ROOM II The City Council and Staff will meet to hear an update on Boards and Commissions Restructure. A copy of the agenda is in your packet. Time will be allotted from 6:30 PM to 6:55 PM for Council Forum. Dinner will be available in the meeting room during the workshop. CITY COUNCIL AGENDA TUESDAY, AUGUST 3,1999 7:00 PM, COUNCIL CHAMBER I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS IV. MINUTES V. A-I MOTION: Move approval of the following sets of City Council minutes: A. B. CITY COUNCIL MEETING HELD TUESDAY, JULY 20,1999 HOUSING REDEVELOPMENT AUTHORITY MEETING HELD TUESDAY, JULY 20,1999 CONSENT CALENDAR MOTION: Move approval of items A-Ion the Consent Calendar. VI. PUBLIC HEARINGS / MEETINGS / Letter of Transmittal August 3,1999 Page 2 A. CROSSTOWN CIRCLE CENTRE-REMOTE PARKING Official notice ofthis public hearing was published on July 22, 1999, in the Eden Prairie News and sent to 14 property owners. Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Amendment on 12.42 acres; and • Approve 1 st Reading of the Ordinance for PUD District Review with waivers on 2.5 acres and Rezoning from C-Hwy to Office on 2.5 acres; and • Adopt the Resolution for Preliminary Plat of 2.5 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 226 car parking lot to provide additional parking on a separate lot for Best Buy Company's new building on Crosstown Circle. Background Information: For traffic reduction and TDM reasons the staff report to the Planning Commission recommended a revised parking lot plan for a 163 car parking lot. At the June 28, 1999 Planning Commission meeting the developer presented new information that 63 of the 226 parking spaces were not additional spaces but displaced spaces from the Crosstown Circle office site to the north. Current building and fire codes would not allow the parking deck to be built as approved by the City Council. Based on this information, and that new parking was consistent with the staff recommendation, the Planning Commission voted 6-0 to recommend approval ofthe plan for a 226 car parking lot, to the City Council. B. PURGATORY CREEK ESTATES 2ND Official notice of this public hearing was published on July 22, 1999, in the Eden Prairie News and sent to 28 property owners. Move to: • Close the Public Hearing; and • Adopt the Resolution for Preliminary Plat of3.08 acres into 7 lots; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Letter of Transmittal August 3, 1999 Page 3 Synopsis: This is a 7 lot single family subdivision in the Sunnybrook Road area, north of the road not adjacent to the Creek, that meets City Code requirements. Background Information: The Planning Commission voted 6-0 to recommend approval of the project to the City Council at the June 28, 1999 meeting. c. MATT'S AUTO SERVICE Official notice of this public hearing was published on July 22, 1999, in the Eden Prairie News and sent to 2 property owners. Move to: • Close the Public Hearing; and • Approve 1 st Reading of the Ordinance for Zoning District Amendment in the I-General District on .96 acres; and Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis: This is a plan for a 3,500 square foot industrial building with outdoor storage for 150 impound vehicles. Background Information: This site is guided industrial and zoned I -General. Matt's Auto Service predates the current zoning ordinance and is a legal non-conforming use. Matt's Auto Service is towing of vehicles and provides impound service to the City of Eden Prairie and the City of Minnetonka. In order to build the project as proposed, 13 variances from the City code must be granted. The Planning Commission voted 6-0 to recommend approval ofthe project with the requested 13 variances at the June 28, 1999 meeting. The Planning Commission did not agree with the staff recommendation for variances subject to plan modifications that would improve the visual condition of the property by screening the outdoor storage of impound vehicles The Board of Appeals will review this item on August 12, 1999. 3 Letter of Transmittal August 3, 1999 Page 4 D. APPROVE RESOLUTION RELATING TO DEVELOPMENT DISTRICT NO.1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 1.2.3.4.5. 6 AND 7; ADOPTING AMENDMENTS TO THE DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLANS THEREFOR VII. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS. REQUESTS AND COMMUNICATIONS A. APPROVE REQUEST FROM TAURUS PROPERTIES FOR REMOVAL OF TRAIL REQUIREMENT FROM WYNSTONE DEVELOPMENT X. REPORTS OF ADVISORY BOARDS AND COMMISSIONS A. APPROVE MEMORANDUM OF UNDERSTANDING REGARDING ACQUISITION. STORAGE. AND DISPLAY OF HISTORIC ARTIFACTS AND USE OF HISTORIC SITES. BETWEEN EDEN PRAIRIE HISTORICAL SOCIETY AND THE CITY OF EDEN PRAIRIE B. APPROVE PURCHASE OF FENCING FOR THE J.R. CUMMINS HOMESTEAD HISTORIC SITE c. APPROVE RECOMMENDATION TO DISCONTINUE SALE OF J.R. CUMMINS ART WORK AT DISCOUNTED PRICE XI. APPOINTMENTS 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 Letter of Transmittal August 3, 1999 PageS XIII. 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 A. COUNCIL FORUM INVITATION Hereafter, 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 CME:llm Attachments AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 3, 1999 CITY COUNCIL: 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road 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 MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS IV. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, JULY 20,1999 B. HOUSING REDEVELOPMENT AUTHORITY MEETING HELD TUESDAY, JULY 20,1999 V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. FLYING CLOUD CORPORATE CAMPUS PHASE II by Liberty Property Trust. 2nd Reading of 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 Hwy 212. (Ordinance for PUD District Review and Rezoning and Resolution for Site Plan Review) c. ADOPT RESOLUTION APPROVING FINAL PLAT FOR RDA CENTER D. APPROVE DEVELOPER'S AGREEMENT FOR PERKINS SUBDIVISION E. APPROVE AUTHORIZATION OF RELIANT ENERGY RETAIL, INC. CITY COUNCIL AGENDA August 3, 1999 Page 2 TO PROVIDE MONTHLY DISCOUNT ON PRICE OF NATURAL GAS TO QUALIFIED BUILDINGS F. AWARD CONTRACT FOR VARIABLE FREQUENCY DRIVES FOR WELL NOS. 7, 8, 9 & 10, I.C. 99-5493 G. AWARD REMODELING BID PACKAGE FOR CITY CENTER TO MCFARLAND CONSTRUCTION COMPANY H. AWARD BID FQR REPLACEMENT OF ROUND LAKE PLAYGROUND TO MIDWEST PLAYSCAPES RECREATION EQUIPMENT I. AUTHORIZE MAYOR AND CITY MANAGER TO SIGN LETTER OF UNDERSTANDING WITH KMC TELECOM FOR THE PROVISION OF LOCAL AND LONG DISTANCE SERVICES TO THE CITY OF EDEN PRAIRIE VI. PUBLIC HEARINGSIMEETINGS A. CROSSTOWN CIRCLE CENTRE-REMOTE PARKING by Brad Hoyt, Inc. Request for a Planned Unit Development Concept Amendment on 12.42 acres, Planned Unit Development District Review with waivers on 25 acres, Rezoning from C-Hwy to Office on 2.5 acres, Site Plan Review on 2.5 acres and a Preliminary Plat of 2.5 acres into one lot. Location: Southwest comer of Crosstown Circle and Flying Cloud Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Rezoning and Resolution for Preliminary Plat) B. PURGATORY CREEK ESTATES 2ND by Post Construction Company. Request for Rezoning from Rural to R1-13.5 on 3.08 acres and a Preliminary Plat 0[3.08 acres into 7 lots. Location: Wilderness Cove and Sunnybrook Road. (Ordinance for Zoning District Change and Resolution for Preliminary Plat) c. MATT'S AUTO SERVICE by Matt Strodel. Request for Zoning District Amendment within the I-General District on 0.96 acres and a Site Plan Review on 0.96 acres with variances. Location: Industrial Boulevard south of Highway 62. (Ordinance for Zoning District Amendment) D. ADOPT RESOLUTION RELATING TO DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 1,2,3,4,5,6 AND 7; ADOPTING AMENDMENTS TO THE DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLANS THEREFOR VII. PAYMENT OF CLAIMS VIII. ORDINANCES AND RESOLUTIONS CITY COUNCIL AGENDA August 3, 1999 Page 3 IX. PETITIONS, REQUESTS AND COMMUNICATIONS A. APPROVE REQUEST FROM TAURUS PROPERTIES FOR REMOVAL OF TRAIL REQUIREMENT FROM WYNSTONE DEVELOPMENT X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. APPROVE MEMORANDUM OF UNDERSTANDING REGARDING ACQUISITION, STORAGE, AND DISPLAY OF HISTORIC ARTIFACTS AND USE OF HISTORIC SITES, BETWEEN EDEN PRAIRIE HISTORICAL SOCIETY AND THE CITY OF EDEN PRAIRIE B. APPROVE PURCHASE OF FENCING FOR THE J.R. CUMMINS HOMESTEAD HISTORIC SITE c. APPROVE RECOMMENDATION TO DISCONTINUE SALE OF J.R. CUMMINS ART WORK AT DISCOUNTED PRICE XI. APPOINTMENTS 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 XIV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, JULY 20, 1999 CITY COUNCIL: CITY COUNCIL STAFF: 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher- Y ounghans, Ronald Case, Ross Thorfinnson, Jr., Nancy Tyra-Lukens, 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 HOUSING AND REDEVELOPMENT AUTHORITY MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. Thorfinnson was absent when the meeting began. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger added Item IV.C., approval of the additional set of minutes for the meeting of the Housing and Redevelopment Authority, dated July 6, 1999. MOTION: Tyra-Lukens moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 4-0. IV. MINUTES A. HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD TUESDAY, JULY 6,1999 MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to approve the minutes of the Housing and Redevelopment Authority Meeting held Tuesday, July 6, 1999, as published. Motion carried 4-0. Thorfinnson arrived at the meeting at 7:10 p.m. J UNAPPROVED MINUTES July 20, 1999 Page 2 v. PUBLIC HEARINGSIMEETINGS A. ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 15, EDEN SHORES SENIOR HOUSING PROJECT (Resolution 99-117) Eden Shores Senior Housing Project is located east of Highway 212 at Fountain Place. City Council approved land use for this project at its meeting on July 20, 1999. Enger said notice of this public hearing was published on July 8, 1999, in the Eden Prairie News. Chris Kimmel, Project Manager with Springsted, Inc., the City's financial advisors, gave an overview of the TIF plan for this project. The developer is requesting TIF financing to lower rents on 20 percent of the units, and write-down land acquisition costs. Springsted has studied the proposal and determined that public assistance is needed for the project to be financially feasible. The amount of TIF financing needed would be $4,625,000. Approximately $2.2 million will be used to subsidize rents. In addition, TIF budgeting includes 10 percent for the City's administrative costs. There is a projected increase in market value of$14.7 million. The total TIF generated over 15 years would be $10.5 million, and the project will utilize about 75 percent of the TIF generated. This proposed plan meets all State TIF requirements and is consistent with the City's Comprehensive Plan and recommendations ofthe Senior Advisory Task Force. Mayor Harris inquired if any member of the audience wished to address the Council with regard to establishment of this Tax Increment Financing District. No one did. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the public hearing and adopt TIF and Project Plan as per Resolution 99-117. Motion carried 5-0. B. ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 16, LINCOLN PARC APARTMENT PROJECT (Resolution 99-118) Enger said the City Council has approved a land use request for the Lincoln Parc apartment project. Official notice of this public hearing was published on July 8, 1999, in the Eden Prairie News. 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 l80-unit Lincoln Parc apartment proposal on the City's site near the water tower on Eden Road. The Planning Commission found the use of TIF for this project to be consistent with the goals of the City's Comprehensive Plan at the June 28, 1999 meeting. Jack Bratt, Hartford Financial Services, explained that when the Lincoln Parc proposal was approved by the City Council recently, it was requested that UNAPPROVED MINUTES July 20, 1999 Page 3 approval for the development provide a substantial housing component. The site has approximately 20,000 square feet of retail and office space. Hartford Financial is proposing to construct 180 rental apartment units on the site and to subsidize 142 units for 15 years through TIF. Of the 142 affordable units, 38 will be affordable to persons with incomes below 50 percent of the median income for the metro area. The other 104 units will be affordable to persons with incomes below 80 percent of the area median. The expected cost to lower rents on these units over a 15-year period will be about $5,242,000. Case inquired if it would be better for the City to find an older building in an existing TIF district than building a new building and establishing a new TIF district. Enger responded it is very difficult to provide affordable new construction units. If you can deal with existing construction you may get more for your money, but most affordable housing is not located in the suburbs because that is where older houses are, so money goes further if you can use existing buildings. There were a couple of instances where the City encouraged that; however, it is more difficult to modify an existing building. A TIF district can be established anywhere within the City. Thorfinnson said the City is buying down a certain amount of rent, so $500-$600 will cost the same to buy down whether it is for new construction or existing building. Mayor Harris added that an older building would probably not meet existing standards required by the Americans with Disabilities Act and would have to be remodeled. Mayor Harris inquired if anyone would like to address the Council on this proposal. No one did. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to close the public hearing; and adopt Resolution 99-118 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. Motion carried 5-0. VI. ADJOURNMENT MOTION: Case moved, Tyra-Lukens seconded, to close the HRA meeting. Motion carried 5-0. 3 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL / HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, JULY 20,1999 CITY COUNCIL: CITY COUNCIL STAFF: 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher- Y ounghans, Ronald Case, Ross Thorfinnson, Jr., Nancy Tyra-Lukens, 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 Mayor Harris called the joint meetings to order at 7:00 p.m. Thorfinnson was absent when the meeting began. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger added Item IV.C., approval of the additional set of minutes for the meeting of the Housing and Redevelopment Authority, dated July 6, 1999. Butcher-Younghans added an item under REPORTS OF COUNCILMEMBERS. MOTION: Tyra-Lukens moved, seconded by Case, to approve the Agenda as published and amended. Motion carried 4-0. IV. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, JULY 6,1999 MOTION: Case moved, seconded by Butcher-Younghans, to approve the minutes of the City Council/StaffWorkshop Meeting held Tuesday, July 6, 1999, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, JULY 6,1999 Mayor Harris made a correction on page 8, paragraph 4. " ... he is proposing to develop what would be.in Noise Zone D ... " instead of "Zone B." l UNAPPROVED MINUTES July 20, 1999 Page 2 MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the minutes of the City Council Meeting held Tuesday, July 6, 1999, as published and amended. Motion carried 4-0. C. HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD TUESDAY, JULY 6,1999 MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to approve the minutes of the Housing and Redevelopment Authority Meeting held Tuesday, July 6, 1999, as published. Motion carried 4-0. v. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LINCOLN P ARC 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 Parco Location: Eden Road and Singletree Lane. (Ordinance 1S-99-PUD-11-99 for PUD District Review and Rezoning and Resolution 99-108 for Site Plan Review and Developer's Agreement) 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 1-5 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 9-99-PUD-6-99 for PUD District Review and Rezoning and Resolution 99-109 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 comer of Prairie Center Drive and Franlo Road. (Ordinance 16-99-PUD-12-99 for Zoning District Amendment) E. STAHL ADDITION by Jerry Stahl. 2nd Reading of an Ordinance for Zoning District Change from Rural to Rl-13.5 on 2.58 acres Location: 9905 Bluff Road. (Ordinance 17-99 for Zoning District Change) F. ADOPT RESOLUTION 99-110 APPROVING FINAL PLAT OF TECHNOLOGY CAMPUS 3RD ADDITION G. ADOPT RESOLUTION 99-111 APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR UNAPPROVED MINUTES July 20, 1999 Page 3 BIDS FOR TRAFFIC SIGNALS AT CSAH 39 <VALLEY VIEW ROAD) AND SUPER V ALU ENTRANCE / MARKET PLACE DRIVEl, I.e. 99- 5480) H. ADOPT RESOLUTION 99-112 APPROVING GUIDE PLAN UPDATE EXTENSION I. ADOPT RESOLUTION 99-113 AUTHORIZING EASEMENT ACQUISITION REQUIRED FOR DEVELOPMENT OF HALLETT PROPERTY MOTION: Butcher-Younghans moved, seconded by Tyra Lukens, approval of Items A- I on the Consent Calendar Items. Motion carried 4-0. VI. PUBLIC HEARINGSIMEETINGS A. EDEN SHORES SENIOR CAMPUS by SilverCrest Properties, LLC. Request for a Guide Plan Change from Low Density Residential and Neighborhood Commercial to Neighborhood CommerciallHigh 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 99-114 for Guide Plan Change, Resolution 99-115 for PUD Development Concept, Ordinance for PUD District Review and Zoning District Change and Resolution 99-116 for Preliminary Plat) Enger said after Council considers Item A, Item B is to consider establishment of TIF District No. 15. Official notice of the two public hearings was published on July 8, 1999, in the Eden Prairie News. He asked the proponent to make a presentation. Mike Gould, Vice President of SilverCrest Properties, said that his firm develops senior housing, including assisted-living units and long-term care. Eden Shores would have 320 senior rental units. The Prairie Center Medical Building is adjacent to this site, so it is available to the residents who need the services of the clinic. SilverCrest has met with neighborhood groups to hear their concerns. (Thorfinnson arrived at the meeting at 7:10 p.m.) Peter Pfitzer, the architect of the project, said there are a number of existing trees throughout the site. Some of them provide a buffer along the edge of the property between the development and the yards at the rear of the single-family lots. Significant trees have been added along T.H. 212, as well as a double row of evergreen trees between the project and the existing residential area. A fence would screen the east property line. 3 UNAPPROVED MINUTES July 20, 1999 Page 4 There are ten independent-living townhouses. In the main structure are independent living units, assisted-living units, as well as units for long-term care and dementia. The building is three-story and four-story, with the center part of the building being four stories. The exterior facade of the building facing the neighbors to the south would be primarily brick with some stucco. A couple of changes the architect made were in response to the neighbors and City Staff. One of these was to move the south wing 75 feet farther back on the lot, and the other to reduce the building height of the south wing to three stories. Originally a NURP pond was to be located on the lower part of the site but this has now been eliminated, which will preserve a large number of trees behind the building. Butcher-Y ounghans said she assumed there would be a lot of people being dropped off and picked up at the various entrances, and she wondered if the driveway in front of the building would be adequate. Pfitzer said there are drop- off areas located in front of the three entrances for independent living, assisted living and the special-care unit. There is a cuI de sac where vehicles can turn around easily. Butcher-Y ounghans asked if there would be emergency vehicles using the driveway also, and if the driveway would be wide enough to accommodate them. Pfitzer replied there is a pull-off area for their use. The driveway width is 65 feet, including the parking lane. Tyra-Lukens had a question regarding the minimum age requirement for living in senior housing. She was told that 62 is the minimum age. Tyra-Lukens inquired about how much space is allocated for resident parking. She said there doesn't appear to be a normal amount of parking, considering there are three-bedroom units. Gould responded there is a demand for three-bedroom units, which are usually rented by couples who want an additional room for guests. However, they are only allowed to have one car per unit. Those in the independent townhomes have their own parking areas. He believes there is enough parking allocated for those with cars. For those who don't drive, Handi- Cab services are available. Tyra-Lukens inquired if the developer had talked to Southwest Metro about whether there is sufficient turnaround space for their buses. She was told they had not contacted Southwest Metro. Mayor Harris inquired if the various wings are connected to other areas, even though they have separate entrances. Pfitzer replied these buildings are linked together by a continuous corridor, except for the townhomes. Uram addressed the waivers from City Code requested by the developer: • Density from 17.4 to 28.3 units per acre. • Site area per dwelling unit from 2,500 square feet to 1,542 square feet. UNAPPROVED MINUTES July 20, 1999 Page 5 • Building height from 45 feet to 57 feet. • Parking from 2 spaces per dwelling unit with 1 enclosed, to .7 spaces per dwelling unit with .3 enclosed. • Side yard setback from 25 feet to 15 feet. Uram said the Planning Commission first heard about this proposed project at its May 24 meeting. As a result of this meeting the developer revised the plans to address concerns to lower the height of the building along the property line and to put a screening fence along the east side of the townhomes. The overall height of the building was reduced to 50 feet. The Planning Commission believes this is an appropriate use of the property. The Housing Task Force recommended there be some flexibility in the zoning code. The Planning Commission approved the project on a 4-0 vote at its June 14 meeting. Lambert reported the Parks and Recreation Commission reviewed the project at its June 21 meeting, and recommended approval on a 4-0 vote, based on the June 11 and June 16 Staff reports. Mayor Harris inquired if anyone in the audience wished to address the Council on the proposed project. No one did. B. ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 15, EDEN SHORES SENIOR HOUSING PROJECT (Resolution 99-117) Chris Kimmel, Project Manager with Springsted, Inc., the City's financial advisors, gave an overview of the TIF plan for this project. The developer is requesting TIF financing to lower rents on 20 percent of the units, and write-down land acquisition costs. Springsted has studied the proposal and determined that public assistance is needed for the project to be financially feasible. The amount of TIF financing needed would be $4,625,000. Approximately $2.2 million will be used to subsidize rents. In addition, TIF budgeting includes 10 percent for the City's administrative costs. There is a projected increase in market value of$14.7 million. The total TIF generated over 15 years would be $10.5 million, and the project will utilize about 75 percent of the TIP generated. This proposed plan meets all State TIF requirements and is consistent with the City's Comprehensive Plan and recommendations ofthe Senior Advisory Task Force. Mayor Harris inquired if any member of the audience wished to address the Council with regard to establishment of this Tax Increment Financing District. No one did. City Council motions: MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the public hearing. Motion carried 5-0. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to adopt Resolution 99-114 for Comprehensive Guide Plan Change from Low Density Residential and UNAPPROVED MINUTES July 20, 1999 Page 6 Neighborhood Commercial to Neighborhood CommerciallHigh Density Residential on 11.S acres. Motion carried 5-0. MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution 99-11S for PUD Concept Review on I1.S acres; and approve 1st Reading of the Ordinance for PUD District Review on II.S acres and Zoning District Change on l1.S acres from Rural to RM-2.S; and adopt Resolution 99-116 for Preliminary Plat on 11.S acres into one lot; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 5-0 HRAmotion: MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the public hearing and adopt TIF and Project Plan as per Resolution 99-117. Motion carried 5-0. City Council motion: MOTION: Case moved, Butcher-Younghans seconded, to close the public hearing and adopt TIF and Project Plan as per Resolution 99-117. Motion carried 5-0. C. ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 16, LINCOLN PARC APARTMENT PROJECT (Resolution 99-118) Enger said the City Council has approved a land use request for the Lincoln Parc apartment project. Official notice of this public hearing was published on July 8, 1999, in the Eden Prairie News. The purpose for establishing the proposed TIF District is to help finance the construction of about 104 (SS%) moderate-cost rental units and 38 (20%) lower- cost units within the 180-unit Lincoln Parc apartment proposal on the City's site near the water tower on Eden Road. The Planning Commission found the use of TIF for this project to be consistent with the goals of the City'S Comprehensive Plan at the June 28, 1999 meeting. Jack Bratt, Hartford Financial Services, explained that when the Lincoln Parc proposal was approved by the City Council recently, it was requested that approval for the development provide a substantial housing component. The site has approximately 20,000 square feet of retail and office space. Hartford Financial is proposing to construct 180 rental apartment units on the site and to subsidize 142 units for IS years through TIF. Of the 142 affordable units, 38 will be affordable to persons with incomes below SO percent of the median income for the metro area. The other 104 units will be affordable to persons with incomes below 80 percent of the area median. The expected cost to lower rents on these units over a IS-year period will be about $S,242,000. Case inquired if it would be better for the City to find an older building in an existing TIF district than building a new building and establishing a new TIF district. Enger responded it is very difficult to provide affordable new UNAPPROVED MINUTES July 20, 1999 Page 7 construction units. If you can deal with existing construction you may get more for your money, but most affordable housing is not located in the suburbs because that is where older houses are, so money goes further if you can use existing buildings. There were a couple of instances where the City encouraged that; however, it is more difficult to modify an existing building. A TIF district can be established anywhere within the City. Thorfinnson said the City is buying down a certain amount of rent, so $500-$600 will cost the same to buy down whether it is for new construction or existing building. Mayor Harris added that an older building would probably not meet existing standards required by the Americans with Disabilities Act and would have to be remodeled. Mayor Harris inquired if anyone would like to address the Council on this proposal. No one did. HRA moves to: MOTION: Thorfinnson moved, seconded by Tyra-Lukens, that the HRA close the public hearing; and adopt Resolution 99-118 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. Motion carried 5-0. MOTION: Case moved, Tyra-Lukens seconded, to close the HRA meeting. Motion carried 5-0. City Council moves to: MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the public hearing; and approve Resolution 99-118 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. Motion carried 5-0. D. ADOPT RESOLUTION 99-119 ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR LINCOLN LANE STREET AND STORM SEWER IMPROVEMENTS, I.C. 52-196 Enger said that official notice of this public hearing was published on July 8 and 15, 1999, in the Eden Prairie News. Dietz said a feasibility study has been prepared for Lincoln Lane. The study identifies seven benefiting properties 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 benefiting properties have been previously assessed for sanitary sewer and water main. Dietz said the City Council approved a special assessment policy in 1989. A $16,000 maximum cap was established in that policy. The City has not dealt with UNAPPROVED MINUTES July 20, 1999 Page 8 this in many years and believes it is time to update the policy. For that purpose, Staff used the Engineering News Record Construction Cost Index, which has tracked building materials, construction and labor for 20 cities, including Minneapolis, as a way of monitoring costs. Staff suggests giving the property owners credit for their previous assessment and using the special assessment cap to adjust for inflation. The pure rationalization process used by Staff results in a revised maximum assessment of$19,600 for homesteaded residential parcels, and this is what Staff is recommending. With the revised maximum assessment and credit for the previous assessment (adjusted for inflation), the net assessment for these street and storm sewer improvements is estimated at $12,444 for most of the properties. This would be a 20-year assessment, with simple interest on the unpaid balance. Dietz said the City prefers to have City water and storm sewer in place in new neighborhoods. There has been an average increase in home values of 42 percent since 1989, and Staff is proposing to increase the amount of the cap by 31 percent. Thorfinnson said he didn't like to tie an increase in the maximum assessment to approval of the project being requested at this meeting. Mayor Harris said the question the Council is being asked to address is approval of the resolution. Dietz said his plan was to bring the subject of the assessment increase forward at a future meeting, perhaps at a workshop. He believes this would bring a slight increase to Lincoln Lane properties that would be an advantage to the property owners of about $200 per lot. He proposed that this be formalized at a future workshop. He asked Rod Rue to review the project for the Council. Rue said he has been working on this neighborhood project for over a year. In 1998 a petition was received, signed by six of the seven property owners, asking for improvements to Lincoln Lane. A project for Lincoln Lane was reviewed in the summer of 1998 with the County to make sure the storm sewer would line up with the County 4 project. Lincoln Lane is currently a gravel road, with the exception of the intersection, which was paved to accommodate the change in grade resulting from the expansion of County Road 4. Lincoln Lane has had a lot of drainage problems from the road onto adjoining properties. Street and storm sewer improvements are needed. The estimated total cost of the project would be $98,700. Staff is recommending the assessments be split on a lot-unit basis, which is approximately $12,900 per lot. This neighborhood was assessed in 1974 for water and sanitary sewer. The feasibility study on the current project was sent to residents, after which a neighborhood meeting was held to discuss the project. After Rue met with Dietz about the feasibility study, a different way of calculating the maximum assessment was done, resulting in a revised maximum assessment. The total assessment to the neighborhood is $90,300; the city's share is $6,600. It is proposed to fund this through the storm water utility fund over 20 years. If project is approved, the Council is also requested to approve the plans and specifications. Staff expects to have the project bid by August 12 and to request approval of the bid at the August 17 Council meeting. Mayor Harris said Council would not take any action on reVISIOn of the UNAPPROVED MINUTES July 20, 1999 Page 9 assessment cap at this meeting, but would deal with this issue at another time and make adjustments for this project if needed. Enger said this matter would be placed on the workshop schedule. MOTION: Tyra-Lukens moved, seconded by Case, to approve Resolution 99- 119 ordering improvements and preparation of plans and specifications for Lincoln Lane street and storm sewer improvements, I.C. 52-196. Motion carried 5-0. E. ADOPT RESOLUTION 99-120 GRANTING A TAX ABATEMENT FOR ADC TO FUND PUBLIC IMPROVEMENTS ON TECHNOLOGY DRIVE Enger said official notice of this public hearing was published on July 8, 1999, in the Eden Prairie News. Uram referred to his memo to Council regarding ADC tax abatement. Tax abatement is used primarily to construct public improvements. In this case, ADC has agreed to construct the improvements to Technology Drive, which the City had planned to do in 2005, concurrent with the construction of Phase I of their corporate headquarters. Due to the lack of City funding, other sources of financing including the use of tax abatement have been identified. State statutes allow cities to abate taxes when a number of criteria have been met and after a public hearing. Since tax abatement is available for constructing public improvements, Staff is recommending this alternative. The cost of these improvements is estimated at $2 million. It is proposed that this 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 considered in making this recommendation: (1) size of project, (2) land use, (3) project value estimated between $56 to $85 million, generating about $300,000 in local taxes, (4) improvement project costs, (5) project timing. Mayor Harris told Wayne Stewart, Corporate Vice President of Operations for ADC Communications, that the City is very pleased .ADC has selected Eden Prairie for its world corporate headquarters. Tyra-Lukens asked if the cost of the improvements should come to more than $2 million, is ADC required to pick up the excess cost or can they require the City to pay 70% of the total cost rather than the $1.4 million projected cost. Uram replied he understands that ADC will pick up the extra cost. Pauly added if the total cost is estimated to go over $2 million, the City has the option of reducing the scope of that project to the $2 million cap. Case pointed out the maximum tax abatement of $300,000 annually would result in the City losing some flexibility for five years via tax abatement. Mayor Harris inquired if anyone wished to address the Council about this proposal. No one did. UNAPPROVED MINUTES July 20, 1999 Page 10 MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the public hearing and adopt Resolution 99-120 for Tax Abatement for ADC Telecommunications, Inc. Motion carried 5-0. 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 99- 121 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change) Enger said official notice of this public hearing was published on July 8, 1999 in the Eden Prairie News. In 1995 Tandem Properties submitted a plan to construct a neighborhood retail center, convenience store and commercial complex, but the City Council did not approve the plan, saying an office complex would be preferred on this site. Rick Sathre of Sathre Bergquist represented Tandem Properties. He said the only issue that came out of the Planning Commission meeting was whether additional traffic at the comer of Dell Road and Cascade Drive would burden Dell Road and if a signal is warranted. However, warrants for a signal should not be driven by this proposed development. The one-story office building being proposed has a sloped roof, giving the building a residential flavor. Case inquired if more oak trees could be preserved. Rick Sathre replied the City Forester went over the site and it was decided the most important trees to save are along the south edge of the property and along the east side, where they form a buffer for the neighbors. Uram said the project being proposed is a one-story office building with 26,773 square feet. The Planning Commission voted 4-0 to approve the project at their June 14, 1999 meeting. The developer has tried to save as many trees as possible on the site. Lambert said the Parks and Recreation Commission reviewed the project at it June 21 meeting and voted 4-0 to approve it, based on the Planning Commission and City Staff reports. Case wondered why, when the Council approved the day care at this location, the NURP pond was not required to handle the whole site. There is a pond across the road, and Case asked if that could be used. Dietz responded he believed it had to do with saving "trees, which would need to be removed for a larger NURP pond. Al Gray, City Engineer, replied the City did review that issue. Jamestown was developed prior to the statute requiring NURP ponds. The pond across the road is /0 UNAPPROVED MINUTES July 20, 1999 Page 11 quite remote, and it may be more difficult in the future to remove sediment from that pond, which is in people's back yards, so he thought it most appropriate to put the additional NURP pond on the office site. He believes the location of the NURP pond that is proposed is the best option in terms of the building design in relation to the pond. Mayor Harris inquired if anyone wished to address the Council on this project. Barbara Boyle, 18322 Cascade Drive, expressed the concern that she might not be able to park on Cascade Drive when this building is constructed. She asked for permission for the residents of Cascade Townhouses to park in the lot adjacent to the office building. She is also concerned about the need for another NURP pond and supported Al Gray's views on this. MOTION: Thorfinnson moved, seconded by Case, to close the public hearing. (No vote was taken. Discussion followed.) Case said he would like to have the NURP pond issue looked into further by Staff and the developer. He would prefer to save some of the trees that would have to be removed to build the NURP pond on the site. With reference to the request to park on the developer's site, Pauly said the owners of the townhomes come and go, and the only way land owners surrounding that parking area could be assured of the right to park there would be to obtain an easement from the owners of the parking lot. He doesn't know what the city can do to require an easement but the owners of the parking lot may be willing to grant one. Sathre said this Ms. Boyle brought this request to the Planning Commission meeting. He doesn't know to what degree the property owners would agree to make room for those cars in the lot; but there is the issue of liability to consider with regard to overnight parking. However, he thought some sort of agreement could be worked out. Gray stated Cascade Drive was never designed for parking; there is no parking lane, so people aren't losing the right to park on that street because of this project under discussion. The townhouse owners should work out a solution with the townhouse association. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution 99-121 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. Motion carried 5-0. Sathre requested permission to grade as soon as the Council will allow it. II UNAPPROVED MINUTES July 20, 1999 Page 12 Case said the property would have to remain untouched until resolution of the NURP pond issue. MOTION: Tyra-Lukens moved, seconded by Case, to allow an early grading permit, excluding that portion of the project subject to resolution of the NURP pond issue and subject to proponent's risk. Motion carried 5-0. (The Council recessed at 8:40 p.m. and resumed meeting at 8:55 p.m.) 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 comer of Anderson Lakes Parkway and Center Way. (Resolution 99-122 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change) Enger said official notice of this public hearing was published on July 8, 1999, in the Eden Prairie News. He asked the proposer to make a presentation. Dennis Sutliff of ESG Architects, Inc., representing S & H Realty Management Co., and BRW, Inc., stated this property is located at the southwest comer of Anderson Lakes Parkway and Center Way. This is a IS-unit townhouse project, which will be located on the east side of the property and a NURP pond will be on the west portion of the site. The townhomes will have three bedrooms and three bathrooms. Two buildings are on Anderson Lakes Parkway. There is parking for all the units; each has a double enclosed garage and space for two cars behind. The architectural design and materials they proposed using are consistent with materials being used on another development managed by S & H. Sutliff said members of The Preserve Association appeared before the Planning Commission and some concerns were raised. Sutliff met subsequently with association members and said he would be happy to deal with City Staff regarding their concerns. One is additional traffic on Anderson Lakes Parkway because of the development. Sutliff said he may ask that a four-way stop be put in at the intersection with Center Way in the future. The other was that of storm-water management. The system for the new development was designed to handle a 10- year rainfall event; however, there is a backup system to handle a 100-year event. The developer has agreed to have continuing discussions with the association to work out these concerns. Dram said this project being proposed is for 15 units in an area that had previously been proposed for 21 units. The Planning Commission continued the project at its June 14 meeting to allow The Preserve Association's architectural review committee to review the architecture. The Planning Commission recommended approval ofthe project at their meeting on June 28. Mayor Harris inquired if anyone wished to address the Council about this project. 12- UNAPPROVED MINUTES July 20, 1999 Page 13 Elena Delpin-Lund, 9515 Leaftop Circle in The Preserve, has lived in Eden Prairie for four years. In that time she has witnessed great changes in the Eden Prairie landscape that didn't always improve the quality of life. She believes these new townhomes will impact the landscape and the quality of life in a negative way. She has a problem with the definition of medium-density housing, because she understands that density pertains to the number of dwellings, not the number of people and cars. There is a potential for overcrowding. She knows from personal experience this will develop into shared living arrangements. If any of them are rented, there will be problems of over-parking, neglecting the property, etc. She requested that fewer units be built on the lots to allow the units to stand farther back from the road. She also asked that the Council take steps to assure native trees be planted to give a more natural look to the property. She requested that the Council look at the City's Guide Plan again. Guide Plans can no longer exist in a vacuum; the City should strive to conform to the wishes of citizens who live in the surrounding areas. She has had the feeling at Planning Commission meetings that a decision has already been made before the meeting. Citizens need to be involved from the beginning of a development. Diane Sands, a neighbor of Delpin-Lund, requested that the Council re-think the proposed development that would put so many town houses on two acres of land. The Council should explore a way to save this property from development. There are a number ofDNR programs to purchase the property from the owners, and she asked the Council to look into doing this. A lot of people have expressed concern about this project. Carol Bomben, 9260 Talus Circle, The Preserve Association President, wanted a commitment from the Council to look at the landscaping more seriously because this is the last piece of property that can be preserved. If the development goes forward, she would like the landscaping to be as natural as possible. MOTION: Tyra-Luken moved, seconded by Butcher-Younghans, to close the public hearing. (The motion was not acted on. Discussion followed.) Lambert said, with regard to the City purchasing this parcel, the City can apply for a grant from the DNR, but realistically the City doesn't have much chance of receiving one for a parcel of this type. The land in this proposal is not part of the Greenway Corridor. The City applied for a Greenway grant, which was not approved because the price of the land was so expensive. It would cost $500,000 to buy that parcel of land, whereas in other parts of the State the DNR can get more land for the money. Case said we have a process in place to purchase land. The City has already purchased 200,000 acres. Many groups ask the City to buy land near them so it won't be developed. Dietz responded to the request for four-way stop signs at the intersection of UNAPPROVED MINUTES July 20, 1999 Page 14 Anderson Lakes Parkway and Center Way. The City has not received a lot of requests for anything at this intersection. A four-way stop is a problem because it causes all cars to stop, also causing more air pollution, and it is unlikely the City would agree to that. Anderson Lakes Parkway is a B-minor arterial, which gives access into the community, and to take away access defeats the purpose of the road. He would be willing to look at a right-turn lane into Anderson Lakes Parkway from Center Way, although that is usually reserved for a road with a higher speed than 30 mph, which is posted on Anderson Lakes Parkway. Tyra-Lukens asked about the drainage issue and problems with washouts at certain times of the year. She asked if the City Engineer thought provision for a 10-year rainfall would be adequate. Gray responded all storm sewers are designed for a 10-year event, so that is not unusual. The problem in this case may be that all the storm water moves through the casket before reaching the pipe. The pipe capacity may be there, and when it is connected to the NURP it should work better. He said he would review the hydraulic capacity. Butcher-Y ounghans stated she heard the concern expressed by one of the residents of The Preserve about the need for a green barrier along the Anderson Lakes Parkway in terms of trees. On the plan, this appears to be six 3" deciduous trees on the Anderson Lakes Parkway side of the property, which seemed to her very minimal. Sathre responded that the architects agreed to review the landscaping plan with The Preserve Association. One item would be to use more native species of trees rather than ornamental. He said they intend to do this, and to preserve all significant vegetation on the site. Butcher-Younghans she understands there would be 18 trees on the interior of the 15-unit townhouse complex and 6 on the exterior that many people will pass. This seemed aesthetically unbalanced to her; so she asked Sathre to work with The Preserve Association because of the visual impact to them. Tyra-Lukens asked if there is extensive grading in the northeast comer of the site, and if so, that would preclude preserving the grasses that are there. Sathre replied no, but on the west side there are willows and sumac. He plans to save them and the native grasses. Case asked for a Council condition that the developer work with The Preserve Association on the landscaping plan, and that Staffbe in contact with this process. MOTION: Butcher-Younghans moved, seconded by Case, to close the public hearing; and adopt Resolution 99-122 for PUD Concept Amendment on 2.62 acres to the overall Preserve PUD; and approve 1 st 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 a Council condition to review the landscaping plan with The Preserve Association and the Staff. Motion carried 5-0. H. SPRING HILL SUITES by CSM Lodging, Inc. Request for Planned Unit /'-/ UNAPPROVED MINUTES July 20, 1999 Page 15 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 99-123 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment and Resolution 99-124 for Preliminary Plat) Enger said official notice of this public hearing was published on July 8, 1999, in the Eden Prairie News. He asked that the proponent make his presentation. Dave Carland, Vice President of Development for CSM Lodging, Inc. This proposal is for a 71,200-square-foot, four-story Spring Hill Suites hotel and a 6,895-square-foot Hops restaurant. Architecturally the hotel is similar in style and scale to the existing Towne Place Suites hotel, located nearby. Uram said the Planning Commission voted 4-0 to approve the proj ect at its June 14 meeting. Mayor Harris inquired if anyone wished to address the Council on this project. No one did. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the public hearing; and adopt Resolution 99-123 for PUD Concept Amendment on 4.12 acres to the overall Town Place PUD; and approve 1 st 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 Resolution 99-124 for Preliminary Plat on 4.12 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. I. VACATION 99-06 OF RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENTS IN TECHNOLOGY CAMPUS (Resolution 99-125) Enger said official notice of this public hearing was published on July 1, 1999, in the Eden Prairie News. He explained 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. Mayor Harris asked if anyone wished to address the Council on this project. No one did. MOTION: Case moved, seconded by Butcher-Y ounghans, to close the public hearing; and adopt Resolution 99-125 vacating the right-of-way and drainage and utility easements as described in the resolution. Motion carried 5-0. VII. PAYMENT OF CLAIMS 15' UNAPPROVED MINUTES July 20, 1999 Page 16 MOTION: Thorfinnson moved, seconded by Butcher-Younghans, 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 x. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Councilmember Butcher-Younghans' Presentation on Von Maur Butcher-Y ounghans visited a Von Maur department store in Illinois. She took some photographs in the store, which she showed Council. The second phase of renovation of the Eden Prairie Center will include a Von Maur store, which is scheduled to open in 2001. 2. Councilmember Thorfinnson -Parking at Champp's Thorfinnson said he has noted parking around the new Champp' s has caused congestion in the parking lot, and wondered how this can be handled. Enger said the City is aware of this and is under active negotiation with Champp's. The owners have asked the City to allow parking on the street temporarily, while they look for other opportunities to purchase parking in the area. The City has other issues with the way Champp's is being used now but Staffwill stay in touch with the problem. B. REPORT OF CITY MANAGER 1. Special Recognition Announcements Enger announced special accomplishments of the following Staff members. Special recognition was given to Finance Director Don Uram, who has passed the Cash Management and Investments Examination and the Debt Management Examination administered by the Government Finance Officers Association of the United States and Canada. The Certification Program is a broad educational program designed to verify /0 UNAPPROVED MINUTES July 20, 1999 Page 17 knowledge in the disciplines of government finance. Completion of the examination process results in the designation of Certified Public Finance Officer (CPFO). Uram earned the top score on the Investment exam. Special recognition was given to 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. Recognition was also given to 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. Recognition was given to 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. Mayor Harris offered congratulations to all of them. c. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. 1998 Comprehensive Annual Financial Report (CAFR) Uram said the independent auditing firm of Eide Bailly LLP has reviewed the City's 1998 Comprehensive Annual Financial Report, and will make a presentation of the significant findings to the Council. Dave Stene, a partner in the accounting firm, reported the audit went very well. The financial condition of the City is very good. The firm did some testing on Federal and State compliance and found no exceptions. Testing was done on the internal control systems. They also did a single audit covering grant money received by the city, which was more than $300,000. There were no exceptions or problems in that area. They need to follow the legal compliance guide; they look at special things such as deposits, debt, bidding procedures and conflicts of interests, and there UNAPPROVED MINUTES July 20, 1999 Page 18 were no exceptions noted in those areas. There were a couple of minor changes; one on investments and one on deferred compensation. Stene said the accounting firm is getting good information from the Finance Department throughout the year. The overall operations are very good. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to adopt the 1998 Comprehensive Financial Report. Motion carried 5-0. 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 99-126) Dietz reported that three bids were received on July 15 for these improvements. The low bid was received from Valley Paving, Inc. in the amount of $450,079.75, which is approximately $9,000 above the engineer's estimate. The City recommends awarding the contract for these improvements to Valley Paving, Inc. The project is being financed by the Tax Increment Fund. It is anticipated the roadway portion will be completed by September 15, with a majority of the traffic restrictions occurring before school starts. Due to the long delivery of signal components, the signal completion is anticipated by November 1. MOTION: Tyra-Lukens moved, Thorfinnson seconded, to approve Resolution 99-126 awarding a contract for signal and intersection improvements at Mitchell Road and Anderson Lakes Parkway/Scenic Heights Road to Valley Paving, Inc. Motion carried 5-0. 2. Approve Plans and Specifications for Lincoln Lane Street and Storm Sewer Improvements, I.C. 52-196 (Resolution 99-127) Dietz asked for approval of the plans and specifications and authorize bids for this project. MOTION: Case moved, Butcher-Younghans seconded, to approve Resolution 99-127 approving plans and specifications and ordering advertising for bids for I.e. 52-196, Lincoln Lane street and storm sewer improvements. Motion carried 5-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY UNAPPROVED MINUTES July 20, 1999 Page 19 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. Mayor Harris stated, if you wish to visit with the City Council and Service Area Directors at this time, it is important that you notify the City Manager's office by noon of the meeting date with your request. B. FUTURE WORKSHOP DISCUSSION Mayor Harris notes there are upcoming Suburban Rate Authority issues that are critical to the City. Councilmember Case is the Council's representative to that body, and Harris recommended Case give the Council an update at a Council! Staff Workshop in the near future. Case said he thought this would be appropriate. Staff was asked to arrange this with Councilmember Case for a future workshop. XIV. ADJOURNMENT MOTION: Tyra-Lukens moved adjournment of the meeting. Mayor Harris adjourned the meeting at 10:05 p.m. CITY COUNCIL AGENDA DATE: August 3,1999 SECTION: Consent Calendar SERVICE AREAlDIVISION: 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 Air Conditioning Associates Inc Air Masters Inc Cool Air Mechanical Inc Countryside Heating & Cooling Karkela Construction Inc M-ConInc Martens/Sammon Heating & NC New Mech Companies Northridge Plumbing Co R E Almquist Construction Inc Ridgeview Construction Ron Conrad Construction Co Inc Vanguard Construction Inc RAFFLE Central States Dressage & Combined Training Association to hold raffle at Bearpath Golf & Country Club on November 20, 1999. 30-day waiver requested. August 3, 1999 - 1 - / CITY COUNCIL AGENDA SECTION: Consent Agenda SERVICE AREAlDIVISION: ITEM DESCRIPTION: Community Development Donald Uram Mirh~pl T.'. Requested Action Move to: Flying Cloud Corporate Campus Phase II DATE: 08/03/99 ITEM NO.: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers on 24.87 acres; and • Adopt the Resolution for Site Plan Review on 24.87 acres; and • Approve the Developer's Agreement for Flying Cloud Corporate Campus Phase II Synopsis Liberty Property Trust is proposes to develop five, single-story office buildings totaling 219,600- sq. ft. in three phases at the comer of Anderson Lakes Parkway and Columbine Road. Attachments 1. Ordinance for PUD District Review and Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreement J FLYING CLOUD CORPORATE CAMPUS PHASE II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 1999-PUD-14-99 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 between Columbine Road and Highway 212 from Rural to Office. 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.) FLYING CLOUD CORPORATE CAMPUS PHASE II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-99-PUD-14-99 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 placed in the Planned Unit Development Office Zoning District 19-99-PUD-14-99(hereinafter "PUD-14-99-0ffice"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 3, 1999, entered into between Liberty Property Trust and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-14-99-0ffice, and are hereby made a part hereof Section 4. The City Council hereby makes the following findings: A. PUD-14-99-0ffice is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-14-99-0ffice 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-14-99-0ffice are justified by the design of the development described therein. D. PUD-14-99-0ffice 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. 3 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-14-99-0ffice 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. publication. This Ordinance shall become effective from and after its passage and 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 3rd day of August, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _____________ ' Exhibit A Flying Cloud Corporate Campus Phase II Legal Description: PLANNED UNIT DEVELOPMENT PROPERTY DESCRIPTION Outlot C, Staring Lake Clubs, Courts and Villages, the following portion being registered property: That part of OutlotC, Staring Lake Clubs Courts and Villages, lying Northerly of the center line of former County Road No. 2 as delineated in the plat of Research Farm Addition, Hennepin County, Minnesota. AND That part of the Public Street (Columbine Road Extension) as dedicated in the plat of Research Farm 2nd Addition, lying easterly ofthe following described line: Commencing at the northwest comer of Outlot C, Staring Lake Clubs Courts and Villages, according to the record plat thereof; thence southerly 148.22 feet along the west line of said Outlot C having a radius of 952.73 feet and a central angle of 8 degrees 54 minutes 49 seconds to the east line of said Public Street and the point of beginning of said line to be described; thence southerly 11.78 feet along the southerly extension of said west line having a central angle of 0 degrees 42 minutes 31 seconds to a point of compound curvature; thence southerly 120.71 feet along a 533.58 foot radius curve having a central angle of 12 degrees 57 minutes 41 seconds to the intersection with a line drawn parallel with and distant 35 feet easterly from the centerline of Columbine Road as dedicated in said plat of Staring Lake; thence southerly 80 .. 27 feet along said parallel line having a radius of 946.73 feet and a central angle of 4 degrees 51 minutes 29 seconds to the south line of said Public Street and there terminating. SITE PLAN AND ZONING PROPERTY DESCRIPTION That part of Outlot C, STARING LAKE CLUBS COURTS AND VILLAGES, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPT that part lying southerly of the following described line: Commencing at the southeast comer of said Outlot C; thence North 00 degrees 08 minutes 03 seconds East, assumed bearing along the east line of said Outlot C, a distance of 651. 61 feet to the point of beginning of the line to be described; thence South 89 degrees 35 minutes 58 seconds West, a distance of 942.59 feet to the west line of said Outlot C and said line there terminating. FLYING CLOUD CORPORATE CAMPUS PHASE II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR FLYING CLOUD CORPORATE CAMPUS PHASE II BY LIBERTY PROPERTY TRUST WHEREAS, Liberty Property Trust has applied for Site Plan approval of Flying Cloud Corporate Campus Phase II on 24.87 acres for construction of five, single-story office buildings totaling 219,600 sq. ft. The project is located between Columbine Road and Highway 212 and is to be zoned Office on 24.87 acres by an Ordinance approved by the City Council on August 3, 1999; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 24, 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 July 6, 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 Liberty Property Trust for the construction of five, single-story office buildings totaling 219,600 sq. ft. of office space, based on plans dated April 2 and May 7, 1999, between Liberty Property Trust and the City of Eden Prairie. ADOPTED by the City Council on August 3, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk DATE: August 3, 1999 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO:~ , C .. SECTION: SERVICE AREA: ITEM DESCRIPTION: Public Works Final Plat Approval of RDA Center Engineering Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of RDA Center Synopsis This proposal consists of replatting Lot I, Block 1, Lunds Center Addition into two lots. The 6.1 acre site is located south of Prairie Center Drive and east of Franlo Road. Background Information The preliminary plat was approved by the City Council July 6, 1999. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of $646.60 Attachment Drawing of final plat RS:ssa I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF RDACENTER WHEREAS, the plat of RDA Center 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 RDA Center is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 3, 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 August 3, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, Clerk w ---.... 'I I ::: I I ;;: I : .. : I i;' I I I I ~--I I I '" I .. I :': I :co I i;' I I I I E:::::': RDA CENTER F f~ ,':~ !f~ if: (::: :':! f~ F~ ~ --~'-'-L·~~·:~i~ ~ ~ _____ ------- r -:~ ,'.'.: ~~ ::~ ___ ~A.Cf-_ T BLOCK ~::~ :'J T f: F~ N88"IO'44"E 70869 ,- ".'~,I. ':,<v' ,',-'.' "~-(,<,, [::?i":'E: ,,,..., 22J.02r---l llr 1 __ OiI:..........cE~UTI.Hl \ -~'-';--EASI'l"1Ot01 2 I I i I :': f:: H ~I ~ :'; \~I~; i~i I ~ .,: ::: :~: t, 1 J. ~g_ --10 ";' ,_~~~lIfl.11'r ';' 8 L _________ l __ ~~_ ----~--- ~ §~W'44"W 848.69 :'():~:H(::' (; \:~::"!H~)H:: ::DEi'i Hil.i. KNOW ALL PERSONS BY THESE PRll:SENTS: That Realty Devc::lopment Advi:wu. LLC, a Minnc::,ola limih::d.liability company. fee owner of[ollowi.na; dQCribcd propaty situab:d in the County of Hennepin. Slate ofMinnQ,ola, to wit: • Lot I, Block I. LlJNDS CENTER ADDITION. Hennepin County, Minnesota Has clused the slmc:: to be surveyed and plaUed as RDA CENI'ER and dOC3 bereby donate and dedicate to the public tOr public lUe for~er the drainaie and utility ea.scmc:nts IS mown on the plat In witness wbereaf said Realty Development Advisou. LLC, a Minnesota limited liability company bas caused these presents to be signe:d by its proper officer thi!l~~~_day of 199 __ . NURHI Realty Development AdYbo .... u.c, Lee Stedman. President/CEO o 60 ~~~FO';F'=--=--_-_-_~_-_-_-_ r.n...J20 The forq,oina instrument waa acknowleda;ed before me tbis~~~day of . 199~ __ , by. Lee Stedman, President/CEO of Realty Development Ad"isors, LLC, a Minn~ota limited liability company on behalf of said company. SCALE IN FEET Notary Public. County. _~__~ My CommiSlionExpires._~~~~~~~~~~_ ~;;i:' ; ''':;'L~~Fdf!:'''0 ""~~,:~ ~~ ~w~ ~ 0 ~ ~i'l ~,,~ ~~~~ ~"<t:2~,, ~ :;:,.%."».%.~ , :."u -alm~ DRAFT C<,~, Bearings shawn are assumed. o Denotes 1/2 inch iron pipe set morked RLS 25718 • Denole5 found iron monument Cft DOC. NO. [ hereby certify lhIt [ have: .wvc:yed and platted the land dcacribc:d on tbi. plat .. RDA CENTER; that dIiI plat i. a correcl rcprc:aent.tion of lb.e: .urvc:y, that III diatancca are: correctly .hOWD on rhe: plat in fect and hundredahs of a foot; lhI' all monumcnb haw bc::cn correctly pI.ced in the around II ahown; dUd the outaidc boundary linea are ctuCcdy dcaipated on die: pi .. , and Ihat dac:rc are no wc:tlmda I. define:d in ~finncaota Statute. SectioD SOS.02 Swdimion 1 or public bialn .... y. to be dcaignated. Daniel L. Thurmc:a, Land Swvq'or l\.1inne.ota licenJe No. 25718 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing SUlVq'Or'. Certificate W&I adnoMed&cd before me di.1~~~_doy of 199-, by Daniel L ThurmC::', Land SwvC)'or. Notary Public, Hennepin County, MinnClota My Commiuian Expire. Januuy 31, 2000. EDEN PRAIRIE, MINNESOTA ili. pi .. , RDA CENTER ... 11 approved md .cceped by the City COlmc.il of the City of Eden Prairie, Minncaota. at • reaubr mcetina thereof hdd tbi.~~~~doy .f "~ .. 199 ____ ~. If applicable, the written cammcnlS and recommendatiolU of the Commissioner of Transportation and the CoWtty Higln .... y Engineer have been reccivc::d by the City or the pteacribcd 30 day period baa clapaed mllaout receipt of .uch commcnta and reconuncndationa, IS p"o~dcd by Minncaota Statute., Section SOS.03, Subdiviaion2. CITY COUNCIL OF THE CITY OF EDEN PRAlRlE, MINNESOTA By ,Mayor By , City MMu&" TAXPAYER SER'1CES DIVISION, HCIUlcpo COWlty, 1I._cao .. [hereby certify that tuCi payable in 199_ and prior yean havc been paid fOl" l .. nd de.cribc:d onlhisplal DatedthU~~~~dayof .199~_. Pabick Ii O'Connor, Henncpin County Auditor; By ,Deputy SUR\'EY SECTION, Hennepin County, Minnesota Pursuant to ~fumCiota Statutes Section 3838.565 (1969) this plat has been approved Ibis ___ <lay of ,199 __ . Guy F. Cuwell, County Swvq'or; l:Iy_~~~ __ ~~~~~_ COUNTY RECORDER. H .... cpin CoW>ly, Minn ..... I bm::by certi1Y that the plat of RnA CENTER waa filed in tli.a office Ibis ~~_doy of . 199 ----' a'~~~_o'clock __ .M l\fichacl H Cunniff, COWlty Recorder; By , Deputy " EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 08-03-99 SECTION: CONSENT CALENDAR ~Th ITEM NO. DEPARTMENT: ITEM DESCRIPTION: Community Development Don Uram PERKINS SUBDIVISION Michael D. Franzen Requested Action Move to: • Approve the Developer's Agreement for Perkins Subdivision Synopsis This is a 3 lot single family subdivision. Attachments 1. Developer's Agreement I DEVELOPER AGREEMENT PERKINS SUBDIVISION THIS AGREEMENT is entered into as of August 3, 1999, by James and Raynell Perkins, husband and wife, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Preliminary Plat of 3 acres into a 3 lot single family subdivision with variances approved by the City Council upon review ofthe decision ofthe Board of Adjustments and Appeals, all on 3 acres legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 99- for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated January 19, 1999, reviewed and approved by the City Council on March 2, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. 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 release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of 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 design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 4. PRIVATE DRIVEWAY: Prior to the release of any final plat for the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of a reciprocal, joint access and maintenance agreement for the shared private driveway. Prior to the release by the City of any final plat for the Property, Developer shall submit proof to the City Engineer that the approved reciprocal, joint access, maintenance and use agreement for the shared private driveway has been filed against the Property with the Hennepin County Recorder's/Registrar of Titles' Office. 5. SANITARY SEWER EASEMENT, MAINTENANCE AND USE AGREEMENT: Prior to the release of any final plat for the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of a sanitary sewer easement, maintenance and use agreement for the shared private sanitary sewer system. All sanitary sewer facilities shall be privately owned and maintained. Prior to the release by the City of any final plat for the Property, Developer shall submit proof to the City Engineer that the approved sanitary sewer easement, maintenance and use agreement for the shared private sanitary sewer system has been filed against the Property with the Hennepin County Recorder's/Registrar of Titles' Office. 6. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of any final plat for Property, Developer agrees to sign an assessment agreement with the City for trunk sewer 3 and water assessments for an assessable area of3.02 acres at the rate then in effect. 7. REMOV AL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer agrees to submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration ofthe Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $ to guarantee that Developer completes implementation of the approved plan. The city agrees to return to Developer the $ deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation ofthe approved plan. 8. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in 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 implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 9. TREE LOSS -TREE REPLACEMENT: There are 1,501 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 516 diameter inches. Tree replacement required are 226 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 226 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer agrees to complete implementation of the approved tree replacement plan prior to building permit issuance. 10. VARIANCES: Developer agrees to the develop the Property in accordance with the following variances granted by the City. 4 Code Requirement Variances Lot 1 Lot 2 5 acre without sewer and water 1.2 acres 1.18 acres 300-foot lot width at building line 220 feet 170 feet 150-foot lot width at OHW Meets req. Meets req. 100-foot setback from OHW Meets req. 75 feet 90-foot street frontage; 55 feet on cul-de-sac 25 feet 0 feet Frontage on public street Meets req. 0 feet Alteration or structure within 50 foot shore impact zone Grading Grading Lot 3 .62 acres 120 feet 145 feet Meets req. 45 feet Meets req. Grading 11. 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. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER James Perkins Raynell Perkins STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) CITY OF EDEN PRAIRIE Jean L. Harris, Mayor Christopher M. Enger, City Manager The foregoing instrument was acknowledged before me this __ day of , 19_, by Jean L. Harris and Christopher M. Enger, respectively the Mayor and the City Manager ofthe City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Notary Public The foregoing instrument was acknowledged before me this __ day of _______ , 19_, by , husband and wife. Notary Public DEVELOPER'S AGREEMENT EXHIBITC I. 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. II. 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 District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fees applicable to the Property is $ __ per acre/unit. The amount to be paid by Developer shall be increased or decreased to the extent that the City Code is amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the Property. IV. 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. V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors, and their assigns of the Property herein described. VI. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) 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 a current title insurance policy insuring such a condition of title. 'I 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.Ol, 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. D. 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. VII. 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. VIII. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. IX. 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. X. 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. XI. 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. XII. 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), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIII. 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. XIV. Prior to building permit issuance, provide two copies of an approved surveyor site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XV. 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. EXIDBITD EROSION CONTROL POLICY August 1, 1997 1. All construction projects permitted by the City of Eden Prairie which results in the temporary disturbance of vegetative or non-vegetative surfaces protecting soils from erosion require the use of Best Management Practices (BMP's) as outlined in the Minnesota Pollution Control Agency's manual, Protecting Water Quality in Urban Areas, to mitigate the impact of erosion on wetland and water resources. The City Engineer or the Director of Inspections may impose special conditions to permits which stipulate erosion control procedure's and/or direct the installation of erosion control features or the clean up of erosion at construction sites. Permits affected by this policy include all grading permits, building permits, and permits for the installation of utilities. 2. All erosion control systems stipulated in the permit application shall be installed prior to the issuance of the permit. Supplemental erosion control systems ordered by the City Engineer or the Director of Inspections shall be installed within 48 hours of that order. 3. All erosion control systems must be maintained by the applicant in a functional condition until the completion of turf and/or structural surfaces which protect the soil from erosion. The applicant must inspect erosion control biweekly and immediately after each rainfall event of .5 inches or more. Needed maintenance shall be performed within 48 hours. 4. Best Management Practices (BMP's) shall be utilized at all construction sites to minimize the trackage or spillage of soil on public streets or highways. BMP's may include, but are not limited to, rock construction entrances, washing stations, frequent cleaning of streets adjacent to the construction site or limiting operations when site conditions are unmanageable. Trackage or spillage of soil on a public street or highway must be cleaned by power sweepers within the time frame stipulated in the permit special conditions or as ordered by the City Engineer or the Director of Inspections. 5. If erosion breaches the perimeter of a construction site, the applicant shall immediately develop a clean up and restoration plans, obtain the right-of-entry from the adjoining property owner, and implement the clean up and a restoration plan within 48 hours of obtaining the adjoining property owner's permission. In the event eroded soils enter onto or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall remove the soil material and thoroughly sweep the street or sidewalk surface within four hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water bodies, clean up and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the clean up operations. 6. When an applicant fails to conform to any provision of this policy within the time stipulated in a written notification, the City may take the following actions: It) a. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy or other approvals. b. Direct the correction of the deficiency by City personnel or separate contract. c. Withhold the issuance of building permits d. At its option, institute and prosecute an action to enJoIn violations of this Agreement and/or an action to specifically enforce performance of this Agreement The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter upon the construction site for the purpose of correcting deficiencies in erosion control. All costs, including but not limited to, attorneys' fees and engineering fees incurred by the City in correcting erosion control deficiencies or enforcing this policy shall be reimbursed by the applicant. All invoices for erosion control correction shall be due and payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of 1 % per month or the highest legal rate. Each charge for correction of erosion deficiencies shall be a lien upon the property to which the permit applies. Invoices more than 30 days old on September 30 or any year or on any other date as determined by the City Engineer or the Director of Inspections may be assessed against the property. As a condition of the permit, the owner shall waive notice of any assessment hearing to be conducted by the City, concur that the benefit to the property exceeds the amount of the proposed assessment and waive all rights by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessment. I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy dated August 1, 1997 as set forth and agree to fully comply therewith to the satisfaction of the City of Eden Prairie, Minnesota. By: _______________ _ By: _________________ __ Owner's Signature Applicant's Signature Title Date: Title Date: /1 DEVELOPMENT NAME: Lot: ____ Block: __ _ OWNER INFORMATION OWNER (PRINT): __________________________________ _ ADD~SS ____________________________________________________________ __ CITY ______________ STATE ____ ZIP EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 8/03/99 SECTION: Consent Calendar ITEM NO. ~. C, SERVICE AREA: ITEM DESCRIPTION: Management Services Authorize Reliant Energy Retail, Inc. to provide a discount on the monthly Barbara Cross delivered price of natural gas. REQUESTED ACTION: Authorize an Energy Service Agreement Contract through Reliant Energy Retail, Inc. to provide a discount on the monthly delivered price of natural gas to qualified buildings. SYNOPSIS: Reliant Energy Retail, Inc. (Reliant), a diversified international energy services company, has acquired Minnegasco as a subsidiary due to several acquisitions and deregulation issues. Reliant will continue to keep the existing name of Minnegasco and will deliver the same service to its customers. Through Reliant, larger utility customers are eligible to receive a $.15 per dekatherm ($.015/therm) discount on the monthly delivered price of the firm sales service class we would have otherwise received from Minnegasco. In order to qualify for the reduced rate, a building must be a significant user of natural gas. Four of our buildings qualified: • Maintenance Building 15150 Technology Dr. • City Center 8100 Mitchell Rd. • Water Treatment Plant 7905 Mitchell Rd. • Community Center 16700 Valley View Rd. The contract is for 12 months beginning September 1, 1999, and is subject to renewal. FINANCIAL CONSIDERATIONS: Currently, we pay approximately $12,973 annually at an average monthly rate of$.42811dekatherm on natural gas. Through Reliant, we are expecting to save $4,535 annually with the $. 15/dekatherm discount off the posted monthly rate. I CITY COUNCIL AGENDA DATE: 08/03/99 SECTION: Consent Calendar SERVICE AREAlDIVISION: ITEM DESCRIPTION: Engineering Award Contract for Variable Frequency Drives for ITEM NO.: Well Nos. 7, 8, 9 & 10, I.e. 99-5493 V.F. Staff members are still waiting for information and will distribute it with recommendations on Tuesday evening. I CITY COUNCIL AGENDA DATE: 08/03/99 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Management Services V.G. Barbara Cross City Center Remodeling Bid Package Requested Action: Move to: Award bid package for City Center Remodeling to McFarland Construction Company in the amount of$I13,300.00. Synopsis: The total bid package is $113,300.00 and includes general remodeling costs; heating, ventilation, and air conditioning (RV AC); and electrical work. A total of 2 bids were received. The companies and bid amounts are as follows: Company Base Bid McFarland Construction Company $113,300.00 J. S. Cates Construction Co., Inc. $167,000.00 Background Information: Drawings and specifications were prepared by Wilkus Architects, Inc. Bids were advertised in conformance with public bid requirements and opened on July 27, 1999. $200,000 is included in the 1999 budget for remodeling and City Center office systems. Construction will begin in August and be completed by October 1, 1999. Bids reflect all costs necessary to meet this schedule requirement. I CITY COUNCIL AGENDA DATE: August 3, 1999 SECTION: Consent Calendar SERVICE AREA\DIVISION: SUBJECT: Award Bid for Round Lake ITEM NO. Parks & Recr~n Services Playground , Stuart A. Fox; anager Parks & 'I. ttt ~aturalResources Requested Action: Move to: Award the bid for replacement of the Round Lake playstructure to Midwest Playscapes Recreation Equipment,. Chaska, Minnesota. Bid award for replacement of the Round Lake playground is $80,000. Synopsis City staff working with consulting firm of Ingraham and Associates prepared and advertised for replacement of the Round Lake playstructure. The specifications for this project included purchase and installation of a playstructure not to exceed $80,000. Five companies bid on the project all proposing $80,000 worth of equipment. Staff evaluated the play area proposals on eight different criteria. Based on that evaluation the staff has recommended Midwest Playscape Structure as the best playground proposal. Background Information Approximately six months ago, the City staff embarked on plans to replace the existing play area at Round Lake Park. Ingraham and Associates was hired to do a site design, as well as prepare bid specifications and drawings. The budget for replacement of the Round Lake playground area was $100,000; however, the playstructure portion was limited to $80,000 The City's portion of the project will include removal of the existing playground, site grading, drainage, and site restoration. Bid Summary The playground specifications were advertised and sealed bids were received on July 20, 1999. All of the bidders were given the option of using their components to meet the playground concept that was proposed by the consulting architect. The large play component was a lighthouse structure that would have a high tower with various activities radiating out from this tower. The large structure was to include at least 16 elements of play, including play panels. / Award Bid for Round Lake Playground July 28, 1999 The second play area would be a ship structure that would give the feel or look like a boat or ship. This structure would be designed for younger age park users and would include at least 10 play elements. Also, included in the playground bid were swings, poured and placed rubber surfacing, wood fiber resilient surfacing, and play area signs. A total of five companies bid on the playground area for Round Lake Park. Staff and the consuhants used eight criteria in doing the evaluation of the various proposals. The five project bidders were as follows: • • • • • Earl F. Anderson, Inc., Bloomington, MN bid the project using Landscape Structures components. Flanagan Sales, Roseville, MN using Little Tykes Commercial Play System components. Mid West Playscapes. Chaska, MN using Playworld System components. Minnesota/Wisconsin Playground, Golden Valley, MN, using Game Time Playground components. Miracle Recreation of Minnesota, Inc., Hastings, MN, using Miracle Recreation Equipment components. Attached is a copy of the general evaluation comments regarding each of the playgrounds that was proposed by these vendors. RECOMMENDATION: The staff in evaluating assigned points from one to five in each of the criteria listed on the evaluation sheet. The playground by Earl F. Anderson and Midwest Playscapes tied for first, followed closely by Minnesota Wisconsin Playgrounds, Flanagan Sales, and Miracle Recreation. The staff is recommending that the bid for the playground area be awarded to Midwest Playscapes. The staff applied the following tie breaking criteria to arrive at this recommendation: • A higher number of play elements on the Playscape proposal. • Several ground zero components, which make for greater ADA accessibility and usage. • Addition of some unique component such as telescopes, flag, bell tower, and tall tower. • The tall tower has two play activity levels as opposed to a single one for the Earl F. Anderson proposal. Attachment: Play Evaluation Sheet SAF:mdd -A:\Award Round Lake Playstructure Bid\Stuart 99 2 Uj Round Lake Play Evaluation IAdherence to Plan(Meet components, any general comments and considerations I base components. Preferred components: track Circulation(what is route of does it make ~ CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 08/03/99 SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: V.I. Public Safety ServiceslPolice Letter of Understanding with KMC Telecom Gary 1. Therkelsen Requested Action Move to: Authorize Mayor and City Manager to Sign Letter of Understanding with KMC Telecom for the provision of local and long distance services to the City of Eden Prairie. Synopsis The Letter of Understanding between the City of Eden Prairie and KMC Telecom will provide the City with reduced rates for local and long distance telephone services for projected savings of $113,925 over the five-year term. Background Information Local telephone service has now been deregulated to the point where there may, in some areas, be opportunities for telephone subscribers to receive competitive pricing. This is similar to the change in long distance providers for the past several years. KMC Telecom has issued a proposal to and negotiated with the City for local and long distance telephone service that is priced 21.9 percent lower than the tariffed rates of our current provider, U. S. West. The projected savings the City expects to realize over the five-year term is $113,925. The City is party to a right-of-way franchise agreement with KMC Telecom in which a portion of their fiber optic network has been dedicated to the City for our use without additional charge. In addition to reduced rates for local and long distance telephone services, KMC Telecom will construct the fiber optic network between the utility easement and certain City facilities to include the City Center, Utility Plant, Maintenance Garage, and Community Center. This will permit high-speed broadband connections for voice and data between these facilities. The value of constructing these lateral connections is nearly $100,000. The Letter of Understanding requires KMC to maintain at least 20 percent savings over U. S. West tariff pricing. I Attachments • Letter of Understanding • Terms and Conditions • Local Price Comparison List • Building Entry Agreements for Community Center, Maintenance Garage, Water Treatment Plant, City Center June 22, 1999 Deborah Nelson DonR. Uram Mr; Gary Therkelsen City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Letter of Understanding Dear Mr. Therkelsen, Mr. Uram, Ms. Nelson: 7800 Equitable Drive, Suite 100 Eden Prairie, Minnesota 55344 Fax 612.974.1626 Tel 612.974.1600 Thank you for your recent letter dated June 15 th outlining the new requirements for the City of Eden Prairie ("City"). KMC Telecom II, Inc. ("KMC") has reviewed the City's requests and has revised its' Letter of Understanding below in an effort to provide the City with the added value it is seeking in its' technology capabilities. KMC has provided as identified in the attached Encroachment Agreement 4 Fiber strands within the KMC fiber backbone, at no cost to the City. The fiber backbone as previously agreed was designed to pass City locations within close proximity. Those locations are City Hall, Water Treatment Plant, Maintenance Garage, and the Community Center. KMC will provide the following to the City of Eden Prairie in exchange for an exclusive 5-year, $5,000 per month agreement for Local and Long Distance Services utilized by the City. This would include all City locations even those not connected to the fiber network. Excll:lsivity does not apply to products and services that KMC can not provide. Furthermore, the City of Eden Prairie may maintain its existing contracts with other suppliers. KMC will develop an implementation plan with the city over a 3 - 4 month period. The City of Eden Prairie has advised KMC that it is currently under contract with US West and AT&T for similar services and that it may be liable to US West and AT&T for early termination charges if it cancels the US West and AT&T contract to purchase the services from KMC. As an inducement to enter into this Agreement, KMC has agreed to review the termination charges that may be imposed by US West and AT&T for early termination of the contracts. Upon Customer's proper disclosure to KMC of the termination charges for which it is liable to US West and AT&T, KMC will advise the City of Eden Prairie in writing as to whether KMC agrees to pay the termination charges. 1.) Fiber laterals containing 4 Fiber strands from the KMC backbone to the demarcation point in 4 City facilities: City Hall, Water Treatment Plant, Maintenance Garage, and Community Center. 2.) KMC shall be responsible for the construction costs of the 4 Fiber strands. 3.) The fiber lateral connection and electronics at City Hall to reach the KMC network, which will deliver local and long distance services to the City. 4.) All local services provided to the City by KMC will receive discounts as shown on the attached proposal. The effective savings rate is 21.9 %. Total Annual Savings $ 22,785.00 5 Year Savings $113,925.00 3 ~om Minnesota Creative Solutions with a Hometown Touch 5.} KMC will provide long distance rates of$.07 for interstate usage and $.10 for intrastate usage. All long distance service rates provided to the City by KMC will be fIxed for the term of the agreement. 6.) KMC will maintain the backbone of the City network pursuant to article 15 of the Encroachment Agreement (Voluntary Contributions). Lateral portions of the City network will fall under the same Article 15 Agreement with one exception, if the city were to terminate the relationship with KMC, lateral maintenance would be billed on a Time and Material Basis. 7.) On an annual basis, KMC will review the City's pricing versus US West's current tariffs. KMC will maintain 20% savings over US West tariff pricing. If it is determined that US West tariff rates have changed, KMC will revise the City's rates for the upcoming year to maintain its' 20% savings. 8.) KMC will allow the City of Eden Prairie to terminate this Agreement for cause if written notice specifying the cause for termination and requesting correction within 45 days is given to KMC and such cause is not corrected within such 45 day period. Cause is any material breach of the terms of this Agreement. 9.) KMC will not access any under-utilization penalties caused by the City's inability to receive appropriate funding to [mance its telecomrnunicatio~ services provided by KMC. Note: All internal Fiber Optic equipment needed to run the City's data and voice network not identifIed in this agreement will be provided by the City. This document is intended to serve as a Letter of Understanding to move forward with the implementation of Fiber installation by KMC and conversion oflocal and long distance services to KMC. KMC Telecom II, Inc. Name Title Date Attachments: Encroachment Agreement KMC Contract Letter of Agency Building Entry Agreements City of Eden Prairie Name Title Date 4 Local and/or Long Distance Services Term Plan Agreement -Fiber creative I· . h touch SOU t Ion S w,t.. 0 met 0 vv n New Customer ~ Existing Customer _ Master Acct # As of the day of IA' .19~. cal a-t-EJe4-L Prd,.ir:::, ("Customer") agrees to cornmi ts local and/or long distance telephon usage to KMC Telecom II, Inc. ("KMC) as follows: Term: .5 Nears Commitment: S _____ ..!t.5j4-'()~(>:.!O..L._ __ __..:lMonth In consideration of this commitment, the initial rates under this Term Plan Agreement ("Agreement") are listed below, and \vill be reflected conm1encing the first billing statement subsequent to input to KMC (Customer must initial term, discount, and/or rate plan): Local Outbound Outbound Toll Free Toll Free Initials Term Discount Interstate Intrastate Interstate Intrastate Month/Month % S S S $ I Year Term 0' /. S S S S 2 Year Teml % $ S S S 3 Year Term % $ S S S 4 Year Term % S S S S 5 Year Term % S ,07 s ,i 0 S AliA-S ,v14 If Customer temlinatcs the Agreement in the first year, customer wiII pay 100 percent of the monthly commitment level times the number of months remaining in the term. If Customer terminates the agreement in any year after the first year, customer will pay 35 percent of the customer's average monthly billing over the past 12 months times number of months remaining in the term. Customer acknowledges by signing herein that this Agreement is subject to the rules and regulations of KJ\IC's state and federal tariffs and the Term and Conditions on the reverse side. Rates and discounts (not under a KMC Term Plan) are subject to change upon approval by the proper regulatory authority. This Agreement may be temlinated without penalty any time within the first 30 days of signing. This 30-day guarantee applies only to this Initial Term Plan signed with KJ\IC and not subsequent Term Plan Agreements. The 30-day termination must be in writing and provided to KMC address below prior to the time frame specified above (30 days). Comments Kl\'IC Telecom II, Inc.: Customer: Signature Signature Dall Driscoll/ Cit\" Director 7800 Equitable Drive Suite 100 KMC Address Billing Address Edell Prairie, l\J;\' 553-t-t Long Distance and/or Local Service li#C'Teieco me (Letter of Agency/Customer Information) Page Of Creative Solutions with a Hometown Touch ... Sales Office zt{)D Address £Ie kt. City Pa.i- Sales Rep. Name Service Address: (no p.o. boxes) Customer Nanfe folD _ ,=t:..JI. t-'f t C~ity fl 1 State Selected Services: Toll Free Advanced Features: Departments Dept. # KMC Cards Name on Card Description Zip 10 Number Zip o Other (Attach Certificate) ~fLong Distance o Extended Call Coverage o Holiday Routing Dept. # Dept. # Date ~ew Customer o Existing Customer Master Account It Main Billing Number Contact Billing Address: (if different from service) Deposit (p 7Co.;L Estimated Mont~ Phone Usage o Toll Free ~ocal Service ~ InterLATAllntraLATA o Tailored Call Coverage o Percent Allocation Routing o Day of Week Routing o Super Routing o Point of Call Routing o Time Interval Routing Description o Continued on __ attatched pages Internatl. # of Cards o Continued on _. _anatched pages Toll Free Service Toll Free # Routing and Originating Features Codes Dept. # Ring to # Telephone Numbers (Area Code) xxx -xxxx BTN Prod. Type Products Product Lt:> c:.. ''../ o ,~&- T-l COCIAC Comments Set-UP!i5 ()e'kt,~ L o Continued on __ attatched pages A~~".ym. C<?~~~ ........ . PIC (YIN) Dept # Length Index Mobile Fax Modem o Continued on __ attatched pages Monthly Fee (PI 63J. 00 4-J.i~1 f" , Authorization To Switch long Distance Carriers / .,) t/, 6(2 My signature authorized you to notify my local telephone company to switch my £S 1-1' ...... '-1... 1){. long distance (Ixq service andlor ~ local service to KMC Telecom II, Inc. ("KMc") from my current local andlor long distance carrier identified herein. I understand that my local telephone company may charge me a fee for this change. I understand that only one interexchange carrier (lXC) may be designated as my primary interstate carrier for the numbers listed above. I further understand that only one interex- change carrier may be deSignated as my primary intraLATA carrier and to the extent that a jurisdiction allows, I authorize KMC to be both my primary interLATA and interLATA carrier for the numbers listed above. I hereby appoint KMC as my agent in all matters related to long distance service for each of the hnes/numbers listed above. All statements herein are true to the best of my knowledge and KMC is authorized to make any inquiries necessary for action of my credit appli1:ation. I hereby indemnify KMC and its agents from any liability resulting from their credit survey. My signature herein also warrants that I understand the terms and conditions on the back of this agreement and that I am authorized, as the subscriber, to make changes to the hnes/numbers listed above. Customer Signature Date NamelTitle Terms and Conditions Scope: KMC Telecom II, Inc. ("KMC" or "Company") undertakes to provide local, intrastate, interstate, and international telecommunications Services (and any and/or all Services offered by the Company to the Customer), in accordance with the terms and conditions set forth herein, intrastate Service is provided only in conjunction with interstate service. Service is not part of a joint undertaking with any other entity providing service. The Customer may not transfer or assign the use of Service without the express written consent ofKMC. Service continues to be provided until canceled by the Company or the Customer. Equipment and Facilities: All Service is subject to the availability of suitable facilities. The Company reserves the right to discontinue furnishing, or limit the use of Service when necessitated by conditions beyond its control; or when the Customer is using Service in violation of the law or the provisions contained herein. The Customer shall have exclusive responsibility and liability for the installation, maintenance and operation of Customer-provided station equipment at the Customer's premises for use in connection with Service. The Customer must obtain an adequate number of access lines for Toll Free Service to meet expected demand. Use of Service: The Company's Service may be used for any lawful purpose consistent with the transmission and switching parameters of the facilities utilized in the provision of Service. The use of the Company's Service to make calls which might reasonably be expected to frighten, abuse, torment, or harass another or in such a way as to Unreasonably interfere with use by others is prohibited. The use ofthe Company's Service without payment for Service or attempting to avoid payment for Service by fraudulent means or devices, schemes, false or invalid number, or false calling or credit cards is prohibited; including, but not limited to, rearranging, tampering with, or making connections not authorized by the Company to any Service component used to furnish Service, or using Toll Free Service with the intent of gaining access to a Customer's outbound call capabilities on an unauthorized basis. Unauthorized use does not relieve the Customer of payment for Services and the Company reserves the right to analyze any and all information at its disposal, including credit surveys, call detail records and any other information to prove unauthorized use. The charges for unauthorized or fraudulent use are in addition to any remedies allowed for under civil or criminal proceedings and will be the Company's highest usage charges applied to network usage and attempted network usage, whether or not a terminating connection was achieved plus all costs incurred by the Company to detect, discover, observe, investigate, analyze, examine, and locate the party responsible for unauthorized or fraudulent use. Interruptions: Credit allowance for the interruption of Service which is not due to the Company's testing or adjusting, negligence of the Customer, or the failure of channels or equipment provided by the Customer are subject to the general liability provisions set forth herein. It shall be the obligation of the Customer to notify the Company immediately.of any interruption in Service for which a credit allowance is desired. For purposes of credit computation, every month shall be considered to have 720 hours. No credit shall be allowed for an interruption of a continuous duration ofless than two hours. The Customer shall be credited for an interruption of two hours or more of the rate of 11720th of the monthly charge for the facilities affected for each hour that the interruption continues. This credit applies only to monthly recurring charges, and does not affect any charges based upon Customer's actual usage of Company's Service. Limitations of Liability: Except as otherwise stated herein, the liability of the Company for damages arising out of either: (1) the furnishing of its Service, including but not limit to mistakes, omissions, interruptions, delays or errors, or other defects, representations, or use of Service; or (2) the failure to furnish its Service, whether caused by acts or omission, shall be limited to the extension of allowances for interruptions in Service as set forth herein. The Company shall not be liable to Customer or third party for any direct, indirect, special, incidental, reliance, consequential, exemplary or punitive damages, including, but not limited to loss of revenue or profits, for any reason whatsoever, any act of omission, failure to perform, delay, interruption, failure to provide any Service or any failure in or breakdown of facilities associated with the Service. The liability of the Company for errors in billing that result in overpayment by the Customer shall be limited to a credit equal to the dollar amount erroneously billed or, in the event that payment has been made and Service has been discontinued to a refund of the amount erroneously billed. Any claim of against either party shall be deemed conclusively to have been waived unless presented in writing to the other party within 30 days after the date of the occurrence that gave rise to the claim. Each party shall be indemnified, defended and held harmless by the other party from and against any and all claims, loss, demands, suits, expense, or other action or any inability whatsoever, including reasonable attorney fees, whether suffered, made instituted or asserted by the other party, for any personal injury to or death of any person or persons, and for any loss, damage or destruction of any property. The Company assumes no responsibility for the availability or performance of any system or related facilities under the control of the entities, or for other facilities provided by other entities used for service to the Customer, even if the Company has acted as the Customer's agent in arranging for such facilities or service. The Company shall not be liable for any claims for loss or damages involving: (1) any delay or failure of performance or equipment due to causes beyond the Company's control, including but not limited to: acts of God, fires, floods, earthquakes, hurricanes, other catastrophes, national emergencies, insurrections, riots, wars or other civil motion, strikes lockouts, work stoppages or other labor difficulties, criminal actions taken against the Company, unavailability, failure or malfunctions of equipment or facilities provided by the Customer or third parties; and any law, order, regulation or other action of any governing authority or agency thereof; (2) any unlawful or unauthorized use ofthe Company's facilities and service; (3) libel, slander, invasion of privacy or infringement of trademarks, patents, trade secrets, or copyrights arising from or in connection with transmission of communications by means of Company provided facilities or Services; or by means of the combination of Company provided facilities or service with Customer provided facilities or service; (4) break in the privacy or security of communications transmitted over the Company's facilities; (5) changes in any of the facilities, operations or procedures of the Company that render any equipment, facilities or service provided by the Customer obsolete, or required,; or required modification or alteration of such equipment facilities or service, or otherwise affect their use or performance, except where reasonable notice is required by the Company and is not proved by the Company and is not provided to the Customer; (6) defacement of or damage to Customer premises resulting from the furnishing of Service or equipment on such premises or the installation or removal thereof except in the event that Customer is the sole cause of such damage; (7) any representations made by Company employees that do not comport or are inconsistent with the provisions herein; (8) defacement of or damage to Customer premises resulting from the furnishing of Service or equipment on such premises or the installation or removal thereof; (7) any intentional, wrongful act of a Company employee when such act is not within the scope of the employees responsibilities for the Comp~y and/or is not authorized by the Company; (8) any representations made by Company employees that do not comport or that are inconstant, with the provisions herein; (9) any act or omission in connection with the provision of 911, E911, or similar service; (10) any noncompletion of calls due to network conditions .. Cancellation by Company: Without incurring liability, Company may refuse or discontinue Service to Customer or may withhold the provision of ordered or contracted Service: (1) for nonpayment of any sum due Company for more than thirty (30) days after invoice date of the bill for the amount due; (2) for violation of any of the provisions contained herein; (3) for violation of any law, rule, regulation or policy of any governing authority having jurisdiction over Company's Service; or (4) by reason of any order or decision ofa court, public service commission or federal regulatory body or other governing in authority prohibiting Company from furnishing its Service~ Cancellation of interstate Service will result in cancellation of intrastate and international Service. Cancellation by Customer: Customer Service shall be canceled by Company promptly upon receipt of a cancellation request from Customer in writing and received thirty (30) days prior to cancellation. Upon cancellation a final bill will be prepared and the Customer shall be liable for all recurring charges prior to proper notice if a change in prescribed carrier is initiated by the Customer. · .' Payment for Service: The Customer is responsible for the payment of bills to the Company or any duality authorized agent for Service rendered by the Company, including payment for calls or Service originated at the Customer's number(s), originated by the use of a calling card or by the use of a company-assigned special billing number and incurred at the specific request of the Customer, and for all associated installation charges, special charges and surcharges. For the purposes of billing, the start of Service date will be on which the Customer is given his Customer identification number Customer will be rendered a bill each month for Service which contains rates and charges, as set forth herein, for all usage of Service by Customer. Bills are payable upon receipt and are due no later than the date indicated on the bill. If an attorney or collection agency is required to collect the bill for Service, the reasonable cost for this assistance shall be paid by the Customer. Rates and Changes: Call timing is determined by industry standards, and usage charges for mileage sensitive Service based on airline distance using industry standard calculations from NECA FCC Tariff No. 4. The Company reserves the right to collect a deposit or advance payment in an amount up to the maximum allowed by law for Service. A late payment charge up to the maximum rate allowed by law will apply to payments received after the due date. A charge up to the maximum allowed by law will apply to checks or drafts presented for payment which are returned. Customer is responsible for payment of all excises, sales, use or similar taxes that may be levied on the Service by any local, state or federal government, including assessments for government initiated social objectives. Customer will be assessed a recurring monthly Universal Service Fund, Lifeline Assistance Recovery Fee, PICC, Federal Access Reform, and 911 charges assessed by the FCC. The Company reserves the right to bill, without limitation, for any service provided which was billed in an amount less than the prevailing rate for Service. Rates and charges, excluding those under Term Plan Agreements, are subject to change upon not less than one day's notice to Customer via U.S. Mail, bill insert, newspaper pUblication or any other means available to the company. Toll Free Responsible Organization ("Resp.Org."): Company provides Resp.Org. Functions in accordance with Bell Operating Companies Tariff FCC #1. Each telephone number must be placed in actual and substantial use by the Customer. Company may limit the quantity of numbers it manages as Resp.Org. If the Customer elects to retain a non-Company Resp.Org., the Customer must notify Company of any changes in the Customer's Resp.Org. in writing within 48 hours of the change. The Customer is responsible for all outstanding indebtedness for services provided by a previous Resp.Org. Or Toll Free service carrier. Company assumes no responsibility or liability with respect to any obligation of Customer to such previous service providers existing at the time of transfer to Company. Where Company services as the Resp.Org. for a Toll Free Service, Company will, at the Customer's request, subscribe to Toll Fee Directory Listing Service on behalf of the Customer and the Customer is responsible for assuring that Directory Listing Service is maintained through the new Resp.Org. Customer is responsible for payment of any outstanding Toll Free Directory Listing charges, including any unexpired portion of any minimum period applicable to such services, and Company shall have no liability for any interruption or other delay, error mistake, omission or other defect occurring in connection with the transfer of Toll Free Directory Listing responsibility. Company reserve the right not to honor a Customer's request for a Resp.Org change until all delinquent charges are paid in full. Recurring charges apply if Customer retains Company as Resp.Org. when using another Toll Free service provider. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state which services are to be provide without reference to conflict laws provisions. Notice: Notice by Customer served upon Company shall be by First Class Mail addressed to KMC Telecom Inc. at the address on the front ofthe Term Plan Agreement. ''I Local Price Comparison for: City of. Eden Prairie # ot Services Service Type 41 Business Line (1 FB) 6 Analog Trunk 2-Way Trunk (Analog) 44 2-Way DID/DOD Trunk (Digital) 2-Way PRI (Voice/Data) 21 Measured Business Line 5 Measured Business Line -No Allow Number Portability Subtotals LineITrunk Discounts #ot Features Feature 44 DID Service (Per DSO trunk) 20 DID Number Blocks 9 Hunting (Regular, Circular, UCD) 6 Call Waiting/Return 1 Expansion Line 2 Speed Calling 2 Line Backer Plus 2 Caller ID 38 Additional Listings 7 Centron Features 3 Centron 6/30 Features 1 Access SVC5 Voice GR 56 Voice Grade Circuits (City Hall) 49 Voice Grade Circuits (Other) Subtotals 6 DS1 -Channel Termination DS1 -Fixed Mileage DS1 -Per Mile 4 DS1 -Channel Termination 2 DS1 -Fixed Mileage 30 DS1 -Per Mile Subtotals DS1 Discounts DS3 Discounts Currelltloc:al S~rvic:e Total Rare Invesbnent $ 43.71 •. $ i 1,792;.11 $ 45.67 i>$/~> 27(02 :,,:,~' ,:.\ $ 52.20$ "- $ 55.46 ($:.i;~40.24 •... $.;: •. ,/ ">i,, $ 26 63 . $" 559.23\ $ 29:91 ;($?'i:,J.;.':(;'i49:SS' ;$/:;/;: <~r10: 74,' ,'. $cth:5,285.891 $ per Total Feature Invesbnent Total Rare Invesbnent $ 135.00,' $ ·810~00 $ 135.00$ ~.: :.-~,:~:'" $ 10.00$' $ 115.00 :$,. '460.00 $ 115.00$ < 230.{}O $ 12.00 $ " 360.00 1$ ". 1,050.001 Total Local Service B4 Taxes & Fees: 1·$ 8,413.431 Proprietary Information for Prospective Customer Only I KMCMonthlySavings' 10 5 Year Term '. KI\IICTeiecom(ocal Total $ $ $ $ $ $ Rate Invesbnent 40.00 ." $;.4,640.00. 42.00 :$:ii":252.{}O' 44.00 [~)t· .. · .• ······ ......... . 40.00 ;$/;,: 1:760.0{} -' -'$ '-,-,-<_,;: ~'<':C:. :~,),.::::~:.:;,:. .. ; ... ' ,_ ::: [f:tG'j~1~~ i';::;~"l:;;~:~~~~~~'1 22.0% 1$·}.>;($52.16)1 Total Rare Invesbnent $ 115.00$690;00 $ 115.00 $ $ 8.50$( $ 103.00$ ,. <412.00 $ 77.00 $, 154.00 $ 12.00 $ 360.00 1$' .,' ", 926.001 22.0%1 $ 0.0%$ (151:80)) 1$ 6,638.681 $ 1,774.751 Long Distance Comparison For: 5 Year Term Outbound I ntrastatell ntra lata Interstate Canada International Subtotals Inbound I ntrastate/l ntralata Interstate Canada International Subtotals Calling Card Intrastate Interstate Canada International IntrastlCN Surcharge (Per Call) Int'l Surcharge (Per Call) Subtotals Other Services Directory Assistance Monthly Fee Toll Free Monthly Fee Other - Subtotals Total Long Distance: City of Eden Prairie. Minutes 512.0 1040.0 ;iCurfent •• LDPtovl'der: -."".' "--~A"M':O-"';~~<',,"',,,_-~', ~',--",'" -,:.'>: _' .. _.~;,.. i'::.'.~,» .', Total Discount Investment PPM (after disc) Total Discount Investment Minutes PPM (after disc) Minutes Discount PPM Total Investment (after disc) Price per Total Call 1$ ...• 248.00 I $ 5,000 Revenue Level PPM $0.100 $0.070 $0.120 Total Investment Total PPM Investment $0.100 ::~.:~.( ~"~:';'~'.:'O· <Z,')- $0.070 ,<".)?,; ....... ' .. -', ' • "1 ~-.' $0.550 ,{,i""'",:" ",' ....... . PPM $0.125 $0.240 $0.310 $1.550 Price per Call $0.600 $0.000 $0.000 $0.000 I' .. $·;':'-;~l"'~;,';''';:.Cjt:L,:;'~:'1 Total Investment Total 1$ 124.001 KMC Monthly Savings $ 124.001 50.0% Proprietary Information for Prospective Customer Only KMC Annual Savings $ 1,488.00 I II Local Service Trunks/Lines Features Access Discounts Sub-Totals Long Distance Outbound Inbound Calling Card Other Charges Total Services ,,~'" -V~"V·"·· -.",--.-, --_~yc.,.~_~ .. ~, .. , - -,. --,~ y"",< r' ,,--" V'''~ _~'" .''',' ,~'"' •. ,.,,-, ':'.': --:'7:}':":::' .. 2:AW:"" .. · .. : ,','"< ~·gg:me~~i~9(~",gJc§~~~"~,~~i,i,~;, Current Investment Total Investment Percentage. Proprietary Information for Prospective Customer Only Monthly Annual Term 12 KMC Telecom Investment Total Investment 21.9% $ 1,89~ .. 75 $. 22,785.00 $ 113,925.00 , Building Entry Agreement This agreement (hereinafter referred to as the "Agreement"), made on this 22nd day of July, 1999 between the City of Eden Prairie ("Building Owner"), and KMC Telecom II, Inc., a Delaware Corporation with an office at: 7800 Equitable Drive, Suite 100, Eden Prairie, MN 55344 ("KMC"). In consideration of the mutual covenants herein expressed, the receipt and sufficiency of which are acknowledged by the parties hereto, Building Owner and KMC hereby covenant and agree as follows: 1. License. Building Owner hereby grants to KMC a license (the "License") in the building known as Community Center (the "Building"), up to and including roof, cables and appropriate miscellaneous equipment required to provide high capacity digital telecommunications services to the tenants of the Building (collectively, the "Equipment"). Nothing contained herein shall be constructed as granting to (i) KMC any property or ownership rights in the real or personal property of a Building Owner, (ii) Building Owner any title, right, or interest in and to the equipment, or (iii) creating a partnership, or joint venture relationship between Building Owner and KMC shall not, at any time, record or attempt to record this Agreement, any memorandum thereof, or any other instrument against the real property of Building Owner. 2. Use. KMC shall use the Equipment for a fiber optic network to provide communication services to the Building Owner of the Building. The License granted hereby shall permit KMC, its agents, contractors, affiliates or designers access to all parts of the Building to which access is required for KMC to construct, install, operate, maintain, upgrade, monitor and remove the Equipment at any time or from time to time. 3. Construction. Prior to the commencement of any work in or near the Building (including, but not limited to the periodic installation of the Equipment), KMC shall, at its sole cost and expense, prepare and deliver to Building Owner, work plans describing all proposed construction and work. KMC agrees to: a) perform all such work in a safe manner consistent with the highest construction standards; b) perform all work in such a way as to minimize interference with the operation of the Building; c) maintain insurance including workers' compensation, comprehensive public liability insurance with a combined single limit of $2,000,000, which shall not be considered to be annual aggregate. d) obtain, prior to commencement of any construction and work, all federal, state and municipal permits, licenses and approvals required in connection with such construction work. 4. Equipment. The Equipment remains the sole risk of KMC, and Building Owner shall not be liable for damage thereto or theft, misappropriation or loss regardless of the cause thereof except in the case of negligence, unlawful activity or willful misconduct by Building Owner or its employees or agents. At the termination of this Agreement, KMC shall, at its sole cost and expense, remove the Equipment and its personal property in the Building, and repair all damage caused by such removal. All property may be removed by KMC within a reasonable amount of time after expiration of this Agreement, not to exceed 90 days. Building Owner shall not interfere with KMC's use, operation or maintenance of the Equipment. 5. Termination. This Agreement shall commence on the date hereof and shall terminate upon the earliest to occur of (i) the date which is 30 days following Building Owner's notice to KMC that KMC has defaulted under the terms of the Agreement (unless KMC has cured such default within said 30 day period); or (ii) 30 days notice to Building Owner by KMC, or (iii), the date of a casualty to all or any portion of the Building, the result of such casualty is to render the continued services by KMC under this Agreement impractical; or (iv) the date of condemnation or taking of all or any continued portion of the Building, the result of such condemnation or taking is to render continued services by KMC under this Agreement impractical; or (v) in accordance with Section 7 of the Letter of Understanding dated July 29,1999 between the Building Owner and KMe. If not sooner terminated 13 in accordance with its terms or at law, this Agreement shall terminate as of the tenth (10th ) anniversary of the date hereof. 6. Assignment. Either party may transfer or assign in full, or as collateral, this Agreement with the consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Building Owner hereby consents to a collateral assignment. The holder of such collateral security interest shall not be prevented or impeded by Building Owner from enforcing such security interest. Building Owner shall execute all consents to assignment and/or acknowledgements of any security interest as are requested by KMC to give effect to the foregoing. 7. Notice. Every notice required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered by and/or when mailed by certified or registered mail, return receipt requested, to the party's address set forth in the introductory paragraph of this Agreement. 8. Identification and Waiver. KMC shall indemnify, exonerate, and hold Building Owner harmless from and against any and all loss, cost, damage and expense of whatever kind, arising directly or indirectly from KMC's breach of this Agreement, including, but not limited to, reasonable attorney's fees and court costs. Building Owner shall indemnify, exonerate and hold KMC harmless from and against any and all loss, cost, damage and expense of whatever kind, arising directly or indirectly from Building Owner's breach of this Agreement, including, but not limited to, reasonable attorney's fees and court costs. Notwithstanding the foregoing, such indemnifications shall be limited to actual damages incurred. KMC hereby waives any claims, and releases Building Owner, with respect to any liabilities, costs, damages and expenses of what ever kind arising directly or indirectly from the operation of the Equipment in the Building. The provisions of this Section shall survive termination of this Agreement. 9. Entire Agreement. This represents the full understanding of the parties and cannot be modified or amended orally. 10. Agreement Value. Building Owner acknowledges that the consideration received by it in connection with the grant of the License is the enhanced value of the Building to current or potential tenants or occupants attributable to the installation of the Equipment. Therefore, at no time shall Building Owner charge KMC any monetary fee or assessment of any nature whatsoever in connection with this Agreement. 11. Third Parties. Building Owner acknowledges that KMC Telecom Inc. may from time to time retain third parties, including, without limitation, construction contractors or operation and maintenance providers, to perform the construction and work relating to the equipment contemplated hereby. KMC shall cause each such third party to comply with the terms and conditions of this Agreement and shall cause the removal from the Building of any such third party to which Building Owner (acting reasonably) objects. 12. Governing Law. This Agreement shall be governed by the laws of the state of performance. WITNESS the execution hereof as an instrument as of the fIrst data fIrst above written. Building Owner: KMC Telecom II, Inc.: Signature Signature Name Name Title Title I Building Entry Agreement This agreement (hereinafter referred to as the "Agreement"), made on this 22nd day of July, 1999 between the City of Eden Prairie ("Building Owner"), and KMC Telecom II, Inc., a Delaware Corporation with an office at: 7800 Equitable Drive, Suite 100, Eden Prairie, MN 55344 ("KMC"). In consideration of the mutual covenants herein expressed, the receipt and sufficiency of which are acknowledged by the parties hereto, Building Owner and KMC hereby covenant and agree as follows: 1. License. Building Owner hereby grants to KMC a license (the "License") in the building known as Maintenance Garage (the "Building"), up to and including roof, cables and appropriate miscellaneous equipment required to provide high capacity digital telecommunications services to the tenants of the Building (collectively, the "Equipment"). Nothing contained herein shall be constructed as granting to (i) KMC any property or ownership rights in the real or personal property of a Building Owner, (ii) Building Owner any title, right, or interest in and to the equipment, or (iii) creating a partnership, or joint venture relationship between Building Owner and KMC shall not, at any time, record or attempt to record this Agreement, any memorandum thereof, or any other instrument against the real property of Building Owner. 2. Use. KMC shall use the Equipment for a fiber optic network to provide communication services to the Building Owner of the Building. The License granted hereby shall permit KMC, its agents, contractors, affiliates or designers access to all parts of the Building to which access is required for KMC to construct, install, operate, maintain, upgrade, monitor and remove the Equipment at any time or from time to time. 3. Construction. Prior to the commencement of any work in or near the Building (including, but not limited to the periodic installation of the Equipment), KMC shall, at its sole cost and expense, prepare and deliver to Building Owner, work plans describing all proposed construction and work. KMC agrees to: a) perform all such work in a safe manner consistent with the highest construction standards; b) perform all work in such a way as to minimize interference with the operation of the Building; c) maintain insurance including workers' compensation, comprehensive public liability insurance with a combined single limit of $2,000,000, which shall not be considered to be annual aggregate. d) obtain, ppor to commencement of any construction and work, all federal, state and municipal permits, licenses and approvals required in connection with such construction work. 4. Equipment. The Equipment remains the sole risk of KMC, and Building Owner shall not be liable for damage thereto or theft, misappropriation or loss regardless of the cause thereof except in the case of negligence, unlawful activity or willful misconduct by Building Owner or its employees or agents. At the termination of this Agreement, KMC shall, at its sole cost and expense, remove the Equipment and its personal property in the Building, and repair all damage caused by such removal. All property may be removed by KMC within a reasonable amount of time after expiration of this Agreement, not to exceed 90 days. Building Owner shall not interfere with KMC's use, operation or maintenance of the Equipment. 5. Termination. This Agreement shall commence on the date hereof and shall terminate upon the earliest to occur of (i) the date which is 30 days following Building Owner's notice to KMC that KMC has defaulted under the terms of the Agreement (unless KMC has cured such default within said 30 day period); or (ii) 30 days notice to Building Owner by KMC, or (iii), the date of a casualty to all or any portion of the Building, the result of such casualty is to render the continued services by KMC under this Agreement impractical; or (iv) the date of condemnation or taking of all or any continued portion of the Building, the result of such condemnation or taking is to render continued services by KMC under this Agreement impractical; or (v) in accordance with Section 7 of the Letter of Understanding dated July 29, 1999 between the Building Owner and KMC. Ifnot sooner terminated in accordance with its terms or at law, this Agreement shall terminate as of the tenth (10th) anniversary of the date hereof. 6. Assignment. Either party may transfer or assign in full. or as collateral. this Agreement with the consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Building Owner hereby consents to a collateral assignment. The holder of such collateral security interest shall not be prevented or impeded by Building Owner from enforcing such security interest. Building Owner shall execute all consents to assignment and/or acknowledgements of any security interest as are requested by KMC to give effect to the foregoing. 7. Notice. Every notice required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered by and/or when mailed by certified or registered mail, return receipt requested, to the party's address set forth in the introductory paragraph of this Agreement. 8. Identification and Waiver. KMC shall indemnify, exonerate, and hold Building Owner harmless from and against any and all loss, cost, damage and expense of whatever kind, arising directly or indirectly from KMC's breach of this Agreement, including, but not limited to, reasonable attorney's fees and court costs. Building Owner shall indemnify, exonerate and hold KMC harmless from and against any and all loss, cost, damage and expense of whatever kind, arising directly or indirectly from Building Owner's breach of this Agreement, including, but not limited to, reasonable attorney's fees and court costs. Notwithstanding the foregoing, such indemnifications shall be limited to actual damages incurred. KMC hereby waives any claims, and releases Building Owner, with respect to any liabilities, costs, damages and expenses of what ever kind arising directly or indirectly from the operation of the Equipment in the Building. The provisions of this Section shall survive termination of this Agreement. 9. Entire Agreement. This represents the full understanding of the parties and cannot be modified or amended orally. 10. Agreement Value. Building Owner acknowledges that the consideration received by it in connection with the grant of the License is the enhanced value of the Building to current or potential tenants or occupants attributable to the installation of the Equipment. Therefore, at no time shall Building Owner charge KMC any monetary fee or assessment of any nature whatsoever in connection with this Agreement. 11. Third Parties. Building Owner acknowledges that KMC Telecom Inc. may from time to time retain third parties, including, without limitation, construction contractors or operation and maintenance providers, to perform the construction and work relating to the equipment contemplated hereby. KMC shall cause each such third party to comply with the terms and conditions of this Agreement and shall cause the removal from the Building of any such third party to which Building Owner (acting reasonably) objects. 12. Governing Law. This Agreement shall be governed by the laws of the state of performance. WI1NESS the execution hereof as an instrument as of the first data first above written. Building Owner: KMC Telecom 11, Inc.: Signature Signature Name Name Title Title 16 Building Entry Agreement This agreement (hereinafter referred to as the "Agreement"), made on this 22nd day of July, 1999 between the City of Eden Prairie ("Building Owner"), and KMC Telecom II, Inc., a Delaware Corporation with an office at: 7800 Equitable Drive, Suite 100, Eden Prairie, MN 55344 ("KMC"). In consideration of the mutual covenants herein expressed, the receipt and sufficiency of which are acknowledged by the parties hereto, Building Owner and KMC hereby covenant and agree as follows: 1. License. Building Owner hereby grants to KMC a license (the "License") in the building known as Water Treatment Plant (the "Building"), up to and including roof, cables and appropriate miscellaneous equipment required to provide high capacity digital telecommunications services to the tenants of the Building (collectively, the "Equipment"). Nothing contained herein shall be constructed as granting to (i) KMC any property or ownership rights in the real or personal property of a Building Owner, (ii) Building Owner any title, right, or interest in and to the equipment, or (iii) creating a partnership, or joint venture relationship between Building Owner and KMC shall not, at any time, record or attempt to record this Agreement, any memorandum thereof, or any other instrument against the real property of Building Owner. 2. Use. KMC shall use the Equipment for a fiber optic network to provide communication services to the Building Owner of the Building. The License granted hereby shall permit KMC, its agents, contractors, affiliates or designers access to all parts of the Building to which access is required for KMC to construct, install, operate, maintain, upgrade, monitor and remove the Equipment at any time or from time to time. 3. Construction. Prior to the commencement of any work in or near the Building (including, but not limited to the periodic installation of the Equipment), KMC shall, at its sole cost and expense, prepare and deliver to Building Owner, work plans describing all proposed construction and work. KMC agrees to: a) perform all such work in a safe manner consistent with the highest construction standards; b) perform all work in such a way as to minimize interference with the operation of the Building; c) maintain insurance including workers' compensation, comprehensive public liability insurance with a combined single limit of $2.000.000, which shall not be considered to be annual aggregate. d) obtain, prior to commencement of any construction and work, all federal, state and municipal permits, licenses and approvals required in connection with such construction work. 4. Equipment. The Equipment remains the sole risk ofKMC, and Building Owner shall not be liable for damage thereto or theft, misappropriation or loss regardless of the cause thereof except in the case of negligence, unlawful activity or willful misconduct by Building Owner or its employees or agents. At the termination of this Agreement, KMC shall, at its sole cost and ~xpense, remove the Equipment and its personal property in the Building, and repair all damage caused by such removal. All property may be removed by KMC within a reasonable amount of time after expiration of this Agreement, not to exceed 90 days. Building Owner shall not interfere with KMC's use, operation or maintenance of the Equipment. 5. Termination. This Agreement shall commence on the date hereof and shall terminate upon the earliest to occur of (i) the date which is 30 days following Building Owner's notice to KMC that KMC has defaulted under the terms of the Agreement (unless KMC has cured such default within said 30 day period); or (ii) 30 days notice to Building Owner by KMC, or (iii), the date of a casualty to all or any portion of the Building, the result of such casualty is to render the continued services by KMC under this Agreement impractical; or (iv) the date of condemnation or taking of all or any continued portion of the Building, the result of such condemnation or taking is to render continued services by KMC under this Agreement impractical; or (v) in accordance with Section 7 of the Letter of Understanding dated July 29. 1999 between the Building Owner and KMC. If not sooner terminated in accordance with its terms or at law, this Agreement shall terminate as of the tenth (10th) anniversary of the date hereof. 6. Assignment. Either party may transfer or assign in full, or as collateral, this Agreement with the consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Building Owner hereby consents to a collateral assignment. The holder of such collateral security interest shall not be prevented or impeded by Building Owner from enforcing such security interest. Building Owner shall execute all consents to assignment and/or acknowledgements of any security interest as are requested by KMC to give effect to the foregoing. 7. Notice. Every notice required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered by and/or when mailed by certified or registered mail, return receipt requested, to the party's address set forth in the introductory paragraph of this Agreement. 8. Identification and Waiver. KMC shall indemnify, exonerate, and hold Building Owner harmless from and against any and all loss, cost, damage and expense of whatever kind, arising directly or indirectly from KMC's breach of this Agreement, including, but not limited to, reasonable attorney's fees and court costs. Building Owner shall indemnify, exonerate and hold KMC harmless from and against any and all loss, cost, damage and expense of whatever kind, arising directly or indirectly from Building Owner's breach of this Agreement, including, but not limited to, reasonable attorney's fees and court costs. Notwithstanding the foregoing, such indemnifications shall be limited to actual damages incurred. KMC hereby waives any claims, and releases Building Owner, with respect to any liabilities, costs, damages and expenses of what ever kind arising directly or indirectly from the operation of the Equipment in the Building. The provisions of this Section shall survive termination of this Agreement. 9. Entire Agreement. This represents the full understanding of the parties and cannot be modified or amended orally. 10. Agreement Value. Building Owner acknowledges that the consideration received by it in connection with the grant of the License is the enhanced value of the Building to current or potential tenants or occupants attributable to the installation of the Equipment. Therefore, at no time shall Building Owner charge KMC any monetary fee or assessment of any nature whatsoever in connection with this Agreement. 11. Third Parties. Building Owner acknowledges that KMC Telecom Inc. may from time'to time retain third parties, including, without limitation, construction contractors or operation and maintenance providers, to perform the construction and work relating to the equipment contemplated hereby. KMC shall cause each such third party to comply with the terms and conditions of this Agreement and shall cause the removal from the Building of any such third party to which Building Owner (acting reasonably) objects. 12. Governing Law. This Agreement shall be governed by the laws of the state of performance. WITNESS the execution hereof as an instrument as of the first data first above written. Building Owner: KMC Telecom II, Inc.: Signature Signature Name Name Title Title <.. Building Entry Agreement This agreement (hereinafter referred to as the "Agreement"), made on this 22nd day of July, 1999 between the City of Eden Prairie ("Building Owner"), and KMC Telecom II, Inc., a Delaware Corporation with an office at: 7800 Equitable Drive, Suite 100, Eden Prairie, MN 55344 ("KMC"). In consideration of the mutual covenants herein expressed, the receipt and sufficiency of which are acknowledged by the parties hereto, Building Owner and KMC hereby covenant and agree as follows: 1. License. Building Owner hereby grants to KMC a license (the "License") in the building known as Eden Prairie City Center (the "Building"), up to and including roof, cables and appropriate miscellaneous equipment required to provide high capacity digital telecommunications services to the tenants of the Building (collectively, the "Equipment"). Nothing contained herein shall be constructed as granting to (i) KMC any property or ownership rights in the real or personal property of a Building Owner, (ii) Building Owner any title, right, or interest in and to the equipment, or (iii) creating a partnership, or joint venture relationship between Building Owner and KMC shall not, at any time, record or attempt to record this Agreement, any memorandum thereof, or any other instrument against the real property of Building Owner. 2. Use. KMC shall use the Equipment for a fiber optic network to provide communication services to the Building Owner of the Building. The License granted hereby shall permit KMC, its agents, contractors, affiliates or designers access to all parts of the Building to which access is required for KMC to construct, install, operate, maintain, upgrade, monitor and remove the Equipment at any time or from time to time. 3. Construction. Prior to the commencement of any work in or near the Building (including, but not limited to the periodic installation of the Equipment), KMC shall, at its sole cost and expense, prepare and deliver to Building Owner, work plans describing all proposed construction and work. KMC agrees to: a) perform all such work in a safe manner consistent with the highest construction standards; b) perform all work in such a way as to minimize interference with the operation of the Building; c) maintain insurance including workers' compensation, comprehensive public liability insurance with a combined single limit of $2,000.000, which shall not be considered to be annual aggregate. . d) obtain, prior to commencement of any construction and work, all federal, state and municipal permits, licenses and approvals required in connection with such construction work. 4. Equipment. The Equipment remains the sole risk of KMC, and Building Owner shall not be liable for damage thereto or theft, misappropriation or loss regardless of the cause thereof except in the case of negligence, unlawful activity or willful misconduct by Building Owner or its employees or agents. At the termination of this Agreement, KMC shall, at its sole cost and expense, remove the Equipment and its personal property in the Building, and repair all damage caused by such removal. All property may be removed by KMC within a reasonable amount of time after expiration of this Agreement, not to exceed 90 days. Building Owner shall not interfere with KMC's use, operation or maintenance of the Equipment. 5. Termination. This Agreement shall commence on the date hereof and shall terminate upon the earliest to occur of (i) the date which is 30 days following Building Owner's notice to KMC that KMC has defaulted under the terms of the Agreement (unless KMC has cured such default within said 30 day period); or (ii) 30 days notice to Building Owner by KMC, or (iii), the date of a casualty to all or any portion of the Building, the result of such casualty is to render the continued services by KMC under this Agreement impractical; or (iv) the date of condemnation or taking of all or any continued portion of the Building, the result of such condemnation or taking is to render continued services by KMC under this Agreement impractical; or (v) in accordance with Section 7 of the Letter of Understanding dated July 29. 1999 between the Building Owner and KMC. If not sooner terminated • " in accordance with its tenns or at law, this Agreement shall terminate as of the tenth (10th ) anniversary of the date hereof. 6. Assignment. Either party may transfer or assign in full, or as collateral, this Agreement with the consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing. Building Owner hereby consents to a collateral assignment. The holder of such collateral security iriterest shall not be prevented or impeded by Building Owner from enforcing such security interest. Building Owner shall execute all consents to assignment and/or acknowledgements of any security interest as are requested by KMC to give effect to the foregoing. 7. Notice. Every notice required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered by and/or when mailed by certified or registered mail, return receipt requested, to the party's address set forth in the introductory paragraph of this Agreement. 8. Identification and Waiver. KMC shall indemnify, exonerate, and hold Building Owner harmless from and against any and all loss, cost, damage and expense of whatever kind, arising directly or indirectly from KMC's breach of this Agreement, including, but not limited to, reasonable attorney's fees and court costs. Building Owner shall indemnify, exonerate and hold KMC harmless from and against any and all loss, cost, damage and expense of whatever kind, arising directly or indirectly from Building Owner's breach of this Agreement, including, but not limited to, reasonable attorney's fees and court costs. Notwithstanding the foregoing, such indemnifications shall be limited to actual damages incurred. KMC hereby waives any claims, and releases Building Owner, with respect to any liabilities, costs, damages and expenses of what ever kind arising directly or indirectly from the operation of the Equipment in the Building. The provisions of this Section shall survive termination of this Agreement. 9. Entire Agreement. This represents the full understanding of the parties and cannot be modified or amended orally. 10. Agreement Value. Building Owner acknowledges that the consideration received by it in connection with the grant of the License is the enhanced value of the Building to current or potential tenants or occupants attributable to the installation of the Equipment. Therefore, at no time shall Building Owner charge KMC any monetary fee or assessment of any nature whatsoever in connection with this Agreement. 11. Third Parties. Building Owner acknowledges that KMC Telecom Inc. may from time to time retain third parties, including, without limitation, construction contractors or operation and maintenance providers, to perform the construction and work relating to the equipment contemplated hereby. KMC shall cause each such third party to comply with the tenns and conditions of this Agreement and shall cause the removal from the Building of any such third party to which Building Owner (acting reasonably) objects. 12. Governing Law. This Agreement shall be governed by the laws of the state of performance. WITNESS the execution hereof as an instrument as of the first data first above written. Building Owner: KMC Telecom II, Inc.: Signature Signature Name Name Title Title CITY COUNCIL AGENDA DATE: 08/03/99 SECTION: Public Hearings SERVICE AREAlDIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Krista Flemming Crosstown Circle Center -Remote Parking VI. A. Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for PUD Concept Amendment on 12.42 acres; and • Approve 15t Reading ofthe Ordinance for PUD District Review with waivers on 2.5 acres and Rezoning from C-Hwy to Office on 2.5 acres; and • Adopt the Resolution for Preliminary Plat of2.5 acres into one lot; and • Direct Staffto prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). • Direct Staffto issue a land alteration permit to Continental Properties to proceed with construction at their own risk. Synopsis: This is a 226 car parking lot to provide additional parking on a separate lot for Best Buy Company's new building on Crosstown Circle. Background Information: For traffic reduction and TDM reasons the staff report to the Planning Commission recommended a revised parking lot plan for a 163 car parking lot. At the June 28, 1999 Planning Commission meeting the developer presented new information that 63 of the 226 parking spaces were not additional spaces but displaced spaces from the Crosstown Circle office site to the north. Current building and fire codes would not allow the parking deck to be built as approved by the City Council. Based on this information, and that new parking was consistent with the staff recommendation, the Planning Commission voted 6-0 to recommend approval of the plan for a 226 car parking lot, to the City Council. Attachments: 1. Resolution for PUD District Review 2. Resolution for Preliminary Plat 3. Planning Commission Minutes dated July 12, 1999 4. Staff Report dated June 25, 1999 5. Correspondence I CROSSTOWN CIRCLE CENTRE-REMOTE PARKING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF CROSSTOWN CIRCLE CENTRE-REMOTE PARKING FOR FINN DANIELS, INC. 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 Crosstown Circle Centre-Remote Parking PUD Concept Amendment by Finn Daniels, Inc., 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 August 3, 1999; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, ~innesota, as follows: . 1. Crosstown Circle Centre-Remote Parking, being in lIennepin County, ~innesota, 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 June 11, 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 3rd day of August, 1999. JeanL. lIanis, ~ayor ATTEST: Kathleen A. Porta, City Clerk CROSSTOWN CENTRE-REMOTE PARKING EXHIBIT A Legal Description: Lot 3, Block 1, Crosstown Industrial Park 2nd Addition 3 CROSSTOWN CENTRE-REMOTE PARKING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- RESOLUTION APPROVING THE PRELIMINARY PLAT OF CROSSTOWN CENTRE-REMOTE PARKING FOR FINN DANIELS, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Crosstown Centre-Remote Parking, dated July 16, 1999, consisting of 2.5 acres into 110t, 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 3rd day of August, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 'f PLANNING COMMISSION MINUTES City of Eden Prairie June 28, 1999 Page 4 B. CROSSTOWN CIRCLE CENTRE -Remote Parking by Finn Daniels, Inc .. Kipp introduced Mike Gould, President of Silver Crest Properties, LLC. Brad Hoyt, Continental Property Group, proponent, stated that Best Buy needs more parking spaces. He stated for building code reasons they recently had to change the size and shape of the deck and 60 spaces were lost and that is why additional is needed offsite. He said this change, just happened and apologized to staff for not informing them ofthe recent change. Best Buy's vested interest in the area is extensive. He informed the Commission that he is looking at incorporating a day care facility on the site as well. He stated that seven shuttle buses would run every seven minutes to shuttle employees from the parking facility to various office sites. Franzen stated that as long as parking for both sites does not exceed 5 spaces per 1000 square feet, then traffic is consistent with the transportation plan. Commissioner Alexander stated she supports the project but does not like to see the tree loss. Sandstad and Lewis also supports the project and strongly encourages the day care facility be built. MOTION: Clinton moved, seconded by Lewis to close the hearing. Motion carried 6-0. MOTION: Clinton moved, seconded by Lewis to recommend to the City Council approval of the request of Continental Property Group, for Planned Unit Development Concept Amendment on 12.42 acres, Planned Unit Development district Review with waivers on 2.5 acres, Zoning District change from C-HWY to Office, Site Plan Review on 2.5 acres, and Preliminary Plat of2.5 acres into one lot, based on plans dated June 11, 1999, subject to a revised plan confirming total parking spaces at 5 per 1000 square feet. Motion carried 6-0. STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: Planning Commission Krista R. Flemming, Planner I June 25, 1999 Crosstown Circle Centre -Remote Parking Finn Daniels Inc. Continental Property Group Crosstown Circle and Flying Cloud Drive 1. Planned Unit Development Concept Amendment on 12.42 2. Planned Unit Development District Review on 2.5 acres with waivers 3. Rezoning from C-Hwy to Office on 2.5 acres 4. Site Plan Review on 2.5 acres 5. Preliminary Plat on 2.5 acres into one lot 6 l!.f/f/@ &.22 @ llJ.a. 17 JlE'S ------~!.'::...~ ~ (;3) (')0) (lZ) ,I 'I @r-r-----. \ -"'" .. n·t .... ''!'!"~'J.?=-- /.:' ;':0 ffi\ · · · · · · · · · · r"· ..... -......... \I .. i! o ;~ z 1\ 'I; 3 ; ~ \ . \0 i-------1f~:r".J----\~ .:: .... : ... . >-: 1 ~ ~; ---.---.------- (6) ,,~?)'. ~ ···i.,·Q •••• ""'~"l" •• . (7) I A{)f)iI I IS) ,~ . ~ i '----~--_1 * I i ~ ~ -~------_fHH&_~~~----------__4-1.. \ __ .~~--""'m • I \ !~. "C .... ::-'.J (,I'·' to 1-- u:.; ;;-~ <.:"i --------STrew SOER OISTRIC7 OOU()ARY Sooo.. DISTRICT OOU()AAY IATERst£D DISTRICT OOIHlARY INCRfIENT eJl.WAAY . fl ~ll' OWlY. ',,,'''0'' t GaElW-SER'lICfS DEPAAnerr f TA)!,A't'ER S£RVICfS DIVISICH SURVEY S£CTlCH N -1 Staff Report -Crosstown Circle Centre -Remote Parking June 25, 1999 BACKGROUND The site is currently guided office and zoned C-Hwy. This project is an amendment to the approved Crosstown Circle Centre Planned Unit Development. The approved plan is a 166,964 sq. ft. office building. The Eden Inn was previously located on this site; it has been demolished. SITE PLAN The plan is for a 226 car parking lot providing additional parking space to the Crosstown Circle Centre building. The parking lot plan meets code requirements for setbacks, access, ponding, and screening of parking. TRAFFIC The Transportation Plan projected traffic based on an office use with five employees for every 1,000 sq. ft. of building at a .30 floor area ratio. This is equivalent to a 32,600 sf. building with 163 parking spaces. TRAVEL DEMAND MANAGEMENT The approved plan for the Crosstown Circle Centre building includes a requirement for a TDM plan to assist with reducing traffic impacts associated with peak hour capacity problems. TDM can have the greatest impact on reducing peak hour capacity problems by practicing the following procedures: • Staggered work hours, or flextime; • Car pools and Van pools, including working with other corporations; • Telecommuting; • Establishing a TDM coordinator; • Park and Ride lots; and • Transit services. LIGHTING All lighting will be downcast, shoebox style. Typical height in this district is 25 or 30 feet. 2 Staff Report -Crosstown Circle Centre -Remote Parking June 25, 1999 LANDSCAPING AND TREE LOSSIREPLACEMENT The landscaping required for this site is based on screening of parking, onsite tree replacement, and 1,464.5 inches of offsite tree replacement for the Crosstown Circle Centre. The approved offsite tree replacement plan for the Crosstown Circle Centre site was to be implemented on this site and the restaurant parcel. The Continental Property Group was not able to purchase the restaurant parcel and the proposed tree replacement shown in a conservation easement is not an option. A total of 793.5 caliper inches of tree replacement can be located on the proposed parking lot site. The developer is proposing a cash contribution to the City for the remaining 671 inches of tree replacement. SIDEWALK A 5-foot wide concrete sidewalk will be constructed in the right-of-way along the west side of Crosstown Circle from Flying Cloud Drive to the Crosstown Circle Centre site. A sidewalk connection will be made on that site from Crosstown Circle to the front entrance of the structure. DRAINAGE A NURP pond is located on site. CONCLUSION The use of this site for parking creates traffic beyond the transportation plan and is inconsistent with the use of TDM to reduce peak hour traffic. Limiting the amount of parking to 163 spaces will accomplish the folllowing: • The amount of parking is consistent with what would be required for a 32,600 sq. ft. office building at a .30 floor area ratio; • Traffic generation would be consistent with the transportation plan; • Total parking between both sites would be consistent with the City'S projected traffic generation that assumes 5 employees/ per 1,000 sq. ft. of building. STAFF RECOMMENDATIONS Alternative One: The Planning Commission could recommend approval of: • Planned Unit Development Concept Amendment on 12.42 acres 3 Staff Report -Crosstown Circle Centre -Remote Parking June 25, 1999 • Planned Unit Development District Review with waivers on 2.5 acres • Rezoning from C-Hwy to Office on 2.5 acres • Site Plan Review on 2.5 acres • Preliminary Plat on 2.5 acres into 1 lot This approval would be based on plans dated June 11, 1999, subject to the recommendations of the Staff Report dated June 25, 1999, and subject to the following conditions: 1. 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 Submit a landscaping and screening bond for review. 2. A PUD waiver is granted for off site parking. Alternative Two: The Planning Commission could recommend approval of a revised parking lot plan for 163 spaces. The Staff recommends alternative two. 4 10 To: Through: From: Date: Subject: MEMORANDUM Parks, Recreation and Natural Resources Commission' Mayor and City Council Bob Lambert, Director Parks and Recreation Services Stuart A. FOx,~ger Parks and Natural Resources July 15, 1999 Supplemental Staff Report to the June 25, 1999 Community Development Staff Report for Crosstown Circle Centre -Remote Parking This project is located on the comer of Crosstown Circle and Flying Cloud Drive. The site involves 2.5 acres of land, which previously was occupied by the Eden Inn. The motel has been demolished and the developer is proposing a 226-car parking lot to provide additional parking for the Crosstown Circle Centre building. NATURAL RESOURCE ISSUES Landscaping and Tree Loss This site was previously designated as a landscaping mitigation area when Crosstown Circle Centre Office Building was being proposed. The Developer indicated that they had purchased the property and would be placing trees on the site to accommodate the tree mitigation from their proposed development. The proposed site has a few significant trees on it as defined by city code. The process of developing the parking lot and NURP pond will remove a total of 52 diameter inches of significant trees. The replacement for this is 41.8 caliper inches of landscaping material. When you combine the tree mitigation from the Crosstown Circle Centre project, the landscape screening of the parking area and the mitigation from the loss of significant trees, it requires a total of 1,464.5 caliper inches of landscape material. The proposed landscaping for the 226 car parking lot is 793.5 caliper inches of landscaping material. The Continental Property Group is proposing to plant 220 trees around this remote parking lot for the Crosstown Centre. The proposed planting is a combination of coniferous and deciduous material and should provide adequate screening from the roadways, as well as the adjacent property to the west and north. The adjacent property that was originally included in the off site tree mitigation for Crosstown Centre was not purchased and, therefore, has reduced the amount of the planting area available for tree mitigation. Because of this, the developer is proposing a cash contribution to the City for 671 caliper inches of tree replacement that are unable to be planted on this site. II --------... ....- Crosstown Circle Centre -Remote Parking July 15, 1999 Page 2 A letter from Brad Hoyt of the Continental Property Group to the City Manager (see attached copy of pages 4 & 5) has indicated a desire to work out the details of the cash contribution for this 671 inches of tree replacement. Based on a recent tree planting quotations the staff has received, the landscaping contractors have been quoting a cost of $100 per caliper inch of trees planted on proposed projects. Sidewalk/Trails The developer is proposing to build a five foot wide concrete sidewalk along the west side of Crosstown Circle. This sidewalk would extend from Flying Cloud Drive to the Crosstown Circle Centre site. RECOMMENDATIONS: This project was reviewed at the June 20, 1999 Planning Commission and was approved on a 5-0 vote. The project was approved as per staff recommendation alternative one. 12 Parks, Recreation and Natural Resources Commission July 19, 1999 Page 2 v. DEVELOPMENT PROPOSALS A. Crosstown Circle Remote Parking The proposal calls for a 226-car parking lot on 2.5 acres of land, located at Crosstown Circle and Flying Cloud Drive. The lot would be for use of the Crosstown Circle Center Building. The plan calls for a NURP pond and removal of 52 diameter inches of significant trees. The developer is proposing 793.3 caliper inches of landscape material, but mitigation requires 1,464.5 caliper inches oflandscape material due to a previous commitment to plant trees on this parcel. The developer is proposing to plant 220 trees around the parking lot. The adjoining property was to be used for off site tree mitigation but that property was not purchased, leaving the mitigation plan short. To make up for this, the developer is proposing a cash contribution to the City for the 671 missing caliper inches. Rich Sherion, a representative for the developer, The Continental Property Group, was present to discuss the proposal. The developer is proposing to pay the city cash, and in turn, the city would plant the type of trees it wants. The developer's proposal is $40.00 to $50.00 per caliper inch, with the developer doing the planting . . Bob Lambert said the staff recommendation would set the cost at $100.00 per caliper inch, including the tree and the planting .. $100.00 is the amount required to get a landscape bond. What needs to be clarified is who will do the planting, and what type of warranty would there be. Sherion asked about the five-foot wide sidewalk. Lambert said he has petitioned for the sidewalk be assessed to the property owner. Brown questioned why there are two alternatives given in the staff report of June 25, 1999, one with 226 parking spaces and one with 163 spaces. Lambert said the difference between the two alternatives that is explained on page three of the report. Sherion pointed out that the developer is asking for 226 spaces, and that this plan, not the 1 63-space plan, was already approved by the planning commission. ~oenig asked if there could be problems with the developer planting trees on city property. Lambert said for this reason a bond would be required, which would need to 1.5 times the amount of the total cost. In itself, there is no problem with the developer doing the planting. He also said that the bond should be dated so the planting is done in one to two years, for example, with a bond dated October, 2000. The city would choose the type and locations of the trees. Brown asked what would be the dollar cost per caliper inch to plant a tree. Sherion said the actual planting can be done for less than $60.00 per caliper inch. Lambert said the city would need to get bids on this, and there would need to be city agreement before a developers agreement is make. 13 Parks, Recreation and Natural Resources Commission July 19, 1999 Page 3 Koenig asked who would decide where to put the trees. Lambert said that staff would make a recommendation for review by the Commission. Comeille asked if, from the staff s point of view, this proposal would be a good deal. Lambert said he believes this plan would be fair since there is not enough space on the site to place enough trees to meet the mitigation requirements. The actual number of trees will be increased by about two to one. It just would not work to place any more trees on the site. Jacobson asked if this type of plan has been done in the city before. Lambert said no, it hasn't, because mitigation on site should always be the first option. This is similar to mitigation for wetlands, where mitigating off site may sometimes be the better plan. Koenig asked where the 163 parking space plan came from. Sherion said the original plan for the Crosstown Circle Center building called for an additional parking deck on the office building. However, with this proposal, 163 spaces would be shifted down the street to this site. MOTION: Brown moved that the commission support the recommendation of July 15, 1999 staff report on the Crosstown Circle Center Remote Parking project. Comeille seconded the motion to approve the project as recommended in the staff report dated July 15, 1999, with the addendum that the city bond $100 per caliper inch, that the city work out the options the developer can take, and that the bond be valid until November 1, 2000. Jacobson seconded the motion as amended by Comeille. The motion passed 5-0. Stolar abstained due to a conflict of business interests. VI. OLD BUSINESS A. None VII. NEW BUSINESS 1. Park Dedication Fees for 2000 The City Staff is recommending an increase in the park dedication fees for the year 2000 for residential development from $1,850. to $1,950. per unit, and from $5,500. to $5,775 per acre for commercial/office/industrial development. These changes would result in a five percent increase. Lambert reported the city doing a survey showing that if the increases were approved, Eden Prairie would have the highest increase over other cities in the study. The rationale for the recommended increase is that Eden Prairie residential property CITY COUNCIL AGENDA • DATE: 08/03/99 SECTION: Public Hearings SERVICE AREAlDIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram VLB. Michael Franzen Purgatory Creek Estates 2nd Requested Action Move to: • Close the Public Hearing; and • Adopt 1st Reading of the Ordinance for Zoning District Change from Rural to Rl- 13.5 on 3.08 acres; and • Adopt the Resolution for Preliminary Plat of3.08 acres into 7 lots; and • Direct Staffto prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis: This is a 7 lot single family subdivision in the Sunnybrook Road area, north of the road not adjacent to the Creek, that meets City Code requirements. Background Information: The Planning Commission voted 6-0 to recommend approval of the project to the City Council at the June 28, 1999 meeting. Attachments: 1. Resolution for Preliminary Plat 2. Planning Commission Minutes dated July 12, 1999 3. Staff Report dated June 25, 1999 4. Correspondence / PURGATORY CREEK ESTATES 2ND CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- RESOLUTION APPROVING THE PRELIMINARY PLAT OF PURGATORY CREEK ESTATES 2ND FOR POST CONSTRUCTION COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Purgatory Creek Estates 2nd , dated June 10, 1999, consisting of 3.08 acres into 7 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 3rd day of August, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk MEMO TO: Mayor and City Council FROM: Jean Johnson, Zoning Administrator July 26, 1999 DATE: RE: POST CONSTRUCTION COMPANY Background Post Construction Company has been developing and building single family homes along Sunnybrook Road for 6 years. Residents in the area have had a number of concerns related to Post Construction's properties. The issues raised have been: -unlicensed and inoperable vehicles left on vacant lots. -building debris not contained. -building supplies kept upon lots when there is no active building permit on or adj acent to the lot. -debris left upon sites where they have raised buildings. -placement of tree debris and leaves upon City right-of-way. -dumping of cement upon City property. -construction noise beyond 7:00 p.m. limit. Four to six times per year staff has had calls related to the above issues. For debris items staff notifies Post by mail to have the area picked up. The time frame for clean up is usually 3 weeks. However, the supplies or debris from one lot have been transferred to another lot in some instances; and then that site requires clean up. If items are not cleaned up, and an active building permit is issued to that particular property, building inspections, permits and certificates of occupancy are held. If no active permit is on the proeprty, the debris needs to be picked up as refuse. In the instance of construction noise after 7:00 pm, the Police did issue 2 citations after warnings were given a few days ahead. 3 Other builders in the City have similar site conditions from time to time, but more calls are received on the Post sites. Present Conditions The last check of the area made was the second week of July. There still exists one unlicensed vehicle upon the property at 12420 Sunnybrook Road. The Post brothers rent out this property. Post has had other inoperable vehicles removed from this property, and are still working on getting this blue porsche removed. To my knowledge the other isses have been resolved. As calls are received, staffwill inspect and handle violations. K: comdev/sunnybrrokwoodslmemoviol. PLANNING COMMISSION MINUTES City of Eden Prairie June 28, 1999 Page 2 A. PURGATORY CREEK ESTATES 2ND By Post Construction Company Brian Post, resident of Eden Prairie, and developer, presented the proposed plan stating it conforms to surrounding developments. Steve Wagner, 9325 Wilderness Cove, stated concern presented in a written communication to the Planning Commission regarding small, fragmented development; and the debris and negative influence current construction by the Post brothers is having on the surrounding neighborhood. He asked the Planning Commission to enforce the city's construction regulations of the developers, such as debris, noise, and appropriate on-site human sanitation facilities. Franzen indicated that all existing concerns referred to in the letter, have been corrected for the existing construction site operated by the Post brothers. Dwayne Dietrich, representing Taurus Properties have entered into an agreement to develop the property west ofthe Post property. Dietrich stated concern with the narrow road proposed in the Post proposal in that it will negatively impact future Taurus Property construction. He stated he spoke with staff about a revised plan for the road. He requested the City to ask the Post brothers to work with them to make each development more conducive for each other. He also requested additional screening on the road proposed by the Posts because the Taurus development will back up their road and not be used in the front of the their lots. Ed Quinton, 9248 Harstad Lane, owns property just to the east of the proposal. He stated concerns about the proposed lot sizes being smaller than surrounding developments. He also stated there is a considerable number of trees on this property and would like to see an agreement that the new homeowners enter into that does not allow them to wipe out all the trees on their lot. Blob Klaus, 12491 Sunnybrook Road, asked that this proposal stay consistent with the surrounding neighborhood and that all development say within the guidelines during construction. Lee Smith, 12500 Sunny Brook Road, living west of the proposal, stated concerns about maintaining the buffer and that the developers conform to the construction code guidelines. She stated that she has had as many as 17 dump trucks on one day on the Post's property right next door to her; along with cement block debris. She also indicated that the Posts run bobcats during off-hours and there have been no bathroom facilities provided on the site, which results in the construction crewmembers urinating next to their trucks, while she is out cutting her grass. Tom Roberts, 9212 Harstad Lane, living just to the east right behind Lot 5, stated concerns about the decks of the proposed new homes being proposed to be built right into the trees and new homeowners then wanting to remove too many trees. He also stated concerns with Post construction sites in the neighborhood leaving debris on the site. PLANNING COMMISSION MINUTES City of Eden Prairie June 28,1999 Page 3 Jim Myers, 9216 Harstad Lane, stated concerns about the small lot sizes and also asked that the trees be protected. Chris Cox, 9280 Harstad Lane, stated concerns about the lot sizes being too small and the noise from last summer's Post construction in the area. Commissioner Alexander stated concern about the previous state of the construction sites including vehicles being left behind and asked how the city allowed this to happen. Franzen indicated that he did not know specifically about the vehicles but will check on the status and report to the Commission at their next meeting. Lewis asked if the city has a planned procedure to take care of construction site complaints. Franzen stated that after hours, neighbors can call 9-1-1 and the police will respond to the complaint. During the hours 8-5, neighbors should call the city and they will send someone out to respond to the complaint. Flemming stated that Jean Johnson inspects construction sites when complaints are received, notifies the violator and gives them two weeks to respond to the request to comply. Franzen stated the Planning Commission can advise people in attendance at this meeting ofthe aforementioned procedure but the Planning Commission does not have jurisdiction over construction site complaints. He also stated the Planning Commission can ask staff for an update on all the violations and corrections related to any construction site. Commission Sandstad stated that no buffer is required between two R13 areas (regarding the road), because it's public boulevard. Franzen stated that the buffer is limited to an II-foot wide area. He also suggested that there is still time for the property owners to work together but the city cannot force property owners to work together. Lewis stated that she hopes in the future that anyone affect by negative impacts of a construction site will follow the procedures outlined tonight and encouraged the Post brothers to work with the other developers in the area. MOTION: Alexander moved, seconded by Lewis close the public hearing. Motion carried 6-0. MOTION: To recommend to the City Council approval ofthe request of Post Construction for Rezoning from Rural to RI-13.5 on 3.08 acres, and Preliminary Plat on 3.08 acres into 7 lots, based on plans dated June 10, 1999, and subject to the recommendations ofthe Staff Report dated June 25, 1999. Motion carried 6-0. STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: OWNER: LOCATION: REQUEST: Planning Commission Krista R. Flemming, Planner I June 25, 1999 Purgatory Creek Estates 2nd Post Construction Company Post Construction Company 12420 Sunnybrook Road 1. Rezoning from Rural to Rl-13.5 on 3.08 acres. 2. Preliminary Plat on 3.08 acres into 710ts _m.-..... --···--·--.. --··~-·····-··· ..... ( 11) 1 1 (9) ____ ~,~~~~~~.~~~.-----~-!X (3) (2) ( I) Z1 £W ro (6) "uC'! , ( 5) I~ (3) ( ~) l ( 12) (lITtOl l (&4) " • ..., ...... 1 I I ,." .... ... .... ( 91 \ .., .0 :2 .• , , , ( 6) (7) ( ~) ( 12) . ...•• -.. ~ 11:6.,)1 on .. S! MUll l ( 13) Staff Report --Purgatory Creek Estates 2nd June 25, 1999 BACKGROUND This site is currently zoned rural and guided low density residential for up to 2.5 units per acre. There is an existing home on the site that will be removed. Surrounding land uses include existing single family residential to the east, south and west. The undeveloped land to the north is guided low density residential. PRELIMINARY PLAT The preliminary plat shows the subdivision of 3.08 acres into 7 single family lots at a density of 2.3 units per acre. All of the lots meet the lot size and street frontage requirements of the RI-13.5 zoning district. GRADING AND TREE LOSS There are 14 significant trees totaling 192 diameter inches. The City Forester calculated the loss of 8 trees, or 82 diameter inches. The tree replacement/mitigation will be for 47 caliper inches. JJTILIIIES Sewer and water service is available from Sunnybrook Road. DRAINAGE Storm water nmoff drains into the NURP pond located on the south end ofPurgatoty Creek Estates. This pond was constructed to accommodate both projects. SIDEWALKS Sidewalks are shown along the north side of Sunnybrook Road as recommended by the Parks and Recreation Service Area. STAFF RECOMMENDATION The staff recommends approval of: • Rezoning from Rural to Rl-13.S on 3.08 acres • PreJjmjnary Plat on 3.08 acres into 7 lots Approval is based upon plans dated June 10,1999, and subject to the recommendations of the Staff Report June 25, 1999, and the following conditions: 1. Prior to City Council, the proponent shall: A. Revise the utilities plan to show the watermain being extended to the west property line for future street extension located at the cul-de-sac. 2 Staff Report -Purgatory Creek Estates 2nd June 25, 1999 B. Revise the utilities plan to show the sanitary sewer and water services being installed to the west property line along the proposed street. The number of services and location will be determined later. 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 a landscaping and screening bond for review. 3. Prior to grading, the proponent shall notify the City Engineer, Watershed District, Fire Marshall 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 /0 =;:::=: .... =STEEM® ~ ~= ~ HUMIDIFIER COMPANY [I 14949 Technology Drive· Eden Prairie, MN 55344 iii (612) 949-2415· FAX (612) 949-2933· E-Mail: sales@dristeem.com CertltkatedFinll June 23, 1999 Planning Commission Member City of Eden Prairie Re: Purgatory Creek Estates 2nd Post Construction Co. I am writing to the Planning Commission to voice my concern about the proposed subdivision referenced above. In reviewing the proposal with City Staff several issues need to be addressed in my opinion, before approving any additional developments in the Sunnybrook neighborhood. 1 . Contained in the file made available by the Community Development Department is a "mock development plan" which subdivides adjacent property. This mock plan notes that "no foreseen development" is planned for these larger parcels and this is incorrect. Development of adjacent property is being considered and is probably the reason Post Construction is pursuing this. I feel strongly the City of Eden Prairie needs to take a larger view of the affected parcels and coordinate neighborhood development and not support piece-meal plans. Has the City Planning Department or Developer spoken with the owners of the property this project will impact? To date, no. Why have these people not been included? 2. Post Construction currently has a development on Widerness Cove that is far from complete. Why not complete this subdivision? Four of seven lots are still available. 3. What is the impact on adjacent properties? Assessments for road, sewer and water Buffer 1 tree plantings. 4. Post Construction has a right to develop their property but have an obligation to the community to abide by ordinances and building codes. Their reputation might best be described by the minutes of the May 4, 1999 City Council Meeting (Item #2 -attached.) This developer continues to ignore the values and obligations required to be a responsible developer, builder or member of the Eden Prairie community. I request that the City move slowly on this approval process to assure the best overall land usage and that the proper checks be put in place to guarantee developer accountability which has been so sorely lacking in the past. I look forward to speaking with you Monday evening @ 7:00 p.m., 6/28/99, to discuss my concerns. Regards, ~, 9325 Wilderness Cove Attachment Idas H:ILTRSW8.DOC 06/23/99 DELORES WIN PnnlL'L1 un R;:c: eled Paper © Containing :,()t) J R ~'C~ eled Fibers. 0% Post Consumer. d '99 14:58 TO: 9-9492933 FROM: CITY COUNCIL MINUTES May 4, 1999 Page 6 IX. ORDINANCES AND RESOLUTIONS X. PETITIONS, REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION XII. APPOINTMENTS XIII. REPORTS OF OFFlCERS A. REPORTS OF COUNCILMEMBERS Case brought up several items for discussion: 1. The 90-year-old Raguet homestead, 9380 Spring Road, was demolished Apri126, without going through historical docmnentation. The property is owned by Grace Church of Edina. Case asked what is the process in place and how did this historical documentation get missed. Enger replied Grace Church did have the right to demolish the homestead. A wrecking pennit was issued without noticing that the contractor put a dash on the pennit fonn indicating pre-1950 construction, which calls for a historic assessment. Staff should have questioned this, and the historic preservation specialist, John Gertz, should have been alerted in order to take photos of the house. Gertz has infonned Enger that he does have photo documentation of the house, however. The Heritage Preservation Commission has gone through the process of. identifying all historic and cultural sites and structures within the community, of which the Raguet homestead was one, giving a number and status to each home. Each of these sites will now have a file on their address in the Building Inspections Department; and on that file, in orange, will be this notation: "This building is of historical significance, and alteration or demolition pennits shall not be issued for this site without authorization of the building official." Also, Enger said the pennit fonn has been redesigned, with four areas for interdepartmental approval, and these permits for alteration or demolition will not be issued until reports from all four departments have been received. Sensitivity training will also be needed to make sure the process works. He expressed regret the permit was issued prior to the City's historic specialist being notified, but is thankful photo documentation had previously been done. 2. Case noted that a developer dumped off some concrete debris in Creek Wood Park on Sunnybrook Road over a year ago. It was finally removed this week: by City personnel. He asked why the debris was allowed to sit there for a year, and if there are consequenoes to the developer worth pursuing. 2 '99 14: 59 TO: 9-9492933 FROM: T-248 P.04 CITY COUNCIL MINUTES May4,1999 Page 7 Lambert replied that he was notified last December that a developer had pushed some ooncrete debris on park property, and a City crew did go out and pick up what they thought was all of the debris. However, when more was discovered later in December, Lambert decided to leave it until this spring. It was forgotten until a person tripped over a piece of concrete last week and cut his leg. The debris is now picked up. One concern was that the City didn't go after the developer to pick it up. Lambert said he decided that it would be easier for City personnel to pick it up rather than going after the developer, as he is the type of person who would make the City prove he did it. Case said there is a bulldozed. "road" on this parkland that the developer created to push this construction debris into the park. Mayor Harris said there should be some way to hold this developer, and others who do this type of thing, responsible for their actions. The City does not assume responsibility for clearing up debris after construction projects. There are signifioant costs involved. The Staff could perhaps come up with some options on what to do. Tyra-Lukens pointed out that this developer has done similar things in the past. She suggested documenting what it oosts the City, and the next time the developer comes in with a project, charge him with these costs. Lambert said various City departments have been affected, and a list can be drawn up documenting the costs. He would then pursue payment from the developer. 3. Case said the owner of the Eden Apple Orchard has offered to give several- hundred apple trees to the City and move them to the Cummins-Grill property. It would be of extreme historical significance to have these trees on that property. Butcher-Younghans said the Cummins-Grill property is listed on the National Register and the City may not be able to plant the trees there. She suggested having John Gertz review it. Lambert replied he talked to Gertz about this and asked him to take this offer and request to the Historical Preservation Commission. Lambert also brought the matter before the Parks Commission, and they voted not to have these apple trees on City-owned property. Lambert believes if the City is going to have apple trees they should be kept healthy, which requires spraying them with pesticides, and there should be a plan for what to do with the apples when they are ripe. The apples are also potential missiles that could be thrown through neighboring windows. That is the reason you don't usually find apple trees on city parkland. The City has a year to get these trees from the orchard, but it should be given a lot of thought. CITY COUNCIL AGENDA DATE: 08/03/99 SECTION: Public Hearings SERVICE AREAlDIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Michael Franzen Matt's Auto Service ~, Requested Action Move to: • Close the Public Hearing; and • Approve 1 st Reading of the Ordinance for Zoning District Amendment in the 1- General District on .96 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis C, This is a plan for a 3,500 square foot industrial building with outdoor storage for 150 impound vehicles. Background Information This site is guided industrial and zoned I -General. Matt's Auto Service predates the current zoning ordinance and is a legal non-conforming use. Matt's Auto Service is towing of vehicles and provides impound service to the City of Eden Prairie and the City of Minnetonka. In order to build the project as proposed 13 variances from the City code must be granted. The Planning Commission voted 6-0 to recommend approval of the project with the requested 13 variances at the June 28, 1999 meeting. The Planning Commission did not agree with the staff recommendation for variances subject to plan modifications that would improve the visual condition of the property by screening the outdoor storage of impound vehicles The Board of Appeals will review this item on August 12, 1999. Attachments 1. Planning Commission Minutes dated July 12, 1999 2. Staff Report dated June 25, 1999 / PLANNING COMMISSION MINUTES City of Eden Prairie June 28,1999 Page 6 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 finding sites to store vehicles. He stated impounded vehicles are held for 90 days. Many owners do not pick up their cars; and eventually even if the vehicle is junked, they are lucky to get $50 per vehicle. However, there is an ever-increasing need with less and less space for his business. Stroedel stated he has to relocate his main office since NSP has bought him out, currently located in Minnetonka. Due to the type of business he operates, his property requires many variances. He needs to have an office facility on site, which allows a close working proximity for the police and fire departments. Stroedel distributed a letter of support from the Eden Prairie police department, stating they would like to see his facility remain in the city. Franzen reviewed the staff recommendations Robert Hinck, Hinck Architects, representing Matt Stroedel, commented regarding the setback requirements and variances. Habicht asked about the setback from the creek. Stroedel showed the Commission a new material that can be used under the grass to allow drainage while still being able to park vehicles on top. Franzen explained that the bigger issue is the City has a responsibility to either eliminate or upgrade the non-conforming uses when the City has an opportunity to do so. Commissioner Alexander stated she does not have a problem with cars being parked as close as they are to the creek and believe Mr. Stroede1 has a unique situation grandfathered as a long time business in the city. She stated as long as there are no existing problems with drainage, etc. she supports it. She does not believe screening is need for a railroad. Commissioner Sandstad asked if soil-boring testing has been done on the site. Stroedel stated that some time ago Matt Barr Engineering did some surface testing, approximately 10-12 years ago. Sandstad stated that if there are no problems on the site, he has no problem leaving the property grandfathered. Sandstad asked Mr. Stroedel ifhe would be willing to have soil boring testing done for hazardous materials. Commissioner Habicht stated that he has a problem with promoting a non-conforming use and would like to see Stroedel and staff meet to see if further mitigation ideas could be determined. Stroedel indicated there is a safety issue with the office and he would be installing bulletproof glass to protect his employees. He expressed frustration with the inability to start up this type of PLANNING COMMISSION MINUTES City of Eden Prairie June 28, 1999 Page 7 business because nobody wants it. Stroedel indicated he needs to have the facility built by September so a delay would cause timing problems. Commissioner Lewis asked if environmental testing could be done during construction. Sandstad asked for testing for 3-4 contaminants. Franzen stated that the code would allow an 8,000 square foot building on the property and only one variance for shoreland structure setback. Stroedel stated he cannot afford to lose any parking spaces because of the required setbacks -in addition to this site, he is using two other locations just to store the City vehicles which consume 80 per cent of the entire number of vehicles. Commission Habicht stated he would withdraw his previous comments because he sees now that it's either this location or no location and would approve it. MOTION: Sandstad moved, seconded by Lewis to close the public hearing. Motion carried 6-0. MOTION: Sandstad moved, seconded by Lewis to recommend to the City Council approval of the request of Matt's Auto Service, for Zoning District Amendment in the I-General Zoning District on .96 acres, and Site Plan Review on .96 acres, based on plans dated June 11, 1999 and work with staifto agree to two shallow soil borings on the site to test for 3-4 materials such as battery acid, etc. prior to the issuance of the building permit. Motion carried 6-0. 3 STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: FEE OWNERS: LOCATION: REQUEST: PJanning Commission Michael D. Franzen, City Planner June 25, 1999 Matt's Auto Service Matt Strodel Matt Strodel Industrial Boulevard South of Highway 62 1. Zoning District Amendment in the I-General District on .96 Acres. 2. Site Plan Review on 0.96 acres in the I-General Zoning District with variances to be reviewed by the Board of Adjustments and Appeals. RQ Nl.j 62 / -• --/--mo...,.....-:.-J- / ;./' (2) ... -~ I.e A, ,",;, l--!-}!-~~:, ~~' ~'1 '40 6'7 '" '~"_ Iff ~.~~ ~I i~ § ~ :-r.- -, 10 " ::Ii './; s "'-,;" ~; ..... ..J'" Staff Report -Matt's Auto JUDe 25, 1999 BACKGROUND This site is guided industrial and zoned I -GeneraL Matt's Auto Service predates the current zoning ordinance and is a legal non-conforming use. Matt's Auto Service is towing of vehicles and provides impound service to the City of Eden Prairie and the City of Minnetonka. SID PLAN The site plan shows the construction of a one story, 3,500 sf. building on .96 acres at a .08 base area ratio and .08 floor area ratio. YARIANCES The following variances are requested: A Expanding a non-conforming use. B. Lot size less than 5 acres. C. Building Front Yard Setback from 75' to 40'. D. Building Side Yard Setback from 30' to 10' E. T for meeting the landscaping requirements. F. Storage in required setback. G. Front yard parking setback from 75' to 0' (zero). H. Side yard parking setback from 15' to 0' (zero). I. Reduction in the number of parking stalls from 15 to 12. 1. Shoreland lot size from 5 to .96 acres. K. Sboreland setback for structure from 150' to approximately 70' L. Shoreland parking setback from 50' to 40' M. Crushed rock in stead of a bituminous surface for the vehicle storage area. If the owner continues to use the property as it exists today, the City cannot require the site to comply with current rules and regulations because the use predates City ordinances. However, when an owner applies to alter the current use, the city can either require that the site be brought into compliance with City Code or consider variances if a hardship exists. Due to existing conditions, the surrounding zoning and service to the community, the staff can be supportive of variances provided the site is improved visually. The staff can support an expansion of a non conforming use based on the following variances and conditions. 1. Lot Size less than 5 acres. This is an existing condition. 2. Frontyarcl buUdlnl from 75 feet to 50 feet. This is the same setback of the 1-2 Industrial District. 2 statX Report -Matt's Auto JUDe 25, 1999 3. Building side yard setback from 30 to 20 feet. This is the same setback as the 1-2 Industrial District. 4. Landscaping to City code. The landscape code bas been consistently applied to all projects with no credit given to existing trees. The tree ordinance requires the protection of existing trees. 5. No stol'lle of vehiclei within the required setback. The setback is needed to screen outdoor storage as required by City code. No vehicles should be allowed in the front, side or rear setbacks. 6. Front yard parking setback from 75 feet to 25 feet. This would be consistent with a corner lot setback in the 1-2 Industrial District. 7. No parking of vehicles in the side yard setback. The setback is needed for landscaping and screening requirements. 8. No reducdon of required parking spaces. 9. Shoreland lot size from 5 acres to .96 acres. This is an existing condition. 10. Shoreland setback from 150 to 70 feet. The shoreland setback would preclude any building on the property. The building is as far away as practical 11. Shoreland parking setback from SO to 40 feet. This would be consistent with DNR and Watershed District recommendations. 12. Parking areas to be paved. Storaae areas may be crushed rock. Create a small berm with natural plantings between the tree line and the edge of the crushed rock or bituminous surface. The berm keeps water from draining directly into the creek. Natural plantings could be prickly ash, dogwood, Vlburnam, and other creek edge varieties. 13. ScreeDiDa of outdoor storage. A solid cedar fence will be required around the entire site. Trees and shrubs shall be planted in all setbacks. ARCWTECTUBE The building meets the requirements of the I-General Zoning District. DRAINAGE The City, Watershed District, and the DNR concur that because of the use of the property, a crushed rock surface and a berm to keep water from flowing towards the creek would be better than paving the property and constructing a NURP pond. ACCESS The driveway access shall be 25 feet wide as required by code. LANDSCAPING Outdoor storage is permitted in an I General District, provide it is screened. The plan as proposed does not screen the outdoor storage. A revised plan with trees and shrubs 3 'f Stal Report -Matt's Auto June 25, 1999 along the creek and in all setbacks and a 6-foot high solid cedar fence around the entire site is needed. STAFF RECOMMENDATION Alternative One The first option would be to recommend approval of: • Zoning District Amendment in the I-General District • Site Plan Review. This would be based upon plans dated June 11, 1999, and subject to the recommendations of the Staff Report June 25, 1999, and the following conditions: 1. Prior to Building Permit issuance, the proponent shall: 2. A. Pay the appropriate cash park fee. B. Meet with the Fire Marshal to go over fire code requirements. C. Submit samples of exterior building materials for review. D. Submit a landscaping and screening bond for review. Apply for and receive approval of all variances from the Board of Appeals and Adjustments. Alternative Two If the Planning Commission believes the plan should be revised, then a second option would be to recommend a 30-day continuance and direct the owner to revise the plans as fbllows: 1. Lot Size leIS than 5 acm. This is an existing condition. 2. Frontyard buDdinl from 75 feet to 50 feet. This is the same setback of the 1-2 Industrial District. 3. Building side yard setback from 30 to 20 feet. This is the same setback as the 1-2 Industrial District. 4. Landscaping to City code. The landscape code bas been consistently applied to all projects with no credit given to existing trees. The tree ordinance requires the protection of existing trees. 5. No storale of vehicles within the required setback. The setback is needed to screen outdoor storage as required by City code. No vehicles should be allowed in the front, side or rear setbacks. 4 Staff Report -Man's Auto IUDe 25, 1999 6. Front yard parldngletbaek from 75 feet to 25 feet. This would be consistent with a comer lot setback in the 1-2 Industrial District. 7. No parldq of vebicles in the side yard setback. The setback is needed for landscaping and screening requirements. 8. No reducdon of required parking spaces. 9. Siloreland lot size from 5 acres to .96 acres. This is an existing condition. 10. Shorelaad letback from 150 to 70 feet. The shoreland setback would preclude any building on the property. The building is as far away as practicaL 11. ShoreJaDd parking setback from SO to 40 feet. This would be consistent with DNR and Watershed District recommendations. 12. Parking areas to be paved. Storage areas may be crushed rock. Create a small berm with natural plantings between the tree line and the edge of the crushed rock or bituminous surface. The berm keeps water from draining directly into the creek. Natural plantings could be prickly ash, dogwood, viburnam, and other creek edge varieties. l3. Screening of outdoor storage. A solid cedar fence will be required around the entire site. Trees and shrubs shall be planted in all setbacks. A1temadve Three If the Planning Commission believes the use of the property should not expand unless it is done in compliance with City Code, a third option would be to recommend denial for the following reasons since the plan does not meet City Code requirements. Staff recommends Altemadve Two. 5 ~APPUED VENtllNEERINS REPORT OF FI NDINGS for: Matt Strodel 6282 Site: Ed Indust . en Prairi r1al Drive e, Minn esota 55346 AE #9223 July 29, 1999 ~APPUED VENGINEERING July 29, 1999 Matt Strodel Matt's Auto 14521 Excelsior Blvd Minnetonka, MN 55345 (Y/AT{ )lltdOCL 17 (l~ API'IJI!D EHGINI!ERlNQ. INC. 280S OI\K I.EA TERRACE WAYlATA, MINNI!SOTA ~1-2533 ~12)tsMa8$ FAXtat-OI78 Ref: Report of Findings; Matt's Auto, Eden Prairie; AE #9223 Dear Matt, Attached is a report describing the work performed at the referenced location on 7/1/99 and 7/26/99, and the associated lab results received to date, per your request for the Eden Prairie Planning Commission meeting. In summary, a total of seven Geoprobe borings were installed. No petroleum hydrocarbons were detected in soil and water samples from either the first or second field investigation. Laboratory analyses detected benzene in two soil samples, thus prompting the second field investigation. Benzene concentrations are below MPCA Action Levels. The state was notified as required by Minnesota Law. The horizontal and vertical extent of the release appears to be defined, and no petroleum impact to groundwater is identified. Confirmatory water samples have been submitted for laboratory analysis. Results are not yet available. Upon receipt of the water sample laboratory analyses, we recommend that an MPCA Limited Site Investigation Report be prepared. We anticipate MPCA file closure. Please call me if you have any questions, (612) 939-9095. Applied Engineering, Inc. Thomas A. Greene, P.E. Atch: Report Report of Pindingo 5Z82 Industrial Drive, Eden prairie/ AS '~223 "'/29/99 BXBCUTIVE SUMMARY As requested by the City of Eden prairie, borings were conducted on the subject property to investigate for possible petroleum impacts. No petroleum hydrocarbons were identified during the initial field investigation. However, benzene was detected in the confirmatory laboratory analyses of two samples at concentrations of approximately one-one hundredth of the Minnesota Pollution Control Agency (MPCA) Action Level. All other laboratory analyzed constituents were below detection limits. A second field investigation was conducted to determine the horizontal and vertical extent of the petroleum impact. No petroleum hydrocarbons were identified in the second field investigation. Confirmatory water samples have been submitted for laboratory analyses and are not yet available. No impact to the groundwater is identified. Periding receipt of laboratory analyses, no further investigation or remediation is recommended. 2 ~eport of Findings SITE INFORMATION Site Address: Property Owner: Mailing Address: Phone: Consultant: Contact: Phone: PURPOSB 6282 Industrial Drive, Bden Prairie, AS '~i~3 7/3'/" Matt's Auto 6282 Industrial Drive Eden Prairie, Minnesota 55346 Matt Strodel 14521 Excelsior Boulevard Minnetonka, MN 55345 (612) 938-6356 Applied Engineering, Inc 2905 Oak Lea Terrace Wayzata, MN 55391 Thomas Greene (612) 939-9095 As requested by Matt Strodel, the purpose of this report is to provide documentation of the Geoprobe soil borings conducted at 6282 Industrial Drive, Eden Prairie, Minnesota, to the Eden Prairie Planning Commission for their meeting on Monday, August 3, 1999. The investigation was requested of Matt Strodel by the City of Eden Prairie. SCOPE OF WORK The scope of work included installing seven Geoprobe soil borings, soil and groundwater sampling, and field and laboratory analyses. The field investigation was accomplished on July 1 and 26, 1999. Geoprobe is the trade name for a hydraulic device that drives a one inch diameter steel rod through the soil to retrieve soil or water from a desired depth. BACKGROUND AND CHRONOLOGY According to the owner, Matt Strodel, the subject property was used as a car impoundment lot, operated by Matt's Auto. No tanks were known to exist at the site. A proposed property development prompted the Geoprobe subsurface investigation in order to meet city requirements. 3 R~port of Findings 6282 Industrial Drive. Eden Prairie; AS "22] 7/2'/'9 On July 1, 1999, three borings were installed (GP-1, GP-2 and GP- 3). Soil samples were collected from approximately six inches deep, and field analyzed with a photoionization detector (PIO). Confirmatory samples were also submitted for laboratory analysis. No petroleum hydrocarbons were detected in the field analyses. Upon receipt of laboratory results on July 22, 1999, it was discovered that benzene was detected at relatively very low concentrations in the samples from Geoprobe borings GP-2 and GP- 3. The detected concentrations are approximately one-one hundredth the MPCA Action Levels. Due to benzene being detected, a release was reported to the MPCA as required by Minnesota Law. A second, follow-up field investigation was conducted on July 26, 1999. Four additional borings were installed (GP-A1 to GP-A4), and deeper soil and water samples were collected from GP-2 and GP-3. The purpose of this investigation was to attempt to define the extent of the impact horizontally and vertically. No petroleum hydrocarbons were detected in the second field investigation PID analyses. Confirmatory water samples have been submitted for laboratory analyses. METHODS The following methods were used to conduct this investigation: Pield Analysis using Photoionization Detector (PID) Field screening methods used to distinguish petroleum impacted from non-impacted water included visual identification and odor detection, as well as use of a Photoionization Detector (PID) manufactured by HNU Systems, Inc. (Model PI-101 with a 10.2 eV lamp, calibrated to a benzene standard). Samples collected were placed into a clean, sealable plastic bag. The bag was sealed and agitated. Vapor headspace readings were obtained by inserting the PID probe through the seal and extracting a vapor sample. Sample Handling Methods Soil sample collection followed MPCA Fact Sheet 3.22, ~ Sample Collection and Analysis Procedures, dated July 1996, and MPCA Fact Sheet 3.23, Ground Water Sample Collection and Analysis Procedures, dated April 1996. Those samples selected for laboratory analyses were handled in accordance with Wisconsin modified EPA methods for gasoline range organic (GRO) and/or diesel range organic (DRO) methods. According to the laboratory, all analyses 4 6282 Industrial Drive. Bden Prairie; AS "223 7/2'/" were performed using Wisconsin modified EPA methods or other EPA methods. Geoprobe (TN) Soil Borings Geoprobe (TM) Systems equipment was operated by Applied Engineering to obtain soil samples at this location. The equipment included an impact-hammer probe rod driver, hollow 1" diameter, IIBIt style, steel threaded probe rods, a 221t long by 1.375" outside diameter soil core sampler, and a mill-slotted well point. Groundwater samples were obtained by driving the screen point to the desired depth. The intent of the sampling was to obtain a groundwater sample from as close as possible to the surface of the groundwater. Therefore, the presence of groundwater was checked periodically by inserting a 1/4" 1.0. polyethylene sample tubing full depth into the hollow rod. Once water was identified, a sample was pumped to the surface and immediately placed into sample jars for laboratory analyses. Between sampling points, the inside and outside barrel of the mill-slotted well point was scrubbed in a TSP solution and rinsed with water. Soil samples were obtained by driving the sealed core- sampler with a clean acetate liner to the desired depth. Hollow threaded probe rods in 3' segments are attached successively to the core sampler to reach the sampling depth. There, the piston stop-pin at the trailing end of the sampler is unscrewed and released using extension rods inserted down the inside diameter of the probe rods. This enables the piston to retract as it is displaced by soil being driven into the sampler. Upon removal from the bore hole, the liner containing the sample is retrieved from the core sampler. Laboratory Sample Analysis, Precision Environmental Mobile laboratory analyses were conducted on selected samples collected on 7/1/99. Samples were analyzed in accordance with MPCA guidelines for the constituents identified on the chain of custody. According to the laboratory, applicable analyses were performed in accordance with the protocol identified in EPA Methods 8010, 8015, 8020 and/or Minnesota Dept of Health method MDH 46SE. 5 Reporc of Findings 6282 Industrial Drive. aden Prairiel AS "223 7/2'1', Laboratory Sample Analysis, Pace Laboratories Laboratory analyses were conducted on selected samples collected on 7/26/99. Samples were analyzed in accordance with MPCA guidelines at a state certified laboratory, for the constituents identified on the chain of custody. According to the laboratory, all analyses were performed using Wisconsin modified EPA methods or other EPA methods. RESULTS A total of seven Geoprobe soil borings were installed at the locations identified on the attached sketch. Nine soil samples and two groundwater samples were collected and vapor head-space analyzed with a PID. No petroleum vapors were detected by the PID in any of the soil or water samples. No visual evidence of petroleum, and no petroleum odors were identified in any of the samples collected from the site. Three soil and two water samples were sent for confirmatory laboratory analysis. Vapor headspace readings are shown in the Table 1 below. Table 1. Vapor Headspace prD Readings Boring # Depth Sample Type prD Reading (soil/water) (ppm) GP-1 6" soil ND GP-2 6 11 soil ND 5' soil ND 13' water ND GP-3 6" soil ND 5' soil ND 9' water ND GP-Al 6" soil ND GP-A2 6" soil ND GP-A3 6" soil ND GP-A4 6" soil ND NO :; Not detected LaboratQry Analyses First-round soil samples collected from GP-1, 2, and 3 were sent for laboratory analyses. The results were all non-detectable 6 '-''', ....... '_I J. I .,.:.. t • u<..' Report of f'i:1d.l.nge 6282 Industria! Drive. Eden Prairie; AS '9223 7/29/99 except for benzene at 0.11 and 0.12 ppm in GP-2 and GP-3, at 6 inches deep. The soil sample results are summarized in Table 2. Second-round groundwater samples from GP-2 and GP-3 were submitted for laboratory analyses. Results are not yet available. Table 2. Soil Lab Analytical Results: Sample Depth GRO DRO S.,nzene Ethyl Toluene Xyl.,ne Code benzene GP-l ," <0.1 .<0.1 <0.01 <0.02 <0.01 <0.05 GP-2 6" <0.1 <0.1 0.11 ,,0.02 <0.01 <0.05 GP-3 ~. <0.1 <0.1 0.12 <0.02 <0.01 <0.05 Concentratl.ons shown l.n arts p p er ml.lll.on Laboratory reports are to be included in the MPCA Remedial Investigation Report, upon receipt from the laboratory. DISCUSSION The benzene concentrations identified in GP-2 and GP-3 at 6 inches deep are below the MPCA Soil Action Levels of 40 ppm PID and/or 1 ppm GRO/DRO for sandy soils where the water table is located within 25 feet. Deeper soil samples from 5 feet deep and groundwater samples collected from 9-13 feet deep in GP-2 and GP-3 had no detectable PID readings. No petroleum vapors were detected in the soil samples from the surrounding borings (GP-Al to GP-A4) . Based on field analyses, the release appears limited to the vicinity of borings GP-2 and GP-3. The vertical extent appears limited to less than five feet deep. The groundwater does not appear to be impacted. CONCLUSIONS -There has been a surface petroleum release identified at this site near GP-2 and GP-3, with concentrations below MPCA Action Levels. Pending Laboratory analysis, no evidence of a petroleum release was identified in the soil or water samples taken from the five Geoprobe borings. _ The above results report only on the points sampled and do not necessarily represent the entire site. 7 A_port of Findings 6214 In<ll.ll!lt.r.ial Drive, Bden Prairie, All .92a3 ·1/i!.IJ/" , RBCOMImNDATIONS Pending favorable laboratory results for the two groundwater samples submitted, no additional investigation appears to be necessary. An MPCA Limited Site Investigation (LSI) Report should be prepared for MPCA review/file closure. IN CLOSING This report represents op~n~on based on accepted analytical, industry, and MPCA standards. However, beyond this, no warranty is expressed or implied. jt3.~ kTai Yeow ~Environmental Scientist LA~e!::-~-project Engineer ~a.~ Thomas A. Greene, P.E. Project Manager Attachments: Site Plan showing Geoprobe Boring locations Precision Environmental Laboratory Report Boring Logs 8 --BORING LOG Borina # GP-2 IAE Proj" 9223 Srte Name: Matt's Auto Boring Date: 7/1199 & 7126199 ~rface Elevation (tt): ~ 100 Site Address: 6282 Industrial Drive Drilling Co.: Applied engineering Inc. Temperature (deg. F): 80 Eden PraIrie. MN 55346 Drill Rra Model: In-Houss Geoorobe ~t 1 of 1 Drilling Method: direct push Drill Crew Chief: Tal Yeow Sample Strata Moisture HNU Range Depth Change Water Content lAve! BIOtNS (ft) (ft) Depth level Description of Material Color (clry/d.,.,NlIntIdl (PPM) perS" 0-1' ~ Sand-Slit Mixture (SM) wI gravels· Dark Brown damp NO r--L r-2- ~ 6 -6' ....L Sand (SP) Brown damp NO ~ 7 ~ 8 --L. ~ 11 - --.!L ,-!L 13' Groundwater sample collected Dark Grey NO ~ ~ ~ ,...J!- ~ r-1L ~ 21 r-- ~ ...1L ~ 25 kuse add'i sheet" necessary) Bortng Abandonment Method: Bentonite End of Borlna Depth: 15 feet Surface Patch Type: None ObselVed Water level Depth: 13 feet Reviewed by: ~ ~ Printed Name: Taj Veow IApplled EDgiDeerlng, Inc. 2905 oak Lea Terrace Comments: V Wayzata, MInD. S5391 (!ill) 939-9095 • Sample collected from 6 Inches deep for laboratory analysis LO(J.a22:l; 7/2e1t1 BORING LOG 13onng# GP-1 IAE Pro; 1# 9223 Site Name: Malt's Auto Boring Date: 711199 Surface Elevation (ft): -100 Site Address: 6282 Industrial Drive Drilling Co.: Applied Engineering Inc. !Temperature (deg. F): 77 Eden Prairie, MN Drill Rig Model: In-House Geoprobe Sheet 1 of 1 Drilling Method: direct push Drill Crew Chief; Tal Yeow Sample Strata Moisture HNU Range Depth Change Water Content Level Blows {ft) Jft) Depth' Level Description of Material Color (dtyldample.turated) (PPM) ~!6" 0-1' r-L-Sand-Silt Mixture (SM) wI gravels· Brown damp NO ~ r-!- ~ ~ r--!- r!- 8 r-- r-L ~ ~ ~ --.!.L ~ ~ ~ --1L ....!L -1L ~ ~ ...E- ~ ~ 25 (Use add'l sheet If necessaty) Boling Abandonment Method: Bentonite End of Boring Depth: 1 feet Surface Patch Type: None Observed Water Level Depth: None Reviewed by: ~ ~ Printed Name: Tal Yeow jAppUed Engineering, Inc. 2905 Oak Lea Terrace Comments: V Wayzata, Minn. 55391 (611) 939-909S * Sample collected from 6 inches deep for laboratory 81Uliysls ~:71f11lt Site Plan Showing Geoprobe Boring Locations , t~t---~t~!-~~tt1111111 I I tt-tltt-lt-r-rt Ti --t-_t __ I_h_j __ +_~( t-r-H-· i-+-t-·~ "---t--t--t--t--t-.-U I--++-I I-r-i -11--r-T -~ .;~. -+--4 '1-t-I--w'-++--I - Matt'sAuto 6282 Industrial Drive I Eden Prairie, MN 55346 I I I Applied ~Ineering, Inc"1 2905 Oak lea Terrace Wayzata, MN 55391 AE Project 19223 Revised 7126199 \ \ \ Railroad \. I ----- -----Chain-link Fence - - ---- ---l II I I I I I I I I I I I • I I 1 I GP-1 I I I I I I I I I I 1 1 I I I I I : 8 Car Impoundment Lot : I~ f I ~ u.1 I =} ~I c '~I 1 'n; • GP-A3 ..... 1 cS ,i l .s:: I 01 I I I GP-A2 GP-3 GP-2 • GP-A4 i • I I· • I I I I I I I L_. ____ _ I I I I I ~----~ __ ~ ______ J This drawing is not a survey and not intended for purposes other than this environmental investigation Industrial Drive North 10 Feet L-.J ~QRIN(2l0G Borin{t # GP-3 ~E Proj ## 9223 Site Name: Matt's Auto Boring Dale: 7/1/99 & 7128199 Surface Elevation (ft): -100 Site Address: 6282 Industrial Drive DrillingCo.: Applied E"If"....,.n'l;l.nc. !Temperature (deg. F): 80 Eden Prairie. MN 55346 Drill Rig Model: In-House Geoprobe Sheet 1 of 1 Drilling Method: direct push Orin Crew Chief: Tal Yeow Sample Strata Moisture HNU Range O&pth Change Water Content level Blows (ft) (ft) Depth level Description of Material Color (d'Y/damplttllurahld) (PPM) ~_6" 0-1' ....1-San~ilt Mixture (SM) wI gravels· Brown damp NO r-2- 3 !---- r-L 5 -6' r-L Sand (SP) Brown damp NO r--L 7 t------ ~ r-L-9' Groundwater sample collected Dark Grey NO 10 t------ ~ r-!!- r-!!- 14 !---- ,r1L r-!L r-E- ~ ~ ~ r-lL ~ r-E- r-M- 25 Use add'I sheet If necessary) Boring Abandonment Method: Bentonite End of Boring Depth: 12 feet Surface Patch Type: None Observed Water Level Depth: 9 feet Reviewed by: ~_ ~ Printed Name: Tal Yeow AppUed EagiDeering, IDc, 2905 Oak Lea Terrace Comments: V Wayuta, Mban. 55391 (612) 939-9095 • sample collected from 6 inches deep for laboratory analysiS L0G-9223; 7126188 HUt<ING LOG Bonng # GP-A 1 AE Prot # 9223 Site Name: Matt's Auto Boring Dafe: 7126199 SUf1ace ElevatIOn (ft): -100 Site Address: 6282 Industrial Drive Drllllng Co.: Applied Engineerina Inc. Temperature (deg. F); 80 Eden Prairie, MN 55346 Drill Rig Model: In-House Geoprobe Sheet 1 of 1 Drllllng MethOd: direct push Drill Crew Chief: Tai Yeow Sample strata Moisture HNU Range Depth Change Water Content Level Blows (ft) (ft) Depth Level DescriQtion of Material Color (dryld8mpllllfUlUd) (PPM) perES" 0·1' .....L sand-Silt Mixture (SM) wI gravels Oarf<Brown damp NO ~ ~ ~ ~ r-L r-1- r-L --L ~ .....!.L 12 - ~ ~ ,--!L ,..1L ,..JL ~ ~ r--!L 21 !----- ~ r2L ~ 25 Use add'i sheet If necessary) BorIng Abandonment MethOd: Bentonite End of Boring Depth: 1 feet Surface Patch Type: None Observed Water Level Depth: None Reviewed by: ~~J ~ Printed Name: Tal Yeow fApplied EngilleerlDg, Int. (~ 2905 Oak Lea l'erraee Comments: V Wayzata, Minn. 55391 (612) 939--9095 1L004223: 712t198 BORING LO§_ ~oring # GP-A2 ~E Proj # 9223 Site Name: Matt's Auto BorIng Date: 7/26199 ~urface Elevation (ft): -100 Site Address: 6282 Industrial Drive Drilling Co.: Applied Engineering Inc. Temperature (deg. F): 80 Eden Prairie. MN 55346 Drill Rig Model: In-House Geoprobe Sheet 1 of 1 Drilling Method: direct push Drill Crew Chief: Tal Yeow Sample Strata Moisture HNU Range Depth Change Water Content level Blows (ft) (ft) Depth Level Description of Material Color (city/damplulurawd) (PPM) pet 6" 0-1' 1 -Sand-Slit Mixture (8M) wI gravels Brown damp NO rL- .-...L c-L -L --L -L -L -.L -1L r-1!- .-!L ~ 14 !--- r-!L ~ ~ ~ ~ r-2L ~ ~ ~ ~ 25 Use aden sheet If necessaryl Boring Abandonment Method: Bentonite End of Boring Depth: 1 feet Surface Patch Type: None Observed Water Leval Depth: None Reviewed by: ~ ~ Printed Name: Tal Yeow iApplied EngineeriDI, IDC. 2905 Oak Lea 1'errace Comments: U Wayzata, MinD. 55391 (611) 939-909S .. L.OG-a223; 71281H BORING LOG Boring # GP-A3 iAe Pro) # 9223 Site Name: Matt's Auto Boring Date: 7/28/99 lSurfaca Elevation (ft); -100 Site Address; 6282 Industrial Drive Drilling Co.: Applied Engineering Inc. Iremperature (dog. F); 80 Eden Prairie, MN 55346 Drill Rig Model; In-House Geoprobe [sheet 1 of 1 Drilling Method: direct push Drill Crew Chief: Tal Yeow Sample Strata Moisture HNU Range Depth Change Water Content level Blows (ft) (ft) Depth Level Description of Material Color (dlylclamp/sa1u11l1ec1) (PPM) per 6" 0-1' 1 ~ Sand-Silt Mixture (SM) wi gravels Brown damp NO ~ ~ ~ ~ ~ -2- ---L ~ ~ ~ ~ .-!!- .....!L ~ ....1L ~ r--1L ~ ~ 21 ~ ~ ~ 25 Use add'i sheet if necessary) Boring Abandonment Method: Bentonite End of Boring Depth: 1 feet Surface Patch Type: None Observed Waler Level Depth: None Reviewed by: ~ ~C> Printed Name: Tal Yeow jApplied EngiDeering, Ine. 1905 Oak Lea 1'erraee Comments: V Wayzata, Minn. 55391 (612) 939-909S --" OG-l223; 712Mt BORING LOG BOnng # GP-A4 AE ProL # 9223 Site Name: Malt's Auto BorIng Date: 7126199 Surface Elevation (ft): -100 Site Address: 6282 Industrial Drive Drillin~ Co.: Applied Englnearing Inc. Temperature (<leg. F): 80 Eden Prairie, MN 55346 Drill Rig Model: In-HOUle Geoprobe Sheet 1 of 1 Drilling Method: direct push Drill Crew Chief: Tal Yeow S8mpIe Strata Moisture HNU Range Depth Change Water Content Level Brow. (ft) (1\) Depth Level Description of Material Color (dlyldamplnturaled) (PPM) .~61f 0-1' r----L Sand (SP) wI gravels Brown damp NO ~ ~ r-L r--L r-L- r-!- ~ r-!- r-!!L- ~ ~ 13 r--- ~ ~ r--!L r--!L 18 r--- ~ ~ ~ 22 - ,2L ~ 25 Use add" sheet If necessary) Boring Abandonment Method: Bentonite End of Bori~_ Depth: 1 feet Surface Patch Type: None Observed Water Level Depth: None Reviewed by: ",L/JI-J J ,Ltl1D Printed Name: Tai YeoN A.pplied EDgiDeerine, Inc. ~ 1905 oak Lea Terrace Comments: U Wayzata, MinD. 55391 (612) 939-9095 OG-t223: 711&'81 f.£VIS(t[) · 'aepcrt Of Pindinga 6~8~ Industrial Drive, Eden P~61~1.1 AB "223 7/29/99 RBCOMMBNDAT:t:ONS Pending favorable laboratory results for the two groundwater samples submitted, no additional investigation appears to be necessary. An MPCA Limited Site Investigation (LSI) Report should be prepared for MPCA review/file closure. IN CLOSING This report represents op~n~on based on accepted analytical, industry, and MPCA standards. However, beyond this, no warranty is expressed or implied. -jfl.~ 1..Tai Yeow ~Environmental Scientist Lft~e!:-r-Project Engineer ~a~ Thomas A. Greene, P.E. Project Manager Attachments: Site Plan showing Geoprobe Boring locations Boring Logs 8 DATE: August 3, 1999 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Public Hearing SERVICE AREA: Public Works Eugene A. Die Requested Action ITEM DESCRIPTION: Amendment of TIF Financing Plan ITEM NO: Move to: Adopt resolution amending the Development Program and Tax Increment Financing Plans for Districts Nos. 1, 2, 3, 4, 5, 6 and 7. Synopsis This amendment to the Tax Increment Financing (TIF) plan does not alter collection of tax increments, but rather modifies the project list to more accurately reflect construction needs in the Major Center Area, particularly in the area of transportation planning --congestion, capacity, access and safety. Background Infonnation Although there have been certain amendments to the TIF plans and districts over the years, the last amendment to the Capital Spending Plan was made in 1992. The attachments include a revised TIF Capital Budget which anticipates spending the estimated balance of all the increments collected in the districts of $7,433,000. Most of the projects remain similar to the current budget, but ten new projects have been identified for inclusion in the list as follows: • Emergency Vehicle Preemption (EVP). This expenditure of $125,000 is to add EVP to signals that are in the TIF District and are part of a larger comprehensive program to systematically include EVP on all city, county and state signals in the community. • Additional Signals in the District: 1. Prairie Lakes Drive at Prairie Center Drive ($75,000) 2. Valley View Road at Market Place Drive/Super Valu east entrance ($100,000) 3. Golden Triangle Drive at Valley View Road ($175,000) 4. Shady Oak Road at Valley View Road ($175,00) 5. TH 212 at Regional Center Road ($18,000) • Signal Coordination Project ($250,000). This project anticipates coordinating many of the signals in the district to relieve congestion. • Reconfiguration of Intersection at Mitchell Road! Anderson Lakes Parkway/Scenic Heights Road and Installation of a Traffic Signal ($550,000). I " Amendment of TIF Financing Plan August 3, 1999 Page 2 of 3 • HOV Bypass Lane on Northbound Ramp from Valley View Road to 1-494 ($100,000). This project is the cooperative effort with Super Valu and MnDOT. • Valley View Road Reconstruction from Flying Cloud Drive to Golden Triangle Drive ($750,000). This project would upgrade Valley View Road to an urban section with curb and gutter and would increase capacity and safety on the roadway. The costs that are shown for the projects listed above are the estimated net impact to the TIF Budget. Many of the projects include additional funding from other sources, such as Super Valu, MnDOT, etc. In addition to adding these ten new projects, some small revisions in the estimated cost have been made to more accurately reflect 1999 cost estimates. However, two more significant changes were made in the Purgatory Creek Recreation Area (PCRA) Project and the Capacity Projects as identified in the BRW study. The PCRA project budget has been reduced from $1,600,000 to $1,200,000 to reflect a more modest approach to development of the PCRA entrance, while the Capacity Project budget has been increased from $645,000 in 1992 to $1,500,000. The Capacity Projects budget has been increased significantly to anticipate additional capacity enhancements that are intended to be more fully identified in the district as we begin a process to involve businesses and employers in trying to improve capacity and reduce demand in the Major Center Area. However, as final costs are established and paid for each of the projects on the list, modifications of the budget to maintain a spending level of $7,433,000 are anticipated to be made in the Capacity Project line item. The prescribed process for amending this plan includes a notification to the School Districts and Hennepin County. The attachments include a letter from Hennepin County that recognizes this amendment as a "no-impact" issue. We have no written response from the School Districts, but since there is no impact, we did not anticipate concerns being raised. Staff will be available at the council meeting to more fully describe the projects and answer questions. Staff recommends adoption of the resolution amending the Capital Budget for the TIF Districts. Attachments TIF Capital Budget (revised) Resolution Notice of Public Hearing 1999 Amendment Memorandum from City Manager, Chris Enger Memorandum from City Engineer, Alan Gray Letter from Hennepin County 2 TIF CAPITAL BUDGET (Revised 06!99) Project Name Estimated Cost I Columbine Road (Fountain Place-PCD) 700,000.00 2 Singletree Lane 400,000.00 3 Signals 3a * Emerg. Vehicle Pre-emption 125,000.00 3b PCDlFranlo Rd 175,000.00 3c Columbine!PCD 175,000.00 3d Plaza DrNV Rd 112,000.00 3e Fountain PIITH212 25,000.00 3f Ramps VV Rd!I-494 85,000.00 3g Ramps PCDII-494 90,000.00 3h * Prairie Lakes D!PCD 75,000.00 3i * VV RdlMarket PI/Super V 100,000.00 3j * Golden TriangleNV Rd 175,000.00 3k * Shady OaklVV Rd 175,000.00 31 * Signal Coordination Proj 250,000.00 3m * 212 Reg. Ctr Rd 18,000.00 4 * Mitchell! ALP!Scenic Hts Intersection 550,000.00 5 * HOV byPass VV RdlI-494 100,000.00 6 TH212 353,000.00 7 PCRA 1,200,000.00 8 Capacity Proj (BRW Study) 1,500,000.00 9 * VV Rd (FCD & .Gldn Tri Dr) 750,000.00 JO Urban Design Features 50,000.00 II Medcom Blvd 250,000.00 TOTAL 7,433,000.00 * New Projects 3 After some discussion, Councilmember introduced the ----------------------following resolution and moved its adoption: RESOLUTION NO. ------- RESOLUTION RELATING TO DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 1,2, 3, 4, 5, 6 AND 7; ADOPTING AMENDMENTS TO THE DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLANS THEREFOR BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. On September 22, 1981, this Council designated under Minnesota Statutes, Sections 469.124 to 469.134, as amended, certain land within the City as Development District No.1 (the "Development District") and adopted a Development Program therefor. The Development Program was subsequently amended by this Council on March 30, 1982, May 17, 1983, April 17, 1990, April 7, 1992, May 19, 1992 and September 7, 1993 (as so amended, the "Original Program"). Pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as amended (the "Act"), this Council has established Tax Increment Financing Districts Nos. 1, 2, 3, 4, 5, 6 and 7 (collectively, the "Districts") within the Development District and has adopted and in some cases amended Tax Increment Financing Plans therefor (as originally adopted or, if amended, as so amended, the "Original Plans") on the dates indicated below: Tax IncrementDate of Adoption Tax IncrementDate of Adoption District No. or Modification District No. or Modification 1 9/22/81; modified 5 5117183; modified 3/20/82, 5/17/83 4/17/90, 417/92, 417/92, 5119/92 5/19/92 and 917/93 and 917/93 2 3120/82; modified 6 8/16/83; modified 5/17/83,4/17/90, 4/17/90,417/92, 417/92, 5119/92 5/19/92 and 917/93 and 917/93 3 11116/82; modified 7 4/17/84; modified 5/17/83,4/17/90, 4117190, 417192, 417/92, 5/19/92 5/19/92 and 917/93 and 917/93 4 3/15/83; modified 5/17/83,4/17/90,417/92,5/19/92 and 917/93 Lf 1.02. It has been proposed that the City further amend its Development Program (the "Program Amendment") in order to authorize additional development activities to be undertaken by the City and private developers in the Development District and to amend the Original Plans (the "Plan Amendment") to provide a means of financing the capital and administrative costs to be incurred by the City in undertaking the development activities authorized by the Program Amendment. The Program Amendment has been transmitted to the planning agency of the City, which has determined that the Original Program as amended and supplemented by the Program Amendment (as so amended and supplemented, the "Program") conforms to the general plan for the development of the City. 1.03. Pursuant to Minnesota Statutes, Sections 469.126 and 469.175, the adoption of the Program Amendment and Plan Amendment is for the consideration of this Council. On August 3, 1999, this Council conducted a public hearing on the desirability of adopting the Program Amendment and the Plan Amendment. 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 22, 1999. 1.04. Members of the Board of County Commissioners of Hennepin County, the Board of Education of Independent School District No. 272 and the Board of Education of Independent District No. 287 were given an opportunity to meet with the City and comment on the Plan Amendment. At least 30 days before the public hearing the City provided the county and the school district boards with information on the fiscal and economic implications of the Plan. Section 2. Adoption of Program Amendment. On the basis of the proposed Program Amendment prepared by officers of the City and the information elicited from consultation with the planning agency and at the public hearing referred to in Section 1.03, it is hereby found, determined and declared: 2.01. The Council hereby ratifies and confirms its determination that there is a need for new development in the area of the City encompassed by the Development District to provide employment opportunities, to improve the tax base and to improve the general economy of the state. The Program Amendment proposes that the City undertake certain additional infrastructure improvements to encourage the development of land in the Development District. The Council hereby finds that the proposed development activities to be undertaken in the Development District pursuant to the Program Amendment would improve the Development District by encouraging development of property therein, thereby increasing employment and the tax base of the City and overlapping tax jurisdictions. It is in the best interests of the City to adopt the Program Amendment. 2.02. Upon review of the Program, the information elicited from the planning agency and at the public hearing, and on the basis of the findings made in Section 2.01, this Council hereby adopts the Program Amendment and orders that it be placed on file in the office of the City Clerk. Section 3. Approval of Plan Amendment. On the basis of the Plan Amendment and the information elicited at the public hearing referred to in Section 1.03, it is hereby found, determined and declared: 3.01. The Plan Amendment provides the means to finance the costs of additional activities to be undertaken pursuant to the Program Amendment. The Original Plans, as amended and supplemented by the Plan Amendment (as so amended and supplemented, the "Plans") contain a statement of objectives for the improvement of the Development District, a statement as to the development program for the respective District and a statement of the property within the Development District which the City intends to acquire. The Plans also estimate the capital and administrative costs of the Development District, the amount of bonded indebtedness to be incurred, the sources of revenues to finance or otherwise pay public costs of the respective District, the captured net tax capacity of the respective District at completion and the duration of the District. The Plans also describe and identify the development activities to be undertaken or expected to be undertaken in each District. The Plan Amendment further contains an estimate of the impact of the proposed tax increment financing on the tax capacities of all taxing jurisdictions in which each District is located. All the captured tax capacity is necessary for the objectives of each District. 3.02. This Council hereby finds based on a Memorandum of the City Manager that the proposed development of the Development District to be encouraged pursuant to the Program Amendment 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 necessary. The improvements to the transportation system are necessary in order to permit additional development to occur within the Development District. 3.03. This Council hereby finds based on a Memorandum of the City Engineer that the Plans conform to the general plan for the development of the City as a whole. Under the general plan for the development of the City the Districts are zoned so as to permit the uses proposed by the Program Amendment. 3.04. This Council hereby ratifies and confirms that the Plan Amendment will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of each of the Districts by private enterprise. The development activities contemplated in the Program Amendment would provide an opportunity for a significant increase in employment opportunities in the City and enhance the tax base of the City. 3.05. Upon review of the Plans, the information elicited at the public hearing and on the basis of the findings in Sections 3.01 to 3.04, this Council hereby approves the Plan Amendment. Section 4. Filing. The City Clerk is hereby authorized and directed to file the Program Amendment and the Plan Amendment with the Commissioner of Revenue as required by Minnesota Statutes, Section 469.175, Subdivision 2. Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Councilmember ______________ , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution declared duly passed and adopted and was signed by the Mayor, whose signature was attested by the Clerk. NOTICE OF PUBLIC HEARING ON AMENDMENT OF DEVELOPMENT DISTRICT NO.1 AND TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT DISTRICTS NOS. 1,2,3,4,5,6 AND 7 CITY OF EDEN PRAIRIE, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie, Minnesota (the "City"), will hold a public hearing on August 3, 1999, at 7:00 p.m., at the City Center located at 8080 Mitchell Road in Eden Prairie, Minnesota, on the adoption of an amendment of the Development Program for Development District No.1 (the "Development District") and the Tax Increment Financing Plans for Tax Increment Districts Nos. 1, 2, 3, 4, 5, 6, and 7 (the "Districts") established within the Development District, pursuant to Minnesota Statutes, Sections 469.124 to 469.134 and Sections 469.174 to 469.279, as amended. A copy of the proposed amendments is on file and available for public inspection in the office of the Finance Director at City Hall between the hours of 8:00 a.m. and 4:30 p.m. weekdays. The proposed amendment of the Development Program would authorized additional development activities be undertaken by the City and private developers in the Development District. Such development activities are intended to promote the development of the development district by the City and by private enterprise. Such development activities are currently estimated to cost approximately $7,433,000. The proposed amendment of the tax increment financing plans for the Districts would authorize the expenditure of tax increments from the District to pay capital and administrative costs associated with the development activities in the Development District. The map below shows the location of the development district within the City. All interested persons may appear at the public hearing at the time and place set forth above and present their views orally or in writing. rfrlepltif\ 1999notice s BY ORDER OF THE CITY COUNCIL Don Uram Finance Director 1999 AMENDMENT OF DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1 and 1999 AMENDMENT OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT DISTRICTS NOS. 1, 2, 3, 4, 5, 6 AND 7 August 3, 1999 CITY OF EDEN PRAIRIE, MINNESOTA 9 I. INTRODUCTION The City Council of the City of Eden Prairie, Minnesota (the "City") has determined that there is a need for the development of an area of the City designated as Development District No. 1 (the "Development District"), and has adopted a development program therefor, dated September 22, 1981 and subsequently amended on March 30, 1982, May 17, 1983, April 17, 1990, April 7, 1992, and May 19, 1992 and September 7, 1993 (as so amended, the "Original Program"), for development of the Development District. It is now necessary to amend the Original Program to provide for further actions to be taken in furtherance of development in the Development District. The actions to be taken by the City pursuant to this 1999 Amendment to Development Program (the "Program Amendment") are necessary to secure the development of the property included in the Development District at this time and in a manner which will best meet those needs. In order to finance the capital and administration costs to be incurred by the City in connection with the Development District, the City adopted, and in certain cases modified, on the dates indicated below tax increment financing plans (as so modified, the "Original Plans") for the following Tax Increment Districts (the "District" or collectively, the "Districts "): Tax IncrementDate of Adoption District No. or Modification 1 2 3 4 9/22/81; modified 3120/82, 5/17/83 4/7/92, 5/19/92 and 9/7/93 3/20/82; modified 5/17/83,4/17/90, 4/7/92, 5/19/92 and 9/7/93 11116/82; modified 5/17/83,4/17/90, 4/7/92, 5/19/92 and 9/7/93 3/15/83; modified 5/17/83,4/17/90, 4/7/92, 5/19/92 and 9/7/93 2 /D Tax IncrementDate of Adoption District No. or Modification 5 6 7 5/17/83; modified 4/17/90,4/7/92, 5/19/92 and 9/7/93 8/16/83; modified 4/17/90,4/7/92, 5/19/92 and 9/7/93 4/17/84; modified 4/17/90,4/7/92, 5/19/92 and 9/7/93 It is now necessary to amend the Original Plans by the following Plan Amendment to authorize additional expenditures to be financed with tax increment revenues. The Plan Amendment will not authorize the incurrence of additional bonded indebtedness or change the boundaries or the legal duration of any of the Districts. The Program Amendment and the Plan Amendment are adopted by the City Council of the City pursuant to the Development District Act, now codified at Minnesota Statutes, Sections 469.124 to 469.134, as amended, and the Tax Increment Financing Act, now codified at Minnesota Statutes, Sections 469.174 to 469.179, as amended. II. 1999 AMENDMENT TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1. A. Development Activities. The Development Activities are contained in Section 1.5 of the Original Program and are amended to include the 1999 Project, described on Exhibit A attached hereto and made a part hereof. B. Land Use Considerations. The public facilities described in Section A are financially feasible and compatible with long-range development plans. Acquisition of the property and property rights for the improvements described in Section A will provide impetus for private development within the Development District. C. Environmental Controls. It is presently anticipated that the Development Activities proposed in the Development District as set forth in this Program Amendment will not present major environmental problems. All municipal actions, public improvements and private development will be carried out in a manner that will comply with applicable environmental standards. D. Estimated Cost of 1999 Project. Estimated costs associated with the 1999 Project is $7,433,000, including acquisition, relocation, demolition and site clearance costs, construction, public improvement costs, the cost of professional services for planning, design, engineering and appraisals, contingencies and administration costs calculated at 5 %. The elements and the costs of the 1999 Project shown above are estimated to be necessary based upon the best engineering and cost information now available. It is anticipated that the elements of the costs of the 1999 Project may decrease or increase, but that the total costs will not exceed the amount shown above. E. Effect of Program Amendment. Except as amended and supplemented by this Program Amendment, the Original Program remains in full force and effect and its provisions apply to the provisions of this Program Amendment, except to the extent amended or supplemented hereby. 3 II III. PLAN AMENDMENTS. A. Estimated Capital and Administrative Costs of the 1999 Project. The estimated Capital and Administrative Costs of the 1999 Project will not be greater than the estimated Capital and Administrative Costs set forth in the Original Plans. B. Payment of Capital and Administrative Costs. 1. In General. All Capital and Administrative Costs will be paid from Tax Increment derived from the Districts. Administrative Costs from the 1999 Project will be paid from Tax Increments derived from the District. The City reserves the right to levy special assessments to finance in whole or in part the costs of the 1999 Project. 2. Bonded Indebtedness To Be Incurred. No indebtedness evidenced by Tax Increment Bonds will be incurred in connection with the 1999 Project. The City reserves the right to issue Special Assessment Bonds to pay, if necessary, costs of the 1999 Project. C. Fiscal and Economic Implications of Plan Amendment. The Plan Amendment has no fiscal and economic implication apart from those specified in the Original Plans since the Capital and Administrative Costs will not be greater than those set forth in the Original Plans. D. Effect of Plan Amendment. Except as amended and supplemented by this Plan Amendment, each of the Original Plans remains in full force and effect and its provisions apply to the respective provisions of this Plan Amendment, except to the extend amended or supplemented hereby. This Program Amendment and this Plan Amendment were adopted by the City Council of the City of Eden Prairie, Minnesota on the __ day of , 1999. Mayor Attest: City Clerk rfr\ep\tif\amendme.731 4 EXHIBIT A TIF CAPITAL BUDGET (Revised 06/99) Project Name &timated Cost I Columbine Road (Fountain Place-PCD) 700,000.00 2 Singletree Lane 400,000.00 3 Signals 3a * Emerg.Vehicie Pre-emption 125,000.00 3b PCDlFranio Rd 175,000.00 3c ColumbinelPCD 175,000.00 3d Plaza DrlVV Rd 112,000.00 3e Fountain PI/TH212 25,000.00 3f Ramps VV Rd/I-494 85,000.00 3g Ramps PCDII-494 90,000.00 3h * Prairie Lakes DIPCD 75,000.00 3i * VV RdlMarket PI/Super V 100,000.00 3j * Golden Triangle/VV Rd 175,000.00 3k * Shady OaklVV Rd 175,000.00 31 * Signal Coordination Proj 250,000.00 3m * 212 Reg. Ctr Rd 18,000.00 4 * Mitchell/ALP/Scenic Hts Intersection 550,000.00 5 * HOV byPass VV Rd/I-494 100,000 .00 6 TH212 353,000.00 7 PCRA 1,200,000.00 8 Capacity Proj (BRW Study) 1,500,000.00 9 * VV Rd (FCD & Gldn Tri Dr) 750,000.00 10 Urban Design Features 50,000.00 II Medcom Blvd 250,000.00 TOTAL 7,433,000.00 * New Projects 5 13 -MEMORANDUM- TO: Mayor and City Council Members FROM: Christopher Enger, City Manager DATE: August 3, 1999 SUBJECT: Tax Increment District Nos. 1,2,3,4,5,6 and 7 Improvements described in the 1999 Amendment of Development Program for Development District No.1 and the 1992-1 Amendment of Tax Increment Financing Plans for Tax Increment District Nos. 1,2,3,4,5,6 and 7 have been contemplated at least since the early 1970's and efforts have been made to construct the improvements through local improvement special assessments to benefitted lands procedure or through other private investment alternatives. Accomplishing this objective has met with only limited success with respect to a small part of the project. Improvements to street access and traffic flow has not historically been within the capability of private investment and there is no indication in the light of present economic conditions that private investment could, in the reasonably foreseeable future, cause the improvements to be made. Improvements to the street access and traffic flow, are necessary in order to permit additional development to occur within Development District No.1. The proposed development activity will encourage private development of property within the Development District thereby increasing employment and the tax base of the City and overlapping tax jurisdictions. TO: THROUGH: FROM: DATE: SUBJECT: -MEMORANDUM- Mayor and City Council Members Christopher Enger, City Manager Alan D. Gray, City Engineer August 3, 1999 Tax Increment District Nos. 1,2,3,4,5,6 and 7 I or the persons on my staff have inspected the location for the proposed project described in Exhibit A to the 1999 Amendment of Development Program for Development District No. 1 and 1999 Amendment of Tax Increment Financing District Nos. 1,2,3,4,5,6 and 7. The project described therein is wholly contained within the boundaries of Development District No.1. Under the general plan for development of the City the Districts are zoned so as to permit the uses proposed by the Amended Development Program. The proposed project conforms to the general plan for the development of the City as a whole. 15" Hennepin County July 19, 1999 Donald R. Uram, Financial Services Director City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Eden Prairie Proposed Amendments to TIF Plans for TI F Districts 1 through 7 Dear Mr. Uram: An Equal Opportunity Employer Enclosed is a report from Sandra Vargas, Hennepin County Administrator, to the Hennepin County Board, concerning the proposed Eden Prairie Amendments to TIF Plans for TIF Districts 1 through 7. Please arrange to have the report entered into the record of the public hearing of the Eden Prairie City Council on Tuesday, August 3, 1999, to reflect the input of Hennepin County, as provided by Minnesota Statutes, Section 469.175, Subd. 2. If you have any questions about this information, please call me at 348-5076. Sincerely, ~$n1ll.d$~ Jean M. Bierbaum, Senior Administrative Assistant Financial Analysis and Support Division JMB:jb RevuEdenPrairieAmend 1-783VTransmitlalLetter Taxpayer Services Department A-600 Hennepin County Government Center Minneapolis, Minnesota 55487-0060 16 Recycled Paper Date: To: From: Subject: .~ :-':Memo July 19, 1999 Board of Commissioners ) ". t· Sandra L. Vargas, County Administrato~~V" Eden Prairie Proposed Amendment to TIF Plans for TIF Districts 1 through 7 Public Hearing: August 3, 1999 at 7:00 p.rn. in the Eden Prairie City Center. HISTORY t,J TIF Districts No.1 through 7 were created in 1981 through 1984, and they have been decertified since 12/31/93. Prior to decertification they collectively generated approximately $31.3 million of tax increment. The TIF Plans have been modified several times to authorize changes either to the development plan or expenditures of tax increment. PROPOSAL Eden Prairie proposes amendment to the capital improvement budget for TIF Districts No. 1 through 7 to address transportation needs and congestion issues. The amendment will authorize additional development activities and expenditure of tax increment already generated to pay the development costs. Estimated costs associated with the 1999 Project is $7,433,000, including acquisition, relocation, demolition and site clearance costs, construction, public improvement costs, the cost of professional services for planning, design, engineering and appraisals, contingencies and administration costs calculated at 5%. The cost included in the 06/99 Revised TIF Capital Budget of $7,433,000 that is for new projects is $2,318,000, itemized below: Various Traffic Signal Developmentlinstallation $ 918,000 Development at MitchelVALP/Scenic Heights Intersection $ 550,000 Development at HOV bypass Valley View Road/1494 $ 100,000 Development at Valley View Road (FCD & Golden Triangle Drive) $ 750,000 Total Capital Budget Amended Costs $2,318,000 SUMMARY This proposed amendment neither enlarges the TIF Districts nor increases the amount of tax increment to be generated. It authorizes various new project developments and allocates tax increment on hand to pay for the development costs. All of the new projects are for traffic signals or development of well-traveled intersections in Eden Prairie. The amendment is technical in nature and therefore does not conflict with the Hennepin County Board preference for use of tax increment financing as identified in Hennepin County TIF Policy No. 92-10- 017R1, adopted October 27, 1992. A copy of this report will be forwarded to the Eden Prairie City Council with the request that it be entered into the public record of the tax increment district hearing on Tuesday, August 3, 1999. (RevuEdenPrairieAmend1.78399) 1'1 CITY COUNCIL AGENDA SECTION: Payment of Claims SERVICE AREAlDIVISION: ITEM DESCRIPTION: Community Development and Payment of Claims Financial Services/Don Dram Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 77395 to 77932 Wire Transfers 256 to 262 Background Information Attachments } DATE: August 3 , 1999 ITEM NO.: :slll COUNCIL CHECK SUMMARY 26-JUL-1999 (10:07) DIVISION TOTAL ------------------------------------------------------------------------------------------------------------------------ N/A LEGISLATIVE LEGAL COUNSEL GENERAL SERVICES EMPLOYEE BENEFITS INFORMATION TECHNOLOGY FINANCE HUMAN RESOURCES COMMUNITY SERV HUMAN SERV RISK MANAGEMENT/CUSTOMER SERVI WIRELESS COMMUNICATION ENGINEERING INSPECTIONS FACILITIES ASSESSING CIVIL DEFENSE POLICE FIRE PARK ADMIN STREETS/TRAFFIC PARK MAINTENANCE PARKS CAPITAL OUTLAY STREET LIGHTING FLEET SERVICES ORGANIZED ATHLETICS COMMUNITY DEV COMMUNITY CENTER BEACHES YOUTH RECREATION SPECIAL EVENTS ADULT RECREATION RECREATION ADMIN ADAPTIVE REC OAK POINT POOL ARTS PARK FACILITIES PUBLIC IMPROV PROJ EMPLOYEE PAYROLL DEDUCTIONS CITY CENTER SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW CUB FOODS TRUST FUNDS WATER DEPT SEWER DEPT STORM DRAINAGE AGENCY FUNDS EQUIPMENT GRANTS $9,216.70 $2,422.00 $400.00 $9,551.18 $13,953.99 $20,737.14 $385.73 $2,193.68 $103.83 $10,175.00 $127,477.81 $8,739.13 $6,146.24 $2,283.86 $12,365.93 $538.00 $50.24 $58,551.66 $5,784.89 $269.50 $12,716.03 $40,525.42 $4,960.00 $50,079.54 $14,278.36 $9,745.82 $788.14 $10,224.21 $279.62 $14,521.47 $195.24 $93.18 $7.69 $1,895.00 $1,097.29 $28.00 $417.00 $295,620.25 $548,473.38 $450.99 $628.36 $41,200.11 $44,311.06 $115,514.94 $58,850.00 $134,957.14 $1,449.13 $33,310.74 $6,369.64 $26,857.68 $23.65 $1,761,215.59* .2 COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 77396 77397 77398 77399 77400 77401 77402 77403 77404 77405 77406 77407 77409 77410 77411 77412 77413 77414 77415 77416 77418 77419 77420 77421 77422 77423 77424 77425 77426 77427 77428 77432 77433 77434 77435 77436 77437 77438 77439 77440 77441 77442 77443 77444 77445 77446 77447 77448 77449 77450 77451 77452 77453 77454 77455 $525.00 $8,466.75 $58,261. 50 $8,309.66 $1,000.00 $1,099.26 $612.00 $1,661.65 $751.13 $13,924.04 $9,482.74 $6,085.85 $1,409.37 $3,216.88 $271.08 $497.55 $2,700.45 $347.60 $714.96 $3,911. 53 $15,995.10 $709.61 $107.10 $113.50 $70.00 $3.50 $44.50 $42.00 $30.00 $943.61 $6,704.01 $58.00 $30.00 $37.25 $2.60 $30.00 $19.55 $25.00 $25.80 $29.00 $70.00 $25.00 $3,702.61 $100.00 $42.00 $157.00 $26.00 $1,983.66 $25.00 $30.00 $45.00 $50.00 $50.00 $25.00 $276.90 VENDOR HONKERS AWAY MACQUEEN EQUIPMENT INC METROPOLITAN COUNCIL NORTHERN STATES POWER CO TEMPORARY HEROS US WEST COMMUNICATIONS DAHLHEIMER DISTRIBUTING COMPAN DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VII NORTH STAR ICE PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRTS INC PINNACLE DISTRIBUTING PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING WINE COMPANY, THE LIBERTY MUTUAL SCHLEISMAN, DEANNA ADAMS, SALLY ALLEN, SARAH ANDERSON, LYDIA BULGER, LEO CONRAD, ANN TIE COMMUNICATIONS INC CORPORATE EXPRESS DOSSA, SANDRA FARELLO, MARILYN FEDEX FETTER, SUSAN HAGGERTY, BETTY JO HELLING, LAURIE HERZAN, CHRISTI KETTELL, PAULA KINDERBERRY HILL KNUTSON, JEANNE MANION, PATTY MINNESOTA STATE TREASURER MURPHY, TRICIA & STEVEN NOELDNER, SHARI NORMAN, KAY NORRIS, DENISE NORTHERN STATES POWER CO OLSON, JODY OLSON, SUSAN PETERSON, KIMBERLY RAO, ME ERA RATH, TAMARA SCHOOL RESOURCE OFFICER TRAINI SUPER JUMP DESCRIPTION OTHER CONTRACTED SERVICES MACHINERY EQUIPMENT DUE TO OTHER GOVNT UNITS ELECTRIC OTHER CONTRACTED SERVICES TELEPHONE BEER 6/12 BEER 6/12 WINE IMPORTED BEER 6/12 MISC TAXABLE MERCHANDISE FOR RESALE TOBACCO PRODUCTS BEER 6/12 MISC TAXABLE WINE IMPORTED WINE DOMESTIC TOBACCO PRODUCTS WINE DOMESTIC WINE DOMESTIC BEER 6/12 WINE IMPORTED HOPE LOAN RECEIVABLE HOPE LOAN RECEIVABLE ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES SCHOOLS ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG TELEPHONE OFFICE SUPPLIES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG CONTRACTED REPAIR & MAINT ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG OPERATING SUPPLIES-GENERAL ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG BLDG SURCHARGES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES LESSONS/CLASSES ELECTRIC ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG SCHOOLS CHEMICALS 3 26-JUL-1999 (10 PROGRAM ROUND LAKE P/W REVOLVING FUND SAC AGENCY FUND WATER TREATMENT PLANT ADAPTIVE INTEGRATED SR CTR OPERATIONS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS hope auto repair hope auto repair SUMMER SKILL DEVELOP POOL LESSONS FITNESS CLASSES SUMMER SKILL DEVELOP SPECIAL EVENTS/TRIPS GENERAL GENERAL POOL LESSONS SPECIAL EVENTS/TRIPS EQUIPMENT MAINTENANCE AFTERNOON PLAYGROUND SPECIAL EVENTS/TRIPS SUMMER THEATRE SUMMER SKILL DEVELOP ICE ARENA POOL LESSONS SUMMER SKILL DEVELOP OUTDOOR CTR PROGRAM BUILDING SURCHARGE SUMMER SKILL DEVELOP OUTDOOR CTR PROGRAM POOL LESSONS OAK POINT LESSONS WATER WELL #10 SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS SUMMER SKILL DEVELOP YOUTH ATHLETICS YOUTH ATHLETICS POLICE PRESCHOOL PLAYGROUND COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 77456 77457 77458 77459 77460 77461 77462 77463 77465 77466 77467 77468 77469 77470 77471 77472 77473 77474 77475 77476 77477 77478 77479 77480 77481 77482 77485 77486 77487 77488 77489 77490 77491 77492 77493 77494 77497 77498 77499 77500 77501 77502 77503 77504 77505 77506 77507 77508 77509 77510 77511 77512 77513 77514 77515 $117.00 $13.00 $25.00 $238.14 $20.00 $165.00 $49.44 $1,177.48 $372.50 $416.33 $595.22 $5,859.06 $1,761. 06 $10.00 $898.33 $268.00 $93.19 $59.50 $1,067.91 $617.58 $1,652.29 $954.00 $18.98 $133.00 $1,208.38 $1,000.00 $247.63 $13,587.15 $69.96 $25.00 $100.00 $5,113.00 $5,267.79 $103.54 $1,242.49 $6,966.95 $40.00 $40.00 $60.00 $1,760.00 $261.00 $12,817.04 $55,646.38 $50.78 $273.21 $35.00 $23.65 $177.60 $1,218.12 $429.73 $1,104.19 $584.00 $2,994.10 $2,522.93 $1,308.94 VENDOR TENPAS, KATHLEEN THIES, THERESA TRAYNOR, MARSHA US WEST COMMUNICATIONS VANDERSTEEN, VICTORIA WILD MOUNTAIN REC AREA AMERIPRIDE LINEN & APPAREL SER BELLBOY CORPORATION CENTRAIRE INC DMX/SOUND PRODUCTS EAGLE WINE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO M SHANKEN COMMUNICATIONS INC MARK VII MIDWEST COCA COLA BOTTLING COM NEON IMAGES PEPSI COLA COMPANY PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO SOUTHWEST SUBURBAN PUBLISHING- STAR TRIBUNE THORPE DISTRIBUTING WORLD CLASS WINES INC BCA/FORENSIC SCIENCE LABORATOR CELEBRATION GIFTS CRYSTEEL TRUCK EQUIPMENT INC DUPONT, BRENT EXCELSIOR, CITY OF FEDERAL RESERVE BANK OF MPLS GLEN LAKE GOLF/PRACTICE CENTER ICMA RETIREMENT TRUST-457 MILLARD, CHRIS MINN CHILD SUPPORT PAYMENT CTR MINNEGASCO MINNESOTA DEPT OF COMMERCE MINNESOTA TEAMSTERS CREDIT UNI MPWA MTOA PUBLIC EMPLOYEES RETIREMENT GREAT WEST LIFE AND ANNUITY PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT AS REBS MARKETING STARRY ART SUBURBAN CHEVROLET GEO UNITED WAY US POSTMASTER -HOPKINS US WEST COMMUNICATIONS US WEST COMMUNICATIONS BCA CJIS ID UNIT DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO DESCRIPTION LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG TELEPHONE ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS FEES OTHER CONTRACTED SERVICES MERCHANDISE FOR RESALE CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES WINE IMPORTED MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE MISC TAXABLE BEER 6/12 MISC TAXABLE CONTRACTED BLDG REPAIRS MISC TAXABLE MERCHANDISE FOR RESALE WINE DOMESTIC MERCHANDISE FOR RESALE ADVERTISING MISC TAXABLE BEER 6/12 WINE IMPORTED SCHOOLS OPERATING SUPPLIES-GENERAL MACHINERY EQUIPMENT CLOTHING & UNIFORMS CONFERENCE BOND DEDUCTION INSTRUCTOR SERVICE DEFERRED COMP SCHOOLS GARNISHMENT WITHHELD GAS PROFESSIONAL SERVICES CREDIT UNION CONFERENCE SCHOOLS LIFE INSURANCE W/H DEFERRED COMP PERA WITHHELD PERA WITHHELD OTHER CONTRACTED SERVICES TRAINING SUPPLIES OPERATING SUPPLIES-GENERAL UNITED WAY WITHHELD POSTAGE TELEPHONE TELEPHONE PHYSICAL & PSYCO EXAM BEER 6/12 BEER 6/12 MERCHANDISE FOR RESALE 26-JUL-1999 (10 PROGRAM POOL LESSONS AFTERNOON PLAYGROUND SUMMER SKILL DEVELOP PRAIRE VIEW LIQUOR #3 YOUTH TENNIS TEEN WORK PROGRAM LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS POLICE POLICE P/W REVOLVING FUND POLICE IN SERVICE TRAINING FD 10 ORG SPRING SKILL DEVELOP FD 10 ORG POLICE FD 10 ORG FIRE STATION #5 POLICE FD 10 ORG IN SERVICE TRAINING POLICE FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG WATER ACCOUNTING POLICE AUTO THEFT PREVENTION GRANT FD 10 ORG WATER ACCOUNTING GENERAL FIRE HUMAN RESOURCES LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 77516 77517 77518 77519 77520 77521 77522 77523 77525· 77526 77527 77528 77529 77530 77531 77532 77533 77534 77535 77536 77537 77538 77539 77540 77541 77542 77543 77544 77545 77546 77547 77548 77549 77550 77551 77552 77553 77554 7~555 775.56 77557 77558 77559 77560 77561 77562 77563 77564 77565 77566 77567 77568 77569 77570 77571 $111.75 $411.30 $43.49 $4,525.55 $74.46 $5,389.94 $36.75 $72.73 $171. 00 $5,329.76 $158.00 $1,160.83 $80.93 $325.50 $324.00 $190.00 $119,054.50 $259,110.72 $607.00 $62.90 $4,396.59 $198.80 $5,182.62 $68.53 $1,701.00 $525.00 $104.38 $51. 00 $500.00 $40.31 $163.68 $59.40 $37.26 $2,748.00 $23.41 $43.98 $4.18 $83.44 $385.73 $2.96 $14.69 $181. 23 $19.71 $35.00 $279.03 $29.38 $33.54 $40.77 $72.56 $25.00 $7,530.00 $12.81 $65.92 $124.18 $213.00 VENDOR MARK VII NORTH STAR ICE PRIOR WINE COMPANY THORPE DISTRIBUTING CARLSON, JODY HOPKINS, CITY OF JOHNSON, JAIMS GLENN LANDKAMER, MANDY MINNESOTA DEPARTMENT OF PUBLIC MINNESOTA STATE TREASURER MINNESOTA TWINS NORTHERN STATES POWER CO PETSMART SHERATON INNER HARBOR US FILTER PERRIN PRODUCTS INC VISIONARY SYSTEMS LTD LEAGUE OF MINNESOTA CITIES INS MEDICA CHOICE GRAPE BEGINNINGS GTE DIRECTORIES JOHNSON BROTHERS LIQUOR CO PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRTS INC QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING TROCHLIL, BRADLEY JOSEPH AT&T BARLI, ROBERT CASH-DENNIS PAULSON CHRISTIANSON, JENNA CORDES, JEFFREY DONABAUER, LUKE DUPONT, BRENT E.P.F.S. ELFSTROM, BRIANA ESBENSEN, GEORGE FLESCH, KATE GHOSE, MILA GREAT RIVER ENERGY GRONEWALD, RACHEL HAYS, ELYSA HUEBL, LISA ISENSEE, DANA JEFFERSON, AIMEE JUSTUS LUMBER COMPANY KISTNER, MATT KOHNEN, WENDY KROC, REBECCA KURZEKA, MEGAN LEAGUE OF MINNESOTA CITIES LEAGUE OF MINNESOTA CITIES INS LEBOW, ALLISON LIONS TAP MENARDS MINNEAPOLIS AREA ASSOC OF REAL DESCRIPTION MISC TAXABLE MISC TAXABLE WINE DOMESTIC BEER 6/12 TRAVEL DEPOSITS TRAINING SUPPLIES TRAVEL BIKE REGISTRATIONS BLDG SURCHARGES SPECIAL EVENTS FEES ELECTRIC CANINE SUPPLIES TRAVEL EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL INSURANCE COBRA COSTS/REV WINE DOMESTIC ADVERTISING MERCHANDISE FOR RESALE WINE DOMESTIC WINE IMPORTED WINE DOMESTIC BEER 6/12 OTHER CONTRACTED SERVICES TELEPHONE OPERATING SUPPLIES-GENERAL INVESTIGATION TRAVEL OTHER CONTRACTED SERVICES MILEAGE AND PARKING OTHER CONTRACTED SERVICES CLOTHING & UNIFORMS OTHER CONTRACTED SERVICES REC EQUIP & SUPPLIES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES PRINTING OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES MILEAGE AND PARKING OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES BUILDING MATERIALS OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL MILEAGE AND PARKING OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL INSURANCE OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL 26-JUL-1999 (10 PROGRAM PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 IN SERVICE TRAINING ESCROW FIRE IN SERVICE TRAINING FD 10 ORG BUILDING SURCHARGE TEEN WORK PROGRAM WATER WELL #5 POLICE FIRE WATER TREATMENT PLANT INSPECTION-ADMIN SAFETY BENEFITS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 ADAPTIVE INTEGRATED GENERAL SUMMER SAFETY CAMP POLICE TEEN WORK PROGRAM TREE DISEASE TEEN WORK PROGRAM POLICE SUMMER SAFETY CAMP SPORTS/SPECIAL CAMPS FIRE PRESCHOOL PLAYGROUND TEEN WORK PROGRAM FINANCE DEPT PRESCHOOL PLAYGROUND TEEN WORK PROGRAM TREE DISEASE AFTERNOON PLAYGROUND TEEN WORK PROGRAM OUTDOOR CENTER-STARING LAKE TEEN WORK PROGRAM SUMMER SAFETY CAMP TEEN WORK PROGRAM TEEN WORK PROGRAM PARK MAINTENANCE SAFETY TEEN WORK PROGRAM FIRE PARK MAINTENANCE ASSESSING-ADMIN CO~CIL CHECK REGISTER CHECK NO CHECK AMOUNT 77572 77573 77574 77575 77576 77577 77578 77579 77580 77581 77582 77583 77584 77585 77586 77587 77588 77589 77590 77591 77592 77593 77594 77595 77596 77597 77598 77599 77600 77601 77602 77603 77604 77605 77606 77607 77608 77609 77610 77611 77612 77613 77614 77615 77616 77617 77618 77619 77620 77621 77622 77623 77624 77625 77626 $11.00 $495.00 $625.82 $51.00 $36.00 $183.45 $23.96 $53.13 $103.10 $33.13 $75.00 $8.18 $43.13 $8.75 $76.95 $25.63 $60.45 $89.75 $27.81 $1,927.00 $3,362.72 $10.63 $22.00 $59.06 $375.00 $70.00 $18.87 $26.00 $64.38 $75.00 $81.68 $103.50 $36.88 $54.00 $166.26 $28.75 $45.00 $300.00 $18.75 $61.25 $29.00 $26.00 $64.38 $52.00 $40.00 $2.75 $52.50 $58.84 $12.56 $35.00 $779.70 $29.00 $26.00 $20.00 $200.00 VENDOR MINNESOTA TWINS NATIONAL LEAGUE OF CITIES NORTHERN STATES POWER CO OLSON, COURTNEY OLSON, DAVID PETTY CASH PHlHAL, ANGIE PLOSZAY, ANDREA QUALITY WASTE CONTROL INC ROSENWINKEL, WILL SCHILLING, STEVE SCHMIDTLEIN, KATE SEVERSON, NIK SHERMAN, AMY STRICHARCHUK, NICK STUCKEL, BARBARA SWAGGERT, NATALIE SWANK, PENNY SWANSON, EMILY UNITED STATES CONFERENCE OF MA US WEST COMMUNICATIONS WIKLAND, KELLY WILSON, KELLY WIVELL, JONATHAN 21ST INT'L ASIAN ORG CRIME CON AKHTAR, MOIZ BLECHTA, CRAIG BORRELL, KATHIE CABLE, LINDSEY CALLANDER, JULIA COPELAND, BRIAN ELFSTROM, JOCELYN FINNEGAN, BRADLEY GAYTHER, JAMES HANLON, STEVE HAVERSTOCK, HENRY HEATON, CHELSEA HEPOLA, RALPH HUANG, LEI JOHNSON, MICHAEL JORGENSEN, KAREN KARR, KATHY KOKESH, ELIZABETH LACERTE, YVES LANGSDORF, TARA LEI, QIAN LENNON, DAN MAYER, ERIC NORTHERN STATES POWER CO O'CONNELL, MICHAEL OPPIDAN INC PEROUTKA, CARMEN PETERS, KAY RAMANUJAN, JAYASHREE RAMSEY CTY SHERIFF'S DEPT DESCRIPTION SPECIAL EVENTS FEES CONFERENCE ELECTRIC OPERATING SUPPLIES-GENERAL SPECIAL EVENTS FEES OTHER REVENUE OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES WASTE DISPOSAL OTHER CONTRACTED SERVICES LANDSCAPE MTLS & AG SUPPL OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES EMPLOYEE AWARD OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES CONFERENCE TELEPHONE OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES SCHOOLS OTHER CONTRACTED SERVICES TRAINING SUPPLIES LESSONS/CLASSES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES LESSONS/CLASSES OTHER CONTRACTED SERVICES LESSONS/CLASSES LESSONS/CLASSES OTHER CONTRACTED SERVICES LESSONS/CLASSES OTHER CONTRACTED SERVICES LESSONS/CLASSES OTHER CONTRACTED SERVICES ACCTS REC-CUSTOMER ELECTRIC ADULT/YOUTH/OUTDOOR CTR PROG DEPOSITS LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES DEPOSITS 26-JUL-1999 (10 PROGRAM TEEN WORK PROGRAM COUNCIL ROUND LAKE DAY CAMP SUMMER SKILL DEVELOP FD 10 ORG AFTERNOON PLAYGROUND TEEN WORK PROGRAM FIRE STATION #1 TEEN WORK PROGRAM WESTGATE PARK AFTERNOON PLAYGROUND TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM HUMAN RESOURCES TEEN WORK PROGRAM TEEN WORK PROGRAM COUNCIL FIRE TEEN WORK PROGRAM SUMMER SKILL DEVELOP TEEN WORK PROGRAM POLICE TEEN WORK PROGRAM FIRE POOL LESSONS TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM FIRE TEEN WORK PROGRAM TEEN WORK PROGRAM ADAPTIVE INTEGRATED OAK POINT LESSONS TEEN WORK PROGRAM OAK POINT LESSONS OAK POINT LESSONS TEEN WORK PROGRAM POOL.LESSONS TEEN WORK PROGRAM POOL LESSONS TEEN WORK PROGRAM WATER DEPT CIVIL DEFENSE SUMMER SKILL DEVELOP ESCROW POOL LESSONS POOL LESSONS POOL LESSONS ESCROW COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 77627 77628 77629 77630 77631 77632 77633 77634 77635 77636 77637 77638 77639 77640 77641 77642 77643 77644 77646 77648 77649 77650 77651 77652 77-653 77654 77655 77656 77657 77658 77659 77660 77661 77662 77663 77664 77665 77666 77668 77669 77670 77671 77672 77673 77674 77675 77676 77678 77679 77680 77681 77682 77683 77684 77685 $60.00 $35.00 $34.38 $90.00 $29.00 $60.08 $29.00 $216.00 $18.75 $15.12 $25.80 $134.60 $1,190.00 $2,131. 20 $5,296.81 $14,529.45 $331. 50 $12,009.77 $12,828.29 $1,555.64 $5,748.30 $60.75 $1,278.91 $2,435.88 $10,618.04 $11,365.50 $77.94 $31. 99 $250.00 $249.82 $75.00 $106.00 $640.20 $150.00 $200.00 $2,000.00 $51. 22 $1,924.91 $74.24 $2,794.82 $1,142.75 $325.95 $117.00 $4,573.28 $2,074.52 $96.50 $1,489.39 $29.00 $58.00 $35.00 $43.90 $25.00 $14,417.55 $50.00 $29.00 VENDOR RYLANDER, KAREN SENSIBLE LAND USE COALITION SHEA, LIZ SPAETH, KARYN STEFFEN, HEIDI SWANK, ANNA-LISA UPPALURI, ANURADHA US WEST COMMUNICATIONS VAN VOOREN, AMY VOEHL, TERESA WILLIAMS, JILL AMERIPRIDE LINEN & APPAREL SER DAHLHEIMER DISTRIBUTING COMPAN DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GETTMAN COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VII NORTH STAR ICE PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING WINE MERCHANTS INC DUPONT, BRENT KORPACZ COMPANY INC, THE LEAGUE OF MINNESOTA CITIES INS MINNESOTA REAL ESTATE JOURNAL MORROW, LYNN NORTHERN STATES POWER CO OCEL, JIL PETTMAN, SHAWN PROMOTION GROUP, THE AMERIPRIDE LINEN & APPAREL SER BELLBOY CORPORATION GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MARK VII MIDWEST COCA COLA BOTTLING COM PEPSI COLA COMPANY PHILLIPS WINE AND SPIRTS INC QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING AIRTOUCH CELLULAR, BELLEVUE ALLEN, SHARON BENDZICK, ANDREW CAMPBELL, MARY CROTTY, MARTIN & KATHERINE DIEBOLD, ELIZABETH DON RIHN TRANSPORT DONNAN, AMY DREKE, JULIE DESCRIPTION LESSONS/CLASSES CONFERENCE OTHER CONTRACTED SERVICES LESSONS/CLASSES LESSONS/CLASSES OTHER CONTRACTED SERVICES LESSONS/CLASSES TELEPHONE LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES REPAIR & MAINT SUPPLIES BEER 6/12 BEER 6/12 MERCHANDISE FOR RESALE BEER 6/12 MISC TAXABLE MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE TOBACCO PRODUCTS BEER 6/12 MISC TAXABLE WINE DOMESTIC WINE DOMESTIC WINE IMPORTED BEER 6/12 WINE DOMESTIC CLOTHING & UNIFORMS OPERATING SUPPLIES-GENERAL INSURANCE OPERATING SUPPLIES-GENERAL CLOTHING & UNIFORMS ELECTRIC INSTRUCTOR SERVICE ROUND LAKE PAVILION CLOTHING & UNIFORMS OTHER CONTRACTED SERVICES MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE WINE DOMESTIC BEER 6/12 MISC TAXABLE MISC TAXABLE WINE IMPORTED WINE IMPORTED BEER 6/12 TELEPHONE LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG OTHER CONTRACTED SERVICES ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES 26-JUL-1999 (10 PROGRAM ICE ARENA IN SERVICE TRAINING TEEN WORK PROGRAM ICE ARENA POOL LESSONS TEEN WORK PROGRAM POOL LESSONS GENERAL OAK POINT LESSONS OAK POINT LESSONS ICE ARENA PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS POLICE ASSESSING-ADMIN SAFETY ASSESSING-ADMIN POLICE TRAFFIC SIGNALS OUTDOOR CTR PROGRAM PARK FACILITIES INSPECTION-ADMIN LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS FIRE OAK POINT LESSONS SUMMER SKILL DEVELOP SUMMER SKILL DEVELOP AFTERNOON PLAYGROUND SPECIAL EVENTS/TRIPS WATER TREATMENT PLANT SUMMER SKILL DEVELOP OAK POINT LESSONS COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 77686 77687 77688 77689 77690 77691 77692 77693 77694 77695 77696 77697 77698 77699 77700 77701 77702 77703 77704 77705 77706 77707 77708 77711 77712 77713 77714 77715 77716 77717 77718 77719 77720 77721 77722 77723 77724 77725 77726 77727 77728 77729 77730 77731 77732 77733 77734 77735 77736 77743 77744 77745 77746 77747 77748 $17.17 $35.24 $50.00 $132.00 $16.00 $9.50 $79.99 $249.67 $64.00 $35.00 $57.00 $7.40 $35.00 $400.00 $69.00 $23.00 $30.00 $97.11 $30.00 $72.87 $80.00 $96.08 $70,933.21 $42.00 $23.33 $34.00 $590.79 $25.50 $29.00 $35.00 $227,373.50 $206.00 $196.93 $320.86 $8,460.00 $138.45 $190.26 $824.75 $129.51 $462.60 $104.29 $90.00 $80.51 $846.50 $431. 56 $6,274.40 $24.50 $110.00 $18,331.49 $633.80 $549.00 $186.01 $112.04 $4,257.18 $2,965.42 VENDOR EDEN PRAIRIE COMMUNITY CENTER EMI ERICKSON, JILL FEATHERSTONE, LYNN FOX, LISA FROEHLE, NOLA GElS, ROB GLENWOOD INGLEWOOD GREGSON, SUSAN JOHNSON, SANDRA KEELER, MICHELLE KURVERS, KAREN LANE, SHARON LANG PAULY GREGERSON AND ROSOW LOOBEEK, INA LYNCH, GRETCHEN MCMUNN, PATTY MENARDS MEYERS, PAUL MINNCOMM PAGING MORAN, ELIZABETH MUELLER, CYNTHIA NORTHERN STATES POWER CO NYROP, SHARON O'CONNELL, MICHAEL PENA, RAMONA QUALITY WASTE CONTROL INC SIM, ANGELA SIMONSON, KIM SORNBERGER, AGGIE SOUTHWEST METRO TRANSIT VICTORIA REPAIR & MFG WYFFELS, BILL A TO Z RENTAL CENTER A-1 SURFACING AAA LAMBERTS LANDSCAPE PRODUCT ABLE HOSE & RUBBER INC AMERICAN WATER WORKS ASSOCIATI ANCHOR PRINTING COMPANY AQUAM INC ASPEN REACH EQUIPMENT COMPANY AUDIOVISUAL INC AUTO ELECTRIC SPECIALISTS BARTL, JEFF BAUER BUILT TIRE AND BATTERY BERGH'S FABRICATING INC BERRY COFFEE COMPANY BETH AND MORLEY BURNETT BIFFS INC BLOOMINGTON LOCK AND SAFE* BRAUN INTERTEC CORPORATION BRO-TEX INC BROADWAY AWARDS BROCK WHITE CO LLC BROTHERS FIRE PROTECTION DESCRIPTION OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG CLOTHING & UNIFORMS REPAIR & MAINT SUPPLIES ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL COMMUNITY EVENTS LEGAL SERVICE ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES ADULT/YOUTH/OUTDOOR CTR PROG REPAIR & MAINT SUPPLIES ADULT/YOUTH/OUTDOOR CTR PROG COMMUNICATIONS ADULT/YOUTH/OUTDOOR CTR PROG PHOTO SUPPLIES ELECTRIC ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG WASTE DISPOSAL LESSONS/CLASSES LESSONS/CLASSES SPECIAL COMMUNITY EVENTS HACA BUILDING MATERIALS CLOTHING & UNIFORMS EQUIPMENT RENTAL SEAL COATING CONTRACTED LANDSCAPE MTLS & AG SUPPL REPAIR & MAINT SUPPLIES TRAINING SUPPLIES OPERATING SUPPLIES-GENERAL REC EQUIP & SUPPLIES CONTRACTED REPAIR & MAINT OFFICE SUPPLIES CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES EQUIPMENT PARTS BUILDING OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES WASTE DISPOSAL CONTRACTED BLDG REPAIRS PROFESSIONAL SERVICES SAFETY SUPPLIES AWARDS OTHER CONTRACTED SERVICES BUILDING 26-JUL-1999 (10 PROGRAM OAK POINT LESSONS ICE ARENA SPECIAL EVENTS/TRIPS ACTIVITY CAMP DAY CAMP AFTERNOON PLAYGROUND POLICE FITNESS CENTER SPECIAL EVENTS/TRIPS SUMMER SKILL DEVELOP SPECIAL EVENTS/TRIPS AFTERNOON PLAYGROUND ADAPTIVE RECREATION LEGAL COUSEL YOUTH TENNIS OAK POINT LESSONS SUMMER SAFETY CAMP WATER TREATMENT PLANT AFTERNOON ADVENTURE WATER TREATMENT PLANT ACTIVITY CAMP AQUATICS & FITNESS SUPERV ROUND LAKE SUMMER SKILL DEVELOP SUMMER SKILL DEVELOP SPECIAL EVENTS/TRIPS TEMAN PROPERTY OAK POINT LESSONS POOL LESSONS ADAPTIVE RECREATION FD 10 ORG WATER TREATMENT PLANT POLICE ROUND LAKE CAPITAL OUTLAY-PARK STORM DRAINAGE WATER TREATMENT PLANT WATER UTILITY-GENERAL COMMUNITY CENTER ADMIN OAK POINT LESSONS EQUIPMENT MAINTENANCE COMMUNITY SERVICES EQUIPMENT MAINTENANCE SOFTBALL EQUIPMENT MAINTENANCE FIRE STATION CONSTRUCTION FIRE ICE ARENA PARK MAINTENANCE FIRE STATION #1 PAVEMENT MGMT PROGRAM EQUIPMENT MAINTENANCE SUMMER SAFETY CAMP STREET MAINTENANCE FIRE STATION CONSTRUCTION COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 77749 77750 77751 77752 77753 77754 77755 77756 77757 77758 77759 77760 77761 77762 77763 77764 77765 77766 77767 77768 77769 77770 77771 77772 77773 77774 77775 77777 77778 77779 77780 77781 77782 77783 77784 77785 77786 77787 77788 77789 77790 77791 77792 77793 77794 77795 77796 77797 77798 77799 77800 77801 77802 77803 77804 $1,864.00 $100.00 $100.00 $8,236.20 $671.94 $250.00 $36.44 $216,441. 59 $144.31 $252.30 $175.35 $711.22 $4,803.78 $7,797.69 $14,900.18 $2,554.57 $295.86 $257.08 $57.51 $43.34 $40.47 $236.43 $302.54 $152.86 $100.00 $3,974.38 $355.14 $503.17 $190.00 $99.07 $8,175.00 $240.50 $864.78 $648.40 $267.00 $398.99 $48,968.70 $100.00 $262.02 $37.45 $779.09 $738.46 $1,751.41 $100.00 $1,381. 85 $128.80 $168.00 $164.02 $720.25 $4,132.03 $4,764.44 $100.37 $73.50 $302.50 $748.42 VENDOR BUCK, NATHAN BUCKLES, JAMES BUECHLER, STEVE CAPITOL COMMUNICATIONS CATCO CLUTCH & TRANSMISSION SE CLUTS 0 BRIEN STROTHER ARCHITE COMMERCIAL POOL AND SPA COMMISSIONER OF TRANSPORTATION CONNEY SAFETY PRODUCTS CONSTRUCTION BULLETIN COpy EQUIPMENT INC CORPORATE EXPRESS CRYSTEEL TRUCK EQUIPMENT INC CUSTOM CONVEYOR CORPORATION CUTLER-MAGNER COMPANY CYBERTROL ENGINEERING D J'S MUNICIPAL SUPPLY INC DALCO DALE GREEN COMPANY, THE DANKO EMERGENCY EQUIPMENT CO DEALER AUTOMOTIVE SERVICES INC DECORATIVE DESIGNS INC DELEGARD TOOL CO DISCOUNT SCHOOL SUPPLY DITZLER, JANE DPC INDUSTRIES INC DRISKILLS NEW MARKET EARL F ANDERSEN INC EMPIREHOUSE INC ENVIRONMENTAL EQUIPMENT & SERV EPISCOPAL COMMUNITY SERVICES ESPRESSO MIDWEST INC ESS BROTHERS & SONS INC* FACILITY SYSTEMS INC FASTSIGNS FIBRCOM FIELDWORKS INC FIGG, JERRY W FOREMOST FIRE PROMOTIONS FRANKLIN COVEY G & K SERVICES DIRECT PURCHASE G & K SERVICES-MPLS INDUSTRIAL GARTNER REFRIGERATION & MFG IN GARY, VIRGINIA GOLD COUNTRY INC SIGNATURE CON GOPHER SPORT GOPHER STATE ONE-CALL INC GREATER MINNEAPOLIS AREA CHAPT HACH COMPANY HANSEN THORP PELLINEN OLSON HARTLAND FUEL PRODUCTS LLC HEDBERG AGGREGATES HENNEPIN COUNTY PUBLIC RECORDS HENNEPIN COUNTY TREASURER HERC U LIFT DESCRIPTION OTHER CONTRACTED SERVICES REFUNDS REFUNDS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL SAFETY SUPPLIES IMPROVEMENT CONTRACTS SAFETY SUPPLIES LEGAL NOTICES PUBLISHING OPERATING SUPPLIES-GENERAL OFFICE SUPPLIES MACHINERY EQUIPMENT CONTRACTED BLDG REPAIRS CHEMICALS EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL CLEANING SUPPLIES REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL NEW CAR EQUIPMENT OTHER CONTRACTED SERVICES SMALL TOOLS REC EQUIP & SUPPLIES REFUNDS CHEMICALS OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL BUILDING EQUIPMENT PARTS PROFESSIONAL SERVICES CONTRACTED EQUIP REPAIR REPAIR & MAINT SUPPLIES FURNITURE & FIXTURES OPERATING SUPPLIES-GENERAL COMMUNICATIONS COMPUTERS REFUNDS FIRE PREVENTION SUPPLIES OPERATING SUPPLIES-GENERAL CLOTHING & UNIFORMS CLEANING SUPPLIES REPAIR & MAINT SUPPLIES REFUNDS CLOTHING & UNIFORMS REC EQUIP & SUPPLIES OTHER CONTRACTED SERVICES TRAINING SUPPLIES OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES MOTOR FUELS LANDSCAPE MTLS & AG SUPPL RECORDING DOCUMENT FEE OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS 26-JUL-1999 (10 PROGRAM SOFTBALL ENVIRONMENTAL EDUCATION ENVIRONMENTAL EDUCATION WIRELESS COMMUNICATION EQUIPMENT MAINTENANCE GENERAL BUILDING FACILITIES POOL OPERATIONS 212 & CSAH 4 INTERCHANGE EQUIPMENT MAINTENANCE ENGINEERING DEPT PARK MAINTENANCE POLICE P/W REVOLVING FUND WATER TREATMENT PLANT WATER TREATMENT PLANT WATER UTILITY-GENERAL TRAFFIC SIGNALS POLICE STATION STORM DRAINAGE FIRE EQUIPMENT MAINTENANCE WATER TREATMENT PLANT EQUIPMENT MAINTENANCE ACTIVITY CAMP ENVIRONMENTAL EDUCATION WATER TREATMENT PLANT SUMMER SKILL DEVELOP COMMUNITY DEVELOPMENT FIRE STATION CONSTRUCTION EQUIPMENT MAINTENANCE HOUSING, TRANS, & SOC SVC EP CITY CTR OPERATING COSTS STORM DRAINAGE FURNITURE ACCOUNT ROUND LAKE-BEACH WIRELESS COMMUNICATION POLICE ENVIRONMENTAL EDUCATION FIRE PARK MAINTENANCE PARK MAINTENANCE WATER TREATMENT PLANT ICE ARENA ENVIRONMENTAL EDUCATION SUMMER SAFETY CAMP SUMMER SKILL DEVELOP WATER SYSTEM MAINTENANCE OAK POINT LESSONS WATER TREATMENT PLANT ENGINEERING DEPT EQUIPMENT MAINTENANCE PARK MAINTENANCE ENGINEERING DEPT COMMUNITY DEVELOPMENT EQUIPMENT MAINTENANCE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 77805 77806 77807 77808 77809 77810 77811 77812 77813 77814 77815 77816 77817 77818 77819 77820 77821 77822 77823 77824 77825 77826 77827 77828 77829 77830 77831 77832 77833 77834 77835 77836 77837 77838 77839 77840 77841 77842 77843 77844 77845 77846 77847 77848 77849 77850 77851 77852 77853 77854 77855 77856 77857 77858 77859 $545.81 $8,170.00 $108.33 $712.20 $252.63 $110.00 $647.58 $1,077.72 $1,292.65 $3,972.32 $2,046.66 $100.00 $47.00 $400.00 $14,687.30 $548.62 $774.00 $128.50 $1,419.00 $100.00 $18,751. 07 $192.00 $97.22 $841. 82 $1,429.70 $47.93 $879.67 $403.32 $915.37 $446.37 $7,262.12 $127.99 $222.59 $4,062.08 $1,860.00 $339.91 $188.08 $879.24 $100.00 $773.47 $1,043.01 $3,930.00 $34.00 $3,032.00 $116.00 $395.46 $208.28 $1,819.02 $395.78 $27.30 $21,906.28 $38.21 $765.00 $100.00 $855.40 VENDOR HIRSHFIELDS PAINT MANUFACTURIN HONEYWELL INC ICEMAN/C02 SERVICES, THE ICI DULUX PAINT CTRS IKON OFFICE SOLUTIONS* OPM INFORMATION SYSTEMS INDUSTRIAL LIGHTING SUPPLY INC INGRAHAM & ASSOC INNOVATIVE GRAPHICS INTERNATIONAL SUNPRINTS INC JANEX INC JOHNSON, ELIZABETH JR'S APPLIIANCE DISPOSAL INC KENNETH COMPANIES INC KRAUS ANDERSON CONSTRUCTION CO LAB SAFETY SUPPLY INC LAKE COUNTRY DOOR LAKELAND FORD TRUCK SALES LAVALLE, FRANK LINK, KATHY LOGIS LUBRICATION TECHNOLOGIES INC M AMUNDSON MACQUEEN EQUIPMENT INC MASYS CORPORATION MAXI-PRINT INC MCNEILUS STEEL INC METRO ATHLETIC SUPPLY MG INDUSTRIES MICROAGE MIDWEST ASPHALT CORPORATION MINN BLUE DIGITAL MINNESOTA CONWAY MINNESOTA PIPE AND EQUIPMENT* MINNESOTA STATE CURB-GUTTER DI MINNESOTA VIKINGS FOOD SERVICE MODERN TIRE INC MOORE MEDICAL CORP MURRAY, GERALD NATIONAL CAMERA EXCHANGE NATIONWIDE ADVERTISING SERVICE NEWMECH NORSEMAN OIL COMPANY NORTH STAR TURF SUPPLY NORTHERN OHLIN SALES OLSEN CHAIN & CABLE CO INC OUTDOOR ENVIRONMENTS INC P & H WAREHOUSE SALES INC PAPER WAREHOUSE PARROTT CONTRACTING INC PETSMART PLEHAL BLACKTOPPING INC POPPLER, CHARLES PRAIRIE ELECTRIC COMPANY DESCRIPTION OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES CHEMICALS BLDG REPAIR & MAINT REPAIR AND MAINT CONTRACTED COMM MAINT REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES CLOTHING & UNIFORMS AWARDS SMALL TOOLS REFUNDS OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL BUILDING SAFETY SUPPLIES CONTRACTED BLDG REPAIRS EQUIPMENT PARTS OTHER CONTRACTED SERVICES REFUNDS CONTRACTED REPAIR & MAINT LUBRICANTS & ADDITIVES OPERATING SUPPLIES-GENERAL SMALL TOOLS CONTRACTED COMM MAINT PRINTING SMALL TOOLS OPERATING SUPPLIES-GENERAL CHEMICALS COMPUTERS BUILDING OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES WASTE DISPOSAL MISCELLANEOUS SEAL COATING CONTRACTED SAFETY SUPPLIES REFUNDS VIDEO SUPPLIES EMPLOYMENT ADVERTISING BLDG REPAIR & MAINT CONTRACTED REPAIR & MAINT LANDSCAPE MTLS & AG SUPPL SMALL TOOLS OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT CANINE SUPPLIES EQUIPMENT RENTAL REFUNDS CONTRACTED BLDG REPAIRS /() 26-JUL-1999 (10 PROGRAM PARK MAINTENANCE WATER TREATMENT PLANT POOL MAINTENANCE WATER TREATMENT PLANT POLICE INFORMATION SYSTEM WATER TREATMENT PLANT PARKS-PLANNING & DEVELOPMENT POOL LESSONS SOFTBALL GENERAL BUILDING FACILITIES ENVIRONMENTAL EDUCATION TEMAN PROPERTY CEMETERY OPERATION FIRE STATION CONSTRUCTION SAFETY EATON BLDG EQUIPMENT MAINTENANCE SOFTBALL ENVIRONMENTAL EDUCATION INFORMATION SYSTEM EQUIPMENT MAINTENANCE OAK POINT LESSONS EQUIPMENT MAINTENANCE INFORMATION SYSTEM POLICE EQUIPMENT MAINTENANCE PARK MAINTENANCE WATER TREATMENT PLANT INFORMATION SYSTEM FIRE STATION CONSTRUCTION ENGINEERING DEPT FIRE WATER SYSTEM MAINTENANCE STORM DRAINAGE GENERAL BUILDING FACILITIES STREET MAINTENANCE FIRE ENVIRONMENTAL EDUCATION COMMUNITY SERVICES HUMAN RESOURCES WATER TREATMENT PLANT EQUIPMENT MAINTENANCE PARK MAINTENANCE WATER SYSTEM MAINTENANCE POLICE WATER SYSTEM MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE POOL SPECIAL EVENTS STORM DRAINAGE POLICE TRAILS ENVIRONMENTAL EDUCATION FIRE STATION #3 COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 77860 77861 77862 77863 77864 77865 77866 77867 77868 77869 77870 77871 77872 77873 77874 77875 77876 77877 77878 77879 77880 77881 77882 77883 77884 77885 77886 77887 77888 77889 77890 77891 77892 77893 77894 77895 77896 77897 77898 77899 77900 77901 77902 77903 77904 77905 77906 77907 77908 77909 77910 77911 77912 77913 77914 $1,006.80 $674.20 $2,023.50 $10,017.75 $64.00 $250.00 $198.28 $571.65 $1,052.00 $340.32 $853.12 $100.00 $277.97 $230.00 $58.05 $2,343.12 $55.15 $31.35 $113.42 $375.53 $38.13 $559.99 $101.50 $1,120.78 $100.00 $395.00 $25.05 $459.57 $74.38 $180.00 $114.38 $10,041.25 $12.21 $639.00 $76.24 $143.10 $1,905.00 $9.10 $528.26 $296.00 $100.00 $125.00 $2,437.44 $2,000.00 $79.08 $342.00 $13,555.45 $188.24 $142.56 $100.00 $103.94 $29,600.80 $3,000.00 $277.74 $554.76 VENDOR PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING PRECISION TURF & CHEMICAL INC PREMIER CONSTRUCTION SYSTEMS I PRINTERS SERVICE INC PURDIE, KRISTY RAINBOW FOODS -CHARGES RAY ALLEN MANUFACTURING CO INC RAY, LEE RDO FINANCIAL SERVICES CO RECREONICS RENDER, THOMAS RICHARDS ASPHALT COMPANY RIDGEVIEW BUSINESS HEALTH RIGID HITCH INCORPORATED RMR SERVICES INC ROADRUNNER TRANSPORTATION INC S H BARTLETT CO INC SAFETY-KLEEN SALLY DISTRIBUTORS SANCO CLEANING SUPPLIES SE-ME INC SHERWIN WILLIAMS CO SHORT ELLIOT HENDRICKSON INC SKEESICK, FORREST SNAP-ON TOOLS SNELL MECHANICAL INC SOUTHWEST CONTRACTORS SUPPLY SOUTHWEST SUBURBAN PUBLISHING- SPECTRUM LABS INC SPRINT ROTHHAMMER INT'L INC SRF CONSULTING GROUP INC ST CROIX RECREATION CO INC ST JOSEPH EQUIPMENT INC STENGEL, RANDAL STITCH LAB, THE STS CONSULTANTS LTD SUBURBAN CHEVROLET GEO SUBURBAN TIRE & AUTO SERVICE I SUN NEWSPAPERS SUNDBERG, CINDY SWEDLUNDS SWEENEY BROTHERS TEENS ALONE THERMOGAS COMPANY TIMM, KEVIN TKDA TLC CAFE' TOLL GAS AND WELDING SUPPLY TORKELSON, THOMAS E F JOHNSON CO TRAUT WELLS TREES INC TWIN CITY OXYGEN CO TWIN CITY SEED CO II DESCRIPTION EQUIPMENT PARTS PRINTING CHEMICALS BUILDING REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL CANINE SUPPLIES OTHER CONTRACTED SERVICES EQUIPMENT PARTS REC EQUIP & SUPPLIES REFUNDS PATCHING ASPHALT POSTAGE EQUIPMENT PARTS OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES EQUIPMENT RENTAL OPERATING SUPPLIES-GENERAL CLEANING SUPPLIES PHOTO SUPPLIES REPAIR & MAINT SUPPLIES PROFESSIONAL SERVICES OTHER CONTRACTED SERVICES SMALL TOOLS CASH OVER/SHORT REPAIR & MAINT SUPPLIES EMPLOYMENT ADVERTISING OTHER CONTRACTED SERVICES REC EQUIP & SUPPLIES PROFESSIONAL SERVICES OPERATING SUPPLIES-GENERAL EQUIPMENT RENTAL REFUNDS CLOTHING & UNIFORMS PROFESSIONAL SERVICES EQUIPMENT PARTS TIRES EMPLOYMENT ADVERTISING REFUNDS WASTE DISPOSAL EQUIPMENT PARTS PROFESSIONAL SERVICES MOTOR FUELS OTHER CONTRACTED SERVICES PROFESSIONAL SERVICES TRAVEL EQUIPMENT RENTAL REFUNDS RADIOS CONTRACTED EQUIP REPAIR LANDSCAPE MTLS & AG SUPPL LUBRICANTS & ADDITIVES WASTE DISPOSAL 26-JUL-1999 (10 PROGRAM EQUIPMENT MAINTENANCE FIRE PARK MAINTENANCE FIRE STATION CONSTRUCTION ICE ARENA VOLLEYBALL SUMMER SKILL DEVELOP POLICE SOFTBALL EQUIPMENT MAINTENANCE POOL LESSONS ENVIRONMENTAL EDUCATION STREET MAINTENANCE SAFETY EQUIPMENT MAINTENANCE WATER METER READING EQUIPMENT MAINTENANCE EPCC MAINTENANCE PARK MAINTENANCE JULY 4TH CELEBRATION WATER TREATMENT PLANT POLICE TOPVIEW FIELD PIONEER TRAIL SANITARY SEWER SUMMER SKILL DEVELOP EQUIPMENT MAINTENANCE FD 10 ORG WATER UTILITY-GENERAL HUMAN RESOURCES ROUND LAKE POOL LESSONS TRAFFIC SIGNAL-MITCHELL RD PARK MAINTENANCE STREET MAINTENANCE ENVIRONMENTAL EDUCATION POLICE PRESERVE PARK K16 EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE HUMAN RESOURCES ENVIRONMENTAL EDUCATION OUTDOOR CENTER-STARING LAKE STORM DRAINAGE HOUSING, TRANS, & SOC SVC ICE ARENA SOFTBALL EDEN CROSSING ROADS WATER UTILITY-GENERAL JULY 4TH CELEBRATION ENVIRONMENTAL EDUCATION WIRELESS COMMUNICATION WATER TREATMENT PLANT STORM DRAINAGE EQUIPMENT MAINTENANCE STORM DRAINAGE COUNCIL CHECK REGISTER 26-JUL-1999 (10: CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 77915 $1,011.75 TWIN CITY TILE & MARBLE COMPAN BUILDING FIRE STATION CONSTRUCTION 77916 $2,223.82 UNIFORMS UNLIMITED CLOTHING & UNIFORMS POLICE 77917. $633.48 UNLIMITED SUPPLIES INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 77918 $59.90 US CAVALRY CLOTHING & UNIFORMS POLICE 77919 $1,282.00 US FILTER PERRIN PRODUCTS INC EQUIPMENT PARTS WATER TREATMENT PLANT 77920 $5,335.33 US FILTER/WATERPRO EQUIPMENT PARTS WATER TREATMENT PLANT 77921 $970.13 US OFFICE PRODUCTS FURNITURE & FIXTURES FURNITURE ACCOUNT 77922 $92.84 VANDRIEL, MARK REFUNDS ENVIRONMENTAL EDUCATION 77923 $250.25 VIKING TROPHIES OPERATING SUPPLIES-GENERAL POOL SPECIAL EVENTS 77924 $96.18 VWR SCIENTIFIC PRODUCTS OPERATING SUPPLIES-GENERAL WATER TREATMENT PLANT 77925 $2,011.90 W W GRAINGER INC OPERATING SUPPLIES-GENERAL FIRE 77926 $2,537.92 WASCHE COMMERCIAL FINISHES BUILDING FIRE STATION CONSTRUCTION 77927 $342.50 WATER SPECIALITY OF MN INC CHEMICALS POOL MAINTENANCE 77928 $165.00 WEATHER WATCH INC OTHER CONTRACTED SERVICES SNOW & ICE CONTROL 77929 $685.90 WESTERN STEEL ERECTION INC BUILDING FIRE STATION CONSTRUCTION 77930 $14,610.10 WESTWOOD PROFESSIONAL SERVICES OTHER CONTRACTED SERVICES ENGINEERING DEPT 77931 $2,849.00 WORK CONNECTION, THE OTHER CONTRACTED SERVICES PARK MAINTENANCE 77932 $405.08 ZEP MANUFACTURING CO LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE $1,761,215.59* 12 COUNCIL CHECK SUMMARY 26-JUL-1999 (10:16) DIVISION TOTAL ------------------------------------------------------------------------------------------------------------------------ FLEET SERVICES DEBT SERVICE PAYMENTS EMPLOYEE PAYROLL DEDUCTIONS $392.80 $369,577.73 $305,705.84 $675,676.37* 13 COUNCIL CHECK REGISTER 26-JUL-1999 (10 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 256 $126,467.30 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG 257 $65,713.66 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD 10 ORG 258 $65,713.66 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD 10 ORG 259 $47,811.22 MINNESOTA DEPT OF REVENUE STATE TAXES WITHHELD FD 10 ORG 260 $392.80 MINNESOTA DEPT OF REVENUE MOTOR FUELS EQUIPMENT MAINTENANCE 261 $317,077.73 FIRST TRUST NATL ASSOC INTEREST CITY CENTER DEBT FD 262 $52,500.00 NORWEST BANK MN N.A. PRINCIPAL B & I PAYMENTS $675,676.37* CITY COUNCIL AGENDA DATE: August 3, 1999 SECTION: Petitions and Requests SERVICE AREAlDIVISION: ITEM DESCRIPTION: Request from Duane ITEM NO: Parks and Recreation Dietrich for Removal of Trail Requirement from IX. A. Robert A. Lambert Director Wynstone Development Requested Action: Move to: Approve Request from Duane Dietrich, Vice President of Taurus Properties, Inc., for elimination ofthe requirement for the eight-foot wide trail that connects Baker Road to the residential neighborhoods to the north and the west. Mr. Dietrich has requested the opportunity to address this issue with the City Council. Synopsis: Although the trail location seemed like a good compromise at the Council meeting, since this trail was graded it has become apparent that it cannot meet City standards relating to trail design. The side slope will exceed 3 to I and the slope will exceed 10%. Due to the fact that an existing sidewalk does provide access from the west to the sidewalk along Baker Road, staff would support the request to eliminate this eight-foot trail requirement by Joseph Homes. Background: As a part of the negotiations between Jasper Homes and the neighborhoods to the north and to the west, the City Council agreed that it is important to provide pedestrian and bicycle access from the north and the west to Baker Road through the Jasper Homes Subdivision. Mr. Dietrich purchased four of the lots from Jasper Homes and apparently has lost the sale on two of his lots when potential buyers discovered there was going to be an eight-foot trail in their backyard. Mr. Dietrich contends that it is "probably illegal" to force liability ofthat sort on new private property. As a condition ofthe Developer's Agreement, Mr. Jasper was required to obtain approval ofthe design ofthe trail and provide the City with a trail easement. City staff will review the trail design and inspect the grading of the trail prior to accepting the trail easement. The City Engineering Department will also inspect the construction of the trail to ensure that it is installed according to City design specifications. Once the City accepts the easement, the City also accepts the liability. I 07/19/1999 10:43 5129352111 7/12/99 Mr. Chris Enger Cit.y Manager City of Eden Prairie Dear Chris, REGISTRV-TAURUS This let.ter is in the hope that you can point us in a direction that can resolve a rather large problem for us. PAGE 02 In September 1998, we purchased 4 lots from Jasper Homes. These lots are at the end of Candice Lane and are a part of the plat of Wynstone. Apparently, somewhere along the way, a bituminous walkway was added to the rear of lots 1 & 2. We were unaware until recently and would have objected had we known. We have sold homes On all 4 lots but the two on lots 1 & 2 have cancelled upon seeing the grading for the walkway and ascertaining what it was for. Aside from the vision of people, at all times of the day and night, walking their dogs (so they can mess on some- one else's yard), roller blading, biking, cigar buts, pop and beer can~ allover the place, there are the bigger con- cerns. The walkway will need repair, the grass must be mow- ed and watered and, of course, LIABILITY. It is patently unfair, and probably illegal, to force liability of that sort onto private property. There are steep slopes along- side the walkway and the walkway itself is at a pretty good grade. In inclement weather problems will occur, people will get hurt(or worse) and lawsuits will begin. . We think we have unsaleable lots at this point--2 for 2 cancelletions is a rather high count. We're hoping this situation can find it's way to the City Council and thusly get the sidewalk requirement removed. Thanks for your cooperation. Taurus Propert.ies, Inc. Duane H. Diet.rich Vice President cc; Jim Jasper Jasper Romes Taurul 1>ropcrlieJ, 1110. (24(J() Whih:waler /)r. Suite 175, Miulletouka. MN. 55343 935·88)) Fax 935.2111 ~ •.•.... _---,7 29 .~ ._--,Z-",,=J,,---• ;,:-:-"'.=--:=15.:.-1 ",-su£I.",,4i~ i, / v' ~; '. ~ ~ -f-----::-;-:--;-.... ~ • , .-'" • ,j "', , . -----'-, -)~ 26 25 , . " ) . -~. -----.. -. .. '.) ,4. I I A C:, ,. . ~ ,I o 1 4 2 3 \ \, S' Bituminous Trail OUTLOT 1 Ex. Concrete Pod I 1 2 '" '" :J o :r:: x \.oJ CITY COUNCIL AGENDA DATE: 08-03-99 SECTION: Reports of Advisory Boards and Commissions SERVICE AREAJDIVISION: ITEM DESCRIPTION: Memorandum of Community Development ITEM NO.: Donald R. Uram Understanding Between Eden Prairie Historical X.A. Timothy Colliton Society and City of Eden Prairie Marie Wittenberg Requested Action Move to: Approve the Memorandum of Understanding Regarding Acquisition, Storage, and Display of Historic Artifacts, and Use of Historic Sites, Between Eden Prairie Historical Society and the City of Eden Prairie Synopsis: The Heritage Preservation Commission and Eden Prairie Historical Society Board of Directors have reviewed the Memorandum of Understanding, Roles and Responsibilities statements and recommend they be adopted by the City Council. Background Information: The City, Heritage Preservation Commission, and Eden Prairie Historical Society have completed a lengthy process to put together an agreement regarding respective roles and responsibilities involving historic resources in Eden Prairie. Each party recognizes the importance of defining these roles in order to further serve the community, and better coordinate work with each other. The Memorandum of Understanding builds on the early City Resolution No. 977, adopted by the City Council in April, 1975. The current agreement reflects the changes that hve occurred since 1975, most notably the establishment of the Heritage Preservation Commission in 1990. Attachments: 1. Memorandum of Understanding 2. Roles and Responsibilities of the Eden Prairie Historical Society 3. Roles and Responsibilities ofthe Eden Prairie Heritage Preservation Commission 4. City Council Resolution No. 977 / MEMORANDUM OF UNDERSTANDING REGARDING ACQUISITION, STORAGE, AND DISPLAY OF HISTORIC ARTIFACTS AND USE OF HISTORIC SITES BETWEEN EDEN PRAIRIE HISTORICAL SOCIETY AND THE CITY OF EDEN PRAIRIE It is agreed by all parties concerned that: 1. The Eden Prairie Historical Society is the designated collection agency of historical artifacts and materials for the City of Eden Prairie (Resolution No. 977), except for artifacts accepted by the City as a direct result of a City undertaking or purchase. 2. The Eden Prairie Historical Society will maintain an accurate record of donations of historical artifacts and materials using accepted museum recording practices. 3. The City of Eden Prairie and its commissions and staff will refer all donations and collection requests and issues to the President, Vice President or Collections Officer ofthe Eden Prairie Historical Society. 4. Should the Eden Prairie Historical Society disband or dissolve all artifacts owned by the Historical Society will automatically be offered to the City of Eden Prairie for their use. If the City should not accept any artifacts, ownership of them will automatically revert to the Minnesota Historical Society. 5. The Eden Prairie Historical Society will expeditiously respond to all donations and requests for collection with courtesy and will judiciously handle the placement and secure storage of the historical material. 6. The City of Eden Prairie will, to the best of its ability, provide secure storage for the collected historical artifacts and material and will, in cooperation with the Eden Prairie Historical Society, provide the safest available conditions for the stored material. This includes museum space currently available for Historical Society use at City Center, 8080 Mitchell Road, display space at the J.R. Cummins Homestead, 13600 Pioneer Trail, and storage space at the Matthew Riley Fann, 9110 Riley Lake Road. The City will be responsible for the management of available space and will give the Historical Society a minimum of three months notice for the required removal of stored material. The City will cooperate in finding possible new space for storage when possible. The Historical Society will provide a regular schedule of open hours at the museum for public use. 7. The Eden Prairie Historical Society will assist the City and Heritage Preservation Commission in providing appropriate historical artifacts and materials for City owned historical properties that are open to the public to enhance the interpretation of Eden Prairie's history. The Historical Society will place artifacts only, which are consistent with the properties Preservation Plan. This will include the sharing of historical materials that are not fragile, sensitive, or irreplaceable. City of Eden Prairie Dated: ________ _ By: __________________ _ Its Mayor Eden Prairie Historical Society Dated: _______ _ By: ____________ _ Its President 3 '. ROLES & RESPONSIBILITIES OF THE EDEN PRAIRIE HISTORICAL SOCIETY The purpose of this document is to state the roles and responsibilities of the Eden Prairie Historical Society in regards to: • the acquisition, preservation, display, and recording of historical artifacts. • the recording, cataloguing and preservation of historical records and information. • historic sites. • community historical events. • historical educational programs and materials. • operation of the Eden Prairie Historical Museum. Artifacts The Eden Prairie Historical Society accepts the responsibility of official depository for the gathering and collection of artifacts relating to the history and development of the City of Eden Prairie. The Society will acquire, classify, catalogue and display these items for the benefit of all Eden Prairie citizens. The Society will act as a consultant when a possible artifact is discovered by agents of the City. The Society will work with the city to supply artifacts and records for mutually decided upon community events and displays, educational programs, and city-owned historical sites. The Society will purchase artifacts for the Museum as decided by the Board of Directors and solicit funds through grants, membership dues and donations. Historical Records and Information The Eden Prairie Historical Society accepts the responsibility of collecting, recording, cataloguing historical information for the purpose of genealogical studies and to preserve and interpret the heritage and history of Eden Prairie. In so doing, the Society will record, in some permanent form, the leading incidents in the history of Eden Prairie from its earliest beginnings to the present. Historic Sites The Eden Prairie Historical Society accepts as one of its roles, the furnishing of artifacts andlor displays for the three city-owned historical properties in Eden Prairie: The lR. Cummins Homestead, the Mathew Riley Farm, and the Smith-Douglas House. The number and types of artifacts furnished will be mutually decided upon by the city and the Society. The Society will have the role of consultant regarding decisions made affecting the preservation and furnishing of these historic sites. .. " Community Historical Events The Eden Prairie Historical Society accepts the role of co-sponsor of any community historical event so agreed upon by the Board of Directors ofthe Society, These events include, but are not limited to: Sunbonnet Days, Holiday programs, etc. The delegation of specific duties will be decided upon by the City and the Society at the time of event planning. Historical Educational Programs and Materials The Eden Prairie Historical Society will make available records, artifacts and any other historical material in its collection for use in City or Society sponsored educational programs and/displays. The Society reserves the right to withhold use of such materials. The Society will develop educational programs and materials to help bring Eden Prairie history to the citizens as decided upon by the Board of Directors. Operation of the Eden Prairie History Museum The Eden Prairie Historical Society accepts the responsibility of operating the Eden Prairie History Museum for the benefit of the community. The Society will recruit volunteers to staff the museum and keep the city apprised of its hours of service. barb~ohn2\reports\rolesl ROLES & RESPONSIBILITIES OF THE EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION The purpose of this document is to state the roles and responsibilities of the Eden Prairie Heritage Preservation Commission in regards to the following seven basic elements or service areas: • historic preservation planning. • identification of historic resources. • evaluation of historic properties. • registration of heritage preservation sites. • design review. • education and outreach. • historic sites. Planning The Heritage Preservation Commission is responsible for ongoing planning activities related to the identification, evaluation, and protection of historic properties in Eden Prairie. The Commission will develop historic contexts, undertake cultural resource inventories, and assess properties for local or National Register designation. Identification The Heritage Preservation Commission is responsible to identify, document and analyze historic resources in Eden Prairie. The commission conducts ongoing historic resources survey to identify and gather data on buildings, sites, structures, objects and districts. Identification results are compiled in the historic resources inventory files of the Heritage Preservation Commission. Evaluation The Heritage Preservation Commission is responsible for evaluating historical significance and integrity. The commission will determine significance as may be found in a property's association with historical events or persons, its distinctive architecture or other physical characteristics, or in its potential to provide important information. The commission will evaluate properties on the basis of developed historic contexts, integrity and local and National Register criteria. Registration The Heritage Preservation Commission is responsible for notification and recommendation to the City Council regarding designation of a property as a Heritage Preservation Site. The commission will review all documentation on a nominated property, notify property owners and neighbors of a proposed registration and hold public hearings. Upon receiving the commission's recommendation, the City Council makes the final decision to designate a Heritage Preservation Site. Design Review The Heritage Preservation Commission is responsible through a review process to consider the effects of projects requiring city permits on designated Heritage Preservation Sites. The commission will comment on all City permit applications in relation to significant historic properties. The basis of decisions regarding site alteration permits will be made in reference to the Secretary of the Interior's Standards for the Treatment of Historic Properties. Education and Outreach The Heritage Preservation Commission will provide ongoing educational programs and events for the benefit of the community. The commission will sponsor events which feature local heritage resources, participate in event planning as co-sponsor with others when needed, and provide interpretation at historic sites for public use and benefit. The commission's context studies, site inventory files, and other records and reports are maintained as open files and remain available to the public for educational purpose. Historic Sites The Heritage Preservation Commission is responsible for preparing preservations plans for all designated Heritage Preservation Sites. For City owned historic properties, the commission will provide a site specific treatment approach, i.e., preservation, rehabilitation, restoration, or reconstruction. The plan will include maintenance guidelines where appropriate. The commission will also prepare for City owned historic sites a program or site use plan for the purpose of guiding all site work and site uses to be consistent with approved preservation plans. barb~ohn2\reports\roles2 .. , wn.cltll.l Y/'+IIJ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ~ESOLUTION NO. m A RESOLUTION DESIGNATHiG THE EDEN PRAIRIE HISTORICAL SOCIETY AS THE DEPOSITORY OF HISTORICAL INFORMATION FOR TIlE CITY OF EDEN PR.<\IRIE. WHEREAS, the Eden Prairie Historical Society was organized in June of 1969 :md is ·affiliated ,-lith the. Minnesota Historical Society, the Hennep:'n County Historical Soc~ety, and the Association of Hennepin County Historians; and WHEREAS, the Eden Prairie Historical Society was organized to obtain and preserve for the bene.fit of the general public .such historical information and artifacts as it, in its opinion, deems necessary and proper to preserve and illustrate the history of the City of Eden Prairie; and vlHEREAS, the Eden Prairie Historical Society will as a part of its objective, to the best of its ability, gather such material, classify, catalogue, and properly display the same; and WHEREAS, the said historical society will be a benefit for all of the citizens of the City. ·NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that the Eden Prairie Historical Society be, and it hereby is,'designated as the official depository for the gathering and collection of historical infor- mation and artifacts relating to thellistory and development of the City of ADOPTED by the City of Eden Prairie this , 1975. DAVID H. OSTERHOLT, Hayer ATTEST: JOHN FRANE, City'Clerk CITY COUNCIL AGENDA SECTION: Reports of Advisory Boards and Commissions DATE: 08-03-99 SERVICE AREAlDIVISION: ITEM DESCRIPTION: Security/perimeter Community Development fencing for the J. R. Cummins Homestead historic ITEM NO.: Donald R. Dram site x.B. Timothy Colliton Requested Action Move to: • Approve the purchase of 1,000 lineal feet ornamental wire lawn fence, gates, posts, and mounting hardware. Synopsis: Cost Total cost for fencing materials is $3,528.30. Installation will be provided by the Parks Maintenance Division. Funding Source Funds for J.R. Cummins site improvements are available in Historic Preservation Division Account 4383-0828. Background Information: Perimeter/security lawn fence and gates are needed to provide control at access points to the house, particularly the driveway. Also, fencing of proper historic style will grealy enhance and better define the site; important considering adjacent land use. Recommended fencing material is the traditional ornamental wire lawn fence. Installation is similar to chain link except no top rail is used between posts. This fence material was selected after considerable research by staff, the Heritage Preservation Commission (HPC), and consultation with Charles Nelson, State Historical Architect at the State Historic Preservation Office. Compared to other fence types, e.g., wood picket, ornamental wire fence is more economical, requires less maintenance, and will last longer. ) Recommended Vendors Ornamental lawn fence: Hutchison Western P.O. Box 1158 Adams City, Colorado 80022 Posts, gates, hardware: Midwest Fence 525 East Villaume Avenue South Saint Paul, Minnesota 55075 Attachments: Ornamental Lawn Fence Specifications 1m To protect your property and enhance its value V-MESH FENCE Specifications 1-2 (All ho,'",onla' wlraa a,. 2-ply \;ilb~s,) H(;ighl Irl inches 4:> 50 58 72 Specification M-5 H~I~lhl in Inches Approx. weigt.1 \.Icr 1 [I-roll mil !>Po')<; M-5 Horizon',,' wire gRv~O Ifo'),lic;a1 wil" gauge ~----------------------,--~-- 42 50 58 108 130 l!hj 14 14 14 -----------------. 16 16 16 Approx. weighl per 1 o rod roll STANDARD :'14 :>55 l!l8 366 1'lorizOnlill wire !Iiluge 12'1> 12:-', 12~~. 1~~~ 14 14 14 1~ Ornamental Lawn Fence Flower Bed Border Specification Double Loop A and A-11 Heigl.! Iller_es 36 '12 4(1 S>lUC_ A. weigh1 (It,r 100-1001 roll I~IJ Ib9. 17G Ib~. 205 Jll~. Spec. A-n. weight per 100-1001 roll 124'M. 13611):;_ 1',\1 lbs. I '. I ."' .. _ .' J. .. I." I I , I ••• I , ... • , ~ 'I . . . II ""If • I ! I I I 1 I ipecificatlon Single Loop Band B-11 1 I 1 I I ) I I ,"' r-.. 'r' I , I I "j T "(. ,..,....... Spec. IJ, Spp.~ B-l1. I I I I 1 I I 1 I I ,hI. weiglll per Wt~iijhi per I I 1 , I I I I I '1' 'r" -j .... t:··",·_-ro ., •• " •• {· .. ···i··; f"" r·· .. 1 1-.'\ !l; 11' IP--1' I , I I I I 1 I " I 7. ... 1 --j--' r-"''j' 1'" 11--i-\ .. r--- ~;·-~wa~ .... • I -•. , .• ." II1cheB 100-1001 roll 1001001 roll -.----- 36 1191bs_ g( Ib:;. 42 1331bS. 1051bs. 48 1461bli. 122 Ib~ -.--,-- W-10 ZO"d Hp..gN. inchlls 16 22 Helgl,l. inches 16 22 L ifllil p.ckd Lirlhl hariz_ QRllfJc gauge STANDARD 11 13 , 1 13 He,IVy pIC:kl)l HeAVy horiz_ giluge gauge STANDARD !l'h 13 9Y.. 13 Wei~,ht per 100 lee! "'9Ibs_ ti2 'bs_ Wl!Ight per l00leel 60 Jbs_ 751bs_ ~:-~ ~.- ~.-:: ---j ~.1 I 1111 .1 I 1111 I 1 ~[ r •• .. &1 .1 ., -- II a, I. - •• Il .-, CITY COUNCIL AGENDA SECTION: Reports of Advisory Boards and Commissions DATE: 08-03-99 SERVICE AREAlDIVISION: Community Development ITEM DESCRIPTION: J.R. Cummins ITEM NO.: Donald R. Uram Homestead Art Print Sales X. C. Timothy Colliton Requested Action Move to: • Discontinue selling limited edition Les Kouba prints ofthe lR. Cummins Homestead to art dealers at a discounted price. Synopsis: An arrangement was approved by the City Council to sell prints at $50.00 each (sale price to the general public is $100.00) to Eric Swallender, owner of Minneapolis Fine Arts. The HPC believes this precedent of reducing prices for art dealers is a problem and may even harm the value ofthe prints. Furthermore, determining legitimate art dealers is time consuming. Background Information: The sale of J.R. Cummins Homestead art prints to art dealers has become problematic. Since the heritage Preservation Commission (HPC) assumed responsibility for the prints, an arrangement was approved by the City Council to sell prints at $50.00 each (sale price to the general public is $100.00) to Eric Swallender, owner of Minneapolis Fine Arts. The sale of prints to Mr. Swallender apparenty triggered the many requests from other dealers to buy the print at reduced cost. City staff receives requests via phone, mail, and in person at City Center to sell prints at discounted prices, usually 50% off. The HPC believes this precedent of reducing prices for art dealers is a problem and may even harm the value of the prints. Furthermore, determining legitimate art dealers is time consuming. Eric Swallender has purchased few prints since his request was approved in December, 1994. The Council put a limit of 100 prints to be sold to Mr. Swallender; however, less than twenty have been purchased by Mr. Swallender since 1994. This slow rate of purchasing prints does not benefit the City in raising restoration funds for the J.R. Cummins House. The HPC recommends the Council terminate the arrangement with Mr. Swallender, if possible, or establish a date after which prints will no longer be available at reduced prices. The HPC intends to complete by years end an inventory of the prints (about 500 remain), determine the current market value ofthe prints, and consider limited sale of the prints each year. / Attachments 1. Memorandum dated November 4, 1994. Re: Request from local art broker to purchase the J.R. Cummins Homestead print at wholesale for the purpose of resale. 2. Minutes dated November 14, 1994 from the Heritage Preservation Commission 3. Minutes dated December 6, 1994 from the Eden Prairie City Council. · 1/1 • MEMORANDUM TO: Heritage Preservation Commission THROUGH: Bob Lambert, Director of Parks, Recreation and Facilities FROM: Laurie Helling, Manager of Recreation services(f.tl DATE: November 4, 1994 SUBJECT: Request from a Local Art Broker to Purchase the J. R. Cummins Homestead Print at Wholesale for the Purpose of Resale REQUEST: Recently, I received a call from Eric Swallender, an Eden Prairie resident, who is an art broker and owner of Minneapolis Fine Arts. Swallender has requested to purchase J. R. Cummins Homestead prints from the City at a wholesale price of $50.00 per print. BACKGROUND: To help finance the restoration of the historic Cummins-Grill Homestead, the Eden Prairie Foundation commissioned a painting of the house by the renowned Minnesota Wildlife Artist Les Kouba. The Cummins-Grill Homestead, located at 13600 Pioneer Trail in Eden Prairie, is listed on the National Register of Historic Places. It was built in 1880 by J. R. Cummins, a farmer and horticulturist of note. Currently, limited-edition prints are available at $100.00 (a percentage of the price is tax deductible) or at a discounted price of $80.00 per print during special City events such as Sunbonnet Day. Signed copies are available at the Eden Prairie City Center, located at 8080 Mitchell Road, where the print is on display and available for purchase. Earlier this year, the Cultural Commission voted to recommend the City Council abolish the Cultural Commission and replace it with an Arts Commission and a Heritage Preservation Commission. The request for equal and separate commission status for the Heritage Preservation Commission (HPC) by forming a History Commission separate from the Cultural Commission was presented to the City Council Tuesday, February 1, 1994, which was approved unanimously by the City Council. Previously, the J. R. Cummins Homestead print was an area of responsibility for the Cultural Commission. Since the Cultural Commission has been abolished, the J. R. Cummins Homestead print is currently a responsibility of the Heritage Preservation Commission through the administration of John Gertz, Historic Preservation Specialist and Laurie Helling, Manager of Recreation Services. _)._ 3 \ ACTION REQUIRED: The HPC should review the request at their next meeting. This is an action item in which the Heritage Preservation Commission should make a recommendation to the City Council regarding the request by Eric Swallender to purchase the J. R. Cummins Homestead Print at a wholesale price of $50.00 in which the City would receive $50.00 per print. If you need further information regarding this request before your next meeting, please contact me at 949-8455. LH:mdd cc: Eric Swallender, Owner of Minneapolis Fine Arts John Gertz, Historic Preservation Specialist CPrint/Laurie -3-1 UNAPPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION MONDAY, NOVEMBER 14, 1994 COMMISSION MEMBERS PRESENT COMMISSION MEMBERS ABSENT STUDENT MEMBER STAFF LIAISON I. ROLL CALL 5:00 p.m. City Center Atrium Room 8080 Mitchell Road Sherry Butcher-Y ounghans -Chairperson, Bonnie Peterson, James Mason, Ronald Case, Betty McMahon, and Conrad Skonieczny Debbie Stark Keilah Amundson John Gertz -Historical Interpreter Chair Sherry Butcher-Younghans called the meeting to order at 5:10 p.m. Commission members present were Sherry Butcher-Younghans, James Mason, Bonnie Peterson, Ronald Case, Betty McMahon, Conrad Skonieczny, Keilah Amundson, and John Gertz. Commission members absent were Debbie Stark. II. APPROVAL OF MINUTES -OCTOBER 17. 1994 The Minutes of October 17, 1994 were approved as submitted. MOTION: Moved by Case, seconded by Mason, to approve the October 17, 1994 Minutes. Motion passed 7-0. III. SALE OF J.R. CUMMINS HOMESTEAD PRINTS Laurie Helling, manager of Recreation Services updated the commission on a request from Eric Swallender, art broker and owner of Minneapolis Fine Arts, to purchase J.R. Cummins Homestead prints from the City at a wholesale price of $50.00 per print. Proceeds will help finance the restoration of the historic Cummins-Grill Homestead. Since the Cultural Commission has been abolished, the print is currently the responsibility of the Heritage Preservation Commission under the direction of John Gertz. 5' Unapproved Minutes Eden Prairie Heritage Preservation Commission November 14, 1994 John will inventory the prints and coordinate this request. MOTION: Moved by Case, seconded by Peterson, that the Heritage Preservation Commission make a recommendation to the City Council to approve the request by Eric Swallender to purchase the J.R. Cummins Homestead print at a wholesale price of $50 in which the City would receive $50 per print. Motion passed 7-0. IV. REVIEW OF LETTER TO EDEN PRAIRIE BUSINESS OWNERS The commission reviewed a letter to be sent to approximately 300 Eden Prairie business owers encouraging them purchase a Cummins print to help finance the restoration of the historic Cummins-Grill Homestead. The letter was approved with changes of "Historical" to "Heritage", and "Natural" ommitted from Parks, Recreation & Facilities Department. MOTION: Moved by Skonieczny, seconded by Case, that the HPC obtain approval from the City Council to proceed with the marketing efforts to sell the lR. Cummins Homestead print. Motion passed 7-0. IV. PLANNING SESSION (See Planning Session Notes) V. ADJOURNMENT Next meeting will be December 19, 1994 from 6-9:00 p.m. to conclude the Planning Session. Dinner will be provided. Meeting adjourned at 9: 1 0 p.m. Respectfully submitted, Lee Bell Recording Secretary CI1T COUNCIL IIINUTBS December 8. 1894 L. RlQUlST FROM A LOCAL ART RBOIIB TO PURCHASE TIll J.B. CVMIIINS HOMESTIAP PRINT AT WHOL'MI,' FOR TIll PJJBPOSI OF RIMLI Pidcock said she would recommend that Item L be turned over to the Arts Commission with a reminder that they should by to get the prints sold. Lambert said we have over half of the original 1000 prints remaining after eight years. He said the Heritage Preservation Commissioh has reviewed this and recommends that we use this means of selling the print. MOTION: Pidcock moved, seconded by Harris, to amend Item L of the Consent Calendar to limit to 100 the number of prints to be sold to the broker. MOtiOD carried unan.moual,.. '1