HomeMy WebLinkAboutCity Council - 10/19/1999AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 19,1999
CITY COUNCIL:
7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
Mayor Jean Harris, Councilmembers Sherry Butcher-Y ounghans, Ronald Case, Ross
Thorfinnson, Jr., and 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 Peggy 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 WORKSHOP HELD TUESDAY, OCTOBER 5,1999
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 5, 1999
V. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION APPROVING FINAL PLAT OF CITY HILL
FELLOWSHIP
C. DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF 1999 SPECIAL ASSESSMENT ROLLS AND
SETTING HEARING DATE (Resolution)
D. AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH TKDA
FOR DESIGN AND CONSTRUCTION ADMINISTRATION FOR WELL
#14, I.e. 99-5500
E. AUTHORIZE MAYOR AND CITY MANAGER TO EXECUTE PROJECT
MANAGEMENT AGREEMENT -EDEN SHORES SENIOR HOUSING
PROJECT
CITY COUNCIL AGENDA
October 19, 1999
Page 2
F. AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH KERN,
DEWENTER. VIERE, LTD. FOR AUDITING SERVICES FOR 1999 -200t
G. PROCLAMATION PROCLAIMING OCTOBER 25-29 EDEN PRAIRIE
EAGLE MARCHING BAND WEEK
VI. PUBLIC HEARINGS / MEETINGS
A. BROWN ADDITION by Pemtom Land Company. Request for Planned Unit
Development Concept Review on 23.87 acres, Planned Unit Development District
Review with waivers 8.59 acres, Rezoning from Rural to Rl-13.5 on 4.09 acres,
Zoning District Amendment within the Rl-13.5 Zoning District on 1.02 acres and
the Rl-9.5 Zoning District on .82 acres, Preliminary Plat on 23.87 acres into 13
lots and 2 outlots, and Musa Line addition of 1.65 acres. Location: East of
Overland Trail and Frontier Place; North of Flying Cloud Drive. (Resolution for
PUD Concept Review, Ordinance for PUD District Review and Zoning
Change, Resolution for Preliminary Plat, and Resolution for MUSA
Addition)
B. RESEARCH SECOND ADDITION by Starkey Laboratories. Request for Planned
Unit Development Concept Amendment on 13.13 acres and Preliminary Plat on
13.13 acres into 2 lots. Location: Flying Cloud Drive and Crosstown Circle.
(Resolution for PUD Concept Amendment and Resolution for Preliminary Plat)
C. ROLLING HILLS SENIOR HOUSING by Hartford Financial Services, Inc.
Request for Guide Plan Change from Regional Commercial Service to High Density
Residential on 7.95 acres and to Office on 1.02 acres, Planned Unit Development
Concept Amendment on 8.97 acres, Planned Unit Development District Amendment
with waivers on 8.97 acres, Zoning District Change from C-Reg-Ser to RM -2.5 on
7.95 acres and Office on 1.02 acres, Site Plan Review on 8.97 acres and Preliminary
Plat on 8.97 acres into 2 lots. Location: Southeast Comer of Prairie Center Drive
and Rolling Hills Road. (Resolution for Guide Plan Change, Resolution for PUD
Concept Amendment, Ordinance for PUD District Review and Zoning District
Change and Resolution for Preliminary Plat)
D. SCENIC HEIGHTS OFFICE BUILDINGS by Peter Andrea Company. Request
for Guide Plan Change from Church to Office on 4.06 acres, Zoning District Change
from Public to Office on 4.06 acres, Site Plan Review on 4.06 acres, and Preliminary
Plat on 4.06 acres into one lot and road right-of-way. Location: Scenic Heights
Road, west of the Fire Station. (Resolution for Guide Plan Change, Ordinance for
Zoning District Change and Resolution for Preliminary Plat)
E. PICKLED PARROT & SW METRO by Pickled Parrot & SW Metro. Request for
Planned Unit Development Concept Amendment on 22 acres of the Southwest
Metro PUD, Planned Unit Development District Review with waivers 1.67 acres,
Zoning District Amendment within the C-Reg-Ser Zoning District on 1.67 acres,
Site Plan Review on 1.67 acres, and Preliminary Plat on 22 acres into 2 lots and one
CITY COUNCIL AGENDA
October 19, 1999
Page 3
outlot. Location: Technology Drive and Prairie Center Drive. (Resolution for PUD
Concept Amendment, Ordinance for PUD District Review and Zoning District
Amendment and Resolution for Preliminary Plat)
F. AUTHORIZING A TAX RATE INCREASE FOR THE 1999 TAX
LEVY, COLLECTmLE IN 2000 (Resolution)
VII. PAYMENT OF CLAIMS
VIII. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE FOR A STREET NAME
CHANGE FOR A PORTION OF KURTZ LANE TO ADDIE LANE
IX. PETITIONS. REQUESTS AND COMMUNICATIONS
X. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XI. APPOINTMENTS
XII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Report from Councilmember Butcher-Y ounghans on Overlook Park
B. REPORT OF CITY MANAGER
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
1. Report of Preserve Park Renovation Meeting with Residents
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
EDEN PRAIRIE CITY COUNCIL WORKSHOP
TUESDAY, OCTOBER 5,1999
CITY COUNCIL:
5:00-6:55 PM CITY CENTER
TRAINING ROOM
Mayor Jean Harris, Councilmembers Sherry Butcher-Younghans, Ronald Case, Ross
Thorfinnson, Jr., and Nancy Tyra-Lukens
CITY STAFF:
City Manager Chris Enger, Financial Services Director Don Uram, Public Safety Services
Director Jim Clark, Parks & Recreation Services Director Bob Lambert, Public Works Services
Director Eugene Dietz, Management Services Director Natalie Swaggert, Manager of Housing
and Redevelopment David Lindahl, and Council Recorder Peggy Rasmussen
I. CALL MEETING TO ORDER -MAYOR JEAN HARRIS
Mayor Jean Harris called the meeting to order at 5:40 p.m.
II. APPROVAL OF AGENDA
MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve the
agenda as published. Motion carried 5-0.
III. TRAFFIC DEMAND MANAGEMENT (LAND USEITRANSPORTATION -
GOLDEN TRIANGLE)
Enger referenced the first Traffic Demand Management (TDM) Workshop discussion
several months ago. Staff recently had a detailed discussion on TDM in the Golden
Triangle area.
Thorfinnson emphasized the necessity of moving ahead with a traffic plan, especially in
the commercial and industrial areas. Thorfinnson said Mayor Harris, Enger and he met
with Best Buy representatives to discuss the traffic situation. The strongest tool the City
can use is to provide good access to the highways surrounding the Golden Triangle -494,
62,212 and 169.
The 1-494 Corridor Commission is working with Eden Prairie, the Metropolitan Council,
MnDOT and transportation providers to develop a two-year demonstration project to test
various TDM strategies and related TSM improvements within the Golden Triangle area.
The demonstration will reduce peak hour traffic congestion by combining the use of
existing and new TDM incentives with HOV infrastructure improvements.
Lindahl showed a map of the TDM demonstration area in the Golden Triangle. He said it
is an opportunity to tie major infrastructure improvement projects to TDM, and he
described eight potential projects. They included five improvements conceived as part of
I
COUNCIL WORKSHOP MINUTES
October 5, 1999
Page 2
the demonstration project, including three HOV "slip ramps" that would provide access
to the surrounding highways, as well as other improvements identified in MnlDOT's
layout plans and EIS for the reconstruction ofI-494. The HOV ramps should provide an
incentive for people to carpool in order to save time waiting at the other ramps. MnDOT
has agreed to the concept of this plan, and they are looking for funds to carry out their
portion of it.
With regard to land use, a mix of high-density residential, office and commercial is
preferred for future development. This mixed use would reduce the number of vehicles
coming and going from the area. Developers could build more floor area if they don't
generate more traffic or parking. Any housing built in the Golden Triangle would likely
be absorbed by employees working in the area.
Enger said City Staff needs support from the Council for the mixed-use concept, which
he called ''urban villages." He also asked for support and direction on the proposal for
high-density residential, which would mean 30-40 units per acre and may require
approval of building heights beyond the City's ordinance. Lindahl added that the price of
land makes high-density necessary.
Lindahl showed a template of a proposed TDM plan and said so far the City has been
very successful in asking businesses to provide a plan and someone to coordinate it with
their tenants. Lindahl said Eden Prairie doesn't want to mandate TDM plans, as is done
in some States, but does want to give businesses incentives to develop plans.
Thorfinnson said the 1-494 Corridor Commission is in the process of identifying major
tasks to carry out the goals of the demonstration project and assigning different agencies
to handle each of them. They have been talking to the partners in the commission, and
also talking to Southwest Metro and Metro Commuter Services. Lindahl added that City
Staff is hoping to meet just once with key people in the businesses located in the Golden
Triangle, with the message that we are all part of the problem and hope they will assist
with the solution.
Enger said the City has an ordinance that requires a minimum number of parking spaces.
In order to reduce the amount of traffic, the City could go in the opposite direction by
setting a maximum number of parking spaces. Thorfinnson pointed out such an
ordinance might discourage developers from building in Eden Prairie and put it at a
competitive disadvantage to other suburbs that don't have such a requirement. He
suggested that the City have guidelines for developers rather than an ordinance.
Case said it may be time to look at how many cars are generated by each five-acre parcel
of land, and this may encourage high-density residential development. Enger suggested
that people living in ''urban villages" might park in high-capacity vehicle parking ramps,
and this would be an incentive to developers. Butcher-Y ounghans suggested it would be
advantageous for the City to market this idea to certain developers instead of waiting for
the developers to come to the City. Lindahl said developers could be told this is the kind
of approach the city is taking and suggest high-density housing to them.
COUNCIL WORKSHOP MINUTES
October 5, 1999
Page 3
Mayor Harris asked Staff to follow up on these concepts and see if they can develop
incentives, as well as developing a viable base for both citizens and commercial interests.
This demonstration project plan shows there are an array of options for addressing traffic
problems.
Thorfinnson said this demonstration project provides an opportunity to not only address
some of the traffic problems but also enhance tax revenues through mixed-use
development.
Thorfinnson referenced the recent decision by MnDOT to drop the southwest metro
project from its 2000-2002 Transportation Improvement Plan (TIP). This project would
add a third lane in each direction on 1-494, between Highway 212 and Highway 100. It
was originally scheduled to be let in the fall of 2001, but was pushed into 2004. As late
as August 9 it was still in the plan, and Thorfinnson said there was no communication
from MnDOT to the affected agencies informing them the plan had been dropped from
the 2000-2002 TIP. Since then, the Met Council said it would accept MnDOT's TIP if
MnDOT agrees to let the bid for this project in July 2002. The Met Council received a
letter from the State's Transportation Commissioner agreeing to this.
Thorfinnson said this proved to be a good opportunity to show how cities can cooperate
to fight this type of action. It pushed the need for improvements on 1-494 to the forefront
of discussion about transportation. There are now a lot of people thinking about the 494
corridor and about solutions to the problems. Ted Mondale, Chair of the Met Council,
said he supports using Met Council funds for the Golden Triangle demonstration project.
Mayor Harris congratulated Thorfinnson for his work in pushing for the 494 project. A
letter has been received from the Transportation Commissioner confirming the date of
July 2002 for letting this project.
IV. OTHER BUSINESS
V. COUNCIL FORUM
VI. ADJOURNMENT
Mayor Harris adjourned the meeting at 6:55 p.m.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 5,1999
CITY COUNCIL:
7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
Mayor Jean Harris, Councilmembers Sherry Butcher-Younghans, Ronald Case, Ross
Thorfinnson, Jr., and 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 Peggy Rasmussen
I. ROLL CALL / CALL THE MEETING TO ORDER
Mayor Jean Harris called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Enger deleted Item V. J. from the Consent Calendar. Tyra-Lukens moved,
seconded by Thorfinnson, approval ofthe agenda as published. Motion carried 5-0.
IV. MINUTES
A. CITY COUNCIL WORKSHOP / FORUM HELD TUESDAY,
SEPTEMBER 21, 1999
Mayor Harris made a correction on page 4. At the end of the first sentence in the
second paragraph should be added " ... , and with City dollars available to meet
the needs not met with FamiLink funds."
MOTION: Butcher-Y ounghans moved, seconded by Thorfinnson, to approve
the minutes of the City Council WorkshoplForum held Tuesday, September 21,
1999, as published and amended. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 21, 1999
Mayor Harris made a correction on page 5. The third paragraph should read
"Mayor Harris added that another important function of the Leisure and
Communication Board was communication, in addition to the integration of the
work of all committees and commissions ... "
I
CITY COUNCIL MINUTES
October 5, 1999
Page 2
MOTION: Case moved, seconded by Thorfinnson, to approve the Minutes of the
City Council Meeting held Tuesday, September 21, 1999, as published and
amended. Motion carried 5-0.
V. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. LARIAT OFFICE BUILDING Request by Lariat Companies, Inc. 2nd Reading
of Zoning District Amendment within the C-Reg-Ser Zoning District on 2.28
acres and Site Plan Review on 2.28 acres. Location: 8205 Commonwealth Drive.
(Ordinance No. 31-99 for Zoning District Amendment and Resolution 99-175
for Site Plan Review)
c. PHILLIPS & TEMRO INDUSTRIES. INC. Request by Phillips and Temro
Industries, Inc. 2nd Reading of Zoning District Amendment within the 1-2 Zoning
District on 7.44 acres, Site Plan Review on 7.44 acres and Preliminary Plat of
7.44 acres into one lot. Location: 9700 West 74th Street. (Ordinance No. 32-99
for Zoning District Amendment and Resolution No. 99-176 for Site Plan
Review)
D. CITY HILL FELLOWSHIP Request by City Hill Fellowship. 2nd Reading of
Planned Unit Development Concept Amendment on 7.9 acres, Planned Unit
Development District Review on 7.9 acres, Zoning District Amendment within
the Public Zoning District on 7.9 acres, Site Plan Review on 7.9 acres and
Preliminary Plat on 7.9 acres into one lot. Location: 12901 Roberts Drive.
(Ordinance No. 27-99-PUD 21-99 for PUD District Review and Zoning
Amendment, and Resolution No. 99-177 for Site Plan Review)
E. SHADY OAK ESTATES Request by Bruce Nelson. 2nd Reading for Planned
Unit Development Concept Review on 14.64 acres, Planned Unit Development
District Review on 14.64 acres, Rezoning from Rural to Rl-13.S on 14.64 acres
and Preliminary Plat of 14.64 acres into 9 lots and 2 outlots. Location: North of
Old Shady Oak Road. (Ordinance No. 29-99-PUD-23-99 for PUD District
Review and Zoning Change)
F. ADOPT RESOLUTION NO. 99-178 APPROVING FINAL PLAT OF
DELEGARD ESTATES
G. ADOPT RESOLUTION NO. 99-179 APPROVING FINAL PLAT OF
PHILLIPS & TEMRO ADDITION
H. ADOPT RESOLUTION NO. 99-180 APPROVING FINAL PLAT OF
SHADY OAK ESTATES
I. APPROVE 2ND READING OF ORDINANCE NO. 33-99 AMENDING CITY
CODE CHAPTER 2. RELATING TO BOARDS AND COMMISSIONS
~
CITY COUNCIL MINUTES
October 5, 1999
Page 3
J. AUTHORIZE EXECUTION OF PROJECT MANAGEMENT
AGREEMENT FOR THE EDEN SHORES PROJECT
K. ADOPT RESOLUTION NO. 99-181 AUTHORIZING EXECUTION OF
DOCUMENTS FOR SALE OF PROPERTY TO 7711 MITCHELL
PARTNERS
L. ADOPT RESOLUTION NO. 99-182 AUTHORIZING SALE OF LAND TO
MNDOT FOR TH 212
M. APPROVE CHANGE ORDER NO.1 FOR WELL COLLECTOR LINE
PROJECT, I.C. 98-5476
Pauly stated, with regard to Item I, that the form of Ordinance No. 33-99 and the
summary, as submitted, is not correct. Changes from the draft, approved by the
City Council on September 21, were not carried forward to the final version. He
said he has incorporated these changes into both the ordinance and summary and
asked Council for approval to substitute them for the ones originally distributed.
Enger said, with regard to Item I, he has met with Councilmembers Butcher-
y ounghans and Thorfinnson and the various agencies involved to determine how
human service needs could be more adequately addressed. Enger suggested that
Familink continue to do the Human Services Needs Assessments for the City.
Coordination of the agencies involved in human services would be managed
under Intergovernmental Bodies on the Boards and Commissions chart, with a
Council liaison that would report directly to the City Council. They suggested
also that HTHSB funds be handled by an in-house committee made up of City
Staff members currently involved in Public Safety, Youth and other areas, and
that their recommendations be made directly to the City Council. They also
suggested diverting some City resources for human service needs. Tyra-Lukens
said she is satisfied with the way human service needs will be handled.
MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve
Items A-M on the Consent Calendar, with Item J deleted, including approval of
Ordinance No. 99-33 and Summary of Ordinance No. 99-33 as amended. Motion
carried 5-0.
VI. PUBLIC HEARINGS / MEETINGS
A. BROWN ADDITION by Pemtom Land Company Request for Planned Unit
Development Concept Review on 23.87 acres, Planned Unit Development District
Review with waivers 8.59 acres, Rezoning from Rural to R1-13.5 on 4.09 acres,
Zoning District Amendment within the R1-13.5 Zoning District on 1.02 acres and
the RI-9.5 Zoning District on .82 acres, Preliminary Plat on 23.87 acres into 13 lots
and 2 outlots, and Musa Line addition of 1.65 acres. Location: East of Overland
Trail and Frontier Place; North of Flying Cloud Drive. (Resolution for PUD
CITY COUNCIL MINUTES
October 5, 1999
Page 4
Concept Review, Ordinance for PUD District Review and Zoning Change,
Resolution for Preliminary Plat, and Resolution for MUSA Addition)
Enger said a request was received from The Pemtom Land Company to postpone
action on the Brown Addition in order to resolve alternative trail issues, and to
reschedule the public hearing for the October 19 City Council meeting.
MOTION: Thorfinnson moved, seconded by Case, to continue the public hearing
on Brown Addition to October 19, 1999. Motion carried 5-0.
B. RESEARCH SECOND ADDITION by Starkey Laboratories. Request for Planned
Unit Development Concept Amendment on 13.13 acres and Preliminary Plat on
13.13 acres into 2 lots. Location: Flying Cloud Drive and Crosstown Circle.
(Resolution for PUD Concept Amendment and Resolution for Preliminary Plat)
Enger said the different portions of this development should be considered
together, and he recommended continuing this public hearing to the October 19
City Council meeting.
MOTION: Case moved, seconded by Butcher-Younghans, to continue the public
hearing on Research Second Addition to October 19, 1999. Motion carried 5-0.
VII. PAYMENT OF CLAIMS
MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve Payment of
Claims as submitted. Motion was approved on a roll call vote, with Butcher-
Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye."
VIII. ORDINANCES AND RESOLUTIONS
IX. PETITIONS. REQUESTS AND COMMUNICATIONS
X. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XI. APPOINTMENTS
A. APPOINTMENT TO NEW PLANNING BOARD
Enger said, in light of the Council's approval of the process and criteria for
appointment to the new Community Planning Board at its September 21 meeting,
a list of candidates for the new Community Planning Board has been put together
reflecting Council's action. These appointments create a Planning Board of the
appropriate diverse backgrounds while providing continuity between the old and
the new planning boards. The members represent various Boards with terms
expiring in March 2000 and those with terms extending through March 2001. He
requested appointment of those people to the new Community Planning Board.
CITY COUNCIL MINUTES
October 5, 1999
Page 5
Case inquired if some of the seven whose terms expire in March 2000 could be
reappointed in March, and Mayor Harris said they could.
MOTION: Case moved, seconded by Tyra-Lukens, to appoint to the new
Community Planning Board: Randy Foote, Vicki Koenig, Beverly Alexander,
Marvin Cofer, Franz Corneille, Katherine Kardell, and Ray Stoelting to terms
effective January 1, 2000 through March 31, 2000; and to appoint Rebecca Lewis
and Kenneth Clinton to terms effective January 1,2000 through March 31,2001;
and to appoint Randy Foote as Chair. Motion carried 5-0.
XII. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
1. Report by Mayor Harris About Public Meetin2 on Hwy. 101
Mayor Harris attended a public meeting on September 29 regarding
improvements to Highway 101 between Highways 62 and Highway 5.
She said Eden Prairie residents were more concerned about the process
that will be used for making ultimate decisions. They were told this was
the first in a series of steps and that no decisions were to be made that
night. Residents were also concerned with the length of time construction
would take and the disruption this would cause. Their third concern was
that some homes would have to be removed, and the fourth concern was
that this would result in more noise from traffic reaching their homes,
located behind the homes being removed. It was a very open meeting and
everyone who wished to do so had an opportunity to speak. The
comments will be summarized and reviewed by the counties and by the
various city councils.
Dietz said the comments are being summarized by the engineering
consultants for the project, including comments raised by the counties. It
will likely be two or three weeks before they are available for review.
B. REPORT OF CITY MANAGER
1. Set Special Meetin2 Date for Capital Improvement Plan Workshop of
November 9, 1999 from 5:00 -7:30 p.m. at City Center
Enger asked Councilmembers if they are available to meet for a Workshop
to review the Capital Improvement Plan on November 9, 1999 from 5:00-
7:30p.m.
MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to
approve November 9, 1999, as the date for a Capital Improvement Plan
Workshop. Motion carried 5-0.
5
CITY COUNCIL MINUTES
October 5, 1999
Page 6
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR
1. Meetin2 with Residents of The Preserve Re2ardin2 Preserve Park
Hockey Rink
Lambert reported he met with about 30 residents of The Preserve in the
Preserve Bam on September 28 to discuss their concerns about the
relocation of the hockey rink in Preserve Park. Their concerns were the
visual impact of the hockey rink, the rink's lights, and the noise caused by
pucks hitting the boards around the rink.
Lambert told the residents he would see ifhe could get luminaires that cast
the light down more than is presently proposed. However, he has found
out it would be necessary to purchase 50-foot light standards, which would
cost $10,000 more than the shorter standards presently proposed.
Residents also inquired about obtaining a portable rink that could be
removed in the summertime. They mentioned several cities that have
portable rinks. Lambert contacted their parks and recreation directors,
who said the only reason they have portable rinks is because they are
located in areas needed for other activities during the summer. If they had
a choice they would not have them because they require high maintenance
and a lot of storage space. Lambert does not recommend purchasing
portable rinks for Eden Prairie.
Lambert believes the answer to residents' concerns is to provide good
screening around the rink. The question on lights is whether to go to 50-
foot light standards with more downcast luminaires. \They would produce
a higher glow, which residents probably would not like. Lambert does not
recommend purchasing them. He is meeting again with Preserve residents
on October 11 to explain his findings.
Butcher-Y ounghans inquired what hours the rink is open. Lambert replied
it closes at 9 p.m. Sunday through Thursday and closed at 10 p.m. Friday
and Saturday.
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
CITY COUNCIL MINUTES
October 5, 1999
Page 7
XIII. OTHER BUSINESS
A. COUNCIL FORUM INVITATION
Mayor Harris said Council Forum will be held the first and third Tuesdays of the
month from 6:30-6:55 p.m. in the Training Room. 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.
XIV. ADJOURNMENT
MOTION: Thorfinnson moved to adjourn the meeting. Mayor Harris adjourned
the meeting at 7:30 p.m.
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Calendar October 19, 1999
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
Brennan Construction ofMN Inc
Bruegger's Bagel Bakery
Northern States Power Company
Norwest Contractors Inc
Rushing Commercial Construction Corp
October 19, 1999 - 1 -
CITY COUNCIL AGENDA DATE:
October 19, 1999
SECTION:
SERVICE AREAJDIVISION: ITEM DESCRIPTION: ITEM NO.:
Public Works-Engineering Final Plat Approval of City Hill F ellowshi p VrJ. Randy Slick Church Addition
Requested Action
Move to: Adopt the resolution approving the final plat of City Hill Fellowship Church
Addition
Synopsis
This proposal, located at 12091 Roberts Drive, consists of 7.9 acres, which is being platted into
one lot for the proposed 15,164 square foot addition and remodeling of the existing church.
Background Information
The preliminary plat was approved by the City Council September 7, 1999. Second Reading of
the Rezoning Ordinance and final approval of the Developer's Agreement was completed on
October 5, 1999.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $837.40
• Receipt of street lighting fee in the amount of $1,008.90
• The requirements as set forth in the Developer's Agreement
Attachments
Drawing of final plat
\
~------------------------------~----~
CITY HILL FELLOWSHIP CHURCH ADDITION R. T. DOC. NO.
.. ~, -'-,<) ~:1<) -':;'-'" (l~ '-'t~.:~"-{-,
" "<">'-:-"i?,-,.. " " ~O" "_":., ...• !?~"
'1
0
", X" I!> ill
" I!> ill I!> f'..." ...... b,.~O~ ",b ~~ II "::':i~h: !I:> \;;
'&. t; ~z ,
0 ~ ~~" ~3 .q... "I
' ( • ':'bp~ "'r/ / ""'~>.q"tt>. ~
"'.J,,;;> ~ ~( I:
~!~ ~ , "1 • ..</ ,-~{~"!·i..~i.i.. '" , I (;:-;;-...... ~ ( ~ .. ,.~ Cq
'" "'0 ~
-1:'),...., "'i l _:?.('('\
....... "'''/ :~~:~it: ~-oJ
LOT 1
BLOCK 1
l'10~_ =.:.......L1L-_-__ ~_
""'42"10-"" 500.&00
..... -SOUTH U£ Of ntE
HE 1/4 M S£C. 10
I
1
~i;,. 4':0 ~ .... " ( . .............
1_-~ILi
I I~
It
-]e".
110.01
(6) ~
"
..... -5(XJnt UN( or 1H[
NW 1/4 « src. 11
PRAfRIE CR()~;~;R()AD~;
CGRPORA TE CEj-1TER
;;'r:NARD
A f\.PI T:"":-.; nJ ... ' ...... J,.
(
$<d. In ....
100 200 JOG
lM'MoIA(l( /lHl) UlUlY (ASOIDn'S: loR'( 5lllO'11H 1HUSr;
-411--
,_IL-
I I
~ __ ~L __ L
-r
1\<4( .A'~ CIT _ANNC$ IS AS'SUloIIiO
8DNO 0 ru:T IN *Ont AND ~ \.OT l.J\E5.
VNL£st OnoWlS( IHOK:.A ltD. N«t 10 fUT IN
1'IIDtw UN..[U OlHDl*$( IN0tC4l'1i.O AND AO~C
RIOHT-Of"-WAoY Ute.. M '!SH~ ON lllE: Pt...Af o O(NOTrS '''ON UOH.....:Nt
kNOW ).lJ.. WOI BY n£s£ PR£SOHS.: Th<rl City" raf'o-.t.". 0 ~t. r-"9b.l. ~CIrl>O"cttlQn. , .. ~ of ,~ toIlo_W\9 .... ~ Pf" ..... ty .. tooted In ..... C_ty of H-..plool.
Slot. 01 Wnn.eolo to .It:
Thol port 01 th<I Souu--t 1/4 Qf the Hortt-.t 1/4 0' ~ 10 and 01 tM Soulh_' 1/4 ~ the Nar-tt\ .... t 1/4 of Sect'on 11. all In l_.tI1p fll. ftonte 22 ~ _
::,::,., 8:;'~~ ~~~:.-~ =:o.°'ot~~ ~~r~ ~:::~I~'';: :: ~':, .:. = ~,o"= :=I.!::~I!~ ;'C::I~!::".!o.'~ c:. '=-~
out ond Iro~ u..nc. h • t-'erd Soulh..ty d .... eto. donv tho So.>th..-ly Ilno .r .,Id County Rood No. as to tho ht_lIotI 01 1M £0.( ,tn. 0' ~ .... 110 Ie« 0' Urlo
Soulh-t I/t 0( 1!'Hi North ... t ./4 0' MId SocISoft 11; Uwno. South otono ,.". ~UONd 1m. to 1tM South line 01 "Wi So-..lh ... ' 1/4 of Hcwth_t 1/4 0' s.c.Uon 11; UI~
;:: ~Of"'u.. ~.!:nol ~:::"=I~M ~~u!n 01,00: t=!:'.'!.t ~~ ~~ =~-= "'''''1109 ot • ,*,1 n the South n-ot ....
SouthtoM. Ouart .. 01 ... Hof"UMotC ().,ar1., 2tO.~ 'Nt Wett of Ihf Sou"*-' oomer "*.or: I~ wttot CIIMt 11M Swth , .... of ItM Sou ..... , Ou<rt., 0' tM ~t «Nor • .,
0' ..»d Seetbl 10 a chlar!oe of 210 ... t; ~ North ~ .... Uh the Eaet In. 01 .cJ6d 5..;tIgn 10 to the 5oI.Ilh4rty 1ft. of c--.ty RoocI No. " _ ~ WeI DUt an4 ~ ::-: :..: l:~S4u':;:!, ~:: ~ ~t~~ o~~ :;.-.: ,':: o~':...1U ~t __ Uon .Ith 0 ... ch_ ,,_ th. ~I 01 ~ per .... with IN [ .. ,I
HoM c-.....d IN _ to " --)M ....cI pIoolted _ OTt ttll. ffi.1.,OWSJIIP ~ot ADOIlKlH _d 0-tr.'-y donGle ond tMdcat. to tho pubf1c ~ public y .. ~ ...
*oIrM:I9o end .,.\11\), ~OF\t. 00 ~ on , .... plot.
In _tt-....... 0' IIOld 01)1" r ........ 0 W""-oto f"5g&out! oorporoUon. hoi! coutled tt.... ~bt to be ~ by It. ,.,...., ot"'=-Ihr.------day of------le---
~ en)' .. '-.. o....Np. 0 ~ .... 191ou. ~11orI
8y.--------------------. 11 ..... -----------------------
STAT[ (7 ~H£SOTA
CXlI..MTY CJf----------------------------------------
1M roc~ .... 1I'U"r'*lt _. ~~ bef'Of. "'" thI..--------rJoy 01-------------. 11f---------by------------------------UI_-------------------vi aty'" ,. .. o-wot.tp. 0 .. "-to r~. corporallorl on ~f 0( IlOId
fXII'li'O'"utlon.
NotQl')' PubIe.--------------------------CovAt)!. Wm.-olo
"'y OOO"oIIlt.oloft ~" .. --------------------------------------------
I l'I«""y C4fUfy thot I M¥I ..........,.., ~ pktt., WHI IGrod ~ CNI tNI plot _ an' f«.J. fD.l~ Qt1.JIROi AOOflKlH;; ttwlt "' .. pkIt " 0 ~t ,........toUon of Mid
:'7r~ U::h:' ~ ~ ~~ ~ :!t-:"'~~~"II::::' ~ ~ ~':s";.~~y~ ~h';:-WOr.~.: ~ =' ~t
p!oL
Ptail A.. ThoqI, land ~
Wln,...,to lk ..... U637
STATE or Wl'(NfSOTA
COIA4TY OF--------------------------------------------
1M fot'.~ ....... ,.:.r". QWtIfk<rt. W'OI oct~ ~ ...... w_-----------dot
01-----------------------. 1 ..... -------. by Pout A. Thorp. l.-d --...,... ~to lk>en .. No. 1~37.
NolOI)' ~J.c------------------------------Clount'l, Wtn-.-to
Myoonvn""'" ."lJ..... --------------------------------
(OfN ~ a..IH£SOlA
lh .. pkIt of af'( HU FlliOWSl. CHJRCH ....oDIlIOH _. (lppfo.....d orW oc:copteod by th. Ctty Co.tftcl of [den Pl"okW. ""'-oolo .. 0 ~ ..... tno ttwr .. f .... d
th __ -----------------------
doy 01-------------------••• -_____ . If ~ u.. -ttl_ ~ .. .-.4 --=_dot"'-ol of .... ~ .f T.--,...,.-hrUon ... If thI Count, f~
1'10 .... Men rl'Oel-.t by the CIty 0# lh. Pf~ JO 40y ~ h. aopMd ~t roc.lpl of tuo:h comment. ~d r~tlof\ .. 01 Pf~ by .,lna.""'" Stotut ... S.c:00A
~.Ol, Subd. 1.
OTY CQ.MCt. Cf" [J')£N f'1t~ MINN(SOfA
By
By
TAXPA)'[JI srn...a:s Of\ASION. ~£HNEJ>t.I (XMoITY, loeKSOTA
. ...,..
• CM.y w."....,..
I a-'eby "",Ufy thol I ... ,oyobh In 19--------0J'>d pOor ,.. ... ho¥o ~ paid for IN Iond ~ or\ ... plot. Oot ........ -------------60)' 0'----------------. 19---.
Polrldo: H. O·eu.w-, H---v1A eouaty ,t,ucltor
SUR\.£Y S£ClKH. Ho-EJ"IN OOUHfY. ~50fA
By---------------------------o.puly
~l to W"A. Stotut_ s.c,"" 3aJII.~!I (UNl9). Ih'-plot ~_ '"-' opprCl¥ld tN_---------___ _
doJy of----------------• 19 .
Cory r. eo.-I, Henneph C<:u\t, ~ By
MCtSlRAR CK lIllfS, ttlDaolEPtN COUHrr ...... (SOTA
I t-... y _tlly thot .tth'" p40t of (lTt HU FWJ)WSHP Ct«Jft'CH AOOIlIOH _ ft.d tor ~ 1ft ltv. oIfk:o. 1 ..... ---------------doy of---------• 19-----... t
----------------o·doctI W.
IrIkhooI H. c;...ntH. R'9i-lror or ntt.s By o.put, -----------------------------------
1.1-'~ Hansen Thorp ~ Pellinen Olson Inc.
, l '-0 ........... ...-.-......
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
CITY HILL FELLOWSHIP CHURCH ADDITION
WHEREAS, the plat of City Hill Fellowship Addition has been submitted in a manner required
for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota
Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for City Hill Fellowship Church Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated October 19, 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
provlslOns.
ADOPTED by the Eden Prairie City Council on October 19, 1999.
Jean L. Harris, Mayor
ATTEST: SEAL
Kathleen A. Porta, City Clerk
A:1City HiM FeIoNship Church Final Plaldoc
CITY COUNCIL AGENDA
SECTION: Consent Calendar
SERVICE AREAlDIVISION:
Engineering Division
Jim Richardson
Requested Action
ITEM DESCRIPTION:
Declaring Costs to be Assessed and Ordering
Preparation of Special Assessment Roll and
Setting Hearing Date
DATE:
October 19, 1999
ITEM NO.:
Move to: Approve resolution declaring costs to be assessed and ordering preparation of
special assessment hearing rolls and setting hearing date.
Synopsis
This Special Assessment Hearing is conducted annually in November. The assessments levied
are for projects which have reached the point of substantial completion since the previous
hearing. This process is conducted in accordance with State Statutes and procedure developed
with the assistance of the City Attorney.
(
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING
PREPARATION OF 1999 SPECIAL ASSESSMENT ROLLS AND
SETTING HEARING DATE
WHEREAS, contracts have been let for the following listed improvements and the total project cost,
including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City
Property, are established as shown on the attached Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie:
1. The cost of such improvements to be specially assessed are hereby declared to be those as set
forth in Exhibit A.
2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper
amount to be assessed for each improvement against every assessable lot, piece or parcel of
land within the district affected without regard to cash valuation, as provided by law, and he
shall file a copy of such proposed assessment in the office of the Deputy Clerk for public
inspection.
3. A hearing shall be held on the 16th day of November, 1999 in the Eden Prairie City Center,
8080 Mitchell Road, at 7:30 p.m., to pass upon such proposed assessments and at such time and
place all persons owning property affected by such improvement will be given an opportunity
to be heard with reference to such assessments.
4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments
to be published once in the official newspaper at least two weeks prior to the hearing. He shall
also cause mailed notice to be given to the owner of the record of each parcel described in the
assessment roll not less than two weeks prior to the hearing.
ADOPTED by the Eden Prairie City Council on October 19, 1999.
Jean L. Harris, Mayor
ATTEST SEAL
Kathleen A. Porta, City Clerk
~
EXHmITA
1999 SPECIAL ASSESSMENTS
OCTOBER 19, 1999
PROJECTS TOTAL COST CITY FUNDS AMT TO BE ASSESSED
1. I.C.98-5458 Sewer and Water to serve Southwest Area along Pioneer $1,020,000.00 -0-$1,020,000.00
Trail
2. I.e. 98-5461 Storm Sewer in Fuller Road 73,042.47 -0-73,045.00
3. I.C.98-5481 HOV and Traffic Signal Construction Valley View 1,225,263.00 254,625 162,500.00
Road/Super Valu
Supplementals
Trunk Sewer and Water 767,980.00
Trunk Exclusions -I.C. 94-5360 825.00
Lateral Exclusions -I.C. 94-5360 5,773.00
Deferred AssessmentslSTR 72-9-26 Ring Road 2,250.00
Deferred AssesmentslSTR 72-9-26 Ring Road Storm Sewer 165.00
Deferred Assessments -I.C. 52-308A Schooner Blvd 9,420.00 I
Tall GrasslWeed Cutting 200.00 •
I.e. 52-088 Red Rock Interceptor 29-21-0001 520.00 I
SAC 1,570.00
Connection Fees 21,496.00 !
_________ Sonnection F~es __ __ _ _56,375.00 j
Replacement
Item V.C., Exhibit A
EXHIBIT A
1999 SPECIAL ASSESSMENTS
OCTOBER 19, 1999 This increase fl rom
lue to an
~ pay item.
PROJECTS TOTAL COST CITY FUNDS AMT TO BE ASSESSED /
1. I.e. 98-5458 Sewer and Water to serve Southwest Area along Pioneer $1,049,000.00 -0-r:!, $1,049 oomoo / , . , .... ,.
Trail '/;/ ..... , ...
;..
2. I.e. 98-5461 Stonn Sewer in Fuller Road 73,042.47 -0-73,045.00
3. I.C.98-5481 HOV and Traffic Signal Construction Valley View 1,225,263.00 254,625 162,500.00
Road/Super Valu
Supplementals
Trunk Sewer and Water 767,980.00
Trunk Exclusions -I.C. 94-5360 825.00
Lateral Exclusions -I.C. 94-5360 5,773.00
Deferred Assessments/STR 72-9-26 Ring Road 2,250.00
Deferred Assesments/STR 72-9-26 Ring Road Storm Sewer 165.00
Deferred Assessments -I.C. 52-308A Schooner Blvd 9,420.00
Tall GrasslW eed Cutting 200.00
I.C. 52-088 Red Rock Interceptor 29-21-0001 520.00
SAC 1,570.00
Connection Fees 21,496.00
Connection Fees 56,375.00
--.. _-------.-
CITY COUNCIL AGENDA DATE: Oct. 19.1999
SECTION:
SERVICE AREAlDIVISION: ITEM DESCRIPTION: I.e. 99-5500 ITEM NO.:
Public Works Authorize Professional Services Contract with \/P. Eugene A. Dietz TKDA for Well #14
Requested Action
Move to: Authorize Director of Public Works to engage professional services from
TKDA and Associates for Design and Construction Administration relating to
Well No. 14, Well Pump House No. 14 and Well Collector Line construction
for an estimated fee of$54,700.
Synopsis
As part of our water utility master plan, it is anticipated that 15 or 16 wells will be necessary to
supply the upgraded Water Treatment Plant at a rate of28 million gallons per day Well No. 14 is
actually the 13 th well for our system (the designation for Well No. 1 was "retired" when it was
abandoned for Highway 212). Staffis recommending TKDA and Associates perform the Design
and Construction Administration Services for the project.
Background Information
TKDA and Associates have provided the professional services for Wells 11, 12, and 13 and have
met all expectations. Further, the firm is essentially "fully trained" in our expectations for
providing the finished product.
The proposed location of Well No. 14 will be at the southwest comer of the former Police
Department site -subject to final considerations given to the sale of the property. We anticipate
retaining a 100 x 100-foot parcel or easement for the well site. In accordance with our past
practices, the exterior of the well pump house will be designed to match the surroundings,
presumably with an end-user in mind for the former Police Department property.
The proposed schedule will bring the well on line by September, 2000. This, unfortunately, will
not make it available for summer 2000, which mayor may not create capacity issues depending
on weather conditions. However, we held off in hopes of resolving the specific location of the
well in relationship to the sale of the Police Department site being fully resolved. Even though a
sale has not been consummated, we need to move ahead with the well design and construction.
Staff recommends that authorization of a Professional Services Contract with TKDA and
Associates be approved. Copies of the proposed agreement are available in the Engineering
Services Division.
CITY COUNCIL AGENDA DATE: October 19,
SECTION: Consent 1999
SERVICE AREA: ITEM DESCRIPTION: ITEM NO.
Community Development Project Management Agreement -Eden Shores
& Financial Services: Senior Housing Project I/f. DonUram
David Lindahl
Requested Action:
Move to:
Authorize Mayor and City Manager to execute the Project Management Agreement for the Eden Shores senior
housing project located at TH 212 and Fountain Place Road.
Synopsis:
The Project Management Agreement outlines the obligations of the developer relating to rent restrictions and
calculations, Tax Increment repayment, as well as various other terms.
Attachments:
Project Management Agreement
PROJECT MANAGEMENT AGREEMENT
BY AND BETWEEN
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF EDEN PRAIRIE (Agency)
AND
SIL VERCREST PROPERTIES, LLC (Developer)
THIS PROJECT MANAGEMENT AGREEMENT is made as of October -' 1999
between THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY
OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of
Minnesota (the "Agency"), and SIL VERCREST PROPERTIES, LLC, a Minnesota limited
liability company (the "Developer").
RECITALS:
WHEREAS, the Developer is the owner of that certain real property located in the City of
Eden Prairie (the "City") and legally described as set forth on Exhibit A, on which the Developer
is to construct a 321-unit continuing care facility for seniors (the "Project"); and
WHEREAS, the Agency also has agreed to provide tax-increment financing to reimburse
the Developer for certain qualified costs of the Project pursuant to Minnesota Statutes, Sections
469.174 to 469.179, as amended (the "Tax Increment Act"); and
WHEREAS, the Agency requires certain covenants and conditions with regard to the
development and operation of the Project.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants,
conditions, and promises set forth in this Agreement, the parties agree as follows:
1. Project Management. The Agency and the Developer agree that the Developer's
management of the Project following completion of construction shall be subject to the terms and
conditions set forth in this Agreement, including the remedies for noncompliance set forth herein
or otherwise available by law. The Developer agrees that the Project will be completed and
operational on or before _____ If the Project is not substantially completed and
operational on or before ______ -', other than for reasons outside of the Developer's
\
control, the City may provide a notice of intent to terminate this Agreement. In the event the
Seller has not substantially completed the Project within sixty (60) days following the delivery of
the Agency's notice of intent to terminate this Agreement, then Developer shall be in default of
this Agreement and subject to all remedies available to the Agency.
2. Agency Obligations.
2.1 Subject to all of the terms and conditions of this Agreement, the Agency
agrees to provide, or to make available to, the Developer with regard to the Project benefits
described in this Section 2.
2.2 The Agency has established the Qualified Housing District in conformance
with Minnesota Statutes, Sections 469.001 to 469.047, formerly Chapter 462.
2.3 The Agency has created, in conformance with the Tax Increment Act, a
Housing Tax Increment Financing District No. 15 (the "TIF District") within the Redevelopment
Project, which TIF District shall include the Project.
2.4 If all other terms and conditions of this Agreement have been complied
with and performed, the Agency shall pay to the Developer or its lender seventy-five percent
(75%) of the "Tax Increment," which shall mean the tax increments derived from the TIF District
which have been received and retained by the Agency in accordance with the provisions of
Minnesota Statutes, Section 469.177 or otherwise pursuant to the Tax Increment Act, but not to
exceed four million, six hundred and twenty-five thousand dollars and OO/lOO dollars
($4,625,000.00) ("Total TIF Support"), over a total period not to exceed fifteen (15) years
("Initial Term"). Subject to the adjustments provided for in Section 5 hereof, it is anticipated that
Two million, four hundred and twenty-five thousand and 00/100 dollars ($2,425,000.00) of the
four million, six hundred and twenty-five thousand and OO/lOO dollars ($4,625,000.00) shall be
used by the Developer to provide affordable housing units as descnbed in subsection 3.1
("Affordable Housing Portion"). Subject to the adjustments provided for in Section 5 hereof, it is
anticipated that the remaining two million, two hundred thousand and 00/100 dollars
($2,200,000.00) shall be applied by the Developer toward the costs of acquiring the land on which
the Project is located ("Land Portion"). The Agency's payment of annual tax increment funds
(the "Tax Increment Funds") shall be made semi-annually in two (2) equal installments per year,
each installment to be paid within ten (10) business days of receipt by the Agency of property tax
revenues from Hennepin County. The Agency's obligation to make such payments is expressly
contingent upon sufficient Tax Increment being generated annually to make such payments. In no
event will the Agency be required to make any payments of Tax Increment Funds from any funds
whatsoever other than those generated by the TIF District. The Tax Increment Funds shall come
from the Tax Increment generated by the TIF District. The Tax Increment Funds shall be the
Agency's contribution to the Project.
3. Developer's Obligations.
3.1 Tenants. It is the express understanding of the Developer and the Agency
that twenty percent (20%) of the dwelling units in the Project will qualify for the low-income
housing tax credit pursuant to Section 42 ofthe Internal Revenue Code of 1986 (the "Code"). As
such, twenty percent (20%) ofthe dwelling units in the Project comprising 39 units total ("Special
Unit(s)") will be rented to individuals or families whose incomes do not exceed fifty percent
(50%) of the area median gross income for the Minneapolis-St. Paul Standard Metropolitan
Statistical Area, as adjusted for family size and other factors, and as determined annually by HUD.
The Developer must reexamine the income of each tenant household occupying the Special Units
on an annual basis. If the income of a tenant occupying any Special Unit did not exceed the
applicable income limit upon commencement of such tenant's occupancy of a Special Unit, the
income of such tenant shall be treated as continuing not to exceed the applicable income limit until
such tenant's income for a year shall exceed one hundred and forty percent (140%) of the area
median gross income for the Minneapolis-St. Paul Standard Metropolitan Statistical Area, as
adjusted for family size and other factors, and as determined by HUD, for the year. In the event
that the income of a tenant occupying the Special Unit exceeds such income limit, the Developer
will notify such tenant that the tenant must vacate the unit by the later of the date such tenant's
lease expires or six (6) months after the notice.
3
Lf
3.2 Rents. The gross rent charged by the Developer for each Special Unit
rented to a low-income person or family, as described in subsection 3.1, shall not exceed thirty
percent (30%) of the imputed income limitation applicable to such unit, as determined under Code
Section 42, less a utility allowance for utilities paid by tenants, as applicable, annually. The
maximum monthly gross rent for each type of unit comprising the Special Units initially shall be
set forth in Exhibit B.
3.3 Public Disclosure. The Developer will provide tenants of all Special Units
with written notice at least thirty (30) calendar days before implementing any rent increase.
3.4 Rent Roll. The Developer must submit annually for the Agency's review
the Developer's initial and subsequent annual rent roll for all Special Units in the Project.
Additionally, the Developer must provide the Agency with the following calculation for each of
the Special Units ("Actual Subsidy") the amount by which the market rate rent for comparable
units for such period exceeds the sum of ( a) the tax credit amount for such period from the State
of Minnesota attnbutable to the Project's 4d classification as defined in Minnesota Statutes
Section 273.126; and (b) the rent amount actually received by the Developer for such period. The
Developer will submit annually the rent roll, and the Agency will review the rent roll and will
approve any proposed rent roll, provided that such rents are not in excess of the rent limits
applicable for Code Section 42 as set forth in subsection 3.2. Any rent roll submitted by the
Developer will be considered approved unless disapproved by the Agency within thirty (30)
business days after submission. The Agency shall provide detailed written reasons if any rent roll
is disapproved. The Developer shall have sixty (60) days following receipt of any notice of
disapproval to cure any objections the Agency has made in its notice of disapproval and to submit
a revised rent roll to the Agency for review and approval as provided for in this Section. The
Developer's failure to obtain the Agency's approval of revised rent rolls during such sixty (60)
day cure period, unless such approval is unreasonably withheld by the Agency, shall constitute a
default by the Developer under this Agreement.
3.5 Refusal to Lease. The Developer may not refuse to lease any of the
4
~
Special Units in the Project to a prospective tenant on the basis ofthe prospective tenant's receipt
of, or eligibility for, housing assistance, social security, or other types of public or private
assistance.
3.6 Enforcement of Leases. The Developer shall emphasize voluntary
compliance by all tenants with their leases of the Special Units and shall have the right to secure
full compliance by tenants with the terms and conditions of their respective leases and may
terminate any tenancy when, in the Developer's sole judgment, sufficient cause occurs under the
terms and conditions ofthe tenant's lease of a Special Unit.
3.7 Maintenance and Repairs. The Developer shall cause the buildings,
appurtenances, equipment, and grounds of the Project to be maintained and repaired according to
local codes.
3.8 Utilities and Services. The Developer shall make arrangements for water,
electricity, gas, fuel oil, sewage and trash disposal, vermin extermination, decorating, laundry
facilities, telephone services, and such other utilities and services consistent with rental industry
standards for similar projects.
3.9 Insurance. The Developer shall obtain and cause to be placed in force all
forms of insurance as required by its lenders, including but not limited to comprehensive insurance
to cover all risks, including fire and extended coverage, in an amount equal to the full insurable
value ofthe Project, subject to reasonable co-insurance adjustments, if applicable.
3.10 Governmental Orders. Unless under formal appeal, protested in good faith
by the Developer in accordance with applicable law or regulation, the Developer shall take such
actions as may be necessary to comply promptly with any and all orders or requirements affecting
the Project which are placed upon the Project by any federal, state, county, or municipal authority
having jurisdiction over the Project.
3.11 Records and Reports. The Developer shall establish and maintain a
comprehensive system of records, books, and accounts with respect to the Special Units in a
manner reasonably satisfactory to the Agency. The Agency may inspect the same during regular
5 o
business hours upon reasonable notice thereof. The Developer shall submit the annual compliance
reporting required by the Minnesota Housing Finance Agency (the "MHFA") for the Low-Income
Housing Tax Credit Program for the Special Units.
4. Tennination of Agreement. This Agreement shall remain in full force and effect
unless and until terminated as provided below.
4.1 Tennination by Mutual Consent. To the extent allowed by law, this
Agreement may be terminated by mutual written consent of the Agency and the Developer,
provided that said termination must be approved by the lender(s) to the Project.
4.2 Termination by Right. The Developer shall have the unilateral right to
tenninate this Agreement at any time following the end of the Initial Term; provided, however, as
a condition precedent to such termination, the Developer shall tender to the Agency all TIF
payments which had been previously paid to the Developer by the Agency which comprise any
part of the two million, two hundred thousand and 00/100 dollars ($2,200,000.00) provided to
the Developer to be applied to land acquisition costs for the Project. In the event the Developer
fails to tender repayment of the TIF Payments as required by this provision, the Agency or its
assigns, in addition to all other remedies, may proceed immediately to foreclose its Mortgage on
the Project in accordance with the terms of the Mortgage.
4.3 Tennination by Agency for Cause.
a. If during the term of this Agreement, the Developer shall fail to
comply with the terms ofthis Agreement, the Agency may either;
1. Commence an action in Hennepin County District Court for
specific performance to compel the Developer to comply
with any term of this Agreement or
1. Provide notice of such default or failure and, if the
Developer fails to cure within sixty (60) calendar days or
such greater time as allowed by Agency, may terminate this
Agreement for cause upon thirty (30) calendar days' written
notice to the Developer. Termination of this Agreement for
cause shall subject the Developer to the remedies set forth
in this Agreement or otherwise.
6
I
b. Notwithstanding any provision to the contrary, and in addition to
any other remedy, the Developer, in the event that this Agreement
is terminated by the Agency for cause, and upon the receipt of a
written demand by the Agency therefor, shall tender immediately to
the Agency an amount equal to the value of the Tax Increment
Funds already provided to the Developer, less the total amount of
Actual Subsidy provided by the Developer for the period through
the date of termination.
4.4 Termination by Developer for Cause. In the event that during the term of
this Agreement, the Agency fails to provide annual Tax Increment Funds as provided for in
subsection 2.4 hereof within ten (ten) business days of receipt by the Agency of property tax
revenues from Hennepin County, and the Agency has received from Hennepin County sufficient
Tax Increment to make the required Tax Increment Fund payments, then Agency shall be in
intentional default of this Agreement. The Developer shall provide written notice of such default,
and, if the Agency fails to cure within thirty (30) calendar days or such greater time as allowed by
the Developer, the Developer may either:
a. Commence an action in Hennepin County District Court for specific
performance to compel the Agency to provide to the Developer all
Tax Increment generated by the TIF District, up to the amount of
the Annual Tax Increment Funds to be provided pursuant to
subsection 2.4 hereof, or
b. Terminate this Agreement for cause upon thirty (30) days' written
notice to the Agency. If this Agreement is terminated by the
Developer for cause due to Agency's intentional default, the
Developer shall not be obligated to repay the Agency any portion of
the Tax Increment Funds provided through the date of termination,
the Mortgage (as defined below) shall be released, and the Agency
shall take all necessary actions to memorialize the release of the
Mortgage (as defined below), including the execution of a
recordable release; provided, however, that all Tax Increment
Funds in the Developer's possession at the time of the termination
of the Agreement shall be applied by the Developer to reduce rents
for the Project, thus alleviating the hardship which would be caused
to tenants if the Project were immediately converted to market-rate
rents. The Agency and the Developer shall agree on the application
of said funds to reduce rents, and the Agency shall have the right to
7
<t
examine the Developer's records to ensure that the Tax Increment
Funds are being applied to reduce rents.
4.5 Termination Due to Causes Beyond Agency's Control. In the event that
during the term of this Agreement, the Agency fails to provide Tax Increment Funds in the
percentage determined pursuant to subsection 2.4 hereof within ten (10) business days of receipt
by the Agency of property tax revenues from Hennepin County because the Agency has not
received from Hennepin County sufficient Tax Increment to make the required Tax Increment
Fund Payments, then the Agency shall have been unable to perform under the terms of this
Agreement for reasons beyond its control. The Developer shall provide written notice of such
nonperformance, and the Agency shall have thirty (30) calendar days, or such greater time as
allowed by the Developer, in which to determine whether to replace the Tax Increment Funds
with payments to the Developer of other City or Agency funds. If the Agency elects not to replace
the Tax Increment Funds, the Developer may terminate this Agreement upon thirty (30) calendar
days' written notice to the Agency. Each time the Agency fails to make the required Tax
Increment Fund payments for reasons beyond its control shall constitute a separate event of
nonperformance under this subsection 4.5. Failure ofthe Developer to terminate this Agreement
due to such nonperformance shall not waive the Developer's right to terminate under this
subsection 4.5 with respect to any future nonperformance. If this Agreement is terminated by the
Developer due to nonperformance beyond the control of the Agency, all of the Developer's and
the Agency's obligations under this Agreement shall cease.
5. Reduction of Rents. In the event that the TIF financing described in subsection 2.4
is paid to the Developer in an amount equal to seventy-five percent (75%) of the annual Tax
Increment during the Initial Term, the Developer shall continue to provide that the Special Units
in the Project will be rented to individuals or families whose income does not exceed fifty percent
(50%) of the area median gross income for the Minneapolis-St. Paul Standard Metropolitan
Statistical Area. The Developer shall continue the Project's eligibility as descnbed in subsection
3.l for an additional term ("Additional Term"), commencing sixteen (16) years after the date
referred to in section one (1). The length of the Additional Term shall be calculated as of end of
the Initial Term as follows:
a. It will be assumed that all Tax Increment Funds paid by the Agency
hereunder shall be applied first to reimburse the Developer for the Actual
Subsidy provided by the Developer through the Initial Term.
b. To the extent the Tax Increment Funds paid by the Agency exceed the
Actual Subsidy provided by the Developer over the Initial Term, such
amounts shall be deducted from the Affordable Housing Portion of the
Total TIF Support and added to the Land Portion of the Total TIF
Support.
c. To the extent the Tax Increment Funds paid by the Agency are less than
the Actual Subsidy provided by the Developer under the Initial Term, such
amounts shall be added to the Affordable Housing Portion of the Total TIF
Support and deducted from the Land Portion ofthe Total TIF Support.
The Additional Term shall be the period of time necessary to fully amortize the remaining balance
ofthe Land Portion of the Total TIF Support after the adjustments provided for in subsections 5a,
5b, and 5c above assuming semi-annual reduction to such balance in amounts equal to the Actual
Subsidy provided by Developer during the Additional Term.
6. TIF Note. The obligations of the Developer under this Agreement to reimburse
the Agency shall be evidenced by a Tax Increment Note in the form of Exhibit C ("TIF Note")
and secured by a mortgage to be executed and delivered by the Developer to the Agency in the
form attached as Exhibit D (the ''Mortgage''). Should the Developer cease to continue the
Project's eligibility at any time during the Additional Term, the Developer shall be required to
repay to the Agency the amount of the unpaid balance of the Land Portion of the Total TIF
Support assuming the amortization during the Additional Term referred to in Section 5 hereof.
Neither Developer nor any member, partner, shareholder, employee, officer or agent of Developer
shall have any personal liability for the Developer's obligations under the TIF Note, it being
recognized by the Agency that the obligations of Developer under the TIF Note are nonrecourse
obligations and that the remedies of Agency are limited to the security provided by the Mortgage
securing the TIF Note. In addition to the provisions of Section 11 hereof that apply when
/~
mortgage financing for the Project is insured by the United States Department of Housing and
Urban Development ("HVD") , the City agrees that the Mortgage shall be subject, junior and
subordinate in all respects to all mortgage financing for the Project provided by a lender or lenders
whose loans are not insured by HUD and whose loans in the aggregate do not exceed the fair
market value of the Project (determined at the time such loan or loans are initially funded and
assuming completion of initial construction of the Project) less the face amount of the Note. The
priorities provided for in this section shall be applicable irrespective of the timing or order offiling
or perfection of the Mortgage and such other mortgage or mortgages. The City agrees to execute
such other and further documents as may be reasonably requested by such lender or lenders to
confirm and reflect the subordination provided for herein.
7. Assignments.
7.1 This Agreement shall inure to the benefit of and constitute a binding
obligation upon the Agency, the Developer, and their respective successors and assigns. Any
assignee, successor, buyer, lessee, or transferee of the Developer shall be subject to all of the
terms and conditions of this Agreement.
7.2 The Developer may sell, transfer, or assign its interest in the Project and
this Agreement to any buyer which expressly assumes all of the Developer's obligations under this
Agreement. No such sale, transfer, or assignment shall be effective until the Agency has received
written notice from Developer and has given its written approval; provided, however, that the
Agency shall be deemed to have approved said sale, transfer, or assignment if Agency does not
give written notice within thirty (30) calendar days of receiving notice thereof. The approval
required by this subsection 7.2 shall not be unreasonably withheld by the Agency. Any approved
assignment shall relieve Developer of further obligations hereunder.
7.3 Notwithstanding anything in this Section 7 to the contrary, the Developer
may transfer ownership of the Project without the Agency's approval at any time prior to
______ -', 2001, provided that (a) the Developer remains as the manager of the Project's
day-to-day operations; and (b) any such assignee expressly assumes Developer's obligations under
10
1/
this Agreement in writing. Upon such assignment and assumption, the Developer shall be relieved
of its obligations hereunder.
8. Financial Statements. Upon default by Developer under this Agreement (after
expiration of applicable notice and grace periods), the Developer will provide the Agency
unaudited financial statements of the Developer, including a statement of cash flow, setting forth
the financial condition of the Developer and the results of operation of the Project for any periods
preceding or following the date of such default.
9. Prohibition on Conversion. Neither the Developer nor any assignee or transferee of
the Developer shall convert the Special Units in the Project to condominium ownership during the
Initial Term or the Additional Term of this Agreement. This prohibition on conversion to
condominium ownership of the Special Units shall remain in effect notwithstanding the fact that
the Developer has assigned this Agreement to a third party.
10. Amendments. This Agreement constitutes the entire agreement ofthe Agency and
Developer, and no amendment or modification shall be valid and enforceable unless in writing,
executed, and approved by bother parties in the same manner as this Agreement.
11. Notices. Any notice required by this Agreement shall be sufficient if in writing and
delivered as follows:
To Agency:
To Developer:
The Housing and Redevelopment Authority
in and for the City of Eden Prairie
c/o City Clerk
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344-2230
SilverCrest Properties, LLC
3601 Park Center Boulevard, Ste. 210
St. Louis Park, MN 55416
Attn: Michael F. Gould
11
/;;J.-
With a copy to: Christoffel & Elliott, P.A.
1111 Piper Jaffray Plaza
444 Cedar Street
St. Paul, Minnesota 55101
Attn: James F. Christoffel
12. HOD Provisions. All of the provisions of this Agreement are subject to the
following restrictions that will be imposed and be in effect in the event the first mortgage loan on
the Project is insured by HOD.
12.1 So long as there is a mortgage federally insured by HOD on the Project or
there is a mortgage held directly by HUD on the Project, payments of interest and principal due
under the TIF Note shall be payable only from surplus cash (or residual receipts) of the Project, as
the term "surplus cash" (or "residual receipts") is defined, and in accordance with the conditions
prescribed, in the Regulatory Agreement dated as of ______ -', 1999 between HOD
and the Developer. The restriction on payment imposed by this paragraph shall not excuse any
default caused by the failure ofthe Borrower to pay the indebtedness evidenced by the TIF Note.
12.2 So long as there is a mortgage federally insured by HOD on the Project or
there is a mortgage held directly by HUD on the Project, the term of the TIF Note and the
Mortgage shall be extended if (i) the TIF Note matures, there is no surplus cash or residual
receipts available for the repayment of the TIF Note and the Mortgage has not been retired in full,
or (ii) HOD grants a deferment of the amortization, or a forbearance, of the mortgage note
executed by the Developer in favor of Glaser Financial Services, Inc. (the "Glaser Mortgage
Note") that results in an extended maturity of the first mortgage.
12.3 The TIF Note automatically will terminate and will be deemed satisfied if
HOD acquires title to the Project by a deed in lieu of foreclosure.
12.4 The Agency shall not foreclose on the Mortgage without the prior written
approval of HOD if there is a mortgage federally insured by HOD on the Project or there is a
mortgage held directly by HOD on the Project.
12.5 Nothing in this Agreement is intended to alter or to conflict with the terms,
12
/3
conditions, and provisions of the HUD regulations, handbooks, administrative requirements, and
lender notices in effect at the time of endorsement 0 the Glaser Mortgage Note or the documents
required to be executed by the Developer in connection with the endorsement of the Glaser
Mortgage Note, and, to the extent that they do so, the aforesaid regulations, handbooks,
administrative requirements, lender notices, and documents shall control, and this document shall
be amended so as not to alter or to conflict with the aforesaid regulations, handbooks,
administrative requirements, lender notices and documents. This provision shall tenninate and be
void upon termination of the HUD insurance of the Glaser Mortgage Note so long as HUD does
not directly hold a mortgage on the Project at such time.
12.6 So long as there is a mortgage federally insured by HUD on the Project or
there is a mortgage held directly by HUD on the Project, (i) this Agreement may not be amended
without the prior written consent of HUD and of Glaser or any successor holder of the first
mortgage on the Project, and (ii) it may not be sold, transferred, assigned, or pledged without the
prior written approval ofHUD.
12.7 Prepayments of the debt evidenced by the TIF Note and this Agreement
may be made only with the prior written consent of the HUD so long as there is a mortgage
federally insured by HUD on the Project or there is a mortgage held directly by HUD on the
Project, and any unauthorized prepayments shall be held in trust for the Project and, upon HUD's
request, shall be deposited with HUD or its designee.
13. Counterparts. This Agreement may be executed in counterparts, each of which will
be an original agreement, but all of which together will be one agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
13
1</
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
AGENCY:
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF EDEN PRAIRIE
By __________________________ __
Its Chainnan
By __________________________ __
Its Executive Director
DEVELOPER:
SIL VERCREST PROPERTIES, LLC
By: _____________________________ _
Its: ----------------------------
The foregoing instrument was acknowledged before me this day of
_____ -', by and , the
Chainnan and the Executive Director, respectively, of The Housing and Redevelopment Authority
in and for the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the
corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ d.ay of
14
,r
I~
____ -', by the of SilverCrest
Properties, LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
EdenSboresi Agreement.Drait.091499
15
J~
EXHIBIT A
Legal Description
16
17
Type of Unit
EXHIBITB
Initial Maximum Gross Rent for
Special Units by Type
Initial Maximum Rent
17
If
EXHIBITC
TIF REPAYMENT
PROMISSORY NOTE
Minneapolis, Minnesota
October -' 1999
FOR V ALUE RECEIVED, the undersigned (herein called the ''Borrower'') promises to pay to
the order of The Housing and Redevelopment Authority in and for the City of Eden Prairie, a
public body corporate and politic under the laws of the State of Minnesota (herein called the
''Lender''), or its assigns, in an amount equal to the reimbursable portion of the Tax Increment
Funds actually received by the Borrower pursuant to the terms of that certain Project
Management Agreement of even date herewith between Lender and Borrower ("Project
Management Agreement"), but in no event more than Two Million Two Hundred Thousand and
00/100 Dollars ($2,200,000.00) (the "TIF Repayment"). The Lender is providing the Tax
Increment Funds to the Borrower to enable the Borrower to acquire certain real property located
on Road within the City of Eden Prairie, Minnesota (herein
called the "Project").
Subject to the following sentence and except as provided below, the TIF Repayment shall only be
payable in the event the Borrower is obligated to pay such reimbursement following default under
or tennination of the Project Management Agreement. The Borrower will be obligated to make
semiannual payments only to the extent that the ratio of (x) Available Cash from the operation of
the Project for the semiannual period, as determined through fifteen (15) days prior to the
payment date to (y) the amount of cash required to pay the Borrower's debt service obligations
with respect to the first mortgage loan to Glaser Financial Group, Inc. for the semiannual period
exceeds 1.15: 1. The term "Available Cash" shall mean the amount by which the Borrower's cash
proceeds for the semiannual period from all sources other than capital contributions to the
Borrower or other capital transactions (which are transactions other than in the Borrower's
ordinary course of business) exceeds its cash expenditures for the semiannual period, including
amounts required to be contributed to reserve accounts, but not including the amount of the
Borrower's debt service obligations for the semiannual period.
So long as there is a mortgage federally insured by the United States Department of Housing and
Urban Development ("HUD") on the Project or there is a mortgage held directly by HUD on the
Project, payments of the TIF Repayment due under this Note shall be payable only from surplus
cash (or residual receipts) of the Project, as the term "surplus cash" (or "residual receipts") is
defined, and in accordance with the conditions prescribed, in the Regulatory Agreement dated as
of October -' 1999, between HUD and the Borrower. The restriction on payment imposed by
this paragraph shall not excuse any default caused by the failure of the Borrower to pay the
indebtedness evidenced by this Note.
So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage
18
/9'
held directly by HUD on the Project, the term of this Note shall be extended if (i) this Note
matures, there is no surplus cash or residual receipts available for its repayment, and the first
mortgage has not been retired in full, or (ii) HUD grants a deferment of the amortization, or a
forbearance, of the mortgage note executed by the Borrower in favor of Glaser Financial Group,
Inc. (the "Glaser Mortgage Note") that result in an extended maturity of the first mortgage. This
Note automatically will terminate and will be deemed satisfied if BUD acquires title to the Project
by a deed in lieu of foreclosure.
The Project Management Agreement refers to the rights of the Lender as to the acceleration of
the indebtedness evidenced by this Note but subject to the HUD restrictions set forth in this Note
and in the Project Management Agreement. The Project Management Agreement also refers to
events, the occurrence of which will result in the Borrower's no longer having an obligation to
pay the TIF Repayment or to pay a lesser amount.
Nothing in this Note is intended to alter or to conflict with the terms, conditions, and provisions
of the HUD regulations, handbooks, administrative requirements, and lender notices in effect at
the time of endorsement of the Glaser Mortgage Note, and, to the extent that they do so, the
aforesaid regulations, handbooks, administrative requirements, lender notices and documents shall
control, and this document shall be amended so as not to alter or to conflict with the aforesaid
regulations, handbooks, administrative requirements, lender notices, and documents. This
provision shall terminate and be void upon termination of the HUD insurance of the Glaser
Mortgage Note so long as HUD does not directly hold a mortgage on the Project at such time.
So long as there is a mortgage federally insured by HUD on the Project or there is a mortgage
held directly by HUD on the Project, (i) this Note may not be amended without the prior written
consent ofHUD and of Glaser Financial Group, Inc. or any successor holder of the first mortgage
on the Project, and (ii) it may not be sold, transferred, assigned, or pledged without the prior
written approval ofHUD.
The debt evidenced by this Note may be prepaid in whole or in part at any time prior to the final
maturity date of this Note. Prepayments may be made only with the prior written consent of the
HUD so long as there is a mortgage federally insured by HUD on the Project or there is a
mortgage held directly by HUD on the Project, and any unauthorized prepayments shall be held in
trust for the Project and, upon HUD's request, shall be deposited with HUD or its designee.
Demand, protest, and notice of demand and protest are hereby waived, and the undersigned
hereby waives, to the extent authorized by law, any and all homestead and other exemption rights
which otherwise would apply to the debt evidenced by this Note.
The Borrower promises to pay all costs of collection, including but not limited to reasonable
attorneys' fees, paid or incurred by the Lender on account of such collection. This Note shall be
governed and construed in accordance with the laws ofthe State of Minnesota.
Neither Borrower nor any member, partner, shareholder, employee, officer or agent of
Borrower shall have any personal1iability for the Borrower's obligations hereunder, it being
19
20
recognized by Lender that the obligations of Borrower hereunder are nonrecourse obligations and
that the remedies of Lender are limited to the security provided by the Mortgage securing this
Note.
All capitalized terms not otherwise defined herein shall have the meaning provided for
them in the Project Management Agreement.
IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of the day
and year first above written.
BORROWER:
SIL VERCREST PROPERTIES, LLC
By:. ______________________________ ___
Its: .------------------------------
20
2-1
EXHIBIT
(reserved for mortgage registry tax payment date) (reserved for recording date)
MORTGAGE REGISTRY TAX DUE HEREON:
THIS INDENTURE, Made this __ day of October, 1999, between-illverCrest Properties, LLC, a limited liability company under the
laws of Minnesota, Mortgagor (whether one or more), and Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota,
Mortgagee (whether one or more),
WITNESSETH, That the Mortgagor, in consideration of the sum of ___________ ~:_:_---_:_-_:_-_:_____::
________________ ($ ) DOLLARS, to Mortgagor in hand paid by Mortgagee, the receipt whereof is
hereby acknowledged, does hereby convey unto Mortgagee, forever, real property in Hennepin County, Minnesota, described as follows:
together with all hereditaments and appurtenances belonging thereto (the Property).
TO HAVE AND TO HOLD THE SAME, to Mortgagee forever. The Mortgagor covenants with Mortgagee as follows: That Mortgagor
is lawfully seized of the Property and has good right to convey the same; that the Property is free from all encumbrances, except as follows:
See Exhibit A attached hereto and made a part hereof
that Mortgagee shall quietly enjoy and possess the same; and that Mortgagor will Warrant and Defend the title to the same against all lawful claims
not provided hereinbefore specifically excepted.
PROVIDED, NEVERTHELESS, That if Mortgagor shall pay to Mortgagee the sum of ____ _
_ ---:-_--:-:--:--:-:--: __ -:--,--___ --:_-:-____ ($ ) DOLLARS, according to the terms of a promissory note of even
date herewith (the Note), the final payment being due and payable on October 1, 2039, with interest at the rate provided in the Note, and shall repay to
Mortgagee, at the times and with interest as specified, all sums advanced in protecting the lien of this Mortgage, in payment of taxes on the Property
and assessments payable therewith, insurance premiums covering buildings thereon, principal or interest on any prior liens, expenses and attorneys'
fees herein provided for and sums advanced for any other purpose authorized herein, and shall keep and perform all the covenants and agreements
herein contained, then this Mortgage shall be null and void, and shall be released at the Mortgagor's expense.
AND THE MORTGAGOR covenants with Mortgagee as follows:
1. to pay the principal sum of money and interest as specified in the Note;
2. to pay all taxes and assessments now due or that may hereafter become liens against the Property before penalty attaches thereto;
3. to keep all buildings, improvements and fixtures now or later located on or a part of the Property insured against loss by fire, extended
coverage perils, vandalism, malicious mischief and, if applicable, steam boiler explosion, for at least the amount of the balance of this
mortgage and any other mortgages encumbering the property from time to time, at all times while any amount remains unpaid under this
Mortgage. If any of the buildings, improvements or fixtures are located in a federally designated flood prone area, and if flood insurance is
available for that area, Mortgagor shall procure and maintain flood insurance in amounts reasonably satisfactory to Mortgagee. Each
insurance policy shall contain a loss payable clause in favor of Mortgagee affording all rights and privileges customarily provided under
the so-called standard mortgage clause. In the event of damage to the Property by fire or other casualty, Mortgagor shall promptly give
notice of such damage to Mortgagee and the insurance company. The insurance shall be issued by an insurance company or companies
licensed to do business in the State of Minnesota and acceptable to Mortgagee. The insurance policies shall provide for not less than ten
days written notice to Mortgagee before cancellation, non-renewal, termination or change in coverage, and Mortgagor shall deliver to
21
Mortgagee a duplicate original or certificate of such insurance policies.
4. to pay, when due both principal and interest of all prior liens or encumbrances, if any, and to keep the Property free and clear of all other
prior liens or encumbrances;
5. to commit or permit no waste on the Property and to keep it in good repair;
6. to complete forthwith any improvements which may hereafter be under course of construction on the Property; and
7. to pay any other expenses and attorney's fees incurred by Mortgagee by reason oflitigation with any third party for the protection of the
lien ofthis Mortgage.
In case of failure to pay said taxes and assessments, prior liens or encumbrances, expenses and attorneys' fees as above specified, or to
insure said buildings, improvements, and fixtures and deliver the policies as aforesaid, the Mortgagee may pay such taxes, assessments, prior liens,
expenses and attorney's fees and interest thereon, or obtain such insurance, and the sums to paid shall bear interest from the date of such payment at the
same rate set forth in the Note, and shall be impressed as an additional lien upon the Property and be immediately due and payable from Mortgagor to
Mortgagee and this Mortgage shall from date thereof secure the repayment of such advances with interest.
In case of default in any of the foregoing covenants, Mortgagor confers upon the Mortgagee the option of declaring the unpaid balance of
the Note and the interest accrued thereon, together with all sums advanced hereunder, immediately due and payable without notice, and hereby
authorized and empowers Mortgagee to foreclose this Mortgage by judicial proceedings or to sell the Property at public auction and convey the same
to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby, with
8interest and all legal costs and charges of such foreclosure and the maximum attorneys' fees permitted by law, which costs, charges and fees
Mortgagor agrees to pay.
The terms of this Mortgage shall run with the Property and bind the parties hereto and their successors in interest.
Neither Mortgagor nor any member, partner, employee, shareholder, officer or agent or Mortgagor shall have any personal liability for the
Mortgagor's obligations hereunder, it being recognized by Mortgagee that the obligations of Mortgagor hereunder are nomecourse obligations and that
the remedies of Mortgagee are limited to the security provided by this Mortgage.
See also the Addendum to Mortgage attached hereto and made a part hereof by this reference.
IN TESTIMONY WHREOF, Mortgagor has hereunto set its hand the day and year first above written.
MORTGAGOR
SilverCrest Properties, LLC
By:. ________________________________ __
Its:. __________________ __
STATE OF MINNESOTA
) SS.
COUNTY OF ____ _
The foregoing instrument was acknowledged before me this _ day of October, 1999, by , the
_________ of SilverCrest Properties, LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT DRAFTED BY:
F AlLURE TO RECORD OR FILE THIS MORTGAGE
MAY AFFECT PRIORITY OF THIS MORTGAGE
22
EXHIBIT A TO MORTGAGE
Mortgage dated as ofOctober __ , 1999, in the amount of$, ______ in favor of Glaser
Financial Group, Inc.
23
ADDENUM TO MORTAGE
Mortgagee: The Housing and Redevelopment Authority
in and for the City of Eden Prairie
Mortgagor: SilverCrest Properties, LLC
Section 1. Compliance with Legal and Insurance Requirements. Instruments. etc. Mortgagor (a)
shall not commit or permit waste or deterioration upon the Property, (b) shall cause the Property
and every part thereof, including but not limited to parking areas, improvements, and all ingress
and egress easements, if any, to be continually maintained, preserved, and kept in safe and good
repair, working order, and condition, (c) will comply with all Insurance Requirements and with
the requirements of Minnesota Statutes Section 504.18, Subdivision 1 and Section 504.20, as
now existing or as hereafter amended, if applicable, with the provisions of all local, state, and
federal statutes, ordinances, rules, and regulations relating to the disposal of environmentally
hazardous material, and with all private declarations, easements, covenants, and restrictions, if
any, affecting the title to the Property or any part thereof ("Private Restrictions"), (d) will not
commit, suffer, or permit any violation of Private Restrictions, and (e) from time to time will
make all necessary and proper restorations, rebuildings, repairs, renewals, replacements,
additions, and betterments to the Property, whether required as the result of casualty or
otherwise, and whether or not insurance proceeds or condemnation proceeds exist, are made
available, or are sufficient therefor, in a good and workmanlike manner, so that the value and
efficient use thereof shall be fully preserved and maintained, and so that Mortgagor complies with
the requirements of this Section 1. Mortgagor shall give Mortgagee written notice within three
(3) business days if it receives notice of any violation of any of the requirements of this Section 1
or if any damage or destruction occurs to the Property. Mortgagor shall not seek, petition for,
make, consent to, or acquiesce in any change in the requirements of this Section 1 relating to the
Property, including but not limited to zoning and building codes and ordinances, without
Mortgagee's prior written consent, which shall not be unreasonably withheld.
Section 2. Estoppel Certificate. Mortgagor agrees at any time and from time to time as
reasonably requested by the Mortgagee, upon not less than fifteen (15) days' prior written notice
by Mortgagee, to execute, acknowledge, and deliver, without charge, to Mortgagee or to any
person designated by Mortgagee, a statement in writing certifying that (a) this Mortgage is
unmodified (or if there have been modifications, identifying the same by the date thereof and
specifying the nature thereof), (b) the unpaid balance of the Note, (c) Mortgagor has not received
any notice of default or notice of acceleration or foreclosure of this Mortgage (or if Mortgagor
has received any notice, that it has been revoked, if such be the case ), (d) to the knowledge of
Mortgagor, no default then exists hereunder (or ifany such default does exist, specifying the same
and stating that the same has been cured, if such be the case), (e) Mortgagor has no claims or
offsets against Mortgagor (or if Mortgagor has any such claims, specifying the same), and (f) the
dates to which the interest and the other sums and charges payable by Mortgagor pursuant to the
Note have been paid.
Section 3. Waiver of Appraisement. Mortgagor hereby waives, to the full extent it may lawfully
do so, the benefit of all homestead, moratorium, mediation, marshaling, appraisement, valuation,
stay, execution, and extension laws now or hereafter in force.
Section 4. Indemnification by Mortgagor. Mortgagor will protect, indemnify, and save harmless
Mortgagee from and against all liabilities, obligations, claims, damages, penalties, causes of
action, reasonable costs, and expenses (including, without limitation, reasonable attorneys' fees
and expenses) imposed upon, incurred by, or asserted against Mortgagee by reason of (a)
ownership of the Property, or any interest therein, or receipt for any rent or other sum therefrom;
(b) any accident, injury to, or death of persons or loss of or damage to property occurring on or
about the Property or any part thereof or the adjoining sidewalks, curbs, vaults, and vault space, if
any, (c) any use, nonuse, or condition of the Property or any part thereof or the adjoining
sidewalks, curbs, vaults and vault space, if any, (d) any failure on the part of Mortgagor to
perform or to comply with any of the terms of this Mortgage, including, without limitation, the
provisions of Section I hereof, (e) performance of any labor or services or the furnishing of any
materials or other property in respect of the Property or any part hereof, (f) negligence or tortious
act on the part of Mortgagor or any of its agents, contractors, sublessees, licensees, or invitees, or
(g) exercise by Mortgagee of any remedy provided hereunder or at law or equity; provided,
however, that nothing herein shall be construed to obligate Mortgagor to protect, to indemnify,
and to save Mortgagee harmless from and against liabilities, obligations, claims, damages,
penalties, causes of action, reasonable costs, and expenses (including, without limitation,
reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against
Mortgagee solely by reason of the negligent or tortious acts on the part of Mortgagee or any of its
employees, agents, contractors, licensees, or invitees. Any amounts payable to Mortgagee under
this Section 4 which are not paid within ten (10) business days after written demand therefor by
Mortgagee shall bear interest at the rate set forth in the Note from the date of such demand and
shall be secured by this Mortgage. If any action, suit, or proceeding is brought against Mortgagee
by reason of any such occurrence, Mortgagor upon Mortgagee's request will at Mortgagor's
expense resist and defend such action, suit, or proceeding or will cause the same to be resisted
and defended by counsel for the insurer of the liability or by counsel designated by Mortgagor and
reasonably approved by Mortgagee. The indemnification of the Mortgagee by the Mortgagor
shall be continuing indemnification and shall remain in full force and effect notwithstanding the
expiration or termination of this Mortgage.
Section 5. Hazardous Material. Mortgagor (a) shall not store, locate, generate, produce,
process, treat, transport, incorporate, discharge, emit, release, deposit, or dispose of any
hazardous material in, upon, under, over, or from the Property except in strict compliance with all
applicable environmental regulations, (b) shall not permit any hazardous material to be stored,
located, generated, produced, processed, treated, transported, incorporated, discharged, emitted,
released, deposited, disposed of, or to escape therein, thereupon, thereunder, thereover or
therefrom except in strict compliance with all applicable environmental regulations, (c) shall cause
all hazardous material found thereon to be properly removed therefrom and properly disposed of
in accordance with all applicable environmental regulations, (d) shall not install or permit to be
installed any underground storage tank therein or thereunder, and (e) shall comply with all
environmental regulations which are applicable to the Property. At any time, and from time to
time, upon Mortgagee's reasonable request, Mortgagor shall have any environmental review,
audit, assessment, and/or report relating to the Property heretofore provided by Mortgagor to
Mortgagee updated, at Mortgagor's sole cost and expense, by an engineer or scientist acceptable
to Mortgagee, or shall have such a review, audit, assessment, and/or report prepared for
Mortgagee, if none has previously been so provided. Mortgagor shall indemnify Mortgagee, its
directors, officers, members, employees, agents, contractors, licensees, invitees, successors, and
assigns (hereinafter collectively referred to as the "Indemnified Parties") against, shall hold the
Indemnified Parties harmless from, and shall reimburse the Indemnified Parties for, any and all
claims, demands, judgments, penalties, liabilities, costs, damages, and expenses, directly or
indirectly incurred by the Indemnified Parties, including court costs and reasonable attorneys' fees
(prior to trial, at trial, and on appeal) in any action against or involving any of the Indemnified
Parties, resulting from any breach of the foregoing covenants, from the incorrectness or
untruthfulness of any warranty or representation set forth herein, or from the discovery of any
hazardous material in, upon, under, or over, or emanating from the Property, whether or not
Mortgagor is responsible therefor, it being the intent of Mortgagor and Mortgagee that the
Indemnified Parties shall have no liability or responsibility for damage or injury to human health,
the environment, or natural resources caused by, for abatement, and/or clean-up of, or otherwise
with respect to, hazardous material by virtue of the interest of Mortgagee in the Property created
thereby or as the result of Mortgagee exercising any of its rights or remedies with respect thereto
hereunder, including but not limited to becoming the owner thereofby foreclosure or conveyance
in lieu of foreclosure. The foregoing representations, warranties, and covenants of this Section 5
shall be deemed continuing covenants, representations, and warranties for the benefit of the
Indemnified Parties, including but not limited to any purchaser at a foreclosure sale, any transferee
of the title of Mortgagee, or any other purchaser at a foreclosure sale, and any subsequent owner
of the Property whose title derives from Mortgagee, and shall survive the satisfaction or release of
this Mortgage, any foreclosure of this Mortgage, and/or any acquisition of title to the Property or
any part thereof by Mortgagee, or anyone claiming by, through, or under Mortgagee, by deed in
lieu of foreclosure, or otherwise. Any amounts covered by the foregoing indemnification shall
bear interest from the date incurred at the rate set forth in the Note, shall be payable on demand,
and shall be secured hereby.
Section 6. Accessibility Covenants. Mortgagor shall comply with all accessibility regulations
which are applicable to the Property. At any time, and from time to time, if Mortgagee so
requests, Mortgagor shall have any accessibility regulations compliance report heretofore
provided by Mortgagor to Mortgagee updated and/or amplified, at Mortgagor's sole cost and
expense, by the person or entity which prepared the same, or shall have a report prepared for
Mortgagee, if none has previously been so provided. Mortgagor shall indemnify all Indemnified
Parties against, shall hold the Indemnified Parties harmless from, and shall reimburse the
Indemnified Parties for, any and all claims, demands, judgments, penalties, liabilities, costs,
damages, and expenses incurred by the Indemnified Parties, including court costs and reasonable
attorneys' fees (prior to trial, at trial, and on appeal), in any action, administrative proceeding, or
negotiation against or involving any of the Indemnified Parties, resulting from any breach of the
foregoing covenants, from the incorrectness or untruthfulness of the representation and warranty
set forth herein, or from a failure by Mortgagor to perform any of its obligations hereunder
relating to accessibility regulations, it being the intent of Mortgagor and Mortgagee that the
Indemnified Parties shall have no liability for any violation of accessibility regulations by virtue of
26
;J.;
the interest of Mortgagee in the Property created hereby or as a result of Mortgagee exercising
any of its remedies with respect thereto hereunder, including but not limited to becoming the
owner of the Property or any portion thereof by foreclosure or other sale or conveyance in lieu
thereof The foregoing covenants, representations, and warranties of this Mortgage and this
Section 6 shall be deemed continuing covenants, representations and warranties for the benefit of
the Indemnified Parties, including but not limited to any purchaser at a foreclosure or other sale,
any transferee of the title of Mortgagee, or any other purchaser at a foreclosure or other sale
hereunder, and any subsequent owner of the Property whose interest derives from Mortgagee,
and shall survive the satisfaction or release of this Mortgage, any foreclosure or other sale under
this Mortgage, and/or any acquisition of title to the Property or any part thereofby Mortgagee, or
anyone claiming by, through or under Mortgagee, by deed in lieu of foreclosure or other sale, or
otherwise. Any amounts covered by the foregoing indemnification shall bear interest from the
date paid at the rate set forth in the Note, shall be payable on demand, and shall be secured
hereby.
Section 7. HUD Provisions. Mortgagee shall not foreclose on this Mortgage without the prior
written approval of the United States Department of Housing and Urban Development ("HDD")
if there is a mortgage federally insured by HUD on the Property or there is a mortgage held
directly by HUD on the Property.
Nothing in this Mortgage is intended to alter or to conflict with the terms, conditions, and
provisions of the HUD regulations, handbooks, administrative requirements, and lender notices in
effect at the time of endorsement by Mortgagor of the note in favor of Glaser Financial Group,
Inc. (the "Glaser Mortgage Note") or the documents required to be executed by Mortgagor in
connection with the enforcement of the Glaser Mortgage Note; and to the extent that they do so,
the aforesaid regulations, handbooks, administrative requirements, lender notices, and documents
shall control and this document shall be amended so as not to alter or to conflict with the
aforesaid regulations, handbooks, administrative requirements, lender notices or documents. This
provision shall terminate and be void upon termination of the HUD insurance of the Glaser
Mortgage Note so long as HUD does not directly hold a mortgage on the Property at such time.
So long as HUD is the insurer or holder of a mortgage on the Property:
(a) This Mortgage may not be amended without the prior written consent ofHUD and of the
holder of the first mortgage; and
(b) This Mortgage may not be sold, transferred, assigned or pledged without the prior written
approvalofHUD;and
(c) This Mortgage will be extended if the Note matures, there is no surplus cash or residual
receipts (as defined in the Note) available for the repayment of the Note, and the first mortgage
has not been retired in full, or (ii) HUD grants a deferment of the amortization, or a forbearance,
ofthe Glaser Mortgage Note that results in an extended maturity of the first mortgage.
This Mortgage automatically will terminate and will be deemed released by Mortgagee if HUD
acquires title to the Property by a deed in lieu of foreclosure.
Section 8. The lien of this Mortgage shall be subject, junior and subordinate to other mortgages
of record on the Property to the extent and as required by the provisions of that certain Project
Management Agreement of even date herewith between Mortgagor and Mortgagee.
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
SIL VERCREST PROPERTIES, LLC
By: _______________ _
Its: ---------------
The foregoing instrwnent was acknowledged before me this day of
_____ -', 1999, by , the of
SilverCrest Properties, LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
CITY COUNCIL AGENDA
DATE: 10-19-99
SECTION: Public Hearing
SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.:
Finance Department
Contract for Auditing Services V.F. Donald R. Dram
Requested Action
Move to: Authorize professional services with Kern, DeWenter, Viere, Ltd. For
auditing services for 1999 to 2001.
Adopt resolution authorizing a tax rate increase for the 1999 tax levy, collectible in 2000.
Synopsis
Every three years, the City does an RFP for auditing services. This year, Kern,
DeWenter, Viere, Ltd. Submitted the lowest qualified bid totaling $74,750. This price
includes the City, Southwest Metro and the Firefighter's Relief Association. Over the
past three years, these entities have paid about $87,000 in audit fees. Our current auditor,
Eide Bailly submitted the next lowest qualified bid at $84, 600.
Background Information
Staf:fs recommendation to change auditors is based on:
1. Experience -Overall, Kern DeWenter audits about 60 municipalities, 30 relief
associations and the St. Cloud Metro Transit Commission. Of this total, eight cities
are comparable to the City of Eden Prairie. Kern proposes to have two staff members
on the audits that are members of the Special Review Committee. These staff
members are knowledgeable of any changes affecting the CAFR and will present
ideas on how other cities handle different situations or implementations.
2. Price -For the three years of the audit contract, the City will safe about $3,300 over
the next lowest bid. Savings for the Relief Association and Southwest Metro will be
an additional $6,000.
3. Quality -Kern's references (Apple Valley, Eagan, and Inver Grove Heights) have all
indicated a high degree of satisfaction with the qualify of work and follow-up. They
have stated that Kern is very knowledgeable in new pronouncements and in helping
the cities implement these changes. Also, staff has been available throughout the year
to answer any questions the cities may have and are prompt in responding to their
concerns.
Attachment
Audit Proposal
Letter from John Fox of Eide Bailly dated 10/13/99
1
Prepared by:
Date Prepared:
Contact Person:
PROPOSAL TO PROVIDE AUDIT SERVICES
FOR THE CITY OF
EDEN PRAIRIE, MINNESOTA,
SOUTHWEST METRO TRANSIT COMMISSION
AND
EDEN PRAIRIE FIRE FIGHTER RELIEF
ASSOCIATION
Kern, DeWenter, Viere, Ltd.
7600 Bass Lake Road, Suite 104
Minneapolis, MN 55428
220 Park Avenue South
P.O. Box 1304
St. Cloud, MN 56302
September 28, 1999
Jennifer Thienes
(612) 537-3011
CONTENTS
Letter of Transmittal.................................. ...................................................................... 1
Firm Background ............. :............................................................................................... 3
Qualifications of Our Firm......................... ...................................................................... 3
Our Service Team ............................................................................................................ 7
Our Audit Approach ........................................................................................................ 11
Fees .................................................................................................................................. 13
In Summary...................................................................................................................... 13
APPENDIX A
PROPOSER GUARANTEES AND WARRANTIES
APPENDIXB
SCHEDULE OF PROFESSIONAL FEES AND EXPENSES
APPENDIXC
SCHEDULE OF FIRM'S PROFESSIONALS, CITY CLIENTS AND EXPERIENCE
APPENDIXD
LIST OF CURRENT MUNICIP AL/TOWN AUDIT AND CONSULTING CLIENTS
.,~I Kern, DeWenter, Viere, Ltd . • ~~V' Certified Public Accountants
Tammy Wilson, Senior Accountant
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
September 28, 1999
We are pleased to submit this proposal for audit services to the City of Eden Prairie ("City"),
Southwest Metro Transit Commission ("SMTC") and Eden Prairie Fire Fighter Relief
Association ("Association") and appreciate your consideration. This proposal will serve to
explain the qualifications of our firm, the scope of the services we will provide and our
commitment to provide superior service on a timely basis.
We feel especially qualified to provide auditing services to the City, SMTC and Association
because of our extensive experience in providing auditing and consulting services to Minnesota
cities and other local governmental units. Our services would include, but not be limited to, the
following:
1. Performing an audit of the City, SMTC and Association in accordance with generally
accepted auditing standards, Government Auditing Standards, the Federal Single Audit
Act of 1996, Office of Management and Budget's OMB Circular A-J33 and other
Federal, State and local requirements, as applicable. _
2. Reviewing and documenting the internal control of the City, SMTC and Association.
3. Providing an opinion on the City's general purpose finanCial statements and an "in-
relation to" report on the combining and individual fund financial statements and
supporting schedules.
4. Providing separate reports required under Government Auditing Standards, the Single
Audit Act of 1996, and. the required reports on compliance with certain Minnesota
Statutes.
5. Providing assistance to City staff relating to the Government Finance Officers
Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting
Program. We will also review the City's CAFR to determine its eligibility.
6. Providing any necessary "comfort letters" and lor "consent and citation of expertise."
7. Meeting with city finance personnel and administration to review the financial statements
and a draft of our letter of recommendations for improving the financial operations of the
City.
8. Presenting the financial statements and management letter to the City Council in a timely
manner.
9. Being available during the year to provide a wide range of consulting services.
We will work with your staff to schedule specific interim and year-end field work dates to ensure
meeting your deadlines. We commit to perfonning the work within the time period as outlined
in your request for proposals. .
220 Park Avenue South, P.G. Box 7304
St. Cloud, MN 56302
320-257-7010 • Fax: 320-257 -7 784 t/-www.kdv.com
7600 Bass Lake Road, Suite 104
Minneapolis, MN 55428
672-537-3071 • Fax: 612-537-9682
The undersigned is a partner and is authorized to make representations for the firm. We
understand this proposal is a firm and irrevocable offer for the three year period.
We wish to thank you for the opportunity to submit this proposal. If you have any additional
questions about our firm or the services we provide, please contact me at 220 Park Ave. So., P.O.
Box 1304, St. Cloud, MN 56302 or call (612) 537-3011. We look forward to serving you.
Sincerely,
KERN, DEWENTER, VIERE, LTD.
~~~
Jennifer Thienes
Certified Public Accountant
2
FIRM BACKGROUND
Kern, DeWenter, Viere, Ltd., was founded in 1945 and has experienced steady growth over the
past 54 years. We presently employ a staff of approximately 70 professionals and para-
professionals in our Milmeapolis and St. Cloud offices. Our finn has always been, and will
continue to be guided by our goal to provide our clients with quality service. Our definition of
quality service includes:
• Timely service which exceeds your expectations;
• High quality financial advice, which provides adequate information and choices for
you to make sound, practical management decisions;
• Partners and staff who are always willing to listen to your concerns, questions and
input;
• Flexibility in responding to your changing needs.
We routinely send out client service questionnaires asking for feedback from our clients as to
how we are doing in meeting their needs and expectations. Th~ types of responses we have
received from these questionnaires demonstrate to us our success in serving the total needs of our
clients.
Our finn has been serving governmental organizations for the past 54 years. We are large
enough to give you the in-depth services you need, but small enough to provide you with
personalized service from our partners and staff. This can be of benefit to the City, SMTC and
Association as follows:
• We are a regional firm, which is easily accessible.
• Because of our experience serving governmental organizations we have allocated
our resources accordingly. The team we would assign to serve you would have
experience with both accounting and financial reporting issues affecting your city.
• Your audit team would consist of experienced governmental auditors. Your staff
would not need to "train" new auditors each year. As a regional firm, our staff
turnover is substantially less than that of larger firms.
Today we serve over 1200 commercial, industrial, financial, health care, governmental and non-
profit clients located primarily within Minnesota. This group includes over 150 governmental
organizations.
QUALIFICATIONS OF OUR FIRM
In recent years, we have concentrated our efforts in providing accounting, auditing and
conSUlting services to Minnesota cities. To provide this service, we have kept our professional
audit staff who work in specialized areas, such as cities, current on accounting and legislative
changes. This is achieved through fonnal training by sending our staff members to annual
seminars, workshops and profession sponsored classes on governmental accounting and
reporting requirements. Issues covered during this training include: GASB updates; Single Audit
compliance updates; TIF reporting and legislative updates; and other issues that qualify as
continuing education under Government Auditing Standards. We also provide considerable
infonnal training including monthly KDV meetings held to discuss relevant issues and to educate
our staff on new changes in the profession and specifically, the governmental arena. In addition,
several members of our finn have participated as speakers for seminars sponsored by the
Minnesota Government Finance Officers Association, Minnesota Association of School Business
Officials, MilIDesota Society of Certified Public Accountants and our own finn sponsored
workshops.
3
Our finn is a member of the American Institute of Certified Public Accountants and the
Minnesota Society of Certified Public Accountants. Individuals within the finn are actively
involved with the Governmental Accounting and Auditing Committee of the Minnesota Society
of Certified Public Accountants.
Our finn is a member of both the Private Companies and SEC Practice Sections of the AICP A
Division for CPA Finns. This Division was founded in 1977 by the AICP A to promote CPA
excellence and to provide a voluntary, objective means of monitoring adherence to professional
standards. Each member finn is required to periodically subject its audit and accounting practice
to a comprehensive quality review by specially trained outside CPA's. Our last such review was
in December of 1996, at which time we received a clean report on our practices and methods.
This peer review included an inspection of three governmental engagements. A copy of our peer
review report is enclosed. Our next peer review is scheduled to take place in November, 1999.
Five members of our finn are members of the special review committee of the Government
Finance Officers Association whose purpose is to review comprehensive annual financial reports
to detennine eligibility for the Certificate of Achievement for Excellence in Financial Reporting.
We recognize the City of Eden Prairie requires more than a routine audit from its independent
auditors. The Kern, De Wenter, Viere, Ltd. audit approach is cost effective, designed specifically
for Minnesota cities and responds to your specific situations, expectations and requirements. We
believe our extensive qualifications place us in a position to offer you some unique benefits:
• Our experienced governmental team will closely plan and coordinate our auditing
activities with city personnel to ensure we meet agreed upon deadlines. The City of Eden
Prairie will benefit from this approach by avoiding unnecessary disruptions and
eliminating duplication of work.
• We are truly a governmental firm. Our clients include cities, school districts, housing
and redevelopment authorities and numerous governmental joint powers agreements.
These governmental units account for such activities as electric utilities, water and sewer
utilities, golf courses, economic development authorities, tax increment financing
districts, and federal grant programs.
• We monitor the governmental industry and provide our clients timely infonnation on
legislative matters, summaries of regulatory rulings and updates on required GASB
implementations which will affect your financial statements.
• We prepare management letters that address operational as well as internal control
matters. These letters contain summaries of our findings and our recommendations. Our
professionals have the experience and training required to identify and analyze
operational problems. As a result, the City of Eden Prairie will receive findings and
recommendations that go far beyond nonnal internal control matters.
7 4
Our firm has been providing auditing and consulting services to cities since the 1960's; and we
presently work with 57 cities. The following is a summary of the number and types of
governmental entities to which we are providing service:
57 -Cities
45 -School Districts and Education Districts
15 -Housing and Redevelopment Authorities
16 -Special taxing districts, such as Metropolitan Transit Commissions,
Area Planning Organizations, Regional Library Systems, etc.
25 -Fire Relief Associations
6 -Townships
The majority of the entities discussed have been required to have an audit performed in
accordance with Government Auditing Standards and the Office of Management and Budget's
OMB Circular A-128/A-133. In addition, we also audit numerous nonprofit entities, which
receive a significant amount of federal money and are required to have an audit under the
requirements of the Single Audit Act of 1996.
The services we provide our governmental clients include but are not limited to:
• Auditing
• Assisting with budgeting
• Assisting in setting up and changing accounting systems, including computer installations
and conversions
• Assisting with negotiations with employee bargaining units
• Helping cities conform to the requirements of the Government Finance Officers
Association to receive their Certificate of Achievement for Excellence in Financial
Reporting
• Working with cities to assist with improving their bond ratings
• Providing consultation on a wide variety of issues, including tax increment districts and
economic development authorities
Our firm also performs numerous peer reviews of other accounting firms to determine their
compliance with generally accepting auditing standards, Government Auditing Standards, and
reporting in accordance with generally accepted accounting principles.
Several partners and staff in our firm are members of the following organizations:
• Minnesota Government Finance Officers Association and the Special Review Committee
of the National Government Finance Officers Association
• The Governmental Accounting and Auditing Committee of the Minnesota Society of
CPAs
• Minnesota Association of School Business Officials
• Accounting Guidelines Committee of the Minnesota Department of Children, Families
and Learning
In addition, we have subscriptions to all of the above organizations that publish information
affecting cities concerning financial reporting or compliance issues.
5
We recognize when we audit a governmental entity, we are required to be familiar with certain
rules, regulations and requirements and also, as a firm we are required to meet certain requirements.
In that regard, we make the following affirmations:
• Our finn meets the independence requirements relating to the City of Eden Prairie and all of
its component units, the Fire Relief Association and Southwest Metro Transit Commission
as defmed by generally accepted auditing standards and the U.S. General Accounting
Office's Government Auditing Standards.
• Our finn and all assigned key professional staff are properly licensed to practice in the State
of Minnesota.
• Our finn has never had a report rejected or classified as substandard by any state or federal
agency or by the Government Finance Officers Association. On an annual basis, we receive
results of desk reviews for our governmental and non-profit clients performed by state and
federal regulatory agencies. We have never had any of these reviews classified as
substandard or had requests to change our audit reports. Over the past fifteen years, we
have performed well over 1,000 audits that were required to meet the requirements of the
Single Audit Act of 1984 and 1996 and OMB Circular A-128 andA-133.
• We have not had any disciplinary action taken, and do not have any pending against our
firm with state regulatory bodies or professional organizations.
• We accept the professional obligation concerning the American Institute of Certified Public
Accountants "Interpretation 501-3 Failure to Follow Standards and/or Procedures or Other
Requirements in Governmental Audits."
• Our professional personnel have received adequate continuing education to be in
compliance with Government Auditing Standards.
• Our finn is an equal opportunity employer and does not discriminate in employment of
persons upon the basis of race, color, creed, national origin, sex, age or physical handicap,
and have an affirmative action plan in place.
Cities and other governmental organizations we serve have been strong supporters of our firm
because of the quality work we have performed. In this regard, I submit a list of our current
municipal audit and consulting clients, attached as Appendix D. Of these clients, we have listed
below those we believe are similar to your City.
Partner -City Contact Person TeleEhone # Hours
Loren Vi ere
City of Shakopee . Gregg Voxland (612) 496-9671 March -375
City of St. Cloud John Norman
Dave Hinnenkam12
(320) 605-3373 April-600
City of Eagan Gene VanOverbeke (612) 681-4600 March -500
City of Apple Valley George Ballenger (612) 953-2540 April-400
City of Inver Grove Heights Daniel Maiers (651) 450-2516 March -420
Jennifer Thienes
City of Hastings Lori Webster (651) 437-4127 March-400
City of Robbinsdale Corey Kampf (612) 531-1215 March -400
City of Coon Rapids Sharon Legg (612) 767-6433 MarchlApril-450
6
OUR SERVICE TEAM
We believe the key to establishing and maintaining an excellent professional relationship between
the City of Eden Prairie, SMTC and Association and our firm is the client service team. The team
we have assigned to serve you combines technical expertise and proven ability to work effectively
with our clients' personnel.
Our client service team includes individuals who have extensive governmental experience. This
commitment will assure that you will receive quality service backed by the full resources of our
firm. The following resumes describe the experience of the professional staff assigned to the
engagement.
/0 7
October 13, 1999
Honorable Jean Harris
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Jean,
~ ... »~
EideBaillYLLp
~
Consultants • Certified Public Accountants
Our firm has had the privilege of serving the City of Eden Prairie since 1978. Bill McCue and I were just
reminiscing about the significant changes that have occurred over the last twenty-one years within the City and
the related changes that have occurred with the staff of the City as well. Our firm has always taken great pride
in serving as auditors for the community we are located in. We were the first full service firm to establish its
practice in Eden Prairie. Bill and I completed the first audit when Roger Ulstad was City Manager and the City
Hall was located on Eden Prairie Road. As I said, it has been a privilege for us to serve the City all these years
and we were hopeful that we would continue in the future. I'm sure you are aware the staff made request for
proposals for the 1999 audit services for the City, Fire Relief Association and Southwest Metro Transit. As a
result ofthe bidding process it is our understanding that Mr. Uram is going to make the recommendation to
accept the low bid. Naturally, we were disappointed that was the sole criterion that Mr. Uram was going to use.
Apparently, we were next lowest bidder which is difficult to achieve because we know exactly how much time it
has taken to complete the work.
I am writing to appeal to you and to your good judgement and ask that you consider the overall cost of changing
firms at this time. We are proud of the services we have provided to the City for the last twenty-one years, and
hopefully the City council feels well served by not having had any financial surprises during our watch.
Certainly the staffing that has changed in the City has allowed us to improve our efficiencies in providing the
services to the City and as a consequence we have been able to continually reduce the overall cost to the City. It
is our understanding that the firm that submitted the low bid is from out of town, not even in the metro area.
Not only is our firm located here within Eden Prairie but employs approximately 55 people many of which are
residents of the City of Eden Prairie. Our firm has throughout it existence supported the City and its efforts and
have been active in civic organizations throughout the City.
Ifthe difference in our proposed fee structure was great I would not even bother writing this letter, but because
we put together a proposal that we thought was fair and another firm comes in and provides a marginally lower
bid it does not seem warranted to simply dismiss our organization simply because we were not the low bidder.
We feel that there will be significant inefficiencies placed on your staff related to changing firms. We ask that
you also consider those issues as well as the overall support that our firm offers to the City in providing timely
and efficient services.
If there is anything I can do to help convince you that Eide Bailly LLP is the right choice to continuing to serve
as the auditors for the City of Eden Prairie I would be happy to visit with you personally.
Very truly yours,
CC: Members of the City Council
11000 Prairie Lakes Drive • Suite 410 • Eden Prairie, Minnesota 55344-3800 • 612.944.6166 • Fax 612.944.8496
Offices in Arizona, Iowa, Minnesota, Montana, North Dakota and South Dakota -Equal Opportunity Employer
I \
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar October 17, 1999
SERVICE AREAlDIVISION:
ITEM NO.:
ITEM DESCRIPTION:
Eden Prairie Eagle Marching Band Week V.G. Administration Proclamation
Requested Action
Move to: Proclaim October 25-29, 1999 as Eden Prairie Eagle Marching Band
Week.
Synopsis
This proclamation is given in honor of the efforts and contributions of the Eden Prairie
Eagle Marching Band to the Eden Prairie High School and to the community.
Background Information
The Eden Prairie High School Eagle Marching Band has over 200 students involved and
represents the High School in the community, as well as across the region, state and
nation.
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, The Eden Prairie Eagle Marching Band embodies "Eagle Spirit",
school spirit, and school pride through its many performances during the marching
band season,
WHEREAS, there are over 200 students involved in the Eagle Marching Band, one
of the largest student activities in the school,
WHEREAS, the Eden Prairie Eagle Marching band provides support and esprit-de-
corps for Eden Prairie athletic activities, the school body and the school at large,
WHEREAS, the Eden Prairie Eagle Marching Band represents Eden Prairie High
School in the community as well as across the region, state, and nation,
WHEREAS, students in the marching band put in countless hours refining the
music, the show and all other elements of their performance,
WHEREAS, a cadre of extremely supportive parents play an active role in the
activities and success of the marching band,
NOW, THEREFORE, I Jean Harris, as Mayor and on behalf of the City Council,
do hereby proclaim October 25-29, 1999 to be
EDEN PRAIRIE EAGLE MARCHING BAND WEEK
Hereby proclaimed this 19th day of October, 1999.
Jean L. Harris, Mayor
CITY COUNCIL AGENDA
SECTION: Public Hearings
SERVICE AREAfDIVISION:
Community Development
Donald R. Uram
Michael D. Franzen
Requested Action
Move to:
ITEM DESCRIPTION:
Brown Addition
• Close the Public Hearing; and
DATE: 10/19199
ITEM NO.:
• Adopt the Resolution for Comprehensive Guide Plan Amendment for the MUSA Line
expansion of 1.65 acres; and
• Adopt the Resolution for PUD Concept Review on 23.87 acres; and
• Approve 1st Reading of the Ordinance for PUD District Review with waivers on 8.59 acres,
Zoning District change from Rural to Rl-13.5 on 4.09 acres, and Zoning District
Amendment with the Rl-13.5 Zoning District on 1.02 acres and the Rl-9.5 Zoning District
on .82 acres; and
• Adopt the Resolution for Preliminary Plat on 23.87 acres into 13 lots and 2 outlots; and
• Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations (and Council conditions).
Synopsis
This project is for a 13 lot single family development. The PUD concept shows future
development of Lot 13 into 4 single family lots and I outlot. It is located east of Overland Trail
at 9950 Dell Road.
Background Information
The project requires waivers for lot size, front yard setbacks, and bluff setbacks to maximize
protection of the bluff and Indian mounds.
Reasons to consider the waivers are as follows:
1. The overall density of 1.5 units per acre is less than the guide plan density of 2.5 units per acre.
2. The smaller lots are part of a density transfer. The City benefits from the dedication of
Outlot B as natural open space and bluff protection.
3. The average lot size is greater than the minimum 13,500 square foot lot size requirement.
All rear yard drainage will be routed to the storm sewer system.
A MUSA Line Amendment is necessary to add 1.65 acres into the MUSA for the future
development of Lot 13.
/
At the September 13, 1999, Planning Commission meeting the Planning Commission voted 4-0
to recommend approval of the project to the City Council.
The Parks Commission voted 4-0 to recommend approval of the project with the addition of a 5
foot wide concrete sidewalk along the private street extending to the east property line or an
acceptable alternative access to the neighborhood park. The proposed alternative would go from
Settler's Ridge development over Riley Creek making its connection to Crestwood Terrace
through Welter's property. The Developer is asking for approval of both options with the final
conclusion to be made prior to second reading.
Attachments
1. Resolution for Comprehensive Guide Plan expansion of the MUSA Line
2. Resolution for PUD Concept Review
3. Resolution for Preliminary Plat
4. Staff Report dated September 10, 1999
5. Planning Commission Minutes dated September 13, 1999
6. Correspondence
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99-
BROWN ADDITION
RESOLUTION APPROVING THE PRELIMINARY PLAT
FOR BROWN ADDITION BY PEMTOM LAND COMPANY
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Brown Addition, dated October 8, 1999, consisting of 23.87 acres into
13 lots and two outlots, a copy of which is on file at the City Hall, is found to be in conformance
with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and
is herein approved.
ADOPTED by the Eden Prairie City Council on the 19th day of October, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99-
BROWN ADDITION
A RESOLUTION APPROVING THE PLANNED UNIT
DEVELOPMENT CONCEPT OF BROWN ADDITION
FOR PEMTOM LAND COMPANY
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development (PUD) Concept of certain areas located within the City; and,
WHEREAS, the City Planning Commission did conduct a public hearing on the Brown
Addition PUD Concept by Pemtom Land Company and considered their request for approval for
development (and waivers) and recommended approval of the requests to the City Council; and,
WHEREAS, the City Council did consider the request on October 19, 1999;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Brown Addition, being in Hennepin County, Minnesota, legally described as outlined
in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
dated October 8, 1999.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated September 13, 1999.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of October, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
Exhibit A
Brown Addition
Legal Description:
The east half of the west half of the southeast quarter of Section 30, Township 116, Range 22,
Hennepin County, Minnesota, lying northerly of the northerly right of way line of State Highway No.
169 and 212, and lying southerly of Riley Creek.
Together With:
Lots 5 and 6, Block 2 and Lots 1 and 2, Block 3, Settlers Ridge 3rd Addition, according to the
recorded plat thereof and situated in Hennepin County, Minnesota.
Together With:
That part of Overland Trail as dedicated on Settlers Ridge 3rd Addition, according to the recorded
plat thereof and situated in Hennepin County, Minnesota lying southeasterly and easterly of the
northeasterly extension of the northwesterly line of Lot 5, Block 2, Block 3, said Settlers Ridge 3rd
Addition, to the southwesterly line of Lot 2, Block 3, said Settlers Ridge 3rd Addition.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99-
A RESOLUTION AMENDING THE
COMPREHENSIVE GUIDE PLAN
FOR EXPANSION OF THE MUSA LINE
BROWN ADDITION
WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive
Municipal Plan ("Plan"); and,
WHEREAS, the Plan has been submitted to the Metropolitan Council for review and
comment; and
WHEREAS, the expansion of the MUSA line requires the amendment of the Plan;
NOW, THEREFORE, BE IT RESOLVED that the City council of the City of Eden
Prairie, Minnesota, hereby adopts the amendment of the Plan for 1.65 acre MUSA Line
expansion located at 9950 Dell Road, north of Flying Cloud Drive.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of October,
1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
OWNER:
LOCATION:
REQUEST:
Planning Commission
Michael D. Franzen, City Planner
September 10, 1999
Brown Addition
Pemtom Land Company
Dr. Steven Brown
South of Pioneer Trail, west of Riley Creek
1. MUSA Line Addition on 1.65 acres
2.. Planned Unit Development Concept Review on 23.87
3. Planned Unit Development District Review on 8.59 acres
4. Rezoning from Rural to Rl-13.5 on 4.09 acres
5. Zoning District Amendment within the Rl-13.5 zoning district on
1.02 acres and the Rl-9.5 zoning district on .82 acres
6. Preliminary Plat on 23.87 acres into 13 lots and 2 outlots
..
'" ~-..
••• ~ •••••• Joo
.. _ .. ~-..
(.,
Z635.!IS RfS ®
.....
(2)
( 10)
, \
~_"::'F-II . V iI "-,I -H~G I CL Q.Ug --+..;.joI-~ -0.8 -,
----1 ------
\ ,
;' . ..,. .,.
~.
'flo--. --....
I
I
"',------'
/,
(9i
II. --
S:
~---
Staff Report -Brown An, .Jon
September 10, 1999
BACKGROUND
The site and adjacent land is currently guided low density residential and open space.
Most of the site is rura1. Two existing lots are zoned Rl-9.5. Two existing lots are zoned
Rl-13.5. The project adjacent to the west is Settler's Ridge.
MUSA LINE AMENDMENT
The proponent is requesting a 1.65 acre amendment to the MUSA Line. The addition of
this acreage will not have an impact on the City for the following reasons.
• A density of 2.5 units per acre is used for overall City planning for population,
traffic, sewer, and water. There are currently 6.23 acres of this project within the
MUSA, which could allow a maximum of 16 units. This project has 12 units with the
existing and proposed MUSA expansion area of 1.65 acres.
• The current location of the MUSA Line was also established for the purposes of
protecting the bluff facing Highway 212. The proposed new location of the MUSA,
conservation easements, and land dedication/gifting of the most fragile natural areas
ensures future bluff protection.
PLANNED UNIT DEVELOPMENT CONCEPT
The concept plan shows the subdivision of 23.67 acres into 16 lots at a gross density of
1.5 units per acre. The concept plan is proposed for development in two phases. Phase I
will have 12 lots with land dedicated along Riley Creek. Phase II development will be
future development of proposed lot 13 into 4 additional lots and a 7 acre outlot on the
steep slopes along Highway 212) to be dedicated to the City.
The concept plan has waivers for lot size, front yard setbacks, and bluff setbacks.
Reasons to consider the waivers are as follows:
1. The overall density of 1.5 units per acre is less than the guide plan density
of 2.5 units per acre.
2. The smaller lots are part of a density transfer. The City benefits from the
dedication of Outlot B as natural open space and bluff protection.
3. The average lot size is greater than the minimum 13,500 square foot lot
size requirement.
The need for these waivers is also for the protection of steep slopes and Indian burial
mounds. A conservation easement will be placed on the bluff impact zone area, burial
mounds, and 10' buffer surrounding these mounds. No grading or development will be
allowed in these areas.
Staff Report -Brown Ah __ .. ion
September 10, 1999
SHORELAND ORDINANCE
The shoreland ordinance lot size requirements does not apply since none of the lots are
within 150 feet of Riley Creek. Outlot B will be owned by the City.
TRAIL
The Park and Recreation Service Area recommend a trail connection from Overland Trail
to Dell Road along the private road. This will be discussed at the Parks Commission
meeting.
HISTORIC AND CULTURAL RESOURCES
The archaeological survey indicates burial mounds on the property, which impacts Lots
8-10. Mound buffers are required and shown on the plans. The mound and buffers will
be placed in a conservation easement with a 10 foot buffer as required by Mark Dudzik
with the Office of State Archaeology. Mr. Dudzik is also in the process of reviewing
previous habitation site reports from the adjacent Settler's Ridge project to determine if
additional habitation site testing is required. This testing involves documentation of any
artifacts prior to development of the property.
GRADING AND TREE LOSS
The tree masses adjacent to Riley Creek and extending down the bluff towards Highway
212 will be protected through land dedication or conservation easements. Tree loss is
calculated at 17% or 147 diameter inches. This compares to the average tree loss of 30%
for residential projects. The tree replacement required is 126 caliper inches.
A majority of the site will have custom grading to offer different building pads that
accommodate unique lots. Lots 8-10 will need to be graded at the same time the road is
constructed due to their proximity to the proposed conservation easement area (includes
burial mounds and their buffers). This will allow the City to better monitor the protection
of this area by having to deal with a single grading contractor as opposed to many
individuals.
EROSION CONTROL AND DRAINAGE
Sheet 6 shows a preliminary active erosion control plan showing how active erosion areas
can be stabilized. Rear yard drainage associated with roof runoff is directed through
gutter collection and routed to draintile connected to the storm sewer system in the
private drive. An additional notation should be made on the utility plan for Lots 3-10 that
only semi-permeable and permeable materials is required of homeowners when
constructing decks, patios, etc. Both these issues should be noted on the plans and
recorded with the individual covenants for the land.
Staff Report -Brown Ab ... don
September 10,1999
UTILITIES
The City required the Settler's Ridge project extend sanitary sewer and water to through
this project over to Dell Road at the time when the Brown property developed. Since this
project will be fully developed through two phases, this extension will be made with the
application of Phase II.
STAFF RECOMMENDATIONS
The staff would recommend approval of the MUSA Line Amendment on 1.65 acres,
Planned Unit Development Concept Review on 23.87 acres, Planned Unit Development
District Review on 8.59 acres, Zoning District Change from Rural to Rl--13.5 on 4.09
acres, Zoning District Amendment within the RI-13.5 zoning district on 1.02 acres and
within the RI-9.5 zoning district on .82 acres and Preliminary Plat on 23.87 acres into 13
lots and 2 outlots, based on plans and staffreport dated September 10, 1999, and subject
to the following conditions:
1. Prior to City Council review, the proponent shall:
A. Add a notation to the utility plan indicating the use of gutters to route rear
drainage to the storm water sewer system for Lots 3-10.
B. Add a notation to the utility plan indicating the use of semi-permeable or
permeable materials and covenants to deeds for the construction of patios,
decks, etc. in the rear yard.
C. Add a notation to the grading plan indicating that at the time of grading for
the private road, Lots 8-10 will also be graded.
D. Obtain resolution from the Parks Commission in regards to trail
construction.
2. Prior to final plat approva~ 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.
3. Prior to Building Permit issuance, the proponent shall:
A. Pay the appropriate cash park fee.
B. Meet with the Fire Marshal to go over fire code requirements.
C. Submit a landscaping and screening bond for review.
4. Prior to grading, the proponent shall notify the City Engineer,Watershed District,
and City Forester.
5. The following waivers from the City code are granted as part of the Planned Unit
Development District review in the RI-13.5 Zoning District:
Staff Report -Brown Ala .. Jtion
September 10, 1999
• Front Yard Setback from 30 feet to 25 feet for Lots 2-11
• Lot Size from a minimum of 13,500 sq. ft. to 11,083 sq. ft. on Lot 4 and
12,896 sq. ft. on Lot 5
• Bluff Setback from 30 feet to 20 feet for Lots 2-11
PLANNING COMMISSION MINUTES
SEPTEMBER 13, 1999
PAGE 4
C. BROWN ADDITION by Pemtom Land Company. Request for Planned Unit
Development Concept Review on 23.87 acres, Planned Unit Development District
Review with waivers 8.59 acres, Rezoning from Rural to RI-13. 5 on 4.09 acres,
Zoning District Amendment within the RI-13.5 Zoning District on 1.02 acres and
the R1-9.5 Zoning District on .82 acres, Preliminary Plat on 23.87 acres into 13 lots
and two outlots, and Musa Line addition of 1.65 acres. Location: East of Overland
Trail and Frontier Place; north of Flying Cloud.
Dan Herbst, representing Pemtom Land Company, explained that they had been
before the Planning Commission approximately one and a half years ago with the
Settler's Ridge project and they are now nearing completion of the first phase of that
project. Herbst explained that while developing the Settler's Ridge project they
became friends with the Brown's who own the site to the east of Settler's Ridge.
This site has been heavily plowed out and fanned. Dr. Brown has been very careful
to not disturb the existing mounds. Herbst indicated that the Brown site is
approximately 20 to 21 acres that abuts the eastern end of Settler's Ridge.
Dr. Brown does reside on the site and the property they are discussing resides on a
bluff. Herbst further explained that the Brown homestead is an older home with a
detached garage. The proposed project would be done in two phases with the
Brown homestead included in the second phase, which may result in the Brown
home being demolished. Dr. Brown would like to build on the ravine side of the
property. The second phase would also restore ponds and deed property to the City.
Herbst explained that the first phase of this development would have 12 lots with
land dedicated along Riley Creek. Phase II development will be future development
of proposed Lot 13 into four additional lots and a seven-acre outlot on the steep
slopes along Highway 212 to be dedicated to the City. Herbst indicated that there
would be very little impact on the site during the development. The developer is
proposing to preserve as many trees as possible. Tree loss is calculated at 17% or
147 diameter inches. A majority of the site will have custom grading to offer
different building pads that accommodate unique lots. The evergreen trees will be
moved to the front of the site and the road will be private and maintained by the
homeowners. Herbst explained that the benefits to the plan are significant and would
include preserving all of the existing mounds, preserving the bluff and preservation
of most ofthe trees. Phase I would result in 2.66 acres being deeded to the City and
Phase II would result in 7.01 acres being deeded to the City. There is also the
potential of restoration of the trout ponds.
Foote asked if these houses would be similar to those constructed in Settler's Ridge.
Herbst responded that there was more fleXlbility in Settler's Ridge because of the
lack of trees. This site will include custom designed homes for the particular lot and
the easements have been designed around the mounds.
PLANNING COMMISSION MINUTES
SEPTEMBER 13, 1999
PAGE 5
Franzen presented the staff report stating that staff does recommend approval of this
request.
Alexander said she appreciates the way this item was presented to the Commission
and feels it is a very good development. Clinton said he too appreciates the plan and
the passion Mr. Herbst has for the development of this site. Clinton said he is very
comfortable with this proposal and will support it.
Habicht said he also felt it was a good presentation and feels the plan is well laid out.
Habicht asked staff to explain the erosion control and drainage recommendations.
Franzen explained that in most cases development along the bluff allows room for a
swale. Because of the burial mounds on this site, there is not enough room to grade
out a swale and the storm sewer system without disturbing these mounds. Franzen
said that basically they take the rainwater from the gutters and run it through a
drainpipe to the street. Also, because of the limited amount of hard surface in the
back yard, they will use brick or patio stone rather than concrete. This will eliminate
the water from running down the hill.
Foote said he feels this is a very nice project and he appreciates Dr. Brown's
preservation of this site.
MOTION: Alexander moved, seconded by Clinton, to recommend to the City
Council approval of the request ofPemtom Land Company for Planned Unit
Development Concept Review on 23.87 acres, Planned Unit Development District
Review with waivers on 8.59 acres, Zoning District change from Rural to RI-13.5
on 4.09 acres, Zoning District Amendment within the Rl-13.5 Zoning District on
1.02 acres, Zoning District Amendment within the Rl-9.5 Zoning District on .82
acres, Preliminary Plat on 23.87 acres into 13 lots and two outlots and Musa Line
addition of 1.65 acres, based on plans dated September 10, 1999 and subject to the
following conditions:
1) Prior to City Council review, the proponent shall:
(A) Add a notation to the utility plan indicating the use of gutters to route
rear drainage to the storm water sewer system for Lots 3-10.
(B) Add a notation to the utility plan indicating the use of semi-permeable or
permeable materials and covenants to deeds for the construction of
patios, decks, etc. in the rear yard.
(C) Add a notation to the grading plan indicating that at the time of grading
for the private road, Lots 8-10 will also be graded.
(D) Obtain resolution from the Parks Commission in regards to trail
construction.
(2) Prior to final plat approval, the proponent shall:
(A) Submit detailed storm water runoff, utility and erosion control plans for
review by the Watershed District.
PLANNING COMMISSION MINUTES
SEPTEMBER 13, 1999
PAGE 6
(B) Submit detailed storm water runoff, utility and erosion control plans for
review by the City Engineer.
(3) Prior to Building Permit issuance, the proponent shall:
(A) Pay the appropriate cash park fee.
(B) Meet with the Fire Marshal to go over fire code requirements.
(C) Submit a land,scaping and screening bond for review.
(4) Prior to grading, the proponent shall notify the City Engineer, Watershed
District, and City Forester.
• The following waivers from the City Code are granted as part of the
Planned Unit Development District review in the RI-13.5 Zoning District:
Front yard setback from 30 feet to 25 feet for Lots 2-11
• Lot size from a minimum of 13,500 square feet to 11,093 square feet on
Lot 4 and 12,896 square feet on Lot 5
• Bluff setback from 30 feet to 20 feet for Lots 2-11
Motion carried 4-0.
/{'
Memorandum
To: Mike Franzen, City Planner
Scott Kipp, Senior Planner
Krista Flemming, Planner I
From: Stuart A. Fox, Manager of Parks and Natural Resources
Date: September 21, 1999
Subject: Summary of September 20, 1999 Park Commission Meeting
The following project was reviewed at the Parks, Recreation, and Natural Resources
Commission on September 20, 1999. The vote and comments are as follows:
• Brown Addition
Approved on a 4-0 vote. The project was approved as detailed in the two staff reports.
SidewalklTrail Issue-
A 5 foot concrete sidewalk should be built at the back of curb along the private
street (24 foot wide) to the east property line (includes the easterly private
driveways).
The staff is open to an alternative sidewalk alignment for the stairway and creek
crossing location. The developer should submit any plans to the staff prior to City
Council review/approval of the project.
Sept 20 prnrsummary/sfox
CITY COUNCIL AGENDA
SECTION: Public Hearings
SERVICE AREAlDIVISION:
Community Development
Donald R. Uram
Michael D. Franzen
Requested Action
Move to:
ITEM DESCRIPTION:
Research Second Addition
• Close the Public Hearing; and
• Adopt the Resolution for PUD Concept Amendment on 13.13 acres; and
DATE: 10/19/99
ITEM NO.:
JlL.6
• Approve 1 st Reading of the Ordinance for Planned Unit Development District Review
within the 1-5 Zoning District with waivers on 13.13 acres; and
• Adopt the Resolution for Preliminary Plat on 13.13 acres into 2 lots; and
• Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations (and Council conditions).
Synopsis
This is a preliminary lot into two lots, located at 6400 block of Flying Cloud Drive. A waiver for
lot size less than 5 acres is required for lot 2 of 4.80 acres to avoid a lot line going through an
existing wetland as recommended by the Engineering Division.
Background Information
This item was continued at the October 5, 1999 City Council meeting to allow the PUD District
Review to occur at the same time as the PUD Concept Amendment and Preliminary Plat actions.
At the September 13, 1999, Planning Commission meeting the Planning Commission voted 4-0
to recommend approval of the project to the City Council.
Attachments
1. Resolution for PUD Concept Amendment
2. Resolution for Preliminary Plat
3. Staff Report dated September 10, 1999
4. Planning Commission Minutes dated September 13, 1999
RESEARCH SECOND ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT AMENDMENT OF RESEARCH SECOND ADDITION
FOR STARKEY LABORATORIES
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 Research Second
Addition PUD Concept Amendment by Starkey Laboratories 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 October 19, 1999;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1999.
1. Research Second Addition, being in Hennepin County, Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept Amendment approval as outlined
in the plans dated September 10, 1999.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated September 13, 1999.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of October,
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
Exhibit A
Research Second Addition
Legal Description:
Lot 2, Block 1, Research Addition, Hennepin County, Minnesota
RESEARCH SECOND ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF RESEARCH SECOND ADDITION
FOR STARKEY LABORATORIES
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Research Second Addition, dated September 10, 1999, consisting of
13.13 acres into two lots, a copy of which is on file at the City Hall, is found to be in conformance
with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and
is herein approved.
ADOPTED by the Eden Prairie City Council on the 19th day of October, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
APPLICANT:
OWNER:
LOCATION:
REQUEST: 1.
Planning Commission
Mike Franzen, Planner
Steve Durham, Zoning Administrator
September 10, 1999
Research Second Addition
RLK Kuusisto
Starkey Laboratories Inc.
6400 block of Flying Cloud Drive
Planned Unit Development Concept Amendment with waivers on
13.13 acres
2. Preliminary Plat on 13.13 acres into 2 lots
~,~~/
/"". '. ,'.~ , ~
T,-~--'""",,,":':"""-
-----
(34)
i-" ....
Staff Report -Research Second Addition
BACKGROUND
This site is part of a 26.2 acre parcel ofland originally owned by Research Inc .. In 1996, the City
approved a subdivision of the land into two lots. Starkey Labs purchased existing Lot 2 (13.13
acres).
RE-PLAT
Starkey Labs is requesting a subdivision of existing Lot 2 into two lots. Proposed Lot 2 will be
retained by Starkey Lab for employee parking. Proposed Lot 1 will be put on the market and
sold.
Proposed Lot 1 is 8.40 acres and meets the minimum lot size requirement of 5 acres. Proposed
Lot 2 is 4.61 acres and requires a lot size waiver.
The lot size waiver is created by the location of an existing wetland on the southern portion of
the site. The subdivision could have a lot line running through the middle of the wetland and no
lot size waiver would be required. However, having the wetland on one lot is better for
protection of the wetland through conservation easements and wetland buffers when the site is
developed in the future.
STAFF RECOMMENDATIONS
The staff would recommend approval of the Planned Unit Development Concept Review with
waivers on 13.13 acres and Preliminary Plat on 13.13 acres into 2 lots, based on plans dated
September 10, 1999, based on the Staff Report dated September 10, 1999 and subject to the
following conditions:
1. A waiver from city code be granted for a lot size less than 5 acres.
2. An additional 1 0 feet of right-of-way along Flying Cloud Drive be dedicated with plat.
3. Standard drainage and utility easements along the property line between proposed Lots 1
and 2 be created.
2
7
PLANNING COMMISSION MINUTES
SEPTEMBER 13,1999
PAGE 3
B. RESEARCH SECOND ADDITION by Starkey Laboratories. Request for Planned
Unit Development Concept Amendment on 13.13 acres and Preliminary Plat on
13.13 acres into two lots. Location: Flying Cloud Drive and Crosstown Circle.
Franzen reported that this is a simple subdivision of existing zoned industrial
property into two lots; one of which will be retained by Starkey Laboratories and the
other will be put on the market and sold. Staff does recommend approval of this
project.
MOTION: Clinton moved, seconded by Alexander, to close the public hearing.
Motion carried 4-0.
MOTION: Clinton moved, seconded by Alexander, to recommend to the City
Council approval of the request of Starkey Laboratories for Planned Unit
Development Concept Amendment on 13.13 acres and Preliminary Plat on 13.13
acres into two lots, based on plans dated August 6, 1999, and subject to the
following conditions:
1. A waiver from City Code be granted for a lot size less than five acres.
2. An additionallO-feet of right-of-way along Flying Cloud Drive be dedicated
with plat.
3. Standard drainage and utility easements along the property line between
proposed Lots 1 and 2 be created.
Motion carried 4-0.
CITY COUNCIL AGENDA
DATE: 10/19199
SECTION: Public Hearings
SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
Donald R. Dram Rolling Hills Senior Housing :IlL,C. Krista Flemming
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Guide Plan Change from Regional Commercial Service to
High Density Residential on 7.95 acres and to Office on 1.02 acres; and
• Adopt the Resolution for PUD Concept Amendment on 8.97 acres; and
• Approve 1 st Reading of the Ordinance for Zoning District Change from C-Reg Ser to
RM-2.5 on 7.95 acres and to Office on 1.02 acres; and
• Adopt the Resolution for Preliminary Plat on 8.97 acres into two lots; and
• Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations (and Council conditions).
Synopsis
This project is for a three story senior complex with 142 units and an office building (proposed
medical use) at 17,500 square feet located at the southeast comer of Prairie Center Drive and
Rolling Hills Road as part of the original Hartford Place PUD.
Background Information
The project requires waivers for site area per dwelling unit, parking, side yard setbacks, structure
height, density, and front yard parking setback.
Reasons to consider the waivers are as follows:
1. The increased setbacks provide a greater distance from adjacent neighborhoods and preserve
an existing wetland area on the site.
2. Parking, density, and site area requests are similar to approvals on the Eden Shores Senior
Campus.
3. The project is located within the major center area on a site previously approved for 40,000
sq. ft. of commercial, which generates more traffic and noise.
/
4. The use presents a favorable transition between the existing Pulte townhome development
and the Eden Prairie Center.
At the September 27, 1999, meeting, the Planning Commission voted 5-0 to recommend project
approval. This included a recommendation to shift the office building closer to Prairie Center
Drive and the proposed senior building; thereby, increasing the buffer/transition and reducing the
side setback. This modification extends the setback from 59 feet to 70 feet, and is reflected on
the current plans. A conservation easement was required by the Planning Commission to be
placed over the existing wetland area and plantings to be located on the benm on southwest side
of the property.
Attachments
1. Resolution for Guide Plan Change
2. Resolution for PUD Concept Amendment
3. Resolution for Preliminary Plat
4. Staff Report dated September 24, 1999
5. Planning Commission Minutes dated September 27, 1999
6. Correspondence
ROLLING HILLS SENIOR HOUSING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99-
A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the
Comprehensive Municipal Plan ("Plan"); and,
WHEREAS, the Plan has been submitted to the Metropolitan Council for review
and comment; and
WHEREAS, the proposal of Rolling Hills Senior Housing by Hartford Financial
Services for a three story senior complex with 142 units and a medical office of 17,500
square feet requires the amendment of the Plan;
NOW, THEREFORE, BE IT RESOLVED that the City Coundl of the City of
Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to
Metropolitan Council approval as follows: 7.95 acres from Regional Commercial
Service to High Density Residential and from Regional Commercial to Office on 1.02
acres located at Prairie Center Drive and Rolling Hills Road.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of
October, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
ROLLING HILLS SICNIOR HOUSING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT AMENDMENT OF ROLLING HILLS SENIOR HOUSING
FOR HARTFORD FINANCIAL SERVICES, 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 Rolling Hills
Senior Housing PUD Concept Amendment by Hartford Financial Services, 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 October 19, 1999;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Rolling Hills Senior Housing, being in Hennepin County, Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept Amendment approval as outlined in
the plans dated October 6, 1999.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated September 27, 1999.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of October, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
Exhibit A
Rolling Hills Senior Housing
Legal Description:
Lots 9 and 10, Block 1, Prairie Lakes Business Park
ROLLING HILLS SENIOR HOUSING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF ROLLING HILLS SENIOR HOUSING
FOR HARTFORD FINANCIAL SERVICES, INC.
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Rolling Hills Senior Housing for Hartford Financial Services, Inc., dated
October 6, 1999, consisting of8.97 acres into 2 lots, a copy of which is on fik~ at the City Hall, is
found to be in confonnance 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 19th day of October, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
OWNER:
LOCATION:
REQUEST:
Planning Commission
Krista R. Flemming, Planner I
September 24, 1999
Rolling Hills Senior Housing
Hartford Financial Services, LLC
Aurora Investments, LLC
Southeast corner of Prairie Center Drive and Rolling Hills Road
1. Guide Plan Amendment from Regional Com:nercial to High Density
Residential on 7.95 acres and to Office on 1.02 acres
2. Planned Unit Development Concept Amendment on 8.97 acres
3. Planned Unit Development District Amendment With waivers on 8.97 acres
4. Zoning District Change from C-Reg-Ser to RM .. 2.5 on 7.95 acres and to
Office on 1.02 acres
5. Site Plan Review on 8.97 acres
6. Preliminary Plat on 8.97 acres into 2 lots
7
I
, (~S)
. __ .. --"
-If .,
. ."."
...:I6--::c .... l.
.... Ie. l ::., .......
... .:::~ -
\ "'I"'t ..... S
~' lAt"'t
"':::;;'~l'I.'" ""' ...
.,' "'-;. !3
...... ,1 r .~'.~ .. ?t·";7·~! __ • __ •• __ .••
'.n."1 "
-------
I
( 13)
'6-'0''''(
~.;e" 'I'll
. "'IO.~ , "'-"'i't' .'<3, S
.. .6'-t'~ •. 11 ::~
·i"ll. '=' ...... 17
.,'3, S
~~~~
,l, ~~~~~ I
~~~'~ I
,
(:
·~_._---L--_
Staff Report -Rolling Hills Senior Housing
September 24, 1999
BACKGROUND
In 1978, the City approved the Hartford Place PUD, a rezoning to commercial regional service, and a
plan for two retail buildings (40,000 sq. ft. and 38,000 sq. ft.). The PUD was amended in the 1994
Hartford Place PUD for a 40,000 sf. retail building and a 4.5 acres of open space.
In 1998, a 24,640 square foot Borders Bookstore, and a 9,000 square foot restaurant was submitted for
City review. The Planning Commission and City Council voted to approve the bookstore, but deny the
restaurant. The developer withdrew the project.
COMPREHENSIVE PLAN AMENDMENT
The project will require a guide plan change from Regional Commercial to Office and High Density
Residential. Office is a better long-term use of the property. Office uses are quieter in the evenings and
on weekends, generate less traffic and require less lighting. The proposed use is likely to be a medical
office, which would support the senior bUilding.
In 1995, the City Council established the Senior Issues Task Force to identify 6e impact of changing
demographics of the senior population and resulting needs for housing, transportation, health and social
services, and related issues. One of the needs identified by the Task Force was for a variety of affordable
senior housing opportunities. This project meets the objective. The Final Report :;aid some flexibility in
the zoning codes may be necessary, including the use of higher densities to help maintain affordability.
This site is located on the southeast periphery of the Major Center Area where the land use is envisioned
for, and capable of, supporting intense land uses. It is adjacent to an existing multiple-family residential
neighborhood to the south and east. The land use appropriate for this site should transition between these
land uses. The following issues could be considered to support the proposed project as an appropriate
transition:
• Higher density housing is a transitional land use between owner-occupied multiple-family townhomes
and commercial land uses.
• The Senior housing will continue to address an important housing need identified in the report of the
Senior Issues Task Force, and provide senior residents with close proximity to all services located in
Eden Prairie's "downtown" area.
• A regional commercial land use would attract more intense uses to the site such as general retail,
restaurants, and gas stations. This would eliminate a more suitable transition, and generate noise,
traffic and lighting impacts.
• The Senior housing will generate less total traffic, and peak hour traffic, than a commercial land use.
• A small office facility provides adequate transition between commercial use and residential
neighborhoods.
SITE PLAN
The site plan shows a three-story building with 142 units, and a three-story, 17,500 sq. ft. medical office.
2
q
Staff Report -Rolling Hills Senior Housing
September 24, 1999
PLANNED UNIT DEVELOPMENT WAIVERS
The project will need the following waivers from the City Code:
• Site Area per Dwelling Unit from 2,500 sq. ft. to 2.439 sq. ft.
The waiver is related to the total number of units proposed. Eden Shores Senior Campus and Realife
Valley View Cooperative were approved with similar waivers.
• Parking from 2 spaces per dwelling unit to .7 spaces per dwelling unit.
There are 72 underground parking spaces, and 27 outside parking spaces for the senior housing. This
waiver is similar to the parking requirements approved for the Eden Shores Senior project. Facilities
of this nature do not necessitate the number of parking stalls required in the RM-2;5 district. The
parking will sufficiently accommodate resident, visitor and staff parking.
• Side yard structure setback for the housing from 25 feet to 20 feet with a front yard a parking
setback from 35 feet to 10 feet; parking setback from 10 feet to 0 feet with shared parking and
drive isle for the office building.
These waivers are needed to preserve the adjacent wetland and maximize the buffer area to the south.
• Structure height from 30 feet to 36 feet for the office building.
The site is currently zoned C-Reg-Ser which allows a maximum structure height of 40 feet. The
office district has a maximum height of 30 feet. The City is requesting the Developer to guide and
rezone the property for office only; thereby, providing a permanent use more suitable for the
transition from commercial to residential. The pitched roof could be eliminated and no height waiver
would be required; however, the residential character of the building would be lost.
• Density increase from 17.4 to 17.86 units per acre.
The higher density is needed to help maintain affordability.
• Front yard setback to parking from 35 feet to 10 feet.
This impacts 9 parking spaces. The parking is needed close to the entrance. The setback
along Prairie Center Drive averages greater than 35 feet due to the 4.5 acres of open space.
GRADING AND TREE LOSS
There is no significant tree loss on the site. The plan shows a 25' wetland buffer area to accommodate the
City's wetland protection policy.
TRANSITION
3
/0
Staff Report -Rolling Hills Senior Housing
September 24, 1999
The site plan review section of the City Code requires a transition when there are differences in land use,
building mass, height, or densities. The City Code side yard setback requires a 25-foot side yard setback
in the RM-2.5 district, and a 20-foot side yard setback in the office district. The project proposes a side
yard setback from the existing single-family development ranging between 52 and 240 feet. Only
portions of the building wings are closest to the residential development at their furthest extension. The
closest point of the office structure to the side lot line abutting the residential neighborhood is 59 feet.
The existing benn and plantings were required based on an expectation that the site would develop for a
40,000 square foot commercial building with a large parking area that would be visible from the
residential areas. The building blocks the views of the parking to the south and east. The building is taller
and larger than the proposed commercial; therefore, additional plant materials are needed along the east
and south sides of the building to provide a better transition. The staff would recommend 100 additional
10-15 foot high conifers along the south and east property line adjacent to the residential development.
LANDSCAPE PLAN
The landscaping caliper inch requirement based on building size is 750 inches. The plan provides a total
of 751 caliper inches meeting City Code requirements. Any existing trees located on the berm disturbed
by the installation of the retaining wall will be reinstalled.
ARCHITECTURE
Both structures meet architectural standards for 75% face brick, glass, or natural stone.
Both the senior housing structure and the medical office building are 36 feet tall. The adjacent
townhouses are 26 feet tall.
UTILITIES AND DRAINAGE
Sewer and water is available in Prairie Center Drive and Rolling Hills Road. The existing NURP pond will
be maintained, and was designed to accommodate full development of this site as part ofthe original PUD.
SIDEWALKS
A bituminous trail will be added along Prairie Center Drive connecting from the existing trail at the
corner of Preserve Boulevard and Prairie Center Drive to the intersection of Rolling Hills Road and
Prairie Center Drive. A sidewalk will extend along to Rolling Hills Road from Prairie Center Drive and
connect with the existing sidewalk constructed with a previous residential development. Internal project
connections to the trail and sidewalk are also proposed.
TRAFFIC
This project will not generate enough traffic to warrant a traffic signal at either the Rolling Hills or Prairie
Lakes Drive intersections with Prairie Center Drive. A traffic signal at Prairie Lakes Drive is warranted
when the approved 165,000 square of retail is constructed to the north of the site.
LIGHTING
4
//
Staff Report -Rolling Hills Senior Housing
September 24, 1999
Site lighting is 20 feet tall.
T AX INCREMENT FINANCING (TIE) PLA.N
The developer is requesting TIF fInancing to provide lower rents on a portion of the units, and write-down
land acquisition costs. TIF uses future tax revenue generated from a project to help fInance the project.
Each year the City will collect full taxes from the project and return a portion to the owner to accomplish
specific goals.
STAFF RECOMMENDATION
Staff would recommend approval of the following request:
• Guide Plan Amendment from Regional Commercial Service to High Density Residential on 7.95 acres
and to Office on 1.02 acres
• Planned Unit Development Concept Amendment on 8.97 acres
• Planned Unit Development District Amendment with waivers on 8.97 acres
• Zoning District Change from C-Reg-Ser to RM-2.5 on 7.95 acres and to Office on 1.02 acres
• Site Plan Review on 8.97 acres
• Preliminary Plat on 8.97 acres into 2 lots
This is based on plans dated September 22, 1999, the Staff Report dated September 24, 1999, and the
following conditions:
1. Prior to City Council review, the proponent shall:
A. Provide 100 additional 10-15 foot high conifers along the southeast property line adjacent
to the residential development.
B. Depict the existing Marketcenter monument location at the corners of Prairie Lakes Drive
and Rolling Hills Road intersections with Prairie Center Drive.
2. Prior to final plat approval, the proponent shall:
A. Submit detailed storm water runoff, utility and erosion control plans for review by the
City Engineer and Watershed District.
3. Prior to building permit issuance, the proponent shall:
A. Review the building plans with the Fire Marshal.
B. Submit a landscaping bond in accordance with City Code.
B. Provide building material samples and colors for review by the City Planner.
5
/A
Staff Report -Rolling Hills Senior Housing
September 24, 1999
C. Pay the cash park fee.
4. The following waivers to the City Code are granted as part of the PUD:
• Site Area per Dwelling Unit of2,439 sq. ft. Code requires 2,500 sq. ft.
• Parking at .7 spaces per dwelling unit. Code requires 2 spaces per dwelling unit.
• Side yard structure setback at 20 feet. Code requires 25 feet.
• Zero lot line to parking. Code requires a 10 foot side parking setback.
• Front yard parking setback at 10 feet. Code requires 35 feet.
• Density increase from 17.4 to 17.86 units per acre.
6
/3
PLANNING COMMISSION MINUTES
SEPTEMBER 27, 1999
PAGE 7
B. ROLLING HILLS SENIOR HOUSING by Hartford Financial Services, Inc.
Request for: Guide plan Change from Regional Commercial to High Density Residential
on 7.95 acres and to Office on 1.20 acres, Planned Unit Development Concept Amendment
on 8.97 acres, Planned Unit Development District Amendment with waivers on 8.97 acres,
Zoning District Change from C-Reg-Ser to RM -2.5 on 7.95 acres and Office on 1.02
acres, Site Plan Review on 8.97 acres, and Preliminary Plat on 8.97 acres into 2 lots.
Location: Southeast Comer of Prairie Center Drive and Rolling Hills Road.
Flemming related the proposed plan was for a senior complex with medical facilities to
accommodate the residents of the complex.
Bill Griffith, representative of Hartford Financial Services, presented an overview of the
proposed plan, indicating this was the third plan for the site. The plan proposed a change in
land use from commercial to office and residential. He related the demand for senior
housing in Eden Prairie and the results of a study conducted by Tealwood Care, who had
been in a similar type of business for many years, indicated the need for this type of
facility. Griffith indicated the City's Comprehensive Plan had addressed senior housing
issues several years ago. He indicated that under this proposed plan, trip generated usage
would drop from 3,000 trips per day to 891 trips, a 70 percent reduction. According to a
parking study provided, senior parking needs were .7 spaces be dwelling unit versus 2
spaces per dwelling unit. Fewer parking spaces would leave more green spaces, trees, etc.
and therefore the community and neighborhood would benefit. A small office facility
adjacent to the senior complex provided a nice transition from office environment to
residential.
Foote asked if .7 spaces per unit dwelling was adequate since 2 spaces per unit dwelling
was the standard and one parking space was provided for each unit.
Griffith responded that parking was provided for staff and onsite parking would be
provided for guests. An on-site shuttle service also provided transportation for residents.
Sandstad related that other suburbs have found in similar usage, parking was not heavily
required.
Clinton commented the placement of a traffic light in the vicinity was addressed when the
commercial project came before the Commission several years ago and asked if this was
addressed at this time.
Griffith responded his understanding was Prairie Lakes Drive called for a signal when that
project was completed but was not sure one was required at this time.
Franzen related he was aware of the original Hartford project. The Huntington project
would account for 70 percent of the traffic and a traffic light would be needed when that
project was completed. He indicated there was more traffic in the general area but the
Highway 5 road project could attributable to the current traffic. The City Engineer would
JLj-
PLANNING COMMISSION MINUTES
SEPTEMBER 27, 1999
PAGE 8
need to address the issue to determine if a signal was warranted and if so, would be placed
on the City Council agenda.
Flemming related Staff had looked at buffers in similar zoning uses. A berm currently
exists and Staff had worked with the developer to create sufficient set backs comparable
with existing projects. The developer had agreed to add additional trees.
Staff recommends approval of the plan as submitted with the addition of Staff
recommendations at the end of their report.
Clinton asked if the trees included on the berm would have significant spacing between
each tree.
Flemming responded the trees were 10-15 foot high conifers located fairly close to one
another and would provide significant screening of the site.
Penny Hanson, 11043 Lexington Drive, related she lived in the house that was next to the
project. Expressed concern with the waivers being requested to construct the facility and
the possibility of the site being used for a purpose other than senior housing in the future if
this project was not profitable. She also indicated the development of an office building
next to a residence was unacceptable. The driveway for the office complex was within 100
feet of her bedroom window and requested the office complex be relocated to another spot
on the site.
Foote asked Mr. Griffith ifmoving the office complex to another location was possible.
Griffith asked to address that issue and any others after the public had an opportunity to
address the Commission.
Andrea Poncius, 8486 Minuteman Alcove, related she believed the project to be a good
one. She indicated the size of the development, however, appeared to be twice the size of
what had been proposed with the land use. Plans had been requested with respect to what
her site line would be from the second story bedroom window. She indicated raising the
berm would help with transitioning the area and plants needed to be taller to be more of a
buffer. Lighting would be an issue since her residence had decks on the second story level
and traffic the project would generate would also be an issue.
A resident conveyed he was glad land use was being changed to high density residential
and assisted living use. He asked if the office complex could be included as part of the
assisted living area and why there was a need for a three-story building.
Bob McMillian, 11515 Carriage Lane, indicated he was a long time resident of the area.
Believed the project to be the best use of the land and was an improvement over other plans
previously proposed for the site. He hoped Hartford would work with the Staff to solve
some the issues addressed.
/~
PLANNING COMMISSION MINUTES
SEPTEMBER 27, 1999
PAGE 9
Griffith addressed questions raised during the public hearing. He related setbacks were
required by code. In connection with the berm, alterations to the existing berm would
necessitate removing what was currently there and destroying plantings. The office
location was based on an existing easement and was the best plan given the site and project.
Existing wetlands restrictions created issues with respect to the site plan. The plan
presented was the best package that could be developed given the intended use of the site
for senior housing and office building and the restrictions for the site. Griffith indicated
deletion of the office building would require that some other use be designated in its place
in order to make sure the senior housing complex was viable. Proposing a three-story
building created a land use package that was responsive to the market.
Alexander asked clarification of whether Ms. Hanson's house was 100 feet from the drive
or office building.
Griffith responded the 100 feet distance was from building to building.
Alexander asked why the drive needed to be that wide.
Perry Ryan related the drive was similar in size to other drives used in like circumstances
and accommodates passenger vehicles, delivery and service vehicles. He also related the
drive appears to be much wider on the plan than it actually was.
Alexander asked if the lighting on the building would affect the residences.
Ryan related lighting was not expected to be significant. There would be small lanterns on
each resident's balcony, some side lighting and lighting around the dining room area, as
well as security lighting on the front of the building.
Ms. Hanson again expressed concern with the location of the office building and noise
being generated from the raising and lowering of the garage door on the site.
Alexander asked ifthe office complex could be moved closer to the assisted living area
Griffith reiterated the problem associated with the existing setbacks and therefore
limitations as to where the building could be moved. Had checked into the issue of the
noise associated with the garage door. There had never been an instance where a garage
door violated noise standards and would be similar to what is found in a residential area.
Franzen indicated that with respect to the parking garage matter, additional parking could
be made available on the side of the complex. Also, with respect to the building containing
three stories, other alternatives may be available.
Foote asked what options were available to reduce the project impact on Ms. Hanson and
not reduce the square footage needed for the project.
1&
PLANNING COMMISSION MINUTES
SEPTEMBER 27, 1999
PAGE 10
Griffith related he was not sure what the fire code requirements would be but would look
into the matter.
Franzen asked if a different orientation of the building could alleviate or modify the
driveway and retaining wall issues yet afford the project the same square footage.
Griffith indicated a week or two would. be needed to review the site plan to determine what
adjustments to the plan could be made.
Sandstad related he did not have any major concerns with buffer offered between the office
and residences and supported the concept of senior housing on the site, as long as the berm
and landscaping were enhanced according to the developer's plans.
Alexander added with the addition of more trees and the berm, noise should be minimal,
and if the office building could be relocated somewhat, would be happy with the plan.
Habicht indicated this plan was significantly better than a commercial use plan and if the
lot line could be reduced within the site, approved the project. .
Clinton related the items addressed were minor concessions and the plan generally was a
good one.
Foote indicated he certainly endorsed the project and would like for Staff and the
developers to address the issues raised.
MOTION: Sandstad moved, seconded by Clinton, to close the public hearing. Motion
carried 5-0.
MOTION: Sandstad moved, seconded by Clinton, to recommend to the City Council
approval of the request of Hartford Financial Services, Inc., for Guide Plan Change from
Regional Commercial Service to High density Residential on 7.95 acres and to Office on
1.02 acres, Planned Unit Development Concept Amendment on 8.97 acres, Planned Unit
Development District Amendment with waivers on 8.97 acres, Zoning District Change
from C-Reg-Ser to RM -2.5 on 7.95 acres and to Office on 1.02 acres, Site Plan Review
on 8.97 acres, and Preliminary Plat on 8.97 acres into 2 lots, based on plans dated
September 22, 1999, and subject to the recommendations of the Staff Report dated
September 24, 1999. Motion carried 5-0.
PENNY HANSON
11043 LEXINGTON DRIVE + EDEN PRAIRIE, MN + 55344 + 612-903-0045 + plpcllanson@earthlink.net
October 1, 1999
Dr. Jean Harris
City of Eden Prairie Mayor
10860 Forestview Circle
Eden Prairie, MN 55347
Re: Planning Commission Meeting on September 27,1999. Rolling Hills Project
ROLLING HILLS SENIOR HOUSING by Hartford Financial Services, Inc. Request for Guide Plan Change
from Regional Commercial Service to High Density Residential on 7.95 acres and Office on 1.02 acres,
Planned Unit Development Concept Amendment on 8.97 acres, Planned Unit Development District
Amendment with waivers on 8.97 acres, Zoning District Change from C-Reg-Ser to RM -2.5 on 7.95 acres
and Office on 1.02 acres, Site Plan Review on 8.97 acres and Preliminary Plat on 8.97 acres into 2 lots.
Location: Southeast Corner of Prairie Center Drive and Rolling Hills Road.
Dear Dr. Harris:
I am writing to you 'regarding the development being proposed next to my home and my disappointment
with the Eden Prairie planning staff and the planning commission ruling on September 27,1999.
When reviewing this project please ask yourself this question, ''What are they selling?"
The Hartford Financial Services, LLF is proposing a 3 story office building with an underground parking
garage and a Senior Housing project. Please be aware they are selling this project to you the Major and
the City Council as the Rolling Hills Senior Housing Project.
The Lawyer for the Hartford Group informed me this project will not be feasible unless they have the office
building on the land in addition to the Senior Housing. He said the Senior Housing project can not stand
alone. We all know the intentions of Hartford is to sell the office building to the highest bidder once
completed. There concern is not for the Senior Housing project or the neighbors located next to this
project.
I am begging you for your help since the planning commission did not keep in mind the interest of the
Hartford Place community residence when reviewing this project.
Penny Hanson
612-903-0045
Page 2
The Hartford Group is asking the city of Eden Prairie to waiver there established zoning codes. They are
asking for six such waivers they are:
• Site area per dwelling unit of 2,439 sq. ft. Codes requires 2,500 sq. ft.
• Parking at .7 spaces per dwelling unit. Code requires 2 spaces per dwelling unit.
• Side yard structure setback at 20 feet. Code requires 25 feet.
• Zero lot line to parking. Code requires a 10-foot side-parking setback.
• Front yard parking setback at 10 feet. Code requires 35 feet.
• Density increases from 17.4 to 17.86 units per acres.
Eden Prairie has established strict zoning codes for specific reasons, why would you allow such waivers?
Please help the neighbor closest to this project. Unfortunately the planning commission loss site how a
18,000 sq. ft. building 100 feet from my bedroom window would be a negative impact. I am asking for your
assistance at this time.
Hartford Group is proposing a 3-story office building located 100 feet from my bedroom window. In
addition this office building has a 20-foot retaining wall and a mechanical garage door. (pictures enclosed).
Please help. Hartford Group is asking for 6 pardons. I am asking for one, move the building.
There is no practical reason why the office building can be re-Iocated to the opposite corner where the
residential impact would be minimal. The Hartford Group has been obstinate and been unwilling to listen
to the needs of all the neighbors who have expressed the same concerns at the last two meetings
regarding this project.
The Hartford Group is receiving economic gain from this project since they are asking the city for TIF (Tax
Increment Financing). They are financing to provide lower rents on a portion of the units and write-down
land acquisition cost.
Frankly Hartford Group is asking for a lot of lenience, and myself the neighbor is only asking for an
adjustment to the physical location, not the prohibition of the project. When this project comes before you
please put yourself in my bedroom on a summer day with the window open and a mechanical garage door
shrieking. In addition to a three story building blocking the afternoon sun.
Please keep in mind, if the Senior Housing building should have economic hardship and they can not rent
to the seniors, who will these new residences be with minimal parking accommodations?
Thank you for you time and please contact me at 612-903-0045 if you have question.
Sincerely,
p~~u~ ti
19
Penny Hanson
612-903-0045
Page 3
CC: Jean Harris, Ronald Case, Nancy Tyra-Lukens, Sherry Butcher-Younghans, Ross Thorfinnson, Mike
Franzen, Krista Flemming.
Enclosed: Pictures.
CITY COUNCIL AGENDA
DATE: 10/19/99
SECTION: Public Hearing
SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development
"'-Donald R. Uram Scenic Heights Office Buildings li V. Scott A. Kipp
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution Authorizing Release of Restriction for church use on 4.06
acres; and
• Adopt the Resolution for Comprehensive Guide Plan Amendment from Church to
Office on 4.06 acres; and
• Approve 1 st Reading of the Ordinance for Zoning District Change from Public to
Office on 4.06 acres; and
• Adopt the Resolution for Preliminary Plat on 4.06 acres; and
• Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations (and Council conditions).
Synopsis
This project is for two single-story office buildings totaling 36,080 square feet, located at Scenic
Heights Road, west ofthe Eden Prairie Fire Station.
Background Information
As part of a land trade with the church in 1971, a deed restriction was placed on the property by
the City restricting the site to church use. This restriction will expire in 2001. The City Council
will need to release this restriction from the property at this time.
A Comprehensive Guide Plan change from Church to Office is necessary and has merit for the
following reasons:
1. Office use provides a transition to the adjacent Industrial, Church and Residential land
uses.
2. This change will not have an affect on the balance ofland use within the City.
3. The proposed office buildings are single-story, and step-down in elevation toward the
north, and together with the existing berm will limit views from the residential use to the
south.
4. The building coverage is low.
A Travel Demand Management plan will need to be developed for the project prior to building
permit issuance.
/
At the September 27, 1999 Planning Commission meeting, the Planning commission voted 5-0
to recommend approval of the project to the City Council.
Attachments
1. Resolution Authorizing Release of Restriction
2. Resolution for Guide Plan Change
3. Resolution for Preliminary Plat
4. Staff Report dated September 24, 1999
5. Planning Commission Minutes dated September 27, 1999
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99 -
RESOLUTION AUTHORIZING RELEASE OF RESTRICTION
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the
"City"), as follows:
WHEREAS, by Resolution No. 459, adopted by the Village Council of the Village of
Eden Prairie on October 26, 1971, the Council authorized that the Village deed to Eden Prairie
United Methodist Church the following described property:
That part of Section 16, Township 116, Range 22, commencing at
a point on the south line of the Southwest Quarter (SW 114) of the
Northeast Quarter (NE 1/4) distant 1,000 feet East from the
Southwest comer thereof, thence North parallel with the West line
thereof 640 feet thence Northeasterly to a point in the East line of
said Southwest Quarter (SW 114) of the Northeast Quarter (NE
114),680 feet North from the Southeast comer thereof, then South
to said Southeast comer, thence West to beginning except road.
subject to the restriction that said property be used for religious or church related purposes; and
WHEREAS, the City has before it a proposal by the Peter Andrea Company to use the
property for a project commonly known as the Scenic Heights Office Buildings; and
WHEREAS, the City is desirous of approving the land use application of Peter Andrea
Company to use the property for office purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF EDEN PRAIRIE,
MINNESOTA THAT:
1. The City hereby authorizes the Mayor and City Manager to execute a quit claim deed
releasing the restriction that the property be used for religious or church related purposes.
Passed by the City Council this __ day of _____ -', 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
SCENIC HEIGHTS OFFICE BUILDINGS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99-
A RESOLUTION AMENDING THE
COMPREHENSIVE ,MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive
Municipal Plan ("Plan"); and,
WHEREAS, the Plan has been submitted to the Metropolitan Council for review and
comment; and
WHEREAS, the proposal of Scenic Heights Office Buildings by Peter Andrea Company
for two single-story office buildings totaling 36,080 square feet, requires the amendment of the
Plan;
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Eden
Prairie, Minnesota, hereby adopts the amendment ofthe Plan subject to Metropolitan Council
approval as follows: 4.06 acres from Church to Office located at Scenic Heights Road, west of
the Fire Station.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of October,
1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
SCENIC HEIGHTS OFFICE BUILDINGS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF SCENIC HEIGHTS OFFICE BUILDINGS
FOR PETER ANDREA COMPANY
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Scenic Heights Office Buildings, dated October 8, 1999, consisting of
4.06 acres into one lot and road right-of-way, a copy of which is on file at the City Hall, is found to
be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 19th day of October, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
OWNER:
LOCATION:
REQUEST:
Planning Commission
Scott A. Kipp, Senior Planner
September 24, 1999
Scenic Heights Office Buildings
Peter Andrea Company
Eden Prairie United Methodist Church
Scenic Heights Road, west of Fire Station
1. Comprehensive Guide Plan Change from Church to Office on 4.06
acres.
2. Zoning District Change from Public to Office on 4.06 acres.
3. Site Plan Review on 4.06 acres.
4. Preliminary Plat of 4.06 acres into one lot and road right of way.
I')
I')
,
i 10)
""-n
,
(il
E OO[Q)~$YWH ~~
i ~[Q)[Q)OO
~ ~
I -,
.".~ I
~
I
.Mm~
,
~lEtO\idr I'} S ~O~:!f(T
"-,
r::.:.
7
Staff Report
Scenic Heights Office Buildings
September 24, 1999
BACKGROUND
The Comprehensive Guide Plan shows this site as Church. The property is zoned Public.
Surrounding land use consists of Church to the west, Industrial to the north and east, and single-
family residential south of Scenic Heights Road.
In 1971, the City of Eden Prairie transferred ownership of this site to the Eden Prairie United
Methodist Church in exchange for land the City needed from the church. As part of the transfer,
a deed restriction for church use was placed on the property. This restriction will expire in 2001.
Part of this project is to obtain approval from the City Council to remove the deed restriction at
this time.
COMPREHENSIVE GUIDE PLAN CHANGE
The proponent is requesting a Comprehensive Guide Plan change from Church to Office on 4.06
acres to construct two, single-story office buildings totaling 36,080 square feet. This change
may have merit for the following reasons:
1. Office use provides a transition to the adjacent Industrial, Church and Residential land
uses.
2. This change will not have an affect on the balance of land use within the City.
3. The proposed office buildings are single-story, and step-down in elevation toward the
north, and together with the existing berm wi11limit views from the residential use to the
south.
4. The building coverage is low.
SITE PLAN/PRELIMINARY PLAT
The plan shows two, single-story, 18,040 square foot office buildings and a preliminary plat of
4.06 acres into one lot and road right of way. The base area ratio and floor area ratio is .20. City
Code permits up to a .30 base area ratio and a .50 floor area ratio in the Office district. The base
area and floor area coverage in the Public zoning district is not limited.
The amount of parking required by Code and provided is 181 spaces.
The setbacks for building and parking meet City Code.
A cross access easement is shown at the northeast comer of the property leading to the City
Center property for possible future connection.
Staff Report
Scenic Heights Office Buildings
September 24, 1999
GRADING AND DRAINAGE
There are three significant trees on site totaling 38 caliper inches. These trees will be lost due to
their central location on the site. Tree replacement is 50 caliper inches and is included in the
landscaping plan. Many smaller non-significant evergreens will be relocated to the east side of
the site.
A NURP pond is proposed with the project and includes storm water capacity for the existing
church parking lot.
UTILITIES
Sanitary sewer and water will serve the site from Scenic Heights Road. Because of the lower
elevation of the buildings, a pressurized sanitary sewer main is proposed.
LANDSCAPING
The amount of landscaping required based on the size of the building is 113 caliper inches.
Together with 50 caliper inches of tree replacement, a total of 163 caliper inches are required.
The plan meets City Code. The existing berm and trees along Scenic Heights Road will be
retained and supplemented with additional trees for buffering to the single-family homes to the
south.
ARCHITECTURE
The two buildings are 15 feet tall and meet the 75% face brick and glass requirement of the
office district. The rooftop mechanical equipment will be screened with pre finished metal
panels. A face brick trash enclosure is proposed in the central portion of the site.
Parking lot lighting will consist of 20-foot high downcast cutoff shoebox fixtures, with 15-foot
fixtures along the front parking lot due to the neighboring residential land use. No wall pack
lighting should be used on the buildings.
TRAFFIC
This project will generate 398 daily trips, with 56 p.m. peak hour and 54 p.m. peak hour trips.
Scenic Heights Road is a major collector road and has adequate capacity to handle this trip
generation.
STAFF RECOMMENDATIONS
Staff recommends approval of the Comprehensive Guide Plan Change from Church to Office on
4.06 acres, Zoning District Change from Public to Office on 4.06 acres, Site Plan Review on
4.06 acres, and Preliminary Plat of 4.06 acres into one lot and road right of way based on plans
Staff Report
Scenic Heights Office Buildings
September 24, 1999
dated September 3, 1999, and subject to the recommendations of the Staff Report dated
September 24, 1999, and the following:
1. Prior to Final Plat approval, the proponent shall submit detailed storm water runoff,
utility and erosion control plans for review by the City Engineer and Watershed District.
2. Prior to grading permit issuance, the proponent shall install erosion control and tree
protection fencing at the grading limits of the property for review and approval by the
City Engineer and City Forester.
3. Prior to Building permit issuance, the proponent shall:
A. Pay the 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 tree replacement bond for review.
E. Develop a Travel Demand Management plan in coordination with the City, 1-494
Corridor Commission and Southwest Metro Transit to address the reduction in
traffic in the City.
)0
PLANNING COMMISSION MINUTES
SEPTEMBER 27, 1999
PAGE 12
D. SCENIC HEIGHTS OFFICE BUILDINGS by Peter Andrea Company. Request
for Guide Plan Change from Church to Office on 4.06 acres, Zoning District Change from
Public to Office on 4.06 acres, Site Plan Review on 4.06 acres, and Preliminary Plat on
4.06 acres into one lot and road right-of-way. Location: Scenic Heights Road, west of the
Fire Station.
Gary Touche, Touche Architects, provided a brief presentation of the project which
consists of two one-story brick office buildings with parking on three sides. He indicated a
meeting had been held with neighbors in which concerns regarding maintaining the berm
and shielding of the light fixtures to prevent light penetrating into the neighborhood had
been addressed.
Franzen related Staff recommended approval of the plan with the inclusion of the
additional three items from the last page of Staffs report.
Clinton indicated his approval of the project.
Foote indicated approval ofthe project.
Alexander related she liked the parking layout for the building and the design of the
buildings.
Habicht addressed the easement leading to the City Center property for possible future use.
Franzen indicated the easement had been requested by the Fire Department as a possible
connection in the future.
MOTION: Clinton moved, seconded by Habicht, to close the public hearing. Motion
carried 5-0.
MOTION: Clinton moved, seconded by Habicht, to recommend to the City Council
approval of the request of Peter Andrea company for Guide plan Change from Church to
Office on 4.06 acres, Zoning District change from Public to Office on 4.06 acres, Site Plan
Review on 4.06 acres, and Preliminary Plat on 4.06 acres into on e lot and road right-of-
way, based on plans dated September 3, 1999, and subject to the recommendations of the
Staff Report dated September 24, 1999. Motion carried 5-0.
/1 I f
CITY COUNCIL AGENDA
DATE: 10/19/99
SECTION: Public Hearings
SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.:
Donald R. Uram
Michael Franzen Pickled Parrot & SW Metro Wt,
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for PUD Concept Amendment on 22 acres; and
• Approve 1 st Reading of the Ordinance for PUD District Review and Zoning District
Amendment within the C-Reg Ser Zoning District on 1.67 acres; and
• Adopt the Resolution for Preliminary Plat on 22 acres into two lots, and one outlot,
and road right-of-way; and
• Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations (and Council conditions).
Synopsis
This is a 12,000 s.f restaurant. This site was rezoned to commercial and approved as a retail use
as part of the approved 1996 Southwest Metro Transit Hub PUD. The approved PUD includes a
mixture of retail, restaurant, hotel, and residential uses. (see attachment A)
Background Information
The project requires a waiver for offsite parking since a portion of the required parking is
requested to be located on land owned by Southwest Metro. A cross access and parking
agreement is required.
The size and location of the proposed Pickled Parrot restaurant is consistent with the approved
Planned Unit Development.
At the September 27, 1999, meeting, the Planning Commission voted 5-0 to recommend
approval of the project to the City Council.
Attachments
1. Resolution for PUD Concept Amendment
2. Resolution for Preliminary Plat
3. Staff Report dated September 22, 1999
4. Planning Commission Minutes dated September 27, 1999
5. Attachment A
/
PICKLED PARROT & SW METRO
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT AMENDMENT OF PICKLED PARROT & SW METRO
FOR PICKLED PARROT & SW METRO
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 Pickled Parrot & SW
Metro PUD Concept Amendment by Pickled Parrot & SW Metro 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 October 19, 1999;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota,
as follows:
1. Pickled Parrot & SW Metro, being in Hennepin County, Minnesota, legally descnbed
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 August 20, 1999.
3. That the PUD Concept meets the recommendations of the Planning Commission dated
September 27, 1999.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of October, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
t-~ \,/ PROPERTY DESCRIPTION
-ORJJNAGE I:.t.S£ljEHT PER (Per Old Republic National Title Insurance Company Commitment File No. H OR960488 C
effective date October 31, 1998 (Torrens Portion) and May 18, 1999 (Abstract Portion»
-DOC. HO. 5101259 Ie
z:sa.UTlOH DOC. NO. 5090512
That part of Tracts A and B described below:
"Fraet A.
Tract B.
That part of the Northeast Quarter of the Northeast Quarter of Section 15, Township I 16 North, Range 22 West,
Hennepin County, Minnesota, lying southerly of the southerly right of way line of Trunk Highway No. 2 I 2 as located
and established prior to January I, 1995, northerly of the northerly right of way line of New Technology Drive and
southwested)( of, the southwesterly right-of-way line of Prairie Center Drive;
That part of the West one-half of the Northeast Quarter of Section IS, Township I 16 North, Range 22 West,
Hennepin County, Minnesota, described as follows: Beginning at the Southeast corner of said West one-half of
Northeast Quarter; thence running North along the East tine of said West one-half of Northeast Quarter 978.25 feet
to the actual point of beginning of the land to be described; thence deflecting to the left 48 degrees 45 minutes
21 seconds and running Northwesterly 83.44 feet; thence deflecting to the left 20 degrees 30 minutes 30 seconds
and running Northwesterly 297.47 feet; thence deflecting to the right 3 degrees 06 minutes 30 'seconds and running
Northwesterly 2 15.82 feet; thence deflecting to the right I I degrees 50 minutes 40 seconds and running
Northwesterly 60. 13 feet; thence deflecting to the left 13 degrees 57 minutes 50 seconds and running Northwesterly
100.66; thence deflecting to the right 16 degrees 18 minutes 10 seconds and running Northwesterly 506.65 feet;
thence deflecting to the right 46 degrees 56 minutes 30 seconds and running Northwesterly 269.27 feet; thence
deflecting to the right 7 degrees 45 minutes and running Northerly to the Southerly right of way line of State Trunk
Highway No.5; thence Northeasterly along said Southerly right of way line to the East line of said West one half of
the Northeast Quarter; thence South along said East line to the point of beginning; the title thereto being
registered as evidenced by Certificate of Title No. 658063;
which lies southerly of Line I described below and northerly of Line 2 described below:
Line I.
line 2.
containing
Beginning at Right of Way Boundary Corner 8 I 6 as shown on Minnesota DEPARTMENT OF TRANSPORTATION
RIGHT-OF-WAY PLAT NO. 27-28 as the same is on file and of record in the office of the County Recorder in and
for said county; thence run easterly on an azimuth of 80 degrees 15 minutes 34 seconds along the boundary of
said plat for 192.27 feet; thence on an azimuth of 60 degrees 07 minutes 43 seconds along the boundary of said
plot for 94.15 feet; thence easterly 236.80 feet on a nontangential curve, concave to the north, having a radius of
3009.79 feet, delta angle of 04 degrees 30 minutes 28 seconds, and a chord azimuth of 77 degrees 52 minutes
50 seconds thence on on azimuth of 74 degrees 13 minutes 32 seconds for 36.0 I feet: thence easterly 376.29
feet on a non tangential curve. concave to the south, having a radius of 1065.92 feet. delta angle of 20 degrees 13
minutes 36 seconds, and a chord azimuth of 92 degrees 20 minutes 49 seconds to a point hereinafter referred to
as "Point A"; thence on on azimuth of '10 dearees 39 minutes 05 seconds for 197.09 feet; thence on an azimuth
of 105 degrees 10 minutes 39 seconds for 99.58 feet; thence easterly 504.66 feet on a nontangential curve,
concave to the north, having a radius of 620.87 feet, delta angle of 46 degrees 34 minutes 16 seconds, and a
chord azimuth of 81 degrees 40 minutes 58 seconds; thence on an azimuth of 58 degrees 29 minutes 55 seconds
for 122.22 feet; thence on an azimuth of 94 degrees 26 minutes 34 seconds for 160.72 feet: thence on an
azimuth of 130 degrees 59 minutes 32 seconds for 320.08 feet; thence on an azimuth of 178 degrees 00 minutes
17 seconds for 140.28 feet to a point hereinafter refenred to as ·Point B" and there terminating;
Beginning at t.he point of termination of Line I described above; thence run southwesterly on an azimuth of 224
degrees 35 mmutes 08 seconds for 270.57 feet; thence deflect to the right on a tangential curve having a radius
of 436. I I feet an~ a delta_ angle of 78 degrees 56 minutes 09 seconds for 600.82 feet; thence on an azimuth of 30~ degrees 25 minutes 4~ seconds for 238.26 feet; thence deflect to the left on a tangential curve having a
rO?lus -of 564.30 feet and a d:lta angle of 53 degrees 09 minutes 17 seconds for 523.51 feet; thence on an
aZimuth _ of 250 degrees 17 minutes 29 seconds for 600 feet and there terminating.
21.79 -acres;-more 'or 'Iess---'------,--'
PICKLED PARROT & SW METRO
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF PICKLED PARROT & SW METRO
FOR PICKLED PARROT & SW METRO
BE IT RESOLVED, by the Eden Prairie City Council as fonows:
That the preliminary plat of Pickled Parrot & SW Metro, dated August 20, 1999, consisting of22
acres into two lots and one outlot, a copy of which is on file at the City Han, is found to be in
conformance with the provisions ofthe Eden Prairie Zoning and Platting ordinances, and amendments
thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 19th day of October, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
FEE OWNER:
LOCATION:
REQUEST:
Planning Commission
Michael D. Franzen, City Planner
September 22, 1999
Pickled Parrot Restaurant
Pickled Parrot Restaurant
Southwest Metro
NW Quadrant of Prairie Center Drive and Technology Drive
1. PUD Concept Amendment on 22 acres to the overall Southwest
MetroPUD.
2. PUD District Review with waivers on 1.67 acres.
3. Zoning District Amendment within the Commercial Regional
Service District on 1.67 acres.
4. Site Plan Review on 1.67 acres.
6. Preliminary Plat of22 acres into 2 lots.
'5 ...... :: .. --....
•• '06.). il
.... .l( 0,
.,.-'
~ ~ :0'. i6 •• t..>O. &1 p'" fr~~c..f,P'
PA~RoT
o z
>-.....
Z
S
, ,
@
(3)
(4)
~//
,,'/
:'/
, ,
, , ,
( II)
()STlilT •
: 10'
Staff Report -Pickled Parrot
September 22, 1999
BACKGROUND
This site was rezoned to commercial and approved as a retail use as part of the approved 1996
Southwest Metro Transit Hub PUD.
SITE PLAN
The site plan shows a 12,000 S.F. restaurant on 1.67 acres at a .16 base area ratio. The City code
permits up to a .20 base area ratio.
The building and parking meet the required setbacks.
A waiver for off site parking is needed since a portion of the required parking is located on land
owned by Southwest Metro. A cross access and parking agreement is required.
GRADINGffiRAINAGE
Water will drain to an existing NURP pond.
ARCHITECTURE
Building materials are consistent with City Code for 75% face brick and glass.
LANDSCAPING
The caliper inch requirement is 38 inches. The plan meets this requirement. To screen parking
as required by City Code, the landscape plan should be modified to extend the planting scheme
in front of the deck along the length of the parking area adjacent to Technology Drive.
The plan should also be modified to include the use of sidewalk paving materials and decorative
lighting consistent with transit hub site.
STAFF RECOMMENDATIONS
The staff recommends approval of:
• Planned Unit Development Concept Amendment on 22 acres;
• Planned Unit Development District Review with waivers on 1.67 acres;
• Zoning District Amendment within the Commercial Regional Service District on 1.67 acres;
• Site Plan Review on 1.67 acres;
• Preliminary Plat of 22 acres into two lots.
Approval is based upon plans dated August 20, 1999, and subject to the recommendations ofthe
Staff Report September 22, 1999, and the following conditions:
7
Staff Report -Pickled Parrot
September 22,1999
1. Prior to City Council, the proponent shall modify the landscape plan to provide better
screening ofthe parking lot from Technology Drive.
2. Prior to grading permit issuance, the proponent shall:
A. Stake the grading limits with erosion control fence and notify the City and
Watershed District 48 hours in advance of grading.
2. Prior to building permit issuance, the proponent shall:
A. Provide a landscape surety equivalent to 150% of the cost of the landscaping
improvements and mechanical equipment screening.
B. Submit detailed building plans to the Inspections Department and Fire Marshal
for their review and approval.
C. Submit exterior building material samples and colors for review.
D. Pay the appropriate cash park fee.
PLANNING COMMISSION MINUTES
SEPTEMBER 27, 1999
PAGE 11
C. PICKLED PARROT & SW METRO by Pickled Parrot & SW Metro. Request for
Planned Unit Development Concept Amendment on 22 acres of the Southwest Metro PUD,
Planned Unit Development District Review with waivers 1.67 acres, Zoning District
Amendment within the C-Reg-Ser Zoning District on 1.67 acres, Site Plan Review on 1.67
acres and Preliminary Plat on 22 acres into 2 lots. Location: Technology Drive and Prairie
Center Drive.
Franzen related the site had been rezoned to commercial and approved for retail use as part
of the approved 1996 Southwest Metro Hub PUD.
John White, owner of Pickled Parrot Restaurant, provided a brief background with respect
to his involvement in other restaurant ventures. He indicated expanding into Eden Prairie
was an exciting concept for them and they had a staff ready to work at the new facility.
Habicht asked how parking would be accomplished at the restaurant.
White related the design was for 24 hour parking, which would be accomplished by 100
parking spaces on site and an agreement with Southwest Metro Transit for parking at their
location.
Chip I son, co-owner of Pickled Parrot Restaurant, reviewed the site plan. The building
would have windows facing the wetlands. The view of Technology Drive would be
wetlands and the ponding area to be developed. Staff, Southwest Metro and the developers
had worked on the design concept.
Franzen reported that Staff recommended approval of the plan pursuant to Staffs report.
Sandstad indicated approval of the plan.
Alexander related she like the plan and the facility to be located on the property. She
expressed some concern with potential traffic issues due to birds attempting to get to the
ponding area.
MOTION: Habicht moved, seconded by Sandstad, to close the public hearing. Motion
carried 5-0.
MOTION: Habicht moved, seconded by Sandstad, to recommend to the City Council
approval of the request of Pickled Parrot & SW Metro for Planned Unit Development
Concept Amendment on 22 acres ofthe Southwest Metro PUD, Planned Unit Development
District Review with waivers 1.67 acres, Zoning District Amendment within the C-Reg-Ser
Zoning District on 1.67 acres, Site Plan Review on 1.67 acres and Preliminary Plat on 22
acres into 2 lots, based on plans dated August 20, 1999, and subject to the
recommendations of the Staff Report dated September 24, 1999. Motion carried 5-0.
,.II I!U .. i. . · '1' ~I~I~=I ~ ~ i -< r.tJ. Im~'" r~ ~ ~ I IJ ~ii !!~l i ~ ~ . · .. I ~
r.tJ. C!l 1 JI 'liz r .', -I ~ ~ ;11; i! ~ lit! ;IIIU; i
Jlill i!l II jjii u " .' ~!!I; ~ Ii oil ~ I:
~ ~ III J ~ · .. i!!
I
13 " Ii ~B z zzl
Elf;!
0
-""I =~ !S !: ~I Q.,8 Q.,tC
«
CITY COUNCIL AGENDA
DATE: 10-19-99
SECTION: Public Hearing
SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.:
Finance Department
Tax Rate Increase Resolution ]I. F. Donald R. Dram
Requested Action
Move to:
Adopt resolution authorizing a tax rate increase for the 1999 tax levy, collectible in 2000.
Synopsis
A provision in the 1999 Omnibus Tax Bill requires that cities hold a public hearing and
adopt a resolution before a "levy certification tax rate" increase may be allowed. This
public hearing is in addition to and earlier than the Truth in Taxation scheduled for
December 6.
Background Information
If the governing body of a city intends to impose a "levy certification tax rate" for all
purposes other than general obligation bonds at a rate higher than the rate certified by the
county auditor, the governing body of the city must first hold a public hearing on the tax
rate increase, adopt a resolution approving the tax rate increase, and file a copy of the
resolution with the county auditor on or before October 20, 1999.
For Eden Prairie, the county auditor has certified the "1999 levy certification tax rate" at
24.62% and the "2000 levy certification tax rate" at 26.61%. These figures were
calculated by dividing the 1999 and the 2000 certified tax levies less the 2000 fiscal
disparities levy by the 2000 taxable net tax capacity. The "2000 levy certification tax
rate" went up because of the proposed levy increase of$I,501,429.
Attachments
Levy Certification Tax Rate Calculation
/
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99-
. A RESOLUTION AUTHORIZING A TAX RATE INCREASE FOR THE 1999 TAX
LEVY, COLECTIBLE IN 2000
BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of
Hennepin, that the County Auditor is authorized to fix a property tax rate for taxes payable in the
year 2000 that is higher than the tax rate calculated pursuant to Minnesota Statutes § 275.078 for
the City for taxes levied in 1998, collectible in 1999.
Adoption of this resolution does not prohibit the City from certifying a final levy that will
result in no tax rate increase or a tax rate decrease.
The City Clerk is hereby instructed to transmit a certified copy ofthis resolution to the
County Auditor of Hennepin County, Minnesota.
ADOPTED, by the City Council of the City of Eden Prairie, on this 19th day of October,
1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen Porta, City Clerk
Hennepin County
September 29, 1999
City Clerk and/or Finance Director
City of Eden Prairie
To Whom It May Concern,
An Equal. Opportunity Employe?'
• The levy certified by the City of Eden Prairie (herein called the "DISTRICT"), for taxes payable in 1999, less
the amounts, known to our office, levied to pay general obligation bonds, is $19,563,541.00.
• The DISTRICT's area-wide portion of the levy under Minnesota Statutes, section 276A.06, subdivision 3, or
section 473F.08, subdivision 3, for taxes payable in 2000, is $912,577.60.
• The sum of the net tax capacity adjustment amount imd the fiscal disparities adjustment amount under
Minnesota Statutes, section 273.1398, subdivision 2, for aids payable to the DISTRICT in 2000, as reported to
this office by the MN Department of Revenue, is $44,262.00.
In accordance with Minnesota Statutes, Section 275.078 the Hennepin County Auditor certifies the following:
1. The "levy certification tax levy" ofthe DISTRICT for taxes payable in 1999 is $18,606,702.00.
2. The taxable net tax capacity used to determine the proposed tax rates of the DISTRICT for taxes payable
in 2000 is 75,579,699.
3. The "1999 levy certification tax rate" for the DISTRICT is 24.62%.
Based upon the proposed levy for taxes payable in 2000 certified by the DISTRICT on or before
September 15, 1999:
,
• The proposed levy for taxes payable in 2000, less the amounts, known to our office, levied to pay general
obligation bonds and less the fiscal disparity area wide levy is $20,108,131.00.
• The taxable net tax capacity used to determine the proposed tax rates of the DISTRICT for taxes payable in
2000 is 75,579,699. -
• The estimated ''2000 levy certification tax rate" is 26.61 %.
Taxpayer Services Department
A-600 Hennepin County Government Center
Minneapolis, Minnesota 55487-0060
." ~ .
Recycled Paper
-------------------------------
Page 2, LCTR Certification for Pay 2000, 09/29/99
In order for the County Auditor to fix a tax rate based upon the proposed tax levy certified by the DISTRICT, a
resolution authorizing a higher levy certification tax rate must be ftIed with our office on or before
October 20, 1999.
e~2
Gloria Roybal
Deputy County Auditor
Tax Accounting Supervisor
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims OCTOBER 19,1999
SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development and Payment of Claims Vll Financial ServiceslDon Uram
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 80109 to 80584
Background Information
Attachments
13-0CT-1999 (11:49)
COUNCIL CHECK SUMMARY
DIVISION TOTAL
------------------------------------------------------------------------------------------------------------------------
N/A
LEGISLATIVE
LEGAL COUNSEL
CUSTOMER SERVICE
BENEFITS
TECHNOLOGY
FINANCE
HOMAN RESOURCES
COMMUNICATIONS
HOMAN SERV
RISK MANAGEMENT
WIRELESS COMMUNICATION
ENGINEERING
INSPECTIONS
FACILITIES
ASSESSING
POLICE
FIRE
ANIMAL CONTROL
STREETS/TRAFFIC
PARK MAINTENANCE
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
CAPITAL IMPROVEMENT PROGRAM
CITY CENTER
SPECIAL REVENUE FUNDS
PRAIRIE VILLAGE
PRAIRIEVIEW
CUB FOODS
TRUST FUNDS
WATER DEPT
SEWER DEPT
STORM DRAINAGE
AGENCY FUNDS
EQUIPMENT
$19.00
$630.69
$15,855.32
$6,659.56
$8,078.05
$21,484.13
$7.50
$253.73
$2,585.68
$562.50
$2,753.28
$14,570.13
$5,052.94
$25.00
$16,670.93
$265.04
$45,141.32
$224,511.69
$1,242.50
$4,950.54
$7,477.61
$314.00
$20,056.39
$2,495.50
$120.31
$12,185.47
$17.07
$5,822.94
$3,274.34
$5,210.01
$84.63
$246.40
$172.41
$280.48
$2,344.90
$199,691.23
$258,579.05
$82,333.63
$104,943.79
$600.87
$46,893.56
$51,689.94
$82,547.01
$33,600.00
$84,264.38
$209,603.27
$5,514.26
$6,647.94
$51,840.00
$1,650,170.92*
COUNCIL CHECK REGISTER
CHECK NO' CHECK AMOUNT
$73.80
$203.07
$24.00
$5,464.81
$84.63
VENDOR
AMOCO OIL COMPANY
AT&T
BCA CJIS ID UNIT
CB RICHARD ELLIS
HELLING, LAURIE
DESCRIPTION
MOTOR FUELS
TELEPHONE
PROFESSIONAL SERVICES
OTHER CONTRACTED SERVICES
MILEAGE AND PARKING
80110
80111
80112
80113
80114
80115
80116
80117
80118
80119
80120
80121
80122
80123
80124
80125
80126
80127
80128
80129
80130
80131
80132
80133
80134
80135
80136
80J.37
80139
80140
80141
80142
80143
80144
80J.45
80146
80J.47
80148
80149
80150
80151
80152
80153
80154
80155
80156
80157
80158
80159
80160
80161
80162
80163
80164
80165
$50.00 INTERNATIONAL ASSOCIATION OF A DUES & SUBSCRIPTIONS
$191. 70
$8.00
$35.00
$30.00
$9,226.83
$14.25
$30.00
$20.00
$6.00
$20.00
$44.00
$17.00
$30.00
$30.00
$30.00
$37.48
$30.00
$35.00
$30.00
$26.25
$48.90
$824.39
$2,774.85
$5,903.75
$2,480.17
$2,582.37
$2,800.20
$323.10
$202.35
$1,139.78
$4,862.75
$22.00
$45.33
$12.00
$6,397.94
$200.00
$200.00
$200.00
$200.00
$500.00
$6.50
$400.00
$49.0J.
$100.00
$26.25
$13.00
$59.04
$26.25
$6,025.73
KOTCHEVER, SUSAN
LASLEY, MARLYN
LUECKE, JONELL
LYNCH, ELIANORA
MASSACHUSETTS MUTUAL LIFE INSU
MCCORMICK, KELLY
MURRAY, SUSAN
OCH, JEFF
OLIVIER, JOAN
OSTLUND, REBECCA
POULIOT, JENNI
PRIES, BARBARA
SANYAL, PALLAB
TAYLOR, EILEEN
TRAUGHBER, KRISTIN & THOMAS
VAASSEN, ROSETTA
VETTER, MELISSA
TRAVEL
SR CITIZENS/ADULT PROG FEES
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
INSURANCE
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
SR CITIZENS/ADULT PROG FEES
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
LESSONS/CLASSES
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
SCHOOLS
ADULT/YOUTH/OUTDOOR CTR PROG
WELSCH, ROBERT ADULT/YOUTH/OUTDOOR CTR PROG
WO, FUBIN ADULT/YOUTH/OUTDOOR CTR PROG
ZIMMER, JEAN LESSONS/CLASSES
AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES
BELLBOY CORPORATION
DAY DISTRIBUTING
EAST SIDE BEVERAGE COMPANY
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
MARK VII
NORTH· STAR ICE
PEPSI COLA COMPANY
PHILLIPS WINE AND SPIRITS INC
THORPE DISTRIBUTING
BELLE PLAINE HISTORICAL SOCIET
BOCKMILLER, LAURIE
BYRON, .SUE
CORPORATE EXPRESS
COURTYARD MARRIOT
DATA COLLECTION SYSTEMS
EDEN PRAIRIE ASSEMBLY OF GOD
EDINA REALTY
ELK RIVER GERMAN BAND
ERICKSON, TESS
FAHEY, LARRY
FASEN, ART
FEDERAL RESERVE BANK OF MPLS
GASTERLAND, WENDY
HEIMER, RENEE
HENNEPIN COUNTY TREASURER
HIRSCHUBER, PEGGY
ICMA RETIREMENT TRUST-457
MISC NON-TAXABLE
BEER 6/12
BEER 6/12
MERCHANDISE FOR RESALE
MERCHANDISE FOR RESALE
BEER 6/12
MISC TAXABLE
MISC TAXABLE
MERCHANDISE FOR RESALE
BEER 6/12
SPECIAL EVENTS FEES
LESSONS/CLASSES
LESSONS/CLASSES
DEPOSITS
ROUND LAKE PAVILION
STARING LAKE BUILDING RENTAL
STARING LAKE BUILDING RENTAL
FACILITIES RENTAL
OTHER CONTRACTED SERVICES
ADULT/YOUTH/OUTDOOR CTR PROG
OTHER CONTRACTED SERVICES
OPERATING SUPPLIES-GENERAL
BOND DEDUCTION
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
WASTE DISPOSAL
LESSONS/CLASSES
DEFERRED COMP
13-0CT-1999 (11
PROGRAM
EQUIPMENT MAINTENANCE
GENERAL
FIRE
PRAIRIE VILLAGE LIQUOR #1
RECREATION ADMIN
POLICE
IN SERVICE TRAINING
SENIOR CENTER PROGRAM
FALL SKILL DEVELOP
FALL SKILL DEVELOP
PRAlRE VIEW LIQUOR #3
SUMMER SKILL DEVELOP
FALL SKILL DEVELOP
FALL SKILL DEVELOP
SENIOR CENTER PROGRAM
FALL SKILL DEVELOP
FALL SKILL DEVELOP
ICE ARENA
FALL SKILL DEVELOP
FALL SKILL DEVELOP
FALL SKILL DEVELOP
FITNESS CLASSES
FALL SKILL DEVELOP
FALL SKILL DEVELOP
FALL SKILL DEVELOP
POOL LESSONS
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #J.
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
PRAIRIE VILLAGE LIQUOR #1
SENIOR CENTER PROGRAM
ICE ARENA
OAK POINT LESSONS
ESCROW
PARK FACILITIES
PARK FACILITIES
PARK FACILITIES
OUTDOOR CTR PROGRAM
OCTOBERFEST
FALL SKILL DEVELOP
OCTOBERFEST
SR CTR OPERATIONS
FD 10 ORG
POOL LESSONS
FALL SKILL DEVELOP
PARK MAINTENANCE
OAK POINT LESSONS
FD 10 ORG
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
$24.18
$19.26
$6.50
$15.25
$8.00
$150.00
$50.00
$40.00
$200.00
$69.15
$16.00
$2,200.00
$200.00
VENDOR
KROC, REBECCA
LANENBERG, CYNTHIA
LUETH, JEFFREY
MANICOR, AMY
MCKAY, LYNI BURKE
MCLEOD COUNTY SHERIFFS DEPT.
MCPA
MINNESOTA TEAMSTERS CREDIT UNI
MTS
MUELLER, CYNTHIA
MYERS, JODI
NORTHERN STATES POWER CO
ONTRACK
DESCRIPTION
MILEAGE AND PARKING
OPERATING SUPPLIES-GENERAL
ADULT/YOUTH/OUTDOOR CTR PROG
LESSONS/CLASSES
SR CITIZENS/ADULT PROG FEES
DEPOSITS
LICENSES & TAXES
CREDIT UNION
ROUND LAKE PAVILION
OPERATING SUPPLIES-GENERAL
SR CITIZENS/ADULT PROG FEES
BUILDING
STARING LAKE BUILDING RENTAL
80166
80167
80168
80169
80170
80171
80172
801'73
80174
80175
80176
80177
80178
80179
80180
80181
80182
80183
80184
80185
80186
80187
80188
80189
80190
80191
80192
80193
80194
80195
80196
80197
80198
80199
80200
80201
80202
80203
80206
80207
80208
80209
80210
80211
80212
80213
80214
80215
80216
802J.7
80218
.80219
80220
80221
80222
$12,730.04 ORCHARD TRUST CO AS TRUSTEE/CU DEFERRED COMP
$4,518.72 PRUDENTIAL INSURANCE CO OF AME LIFE EMPLOYERS SHARE
$52,907.97
$350.00
$55.00
$100.00
$23.50
$55.00
$42.30
$36.00
$45.33
$40.00
$211,531.00
$28.32
$5.00
$5.00
$20.00
$20.00
$85.00
$193.09
$50.78
$29.00
$180.00
$3,820.50
$514.44
$1,242.44
$37.25
$2,571.31
$7,591.44
$5,439.99
$1,130.69
$764.79
$138.66
$110.00
$110.00
$1,384.88
$191.18
$1,578.32
$213.00
$6,158.90
$3,267.49
$52.47
PUBLIC EMPLOYEES RETIREMENT
S G EDELWEISS ST PAUL
SEIFERT, NANCY
PERA WITHHELD
OTHER CONTRACTED SERVICES
LESSONS/CLASSES
ST. LOUIS COUNTY SHERIFFS DEPT DEPOSITS
STOVRING, LESLIE
SWARD, AMY
WERTS, SANDY
WU, FUBIN
ZUCKER, CAROLYN
BOLD, PAULINE
EDEN PRAIRIE FIREFIGHTER'S REL
HARRIS, JEAN
JAMME, FRANCIS
KRISTOFFERSON, FRIEDA
LEONARD, LAURI
LIEBO, JOYCE
OELTJENBRUNS, MARK
PETTY CASH
PUBLIC EMPLOYEES RETIREMENT AS
SCHNEIDER, LLOYD
WESTACOTT, JOEL
WESTWOOD PROFESSIONAL SERVICES
WOLF CAMERA INC
JOHNSON BROTHERS LIQUOR CO
MARK VII
PAUSTIS & SONS COMPANY
PHILLIPS WINE AND SPIRITS INC
QUALITY WINE & SPIRTS CO
CARD SERVICES-BUSINESS CARD
CEMSTONE
KRAEMERS HARDWARE INC
MUNICI-PALS
REGISTRAR 3497/BR
SOUTHWEST CONTRACTORS SUPPLY
TARGET
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
NORTH STAR ICE
MILEAGE AND PARKING
LESSONS/CLASSES
SPECIAL EVENTS FEES
LESSONS/CLASSES
LESSONS/CLASSES
IMPROVEMENT CONTRACTS
PENSION PLANS
TRAVEL
ADULT/YOUTH/OUTDOOR CTR PROG
SR CITIZENS/ADULT PROG FEES
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
ADULT/YOUTH/OUTDOOR CTR PROG
EMPLOYEE AWARD
PERA WITHHELD
SR CITIZENS/ADULT PROG FEES
OTHER CONTRACTED SERVICES
IMPROVEMENT CONTRACTS
VIDEO SUPPLIES
MERCHANDISE FOR RESALE
MISC TAXABLE
WINE IMPORTED
MERCHANDISE FOR RESALE
MERCHANDISE FOR RESALE
CONFERENCE
ASPHALT OVERLAY
LANDSCAPE MTLS & AG SUPPL
CONFERENCE
CONFERENCE
REPAIR & MAINT SUPPLIES
SAFETY SUPPLIES
WINE IMPORTED
BEER 6/12
MERCHANDISE FOR RESALE
WINE DOMESTIC
MISC TAXABLE
13-0CT-1999 (11
PROGRAM
TEEN WORK PROGRAM
FIRE
FALL SKILL DEVELOP
POOL LESSONS
SENIOR CENTER PROGRAM
ESCROW
POLICE
FD 10 ORG
PARK FACILITIES
OAK POINT OPERATIONS
SENIOR CENTER PROGRAM
PRESERVE PARK K16
PARK FACILITIES
FD 10 ORG
BENEFITS
FD 10 ORG
OCTOBERFEST
FITNESS CLASSES
ESCROW
STORM DRAINAGE
FITNESS CLASSES
SENIOR CENTER PROGRAM
OAK POINT LESSONS
ICE ARENA
OUTDOOR CTR PROGRAM
FIRE
IN SERVICE TRAINING
OUTDOOR CTR PROGRAM
ADULT PROGRAM
OUTDOOR CTR PROGRAM
OUTDOOR CTR PROGRAM
OUTDOOR CTR PROGRAM
HUMAN RESOURCES
FD 10 ORG
SENIOR CENTER PROGRAM
OCTOBERFEST
TRAILS
COMMUNITY SERVICES
PRAIRE VIEW LIQUOR #3
PRAIRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
PRAIRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
POLICE
STREET MAINTENANCE·
STORM DRAINAGE
IN SERVICE TRAINING
IN SERVICE TRAINING
STORM DRAINAGE
HUMAN RESOURCES
PRAIRIE VILLAGE LIQUOR #1
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
COUNCIL CHECK REGISTER
CHECK NO, CHECK' AMOUNT VENDOR DESCRIPTION
80223
80224
80225
80226
80227
80228
80229
80230
80231
80232
80233
80234
80235
80236
80237
80238
80239
80240
80241
80242
80243
80244
80245
80246
80247
80248
80249
80250
80251
80252
80253
80254
80255
80256
80257
80258
80259
80260
80261
80262
80263
80264
80265
80266
80267
80268
80269
80270
80271
80272
80273
80274
80275
80276
80277
$47.67
$1,552.58
$426.80
$45.50
$2.33
$217.31
$345.75
$15,855.32
$37.22
$66.43
$100.00
$229.75
$11.65
$20.00
$5,159.21
$243.78
$1,275.20
$148.00
$8,227.50
$607.23
$1,097.26
$1,448.88
$3,830.53
$70.20
$534.56
$254.64
$7,338.50
$107.75
$1,147.H
$359.67
$136.90
$215.03
$74.40
$33,264.00
$25.48
$50.43
$123.37
$25.00
$112.97
$4,725.60
$48.90
$3,663.70
$1,408.68
$75.85
$1,508.15
$200.35
$1,858.30
$4,696.50
PHILLIPS WINE AND SPIRITS INC
PRIOR WINE COMPANY
WORLD CLASS WINES INC
GENERAL SPRINKLER
KRAEMERS HARDWARE INC
KRESS, CARLA
LAKE STATE REMODELERS
WINE IMPORTED
WINE DOMESTIC
WINE IMPORTED
FIRE PREVENTION PERMIT
OPERATING SUPPLIES-GENERAL
MILEAGE AND PARKING
BUILDING PERMIT
LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE
METRO ATHLETIC SUPPLY OPERATING SUPPLIES-GENERAL
NORTHERN STATES POWER CO
OUTBACK STEAKHOUSE
PANELCRAFT
PARAGON CABLE
STATE OF MINNESOTA
US WEST COMMUNICATIONS
WILSON, TAMARA
ELECTRIC
AWARDS
BUILDING PERMIT
CABLE TV
LICENSES & TAXES
TELEPHONE
TRAVEL
BELLBOY CORPORATION MERCHANDISE FOR RESALE
DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12
EAST SIDE BEVERAGE COMPANY
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
LAKE REGION VENDING
MARK VII
NORTH STAR ICE
PHILLIPS WINE AND SPIRITS INC
PRIOR WINE COMPANY
THORPE DISTRIBUTING
WINE MERCHANTS INC
CEMSTONE
CHANHASSEN LAWN AND SPORTS
COPY EQUIPMENT INC
KRAEMERS HARDWARE INC
LANENBERG, CYNTHIA
METROPOLITAN COUNCIL
NORDBY, BARB
OLSON, COURTNEY
SOUTHWEST CONTRACTORS SUPPLY
BEER 6/12
BEER 6/12
MERCHANDISE FOR RESALE
TOBACCO PRODUCTS
BEER 6/12
MISC TAXABLE
WINE DOMESTIC
WINE DOMESTIC
BEER 6/12
WINE DOMESTIC
ASPHALT OVERLAY
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
MILEAGE AND PARKING
DUE TO OTHER GOVNT UNITS
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
REPAIR & MAINT SUPPLIES
STATE OF MINNESOTA BOARD OF EL OPERATING SUPPLIES-GENERAL
US WEST COMMUNICATIONS TELEPHONE
WESTWOOD PROFESSIONAL SERVICES OTHER CONTRACTED SERVICES
AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES
DAY DISTRIBUTING BEER 6/12
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
MARK VII
MERCHANDISE FOR RESALE
MERCHANDISE FOR RESALE
BEER 6/12
MIDWEST COCA COLA BOTTLING COM MISC TAXABLE
THORPE DISTRIBUTING BEER 6/12
CARL BOLANDER & SONS ASPHALT OVERLAY
$25.00 COUNTY OF MCLEOD
$471.55 DELEGARD TOOL CO
$30.43 KRAEMERS HARDWARE INC
$350.12 LIONS TAP
OPERATING SUPPLIES-GENERAL
SMALL TOOLS
REPAIR & MAINT SUPPLIES
OPERATING SUPPLIES-GENERAL
$1,172.96
$158.9,7
$128.97
MINN CHILD SUPPORT PAYMENT CTR GARNISHMENT WITHHELD
MINNEGASCO GAS
PETTY CASH-POLICE DEPT POSTAGE
13 -OCT-1999 (11
PROGRAM
PRAIRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
PRAIRIE VILLAGE LIQUOR #1
Fe 10 ORG
PARK MAINTENANCE
ADAPTIVE RECREATION
Fe 10 ORG
LEGAL COUSEL
PARK MAINTENANCE
TRAFFIC SIGNALS
BOCCE
Fe 10 ORG
COMMUNITY SERVICES
WATER TREATMENT PLANT
GENERAL
IN SERVICE TRAINING
PRAIRIE VILLAGE LIQUOR #1
PRAlRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
PRAIRIE VILLAGE LIQUOR #1
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAlRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
TRAILS
TREE REMOVAL
ENGINEERING DEPT
FIRE
FIRE
SAC AGENCY FUND
ARTS
DAY CAMP
WATER SYSTEM MAINTENANCE
INSPECTION-ADMIN
GENERAL
ENGINEERING DEPT
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
SMENTANA LAKE PROJECT
ENGINEERING DEPT
EQUIPMENT MAINTENANCE
GENERAL BUILDING FACILITIES
FIRE
Fe 10 ORG
WATER WELL # 13
GENERAL
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
$975.00
$19.00
$1,250.00
$712.00
$1,091.22
$243.36
$678.86
$29.54
$45.00
$892.00
$63.36
$99.00
$2.88
$40.50
$32.00
$2,495.61
$23.00
$536.25
$120.00
$100.00
$28.00
$7.50
$100.80
$26.25
VENDOR
ST THOMAS, UNIVERSITY OF
SWANS EN , BONNE
WEST SUBURBAN MEDIATION CENTER
DAY DISTRIBUTING
JOHNSON BROTHERS LIQUOR CO
NORTH STAR ICE
PHILLIPS WINE AND SPIRITS INC
AT&T
BROOKS, LYNN
CHANHASSEN DINNER THEATRE
HEBELER, MARTY
JEFF STRATE TELEVISION VIDEO
KRAEMERS HARDWARE INC
KUNZ, JULIE
LYNCH, ELIANORA
MARK VII
MINNESOTA DEPT OF HEALTH
MINNESOTA VALLEY ELECTRIC COOP
MINNESOTA, STATE OF
NECHAS, MARJORIE
OTTUM, GERALYN
RICHFIELD, CITY OF
ROBICHONS THE IN-LINE SKATE SC
SZARZYNSKI, GAIL
DESCRIPTION
CONFERENCE
ADULT/YOUTH/OUTDOOR CTR PROG
PROFESSIONAL SERVICES
BEER 6/12
MERCHANDISE FOR RESALE
MISC TAXABLE
MERCHANDISE FOR RESALE
TELEPHONE
LESSONS/CLASSES
SPECIAL EVENTS FEES
FAMILY RESIDENT MEMBERSHIP
OTHER CONTRACTED SERVICES
OPERATING SUPPLIES-GENERAL
LESSONS/CLASSES
LESSONS/CLASSES
BEER 6/12
LICENSES & TAXES
ELECTRIC
PROFESSIONAL SERVICES
SR CITIZENS/ADULT PROG FEES
LESSONS/CLASSES
OPERATING SUPPLIES-GENERAL
INSTRUCTOR SERVICE
LESSONS/CLASSES
80278
80279
80280
80281
80282
80283
80284
80285
80286
80287
80288
80289
80290
80291
80292
80293
80294
80295
80296
80297
80298
80299
80300
80301
80302
80303
80304
80305
80306
80307
80308
80309
80310
80311
80312
80313
80314
80315
80316
80317
80318
80319
80320
80321
80322
80323
80324
80325
80326
80327
80328
80329
80330
80331
80332
$294.11 US WEST COMMUNICATIONS TELEPHONE
$9.66
$110.90
$42.00
$82.90
$974.90
$13,606.65
$460.00
$8,389.51
$64.62
$75.15
$2,970.64
$1,153.63
$131. 58
$158.00
$60.88
$16.00
$100.34
$200.00
$65.00
$105,092.69
$448.79
$25.00
$55.00
$900.00
$35.00
$173.00
$99.25
$148.25
$66.71
$20.0.0
WARD, GALE
WASTE MANAGEMENT-SAVAGE MN
YOST, DAWN
AMERIPRIDE LINEN & APPAREL SER
DAHLHEIMER DISTRIBUTING COMPAN
EAST SIDE BEVERAGE COMPANY
GRAPE BEGINNINGS
JOHNSON BROTHERS LIQUOR CO
NORTH STAR ICE
PEPSI COLA COMPANY
PHILLIPS WINE AND SPIRITS INC
QUALITY WINE & SPIRTS CO
BEST WESTERN KELLY INN
CE&D
CONRAD, SPENCER
DITTER INC.
EHRICH, CAMILLE
HENNEPIN COUNTY SHERIFFS DEPT.
HENNEPIN COUNTY SHERIFFS OFFIC
HENNEPIN COUNTY TREASURER
HOLIDAY INN ST CLOUD
LESSONS/CLASSES
OTHER CONTRACTED SERVICES
LESSONS/CLASSES
OTHER CONTRACTED SERVICES
BEER 6/12
BEER 6/12
WINE IMPORTED
MERCHANDISE FOR RESALE
MISC TAXABLE
MISC TAXABLE
WINE IMPORTED
MERCHANDISE FOR RESALE
TRAVEL
SCHOOLS
OPERATING SUPPLIES-GENERAL
CASH OVER/SHORT
LESSONS/CLASSES
PROFESSIONAL SERVICES
SCHOOLS
LICENSES & TAXES
TRAVEL
IPMA MINNESOTA DUES & SUBSCRIPTIONS
LOFRANO, TAMMY SCHOOLS
MINNEAPOLIS FINANCE DEPARTMENT TRAINING SUPPLIES
NORTON, LIND
OLSON, KEITH
PANELCRAFT
PUFF, TOM
SCHENDEL, KURT
ULRICH, MELINDA
ADULT/YOUTH/OUTDOOR CTR PROG
EMPLOYEE AWARD
BUILDING PERMIT
ACCTS REC-CUSTOMER
EMPLOYEE AWARD
ADULT/YOUTH/OUTDOOR CTR PROG
13-0CT-1999 (11
PROGRAM
IN SERVICE TRAINING
SUMMER SKILL DEVELOP
COMMUNITY SERVICES
LIQUOR STORE CUB FOODS
PRAlRE VIEW LIQUOR #3
PRAlRE VIEW LIQUOR #3
PRAIRE VIEW LIQUOR #3
WATER UTILITY-GENERAL
OAK POINT LESSONS
ADULT PROGRAM
COMMUNITY CENTER ADMIN
ENVIRONMENTAL EDUCATION
TRAFFIC SIGNALS
ICE ARENA
FITNESS CLASSES
LIQUOR STORE CUB FOODS
WATER UTILITY-GENERAL
SEWER LIFTSTATION
POLICE
ADULT PROGRAM
FITNESS CLASSES
EQUIPMENT MAINTENANCE
SUMMER SKILL DEVELOP
OAK POINT LESSONS
LIQUOR STORE CUB FOODS
ICE ARENA
LIQUOR STORE CUB FOODS
FITNESS CLASSES
PRAIRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAlRE VIEW LIQUOR #3
POLICE
POLICE
FIRE
FD 10 ORG
ICE ARENA
POLICE
POLICE
CITY CENTER OPERATING COSTS
FIRE
IN SERVICE TRAINING
FITNESS CLASSES
FIRE
SPECIAL EVENTS/TRIPS
HUMAN RESOURCES
FD 10 ORG
WATER DEPT
HUMAN RESOURCES
FALL SKILL DEVELOP
COUNCIL CHECK REGISTER
CHECK NO. CHECK. AMOUNT VENDOR DESCRIPTION
80333
80334
80335
80336
80337
80338
80339
80340
80341
80342
80343
80344
80345
80346
80347
80348
80349
80350
80351
80352
80353
80354
80355
80356
80357
80358
80359
80360
80361
80362
80363
80364
80365
80366
80367
80368
80369
80371
80372
80373
80374
80375
80376
80377
80378
80379
80380
80381
80382
80383
80384
'80385
80386
80387
80388
$51.71 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES
$1,232.35
$1,098.75
$2,712.40
$1,955.80
$10,654.04
$3,920.00
$1,403.93
$4,232.71
$365.64
$14.70
$361. 34
$543.25
$485.27
$5,318.96
$7,830.10
$631.84
$155.00
$27,040.00
$50.00
$77.13
$50.65
$23.30
$6,050.73
$398.32
$112,376.35
$40.00
$249.00
$12,730.04
$85.98
$51,591.34
$50.78
$2,494.01
$110.67
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WINE COMPANY
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
KELLER FENCE COMPANY
LAKE REGION VENDING
MARK VII
PAUSTIS & SONS COMPANY
PEPSI COLA COMPANY
PHILLIPS WINE AND SPIRITS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALITY WINE & SPIRTS CO
THORPE DISTRIBUTING
TRUXSTOR, THE
DIETZ, EUGENE
EDEN PRAIRIE, CITY OF
FEDERAL RESERVE BANK OF MPLS
GElS, ROB
GENUINE PARTS COMPANY
HEBERT, JANENE
ICMA RETIREMENT TRUST-457
lOS CAPITAL
MEDICA CHOICE
MINNESOTA TEAMSTERS CREDIT UNI
MERCHANDISE FOR RESALE
BEER 6/12
WINE IMPORTED
MERCHANDISE FOR RESALE
MERCHANDISE FOR RESALE
CONTRACTED BLDG REPAIRS
TOBACCO PRODUCTS
BEER 6/12
WINE IMPORTED
MISC TAXABLE
WINE DOMESTIC
TOBACCO PRODUCTS
WINE IMPORTED
MERCHANDISE FOR RESALE
BEER 6/12
WINE DOMESTIC
DUES & SUBSCRIPTIONS
SYSTEM ACCESS-WATER
BOND DEDUCTION
OPERATING SUPPLIES-GENERAL
EQUIPMENT PARTS
MILEAGE AND PARKING
DEFERRED COMP
RENTALS
COBRA COSTS/REV
CREDIT UNION
NCPERS GROUP LIFE INSURANCE LIFE INSURANCE W/H
ORCHARD TRUST CO AS TRUSTEE/CU DEFERRED COMP
PROTECTION ONE CONTRACTED REPAIR & MAINT
PUBLIC EMPLOYEES RETIREMENT PERA WITHHELD
PUBLIC EMPLOYEES RETIREMENT AS PERA WITHHELD
RELIASTAR LIFE INSURANCE CO DISABILITY IN EMPLOYERS
STOVRING, LESLIE MILEAGE AND PARKING
$40.00 TELEPHONE ANSWERING CENTER INC OTHER CONTRACTED SERVICES
$1,065.60
$1,194.96
$538.87
$37.82
$631.84
$349.25
$69.86
$442.74
$638.75
$361.79
$840.00
$92.00
$3,009.60
$80.28
$404.22
$58.91
$183.00
$974.31
$967.53
$600.30
UNITED WAY
US WEST COMMUNICATIONS
WASTE MANAGEMENT-SAVAGE MN
WEEDMAN, NICOLE
PRIOR WINE COMPANY
PHILLIPS. WINE AND SPIRITS INC
RICHARDSON, JIM
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD CLASS WINES INC
3M XAZ5340
AAA LAMBERTS LANDSCAPE PRODUCT
ACE BLACKTOP INC.
ACTION THREADED PRODUCTS·
ADT SECURITY SYSTEMS INC
ALTERNATIVE BUSINESS FURNITURE
AMERICAN WATER WORKS ASSOCIATI
ANCHOR PAPER COMPANY
APRES
AQUA ENGINEERING INC
UNITED WAY WITHHELD
TELEPHONE
WASTE DISPOSAL
MILEAGE AND PARKING
WINE IMPORTED
WINE DOMESTIC
PROFESSIONAL SERVICES
WINE DOMESTIC
WINE DOMESTIC
WINE IMPORTED
MISC FIRE EQUIPMENT
LANDSCAPE MTLS & AG SUPPL
PATCHING ASPHALT
REPAIR & MAINT SUPPLIES
OTHER CONTRACTED SERVICES
REPAIR & MAINT SUPPLIES
TRAINING SUPPLIES
OFFICE SUPPLIES
EQUIPMENT RENTAL
CONTRACTED BLDG REPAIRS
7
13-0CT-1999 (11
PROGRAM
PRAIRIE VILLAGE LIQUOR #1
PRAlRE VIEW LIQUOR #3
PRAIRIE VILLAGE LIQUOR #1
PRAIRIE VILLAGE LIQUOR #1
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
WATER TREATMENT PLANT
LIQUOR STORE CUB FOODS
PRAIRE VIEW LIQUOR #3
PRAlRE VIEW LIQUOR #3
PRAIRE VIEW LIQUOR #3
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
LIQUOR STORE CUB FOODS
LIQUOR STORE CUB FOODS
PRAIRIE VILLAGE LIQUOR #1
ENGINEERING DEPT
UTILITY RESERVE
FD 10 ORG
POLICE
EQUIPMENT MAINTENANCE
ASSESSING-ADMIN
FD 10 ORG
FIRE
BENEFITS
FD 10 ORG
FD 10 ORG
FD 10 ORG
CUMMINS/GRILL
FD 10 ORG
FD 10 ORG
FD 10 ORG
STORM DRAINAGE
WATER TREATMENT PLANT
FD 10 ORG
MILLER PARK
EATON BLDG
PROGRAM SUPERVISOR
PRAIRIE VILLAGE LIQUOR #1
PRAIRIE VILLAGE LIQUOR #1
POLICE
LIQUOR STORE CUB FOODS
PRAlRE VIEW LIQUOR #3
PRAIRE VIEW LIQUOR #3
FIRE
STORM DRAINAGE
TRAILS
WATER SYSTEM MAINTENANCE
WATER TREATMENT PLANT
EP CITY CTR OPERATING COSTS
WATER TREATMENT PLANT
GENERAL
SUNBONNET DAYS
WATER TREATMENT PLANT
COUNCIL CHECK REGISTER
CHECK NO CHECK.AMOUNT
80389
80390
80391
80392
80393
80394
80395
80396
80397
80398
80399
80400
80401
80402
80403
80404
80405
80406
80407
80408
80409
80410
80411
80412
80413
80414
80415
80416
80417
80418
80419
80420
80421
80422
80423
80424
80425
80426
80427
80428
80429
80430
80431
80432
80433
80434
80435
80436
80437
80438
80439
80440
80441
80442
80443
$1,786.22
$124.61
$304.00
$4,793.00
$2,343.25
$33.49
$255.00
$1,532.78
$110.10
$809.40
$98.50
$288.50
$533.13
$1,090.00
$51,840.00
$472.00
$319.39
$8,242.54
$260.00
$405.00
$964.81
$2,883.65
$506.00
$65.95
$263.91
$1,567.86
$5,770.89
$380.80
$97.20
$172.34
$332.15
$5,625.00
$609.54
$155.05
$3,774.51
$569.05
$9,940.73
$165.10
$637.50
$3,989.00
$226.96
$613.44
$4,010.94
$447.01
$3,204.06
$990.00
$325.00
$1,033.22
$154.92
$101.54
$1,253.26
$233.66
$282.13
$25.00
$2,179.7'4
VENDOR
ARCH PAGING
AUTO ELECTRIC SPECIALISTS
AUTOMATIC SYSTEMS CO.
AWWA
BAD-BRAZ TRUCKING INC.
BAN-KOE SYSTEMS INC
BARTEL, JOANNE
BAUER BUILT TIRE AND BATTERY
BECKER ARENA PRODUCTS INC
BENIEK, BRIAN
BERRY COFFEE COMPANY
BIFFS INC
BLOOMINGTON LOCK AND SAFE*
BLOOMINGTON, CITY OF
BOYER FORD TRUCKS
BRAUN INTERTEC CORPORATION
CABELAS RETAIL INC.
CAPITOL COMMUNICATIONS
CARLSON, KAREN
CARTEGRAPH SYSTEMS INC
CATCO CLUTCH & TRANSMISSION SE
CENTRAlRE INC
CHANHASSEN BUMPER TO BUMPER
CHANHASSEN LAWN AND SPORTS
CLARKLIFT OF MINNESOTA INC
CLEAN SWEEP INC
COMMERCIAL ASPHALT CO
CONCRETE CUTTING & CORING INC
CONNEY SAFETY PRODUCTS
DESCRIPTION
COMMUNICATIONS
CONTRACTED REPAIR & MAINT
CONTRACTED EQUIP REPAIR
DUES & SUBSCRIPTIONS
BUILDING
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
EQUIPMENT PARTS
REPAIR & MAINT SUPPLIES
GROtrnDS MAINTENANCE
OPERATING SUPPLIES-GENERAL
WASTE DISPOSAL
SMALL TOOLS
KENNEL SERVICE
AUTOS
OTHER CONTRACTED SERVICES
CLOTHING & UNIFORMS
CONTRACTED REPAIR & MAINT
CLOTHING & UNIFORMS
CONTRACTED REPAIR & MAINT
EQUIPMENT PARTS
CONTRACTED BLDG MAINT
EQUIPMENT PARTS
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
OTHER CONTRACTED SERVICES
ASPHALT OVERLAY
SMALL TOOLS
SAFETY SUPPLIES
CONSTRUCTION MATERIALS INC REPAIR & MAINT SUPPLIES
CONVERGENT COMMUNICATIONS SRVC TELEPHONE
CORNERSTONE
CORPORATE EXPRESS
CROSIBLE INC.
CROSS NURSERIES INC.
CUB FOODS EDEN PRAIRIE
CUTLER-MAGNER COMPANY
CY'S UNIFORMS
CYBERTROL ENGINEERING
DALCO ROOFING & SHEET METAL IN
DALCO
DALE GREEN COMPANY, THE
DANKO EMERGENCY EQUIPMENT CO
DECORATIVE DESIGNS INC
DELTA EDUCATION INC
DEPARTMENT OF PUBLIC SAFETY
DIETHELM, GARY
DISCOUNT SCHOOL SUPPLY
DRISKILLS NEW MARKET
DYNA SYSTEMS
EARL F ANDERSEN INC
ECOLAB INC
ECONOMY HANDICRAFTS
EDEN PRAIRIE NEWS
EDEN PRAIRIE SCHOOL DISTRICT N
PROFESSIONAL SERVICES
OFFICE SUPPLIES
CLEANING SUPPLIES
LANDSCAPE MTLS & AG SUPPL
OPERATING SUPPLIES-GENERAL
CHEMICALS
RESERVE EQUIPMENT
OTHER CONTRACTED SERVICES
REPAIR & MAINT SUPPLIES
CLEANING SUPPLIES
ASPHALT OVERLAY
PROTECTIVE CLOTHING
RENTALS
OPERATING SUPPLIES-GENERAL
CONTRACTED COMM MAINT
OPERATING SUPPLIES-GENERAL
REC EQUIP & SUPPLIES
OPERATING SUPPLIES-GENERAL
REPAIR & MAINT SUPPLIES
SIGNS
CONTRAC'I'ED BLDG MAINT
REC EQUIP & SUPPLIES
OPERATING SUPPLIES-GENERAL
TRANSPORTATION
13-0CT-1999 (ll
PROGRAM
WIRELESS COMMUNICATION
EQUIPMENT MAINTENANCE
WATER TREATMENT PLANT
WATER UTILITY-GENERAL
FACILITIES-CITY CENTER REMODEL
COMMUNITY CENTER ADMIN
SENIOR WEB SITE
EQUIPMENT MAINTENANCE
ICE ARENA
FIRE STATION #1
FIRE
PARK MAINTENANCE
GENERAL BUILDING FACILITIES
ANIMAL WARDEN PROJECT
p/S·REVOLVING FD
WATER TREATMENT PLANT
POLICE
WIRELESS COMMUNICATION
FIRE
INFORMATION SYSTEM
EQUIPMENT MAINTENANCE
EATON BLDG
EQUIPMENT MAINTENANCE
STREET MAINTENANCE
WATER TREATMENT PLANT
COMMUNITY CENTER
TRAILS
STREET MAINTENANCE
SAFETY
STORM DRAINAGE
GENERAL
POLICE
POLICE
WATER TREATMENT PLANT
STORM DRAINAGE
FIRE
WATER TREATMENT PLANT
POLICE
WATER UTILITY-GENERAL
EPCC MAINTENANCE
EPCC MAINTENANCE
STREET MAINTENANCE
FIRE
EP CITY CTR OPERATING COSTS
ENVIRONMENTAL EDUCATION
INFORMATION SYSTEM
CEMETERY OPERATION
SUMMER SKILL DEVELOP
POLICE
WATER TREATMENT PLANT
TRAFFIC SIGNS
FIRE STATION #1
ACTIVITY CAMP
REC SUPERVISOR
TEEN WORK PROGRAM
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION
S0444
S0445
S0446
S0447
S044S
S0449
S0450
S0451
S0452
S0453
S0454
S0455
S0457
S045S
S0459
S0460
S0461
S0462
S0463
S0464
S0465
S0466
S0467
S046S
S0469
S0470
S0471
S0472
S0473
S0474
S0475
S0476
S0477
S047S
S0479
S04S0
S04S1
S04S2
S04S3
S04S4
S04S5
S04S6
S04S7
S04S8
S0489
S0490
80491
S0492
80493
S0494
.80495
80496
80497
S0498
S0499
$4,142.38 EF JOHNSON RADIOS
$16,455.00 ESCOM SOFTWARE SERVICES LTD. COMPUTERS
$73.34 EXECUTIVE OFFICE CONCEPTS LTD. LOGIS SERVICE
$15,487.11 FACILITY SYSTEMS INC MISC FIRE EQUIPMENT
$39S.99 FIBRCOM-MN COMMUNICATIONS
$26,S3S.00 FIELDWORKS INC COMPUTERS
$31.15 FIRE INSTRUCTORS ASSOCIATION 0 SCHOOLS
$591.SS G & K SERVICES-MPLS INDUSTRIAL OPERATING SUPPLIES-GENERAL
$45.00 GALAXY COMPUTER SERVICES
$319.4S GANDER MOUNTAIN
CONTRACTED REPAIR & MAINT
OPERATING SUPPLIES-GENERAL
$3,S:lS.36
$1,785.40
$73.3S
$1,425.70
$54S.00
$36S.37
$7.56
GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES
GENUINE PARTS COMPANY EQUIPMENT PARTS
GINA MARIAS INC OPERATING SUPPLIES-GENERAL
GOLD COUNTRY INC SIGNATURE CON CLOTHING & UNIFORMS
GREAT AMERICAN BUSINESS PRODUC PRINTING
GREAT RIVER ENERGY OPERATING SUPPLIES-GENERAL
HANCE COMPANIES EQUIPMENT PARTS
$S,405.93 HARTLAND FUEL PRODUCTS LLC MOTOR FUELS
$1,303.71 HENNEPIN COUNTY SHERIFF'S ACCT BOARD OF PRISONERS SVC
$S7.50
$5,053.50
$16S.00
$104.50
$436.65
$S9.75
$711. 00
$2,OSO.00
$90.00
$2,OS6.09
$459.20
$76S.66
$59S.23
$265.90
$55.00
$200.00
$2,243.4S
$1,292.86
$179.3S
$503.75
$152.50
$25.13
$443.71
$631.50
$1,112.21
$733.S0
$7.00
$156.00
$146.57
$409.50
$1,429.70
$844.56
$64,36S.00
$44.56
$361.00
$562.50
HENNEPIN COUNTY TREASURER OTHER CONTRACTED SERVICES
HENNEPIN COUNTY TREASURER -AC BOARD OF PRISONERS SVC
HENNEPIN PARKS INSTRUCTOR SERVICE
HIGLEY, STEVE OTHER CONTRACTED SERVICES
HIRSHFIELDS PAINT MANUFACTURIN OPERATING SUPPLIES-GENERAL
HODGES BADGE COMPANY INC
HOLMES, JOHN CARTER
HONEYWELL INC
IKI
INACOM CENTRAL AREA
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
OTHER CONTRACTED SERVICES
INSTRUCTOR SERVICE
COMPUTERS
INDUSTRIAL LIGHTING SUPPLY INC BLDG REPAIR & MAINT
INFRATECH
INTERSTATE DETROIT DIESEL INC
J H LARSON ELECTRICAL COMPANY
J W PEPPER OF MINNEAPOLIS
J W PEPPER OF MINNEAPOLIS
J.A. PRICE AGENCY INC.
JANEX INC
EQUIPMENT PARTS
CONTRACTED REPAIR & MAINT
REPAIR & MAINT SUPPLIES
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
INSURANCE
CLEANING SUPPLIES
JOHN HENRY FOSTER MINNESOTA IN CONTRACTED EQUIP REPAIR
JOHNSON CONTROLS CONTRACTED BLDG REPAIRS
KEN ANDERSEN TRUCKING
KINKOS INC
LAB SAFETY SUPPLY INC
LAKE COUNTRY DOOR
LAKELAND FORD TRUCK SALES
LAMETTRYS COLLISION
LOFFLER BUSINESS SYSTEMS INC
LUBRICATION TECHNOLOGIES INC
M&N INT'L
MAROTTA, VIC
MASYS CORPORATION
MAXI-PRINT INC
McFARLAND CONSTRUCTION COMPANY
MCGLYNN BAKERIES
MCGREGOR, RANDY
MEALS ON WHEELS
PROFESSIONAL SERVICES
OPERATING SUPPLIES-GENERAL
SAFETY SUPPLIES
CONTRACTED BLDG REPAIRS
EQUIPMENT PARTS
CONTRACTED REPAIR & MAINT
CONTRACTED REPAIR & MAINT
LUBRICANTS & ADDITIVES
OPERATING SUPPLIES-GENERAL
INSTRUCTOR SERVICE
CONTRACTED COMM MAINT
PRINTING
BUILDING
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
PROFESSIONAL SERVICES
13-0CT-1999 (11
PROGRAM
WIRELESS COMMUNICATION
INFORMATION SYSTEM
INFORMATION SYSTEM
FIRE
WIRELESS COMMUNICATION
POLICE
FIRE
PARK MAINTENANCE
INFORMATION SYSTEM
POLICE
ICE ARENA
EQUIPMENT MAINTENANCE
POLICE
FIRE
Parking
WATER UTILITY-GENERAL
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
POLICE
COMMUNITY DEVELOPMENT
POLICE
DAY CAMP
VOLLEYBALL
PARK MAINTENANCE
SUNBONNET DAYS
SOFTBALL
WATER TREATMENT PLANT
SENIOR CENTER PROGRAM
INFORMATION SYSTEM
WATER TREATMENT PLANT
SEWER SYSTEM MAINTENANCE
EQUIPMENT MAINTENANCE
FIRE STATION #2
ART & MUSIC
ART & MUSIC
SAFETY
SENIOR CENTER
WATER TREATMENT PLANT
WATER TREATMENT PLANT
ANIMAL WARDEN PROJECT
OCTOBERFEST
SAFETY
EATON BLDG
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
POLICE
EQUIPMENT MAINTENANCE
OCTOBERFEST
FALL SKILL DEVELOP
INFORMATION SYSTEM
POLICE
FACILITIES-CITY CENTER REMODEL
SENIOR CENTER PROGRAM
SOFTBALL
HOUSING, TRANS, & SOC SVC
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT VENDOR DESCRIPTION
80500
80501
80502
80503
80504
80505
80506
80507
80508
80510
80511
80512
80513
805H
80515
80516
80517
80518
80519
80520
80521
80522
80523
80524
80525
80526
80527
80528
80529
80530
80531
80532
80533
80534
80535
80536
80537
80538
80539
80540
80541
80542
80543
80544
80545
80546
80547
80548
80549
80550
80551
80552
80553
80554
80555
$3,038.25
$267.81
$38.35
$173.79
$92.13
MEDICINE LAKE TOURS
MENARDS
MERLINS ACE HARDWARE
METRO RESOURCES UNLIMITED-WEST
METRO SALES INCORPORATED*
SPECIAL EVENTS FEES
OPERATING SUPPLIES-GENERAL
REPAIR & MAINT SUPPLIES
OTHER CONTRACTED SERVICES
OPERATING SUPPLIES-GENERAL
$207,684.34 METROPOLITAN COUNCIL ENVIRONME WASTE DISPOSAL
$130.90 METROPOLITAN FORD
$701. 22 MIDAS
$4,480.77 MIDWEST ASPHALT CORPORATION
$9,029.35 MINGER CONSTRUCTION INC
EQUIPMENT PARTS
CONTRACTED REPAIR & MAINT
WASTE BLACKTOP/CONCRETE
IMPROVEMENT CONTRACTS
$99.98 MINNESOTA CONWAY CONTRACTED REPAIR & MAINT
$304.11 MINNESOTA VIKINGS FOOD SERVICE MISCELLANEOUS
$175.00
$2,434.90
$841. 96
$107.86
$289.48
$608.00
$23.40
$372 .56
$41.12
$51. 85
$1,137.75
$81. 90
·$5,820.00
$519.23
$746.14
$1,577.85
$128.00
$282.82
$346.98
$25.90
$10.86
$298.82
$266.54
$359.76
$232.32
$78.31
$39,843.06
$206.60
$110.24
$125.00
$265.90
$111.00
$750.00
$231.12
$97.38
$198.62
$469.02
$1,108.73
$313.00
MINT CONDITION DETAILING
MITY-LITE INC
MOORE MEDICAL CORP
MTI DISTRIBUTING CO
NCR CORPORATION
NEUMANN, NEAL
NORTHERN TOOL & EQUIPMENT CO.
OHLIN SALES
OLSEN CHAIN & CABLE CO INC
PAPER DIRECT INC
PEPSI COLA COMPANY
PHYSICIANS' DE~K REFERENCE
PLEHAL BLACKTOPPING INC
PRAIRIE ELECTRIC COMPANY
PRAIRIE OFFSET PRINTING
PRECISION PAVEMENT MARKING
PRINTERS SERVICE INC
PROMOTION GROUP, THE
PROTECTION ONE
QUALITY FLOW SYSTEMS INC
RAINBOW FOODS -CHARGES
RDO EQUIPMENT CO
REBS MARKETING
RICHARDS ASPHALT COMPANY
RIGID HITCH INCORPORATED
RITZ CAMERA
RMR SERVICES INC
ROADRUNNER TRANSPORTATION INC
ROBOTRONtCS INC
ROOT 0 MATIC
SALLY DISTRIBUTORS
SALONEK, SHARON
SENSUS TECHNOLOGIES INC
SETlNA MFG. CO. INC.
SHERWIN WILLIAMS
SIR SPEEDY
SNAP-ON TOOLS
SOUTHWEST SUBURBAN PUBLISHING-
SPORT SUPPLY GROUP YOUTH DIVIS
$107.46 ST JOSEPH EQUIPMENT INC
$221.83 STATE CHEMICAL MFG CO, THE
$174.6.6 STRAND MANUFACTURING CO INC
$697.65 STREICHERS
CONTRACTED REPAIR & MAINT
FURNITURE & FIXTURES
SAFETY SUPJiiLIES
EQUIPMENT PARTS
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
REPAIR & MAINT SUPPLIES
OPERATING SUPPLIES-GENERAL
REPAIR & MAINT SUPPLIES
OPERATING SUPPLIES-GENERAL
MERCHANDISE FOR RESALE
SAFETY SUPPLIES
CONTRACTED REPAIR & MAINT
REPAIR & MAINT SUPPLIES
PRINTING
OTHER CONTRACTED SERVICES
REPAIR & MAINT SUPPLIES
SAFETY SUPPLIES
OTHER CONTRACTED SERVICES
EQUIPMENT PARTS
OPERATING SUPPLIES-GENERAL
EQUIPMENT PARTS
OTHER CONTRACTED SERVICES
PATCHING ASPHALT
EQUIPMENT PARTS
OPERATING SUPPLIES-GENERAL
MERCHANDISE FOR RESALE
CONTRACTED REPAIR & MAINT
CONTRACTED REPAIR & MAINT
CONTRACTED REPAIR & MAINT
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
OTHER CONTRACTED SERVICES
NEW CAR EQUIPMENT
REPAIR & MAINT SUPPLIES
FIRE PREVENTION SUPPLIES
SMALL TOOLS
ADVERTISING
REC EQUIP & SUPPLIES
POSTAGE
CLEANING SUPPLIES
CONTRACTED EQUIP REPAIR
RESERVE EQUIPMENT
/0
13-0CT-1999 (11
PROGRAM
ADULT PROGRAM
FIRE
EPCC MAINTENANCE
PARK MAINTENANCE
SR CTR OPERATIONS
SEWER UTILITY-GENERAL
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
STREET MAINTENANCE
FULLER ROAD STORM SEWER IMPROV
FIRE
ACTIVITY CAMP
EQUIPMENT MAINTENANCE
FURNITURE ACCOUNT
FIRE
EQUIPMENT MAINTENANCE
COMMUNITY CENTER ADMIN
SOFTBALL
STORM DRAINAGE
POLICE
WATER SYSTEM MAINTENANCE
REC SUPERVISOR
CONCESSIONS
SAFETY
WATER SYSTEM MAINTENANCE
ICE ARENA
ASSESSING-ADMIN
RILEY LAKE
ICE ARENA
SAFETY
PRAIRIE VILLAGE LIQUOR #1
SEWER LIFTSTATION
ADULT PROGRAM
EQUIPMENT MAINTENANCE
WATER ACCOUNTING
STREET MAINTENANCE
EQUIPMENT MAINTENANCE
WATER SYSTEM MAINTENANCE
WATER METER READING
EQUIPMENT MAINTENANCE
FIRE
SEWER SYSTEM MAINTENANCE
PRESCHOOL EVENTS
VOLLEYBALL
WATER UTILITY-GENERAL
EQUIPMENT MAINTENANCE
SEWERLIFTSTATION
FIRE
EQUIPMENT MAINTENANCE
COMMUNITY SERVICES
FALL SKILL DEVELOP
EQUIPMENT MAINTENANCE
WATER TREATMENT PLANT
SEWER LIFTSTATION
POLICE
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
80556
80557
80558
80559
80560
80561
80562
80563
80564
80565
80566
80567
80568
80569
80570
80571
80572
80573
80574
80575
80576
80577
80578
80579
80580
80581
80582
80583
80584
$120.19
$65.73
$251. 21
$684.00
$383.96
$175.72
$3,544.22
$2,334.83
$363.91
$227.95
$732.95
$5,600.00
$158.54
$5,204.16
$2,398.40
$128,376.80
$1,618.80
$40.00
$128.43
$380.00
$15.34
$96.18
$630.22
$751.37
$531. 72
$165.00
$40.00
$10,174.55
$268.25
$1,650,170.92*
VENDOR
SUBURBAN CHEVROLET GEO
SUBURBAN PROPANE
SUBURBAN TIRE & AUTO SERVICE I
SWINGS
TECHNAGRAPHICS
THERMOGAS COMPANY
TOTAL REGISTER
TRANS ALARM INC
TRUGREEN CHEMLAWN MTKA
TWIN CITY OXYGEN CO
UNIFORMS UNLIMITED
UNITED PROPERTIES BROKERAGE CO
UNLIMITED SUPPLIES INC
US FILTER/WATERPRO
US OFFICE PRODUCTS
VALLEY PAVING INC
VAN WATERS & ROGERS INC
VERNSTROM, STEVE
VESSCO INC
VOIGHT, JEFF
VOSS LIGHTING
VWR SCIENTIFIC PRODUCTS
W W GRAINGER INC
WARNING LITES OF MINNESOTA
WATSON CO INC, THE
WEATHER WATCH INC
WESTSIDE EQUIPMENT
WM MUELLER AND SONS INC
ZEP MANUFACTURING CO
DESCRIPTION
EQUIPMENT PARTS
MOTOR FUELS
TIRES
INSTRUCTOR SERVICE
PRINTING
MOTOR FUELS
COMPUTERS
CONTRACTED BLDG REPAIRS
GROUNDS MAINTENANCE
SAFETY SUPPLIES
EQUIPMENT PARTS
PROFESSIONAL SERVICES
EQUIPMEN'l: PARTS
REPAIR & MAINT SUPPLIES
FURNITURE & FIXTURES
IMPROVEMENT CONTRACTS
CHEMICALS
OTHER CONTRACTED SERVICES
EQUIPMENT PARTS
OTHER CONTRACTED SERVICES
REPAIR & MAINT SUPPLIES
OPERATING SUPPLIES-GENERAL
REPAIR & MAINT SUPPLIES
SAFETY SUPPLIES
MERCHANDISE FOR RESALE
OPERATING SUPPLIES-GENERAL
CONTRACTED REPAIR & MAINT
ASPHALT OVERLAY
CLEANING SUPPLIES
II
13-0CT-1999 (11
PROGRAM
WATER SYSTEM MAINTENANCE
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
SPRING SKILL DEVELOP
SUNBONNET DAYS
ICE ARENA
PRAIRIE VILLAGE LIQUOR #1
WATER TREATMENT PLANT
FIRE STATION #3
FIRE
EQUIPMENT MAINTENANCE
GENERAL BUILDING FACILITIES
EQUIPMENT MAINTENANCE
STORM DRAINAGE
FURNITURE ACCOUNT
TRAFFIC SIGNAL-MITCHELL RD
WATER TREATMENT PLANT
OUTDOOR CTR PROGRAM
WATER TREATMENT PLANT
SOFTBALL
EPCC MAINTENANCE
WATER TREATMENT PLANT
EPCC MAINTENANCE
SEWER SYSTEM MAINTENANCE
CONCESSIONS
SNOW & ICE CONTROL
EQUIPMENT MAINTENANCE
TRAILS
EQUIPMENT MAINTENANCE
CITY COUNCIL AGENDA DATE:
October 19, 1999
SECTION: Ordinances & Resolutions
SERVICE AREAlDIVISION:
Public Works/Engineering
Jim Richardson
Requested Action
ITEM DESCRIPTION: ITEM NO.:
1 st Reading of an Ordinance for a Street Name
Change VIII. A.
Move to: Adopt the first reading of an Ordinance changing the name of Kurtz Lane
through Birch Island Acres 2nd Addition to Addie Lane.
Synopsis
Staffhas received a petition from 100% of the affected property owners asking for a street name
change.
Background Information
Kurtz Lane presently comes off Eden Prairie Road and travels easterly 1,400 feet to a T-
intersection, Kurtz Lane turns right (or southerly), Birch Island Road turns left (or northerly).
There is a short cul-de-sac by the name of Kurtz Lane 250 feet before the T -intersection.
Staff is unaware of any conflict with the street name choice. Public Safety has reviewed this
change and concurs.
/
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
BE IT ORDAINED by the Eden Prairie City Council that the southerly portion of Kurtz Lane
from its intersection with Birch Island Road shall be named:
ADDIE LANE
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on October
19, 1999, and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on November 2, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST: SEAL
Kathleen A. Porta, City Clerk
Published in the Eden Prairie News on the ___ day of ________ , 1999.
CITY COUNCIL AGENDA
DATE: 10/19/99
SECTION: Ordinances and Resolutions
SERVICE AREAlDIVISION:
Community Development ITEM DESCRIPTION: ITEM NO.:
Donald R. Uram
Michael Franzen Bluff Country Village West Residential tJ t1 [J3.
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for PUD District Review and Zoning change;
and
• Adopt the Resolution for Site Plan Review; and
• Approve the Developer's Agreement for Bluff Country Village West -Resdiential
Synopsis
The Developer Agreement and plans are for final approval of the Bluff Country Village West
Residentia1. The plan is 98 townhouses and 15 live work units.
This project was approved at a 1st Reading on August 17, 1999 subject to the following
conditions:
1. Preservation of tree mass along the northern border.
2. Public easements on walkways and trails.
These items are covered in the developer agreement.
Attachments
1. Ordinance for PUD District Review and Zoning Change
2. Resolution for Site Plan Review
3. Developer's Agreement
IIEP _FS1ISYSICITYWIDEIComm. DevlProjectslActlve FlleslBluff Country Village Res -WestlCC 2nd reading cover sheet 10-19-99.doc
BLUFF COUNTRY VILLAGE WEST -RESIDENTIAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 35-99-PUD-26-99
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 Exln'bit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural Zoning District and be placed in the Planned Unit Development RM-6.5 Zoning District
35-99-26-99 (hereinafter "PUD-26-99-RM-6.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of October· 5, 1999, entered into between Hustad Land
Company., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The
Developer's Agreement contains the terms and conditions of PUD-26-99-RM-6.5, and are
hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-26-99-RM-6.5 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-26-99-RM-6.5 is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-26-99-RM-6.5 are justified by the design of the
development described therein.
D. PUD-26-99-RM-6.5 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District and shall be included hereafter in the Planned Unit
Development PUD-26-99-RM-6.S 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
7th day of September, 1999, and finally read and adopted and ordered published in summary
form as attached hereto at a regular meeting ofthe City Council of said City on the 19th day of
October, 1999.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Acting Mayor
PUBLISHED in the Eden Prairie News on ____________ _
"
I I
,
:Th~~'~OO(heast (-'\Jarter' .0':' tiw SOU I.heas! Quarter of Section 25,
Tow~s6.ip.!:1I6,. Range 22; Hennepin County Minnesolo, lyin9 north'
of the"former location of COlJnty Roarl No. I, EXCEPT thut porI
Joken·''';'. highway purposes.
.• • , •• :". ',' :.~ I:'? ",< . ,.
b~ti6't~ :'A'o~d C, PRAIRIE EN.> r THIRD A[)DI TlON, Hennepin Coun Iy,
Minnesota ..
COM' MER C I A L E A S T
That part of the Southeast Quarter of the Southonst Quarter of Section 25. Township 11 G. Range 22, Hennepin County.
Minnesota lying easterly of "Line 2" doscribod below and northerly of the following' described line, hereinafter refmred to
as line A:' .
"Line 2"
Commencing at the southeast cornor of said Southo;'Jst Quarter of the Southeast Quarter: thence North 0 degrees
23 minutes 38 second~ Y'/est along the east line of ~aid Southeast Quarter 103.73 feet to the poinl of bp.gillning of
said Hne to be described; thence North 78 degrees 00 minutes 59 seconds .West 327.76 feet; thence westerly
188.29 feet on a tangential curve to lloe right ImvilO!l a conlral anglo of 6 degrees 15 minutes 13 seconds and a
radius of 1307.13 feet; Ihence Norlll 69 degrees 1\5 minutes 115 seconds West 13(}.05 feel; thenr:o North 25
degrees 45 minutes 38 seconds West 100.00 feet 1In<l there territinating.
Commencing at the southeast corner of tite Norlllflast Qt/Clrter of the Southeast Quartef of Section 25, Township
116. Rang(~ 22. Hennepin County, Minnesota; thf!nco South 89 degrees 56 minutes 51 seconds West along the
south line of said Northeast Quarter of tho Southeast Quarter 9./31 feet to the point of beginning of said "Line 2" 10
be described; Ihence Soullo 23 degrees 42 rnillutes 15 seconds Wesl 57.44 feet; thence southwesterly 263.13 feet
on a tangential curve to the right hnving 11 central <lngle of 25 degrees 22 minutes 25 seconds and a rmlius of
59~ 18 feet; thonce South 49 degrees 04 lIIinutes 'IU secollds West 190.55 feet; thence southweslerly 40.06 feet
along a nontangential curve 10 the lell having a centrol angle of 4 degrees 26 minutes 52 seconds. a radius of
516.35 feet and a chord bearing of SOllth 46 degrees 46 minutes 21 seconds West; Ihence southwesterly 250.70
feet alollg H nOIlI:rngential curve to lI,u lell having <1 cf'lIlral angle of 20 degrees 07 minutes .25 soconds, a radius
of 522.96 and a chord bearing of Soulh 32 clllgre!"~ 17 minules 55 seconds West; thence South 16 degrees t4
minutes 14 seconds Wnst 599.99 feel anu there terminaling.
COMMERCIAL W EST
Thai part of lhe Soulllp.ast QII'lrter of Ihe Southoast Qumter of Section 25, Township 1 Hi, Range 22, Hennepin County.
Minllesota lying weslerly of "Line 1" described below and lIortherly of County Siale I\id Highway No.1 as delilleated in
Hennepin County Highway Pial NO.6 and soulhuoly alld easterly of the following described line:
Beginning at Ihe intersection of "Line 1" uescribed belnw and Ihe south line of the Norlh 160.00 feet of said
Southeast Quarter of the Southeast QU1lrler; Ihence westerly along said south line 10 the intersection with the
southerly extension of the west line of I pt 1, Block 4. PRI\IRIE EI\ST THtREJ ADDITION; thence deflect left 45
de9rees to the south line of Ihe norlh ~oo feet of s<1id Southeast Quarter of the Soulheast Quarter; thence
westerly along said south line to Ihe east line of the Wesl 225 feel of said Southeast Quarter of Ihe Southeast
QUilrter; thence southerly along said p"stline to said COl/llty St<lte I\id Highway No.1 and there terminating.
"line 1"
Commencing at the southe::Jst corner c' Ihe Northeast Quarter of the Southeast Quarter of said Section 25: Ihence
South 89 degrees 56 rninutes 51 secollds West along the south lim'! of said Northeast Quarter of Ihe Southeast
Quarter 62.71 feet; thence Nurth 4 degrees 27 l1IintJtes 22 secollds East 270.1\3 feet to the point of beginning of
said "line I" to be described; Ihence Soulh 4 degreos 27 minutes 23 seconds West 50.00 feet; thence
southwesterty 238.62 feet on a tangenti;)1 curve to Ihe right having a central angle of 18 degrees 00 minutes 24
seconds and a radius of 759.27 feet; Ihellce southwesterty 236.66 feet on a tangential compound curve to the
right having a central angle of 28 degrees 15 minules 00 seconds and a radius of 479.88 feet; thence South 50
degrees 42 minutes 50 seconds West 189.91 feel; thenCe southwesterly 346.88 feet on a tangential curve to the
lert having a cenlral angle of 32 degrees 20 minulp.~ 43 seconds and a rauius of 611.94 feet: thence South 18
degrees 14 minutes .31 seconds West 46.51\ feel; thence South 22 degrees 03 minutes 07 seconds West 150.24
feet; thence South 18 degrees 14 minutes 15 seconds 241.16 feet more or less to the northeasterly line of said
County Slate Aid Highway No. ·1 and there terminatil1g. .
RESIDENTIAL W E S.T
Oullots 1\ and C. PRI\IRIE EAST THIRD ADDITIOI'l, and that pari of the Southeast Quarter of the Southeast Quarter of
Sectiun 25, Township 116, Range 22. Hennepin County, Minnesota lying westerly of "line I" described above and
northerly of County State Aid Highway No. 1 as delineated in Hennepin County Highway Plat NO.6 and northerly and
westerly of the following described line:
Beginning <It the illtersf!clion of "Lille I" described above arid the south line of the North 160.00 feet of said
Southeast Quarter of tlie Southeast Qumter; thence wf'!sterly along said south line 10 the intersection with the
southerly extension of the west line of Lot 1. Block 4, PRl\mlE EAST THIRD I\DDITION; thence dellect left 45
degrees to the sOlllh line of the norlh 200 feel of saId Southeast Quarter of the Southeast Quarter; Ihence
westerly along said south line to thp. e<lst line of the West 225 feet of said Southeast Quarter of the Southeast
Qllarter; thence soulherly (lIang said nAzt line to said County State Aid Highw;)y No.1 and there terminating.
"
BLUFF COUNTRY VILLAGE WEST -RESIDENTIAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. -99-PUD-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:
Summaty:This ordinance allows rezoning of land located at Pioneer Trail and
Highway 169 to RM-6.5. Exhibit A, included with this Ordinance, gives the full legal
description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Acting Mayor
PUBLISHED in the Eden Prairie News on'--______ _
(A full copy of the text of this Ordinance is available from City Clerk.)
BLUFF COUNTRY VILLAGE WEST -RESIDENTIAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR BLUFF COUNTRY VILLAGE WEST-RESIDENTIAL
BY BUST AD LAND COMPANY
WHEREAS, Hustad Land Company has applied for Site Plan approval for Bluff Country
Village West-Residential on 17.97 acres for construction of 98 units and 15 "live/work" units
attached to the strip center and 58 parking spaces for a Park and Ride lot for Southwest Metro,
located at Pioneer Trail and Highway 169, to be zoned in the RM-6.5 Zoning District on 17.97
acres by an Ordinance approved by the City Council on October 19, 1999; and,
WHEREAS, the Planning Commission reviewed said application at public hearings at its
Apri126, 1999, May 24, 1999 and July 12, 1999, Planning Commission meetings and
recommended approval of said site plans; and,
WHEREAS, the City Council has reviewed said application at a public hearing at its
August 17, 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 Hustad Land
Company for the construction of98 units and 15 "live/work" units attached to the strip center
and 58 parking spaces for a Park and Ride lot for Southwest Metro, based on plans dated October
19, 1999, Hustad Land Company and the City of Eden Prairie.
ADOPTED by the City Council on October 19, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
DEVELOPER AGREEMENT
BLUFF COUNTRY VILLAGE RESIDENTIAL WEST
TIllS AGREEMENT is entered into as of October 19, 1999, by Hustad Land, a Minnesota
Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 17.97
acres, Planned Unit Development District Review on 17.97 acres, Rezoning from Rural to RM 6.5
on 17.97 acres, Site Plan Review on 17.97 acres, Preliminary Plat of 29.44 acres into 24 lots and 2
outlots., legally descnbed on Exlnbit A (the ''Property'');
NOW, THEREFORE, in consideration of the City adopting Resolution No.
____ for Planned Unit Development Concept Amendment, Ordinance No. for Planned
Unit Development District Review and Zoning District change from Rural to RM 6.5, Resolution No ..
__ for Site Plan Review, and Resolution No. for PreJirninary 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 June 25, 1999, reviewed and approved by the City Council on August 17, 1999,
and revised plans dated October 19, 1999, and attached hereto as Exlnbit B, subject to such
changes and modifications as provided herein.
2. EXIUBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth
in Exlnbit C.
3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer, and obtain the City Engineer's written approval of plans for streets, public sanitary
sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of
construction value shall be paid to City by Developer. The design engineer shall provide daily
inspection, certify completion in conformance to approved plans and specifications and
provide record drawings.
Developer agrees to complete implementation of the approved street and utility plans prior
to building permit issuance.
4. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to
the City Planner, and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer agrees to complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of ExhIbit C, attached hereto.
5. GRADING, DRAINAGE, AND EROSION CONTROL PLANS:
A FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in ExhIbit B is conceptual. Prior to the release of a land
alteration permit for the Property, Developer shall submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property. The
final grading and drainage plan shall include all water quality ponds, storm water
detention areas and other items required by the application for and release of a land
aheration 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 confonns 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 confornmnce
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 turfrestoration
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 accunruIates in the existing and/or proposed
sedimentation pond during construction. Developer shall provide pre construction and
post construction surveys for evaluation by City.
6. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property, delineated on Exlnbit B, Developer shall submit to the City
Forester and receive the City Forester's written approval of a plan depicting construction
grading limits on the Property. Prior to the issuance of any land alteration permit, Developer
shall place a construction fence on the approved construction grading limits. Developer shall
notifY the City and watershed district 48 hours in advance of grading so that the construction
limit fence may be field inspected and approved by the City Engineer and City Forester.
Developer shall maintain the construction limit fence until written approval is granted by the
City to remove the fence. Developer further agrees to retain the tree mass along the north
property line.
7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval ofa plan for irrigation of the landscaped areas on the Property.
Developer agrees to complete implementation of the approved irrigation plan in accordance
with the terms and conditions ofExlnbit C prior to issuance of any occupancy permit for the
Property.
8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property. The approved landscape plan shall be consistent with the quantity, type, and size
of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the
City Planner and receive the City Planner's approval of a landscape bond equal to 150% of
the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer agrees to complete
implementation of the approved landscape plan in accordance with the terms and conditions
ofExlnbit C.
9. 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 Exlnbit 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 ofExlnbit C, attached hereto, prior to issuance of
any occupancy permit for the Property.
1 O. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit
for grading or construction on the Property, Developer shall submit to the Parks and
Recreational Services Director and obtain the Director's written approval of detailed plans for
sidewalks and trails to be constructed on the Property. Developer shall convey access
easements for such sidewalks and trails in such locations as determined by the Parks and
Recreation Services Director prior to the release of any final plat for any portion of the
Property.
Developer agrees to complete implementation of the approved plans in accordance with the .
terms of Exhibit C prior to issuance of any occupancy pemri.t for the Property .
11. TREE LOSS -TREE REPLACEMENT: There are 3,863 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 1,464
diameter inches. Tree replacement required are 737 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 737 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.
12. SITE LIGHTING: Prior to building pemri.t issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet
in height. Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy pemri.t for the Property.
13. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES
ON THE PROPERTY: Prior to issuance release of any final plat for any portion of the
Property, Developer shall submit a Conservation Easement for review and written approval
by the Director of Parks, Recreation and Natural Resources, for the area delineated on ExhIbit
B.
Prior to the release of the first building permit for the Property, Developer shall submit
evidence to the Director of Parks, Recreation and Natural Resources, that the approved
Conservation Easement has been filed in the Hennepin County Recorder's/Registrar of Titles'
Office.
14. FENCING: Developer agrees that no fence shall be constructed along the north property
line.
15. DEVELOPER'S RESPONSmILITY 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, fuilures 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.
Replacement
Item V.C., Exhibit A
EXHIBIT A
1999 SPECIAL ASSESSMENTS
This increase fl
PROJECTS TOTAL COST CITY FUNDS AMT TO BE ASSESSED
1. I.e. 98-5458 Sewer and Water to serve Southwest Area along Pioneer $1,049,000.00 -0-$1,049,000.00
Trail
2. I.C. 98.:5461 Storm Sewer in Fuller Road 73,042.47 -0-73,045.00
3. I.C.98-5481 HOV and Traffic Signal Construction Valley View 1,225,263.00 254,625 162,500.00
Road/Super Valu
Supplementals
Trunk Sewer and Water 767,980.00
Trunk Exclusions -I.C. 94-5360 825.00
Lateral Exclusions -I.C. 94-5360 5,773.00
Deferred Assessments/STR 72-9-26 Ring Road 2,250.00 j
Deferred Assesments/STR 72-9-26 Ring Road Storm Sewer 165.00
Deferred Assessments -I.C. 52-308A Schooner Blvd 9,420.00 I
Tall GrasslW eed Cutting 200.00 i
I.e. 52-088 Red Rock Interceptor 29-21-0001 520.00
SAC 1,570.00
Connection Fees 21,496.00
Connection Fees 56,375.00
CITY COUNCIL AGENDA
DATE: 10/19199
SECTION: Ordinances and Resolutions
SERVICE AREAlDIVISION:
Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram
Michael Franzen Bluff Country Village West -Commercial illlrC~
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for PUD District Review and Zoning change;
and
• Adopt the Resolution for Site Plan Review; and
• Approve the Developer's Agreement for Bluff Country Village West -Commercial
Synopsis
The Developer Agreement and plans are for final approval of the Bluff Country Village West
Commercial.
This project was approved at a pt Reading on August 17, 1999 subject to the following
conditions: The plan is a 5,500 sf. convenience store and a 26,953 sf. retail building and a park
and ride for 95 cars.
1. Rotate the gas station 90 degrees.
2. Car wash hours of operation.
3. Eight foot wide bituminous trail along Pioneer Trail. (The County is building this trail)
4. The architecture of all commercial buildings shall be redesigned to be complimentary in
nature and to include more detail, and texture reflective of a traditional downtown.
These items are covered in the plans and the developer agreement.
Attachments
1. Ordinance for PUD District Review and Zoning Change
2. Resolution for Site Plan Review
3. Developer's Agreement
F:ICITYWIDEIComm. DevlProjectslActive FlleslBluff Country Village Comm· WestlCC 2nd reading cover sheet 10-19-99.doc
BLUFF COUNTRY VILLAGE WEST -COMMERCIAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 34-99-PUD-25-99
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 Neighborhood
Commercial Zoning District 34-99-PUD-25-99 (hereinafter "PUD-25-99-Neighborhood
Commercial").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of October 5, 1999, entered into between Hustad Land
Company., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The
Developer's Agreement contains the terms and conditions of PUD-25-99-Neighborhood
Commercial, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-25-99-Neighborhood Commercial is not in conflict with the goals of the
Comprehensive Guide Plan of the City.
B. PUD-25-99-Neighborhood Commercial is designed in such a manner to fonn 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-25-99-Neighborhood Commercial are justified by
the design of the development described therein.
D. PUD-25-99-Neighborhood Commercial is of sufficient size, composition, and
arrangement that its construction, marketing, and operation is feasible as a
complete unit without dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District and shall be included hereafter in the Planned Unit
Development PUD-25-99-Neighborhood Commercial and the legal descriptions of land in each
district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are
~ended 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
7th day of September, 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 19th day of
October, 1999.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Acting Mayor
PUBLISHED in the Eden Prairie News on ____________ ---'
.; .;Jhe::,~~\",east Quarter ,oL~heSou lheast .Quorter of 'Section 25.
(:: .. TQW~~~1~trtt6,. ROl1g~ 22~:l1etlnepIn County Minnesota, lying north . ,.; ,.'~f.·.t~l'ir.!'?fr.ner location of .. Founty Rood No, 1 < EXCEPT tho I porl
: 1" •• ..tpkem;(~r. highway purposes: .• ' .' " ';' . :.1 ; ';: :,,~:: :::J~~i~·;f. ':::,: >" . .... ,
,.7 'b~tf~~~~'A":O':ld C, PRAIRI~ ,EA5f TI-HRD AUDITION, Herinepi~ County,
... ' Minnesota. .
"j' :':S:.~I~gJ[~;::·:
-. .. -':~,------------------------------
.".·C··O M MER CIA L E A S T
I . '.1
lhat part of the Southeast Quarter of the Southeast Quarter of Section 25, Township 116, Range 22, Hennepin County,
Minnesota lying easterly of "line 2" described below and northerly of the following described line, hereinafter referred to
as Une A: .
Commencing at Iho southeast corner of said Southeast Qumter of the Soulheast Quarter; thence North 0 degrees
23 minutes 38 seconds West along the e<15tline of said Southeast Quarter 103.73 feet to the point of beginning of
said .Iine to be desc~itied;thence North 78 degrees 00 rninutes 59 seconds West 327.76 feet; thence westerly
180.29 feet on a tangential curve to the right havillfJ a central angle of 0 degrees 15 minutes 13 seconds and a
radius of 1307.13 feet; thence North 69 degrees -15 minutes .,~; seconds West 13:;.05 feet; thence North 25
degrees -15 minutes 38 seconds West 100.00 leet amllhere terrllinating.
"Line 2"
COfllmencing at the soulheast corner 01 the NorthFlast Quarter of the Southeast Quarte .. of Section 25, Township
116; Range 22, Hennepin County, Minnesota; thence South 89 degrees 56 minutes 51 seconds West along the
south line of said Northeast Quarter 01 thA S.outheast Quarter 9./31 feet to the point of beginning of said "Line 2" to
be described; thence South 23 degrees 42 minutes 15 seconds West 57.44 feet: thence southwesterly 263.13 feet
on a tangential curve to the right 110vinll a central angle of 25 degrees 22 minutes 25 seconds and a radius 01
594.18 feet; thellce South 49 degrees 04 lIIinutes 40 seconds West 190.55 fect; thence southwesterly 40.08 feel
along a nonlangential curve to the left having a central angle of 4 degrees 26 minutes 52 seconds, a radius of
51n.35 feet and a chord bearing 01 Sl,uth 46 degrees 48 minutes 21 seconds West; thence southwesterly 250.70
feet along a nontangenlial curve to tho lelt having a central angle of 28 degrees 07 minutes .25 seconds, a radius
of 522.98 and a chord bearing of'Sollth 32 degrees 17 minules 55 seconds West; thence South 18 degrees 1-1
minutes 14 seconds West 599.99 feel and there terrllinating.
COM MER C .1 A L W EST
That part 01 the Southoast Qllarter of the Southoast Quarler of Section 25, Township 110, Range 22, Hennopin County,
Mi'lnesota lying westerly of "Line 1" described below arid northerly of County State Aid Highway No.1 as delinealed in
Hennepin County Highway Plat No. G and soulhwly and easterly of the following described line:
"Line 1"
Beginning at the intelsection of "lillI) 1" described below and the south line of the North 1 GO.OO feet of said
Southeast Qualter of the Southeast Quarter; thence weslerly along said south line to the intersection with the
southerly exlension of the west line of 'ot 1, Bloell 4, PHAtRIE EAST THIRE> ADDITION; thence deflecl lell 45
degrees 10 the south line of the north 200 feet of said Southeast Quarler of lhe Southeast Quarter; thence
weslerly along said south line to lhe east line of Ihe West 225 feet of said Southeast Quarter of Ihe Southeast
Ouarter; thenc£! southerly along said c,'stline to said County State I\id Highway No.1 and there terlllinating.
Commencinq at the southeast corner c' Ihe Northeast Quarter of the Southeast Quarler of said Section 25; thence
South 89 d~grees 56 minutes 51 seconds West along the soulh linn of said Northeast Quarter of the Southeast
Quarter 62.71 leet; thence North 4 dewees 27 minutes 22 seconds East 270.43 feet to the point of beginning of
said "Line 1" to be described; thence Soulh 4 degrees 27 minutes 23 seconds West 50.00 feet; thence
southwesterly 238.62 feet on a tan~lential curve to Ihe right h~ving a central angle of 18 degrees 00 rninutes 24
seconds and a radius of 759.27 feel; thence southwesterly 236.66 leet on a tangential corn pound curve to the
right having a central angle of 26 degrees 15 minutes 00 seconds and a radius of 479.88 feet; thence South 50
degrees 42 minutes 50 seconds West '1139.91 feet; thence southwesterly 346.88 feet on a langential curve to lhe
lell having a cenlral angle of 32 degrees 28 minules 43 seconds and a radius of 611.94 feet; thence South 18
degrees 14 minutes .31 seconds West 46.5-1 feet; thence South 22 degrees 03 minutes 07 seconds West 150.24
feet; thence Soulh 18 degrees 14 minutes 15 seconds 241.16 feet Illore or less 10 the northeasterly line of said
County State Aid Highway No.1 and there terminating.
RESIDENTIAL W E S.T
Outlots 1\ and C, PRAIRIE EI\ST T/-tIHD AODI flO 1-1 , and lhat part of the Southeast Quartor of Ihe Southeast Quarter of
Section 25, Township 116, Range 22, Hennepin County, Minnesota lying westerly of "Une 1" described above and
northerly of County State Aid Highway No.1 as delineated in Hennepin County Highway Plat No.6 and northerly and
westerly of the following described line:
Beginning al the intersection of "Lille 1" described above and tho soulh line of the North 1 GO.OO feet of said
Southeast Quarter 01 the Soulheast Quartor; thence westerly along said soulh line to the Intersection wilhthe
southerly extension of Ihe west lino 01 tnl 1. Block 4, PRAIHIE EI\ST THIRD ADDITION; thence deflect left 45
degrees to the south line of the north 200 feet of said Southeast Quarter of the Southeast Quarter; thence
westerly along said i;outh line io Ihn east line of the WOl't 225 reet of said Southeast Quarter of the Southeast
Ouarter; thence southerly <1long said oflslline to s<1id County State I\id Highway No.1 and there terrninating.
BLUFF COUNTRY VILLAGE WEST -COMMERCIAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 34-99-PUD-25-99
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:
Summary: This ordinance allows rezoning of land located at Pioneer Trail and
Highway 169 to Neighborhood Commercial Zoning District. Exhibit A, included with this
Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Acting Mayor
PUBLISHED in the Eden Prairie News on'--______ _
(A full copy of the text of this Ordinance is available from City Clerk.)
BLUFF COUNTRY VILLAGE WEST -COMMERCIAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR BLUFF COUNTRY VILLAGE WEST-COMMERCIAL
BY HUSTAD LAND COMPANY
WHEREAS, Hustad Land Company has applied for Site Plan approval for Bluff Country
Village West-Commercial on 3.9 acres for construction of a strip retail center at 26,953 square
feet and a 5,500 square foot gas convenience station and 37 parking spaces for a Park and Ride
lot for Southwest Metro, located at Pioneer Trail and Highway 169, to be zoned in the
Neighborhood Commercial Zoning District on 3.9 acres by an Ordinance approved by the City
Council on October 19, 1999; and,
WHEREAS, the Planning Commission reviewed said application at public hearings at its
April 26, 1999, May 24, 1999 and July 12, 1999, Planning Commission meetings and
recommended approval of said site plans; and,
WHEREAS, the City Council has reviewed said application at a public hearing at its
August 17, 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 Hustad Land
Company for the construction of a strip retail center at 26,953 square feet and a 5,500 square foot
gs convenience station and 37 parking spaces for a Park and Ride lot for Southwest Metro, based
on plans dated October 19, 1999, Hustad Land Company and the City of Eden Prairie.
ADOPTED by the City Council on October 19, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
DEVELOPER AGREEMENT
BLUFF COUNTRY VILLAGE WEST COMMERCIAL
TIllS AGREEMENT is entered into as of October 19, 1999, by Hustad Land, a Minnesota
Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 3.9
acres, Planned Unit Development District Review on 3.9 acres, Rezoning from Rural to
Neighborhood Commercial on 3.9 acres, Site Plan Review on 3.9 acres, and Preliminary Plat of29.44
acres into 24 lots and 2 outlots, legally descnbed on ExhIbit A (the ''Property'');
NOW, THEREFORE, in consideration of the City adopting Resolution No.
____ for Planned Unit Development Concept Amendment, Ordinance No. for Planned
Unit Development District Review and Zoning District change from Rural to Neighborhood
Commercial, Resolution No. for Site Plan Review, and Resolution No. for Preliminary
Plat, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer agr~s to develop the Property in conformance with the materials revised
and dated June 25, 1999, reviewed and approved by the City Council on August 17, 1999,
and revised plans dated October 19, 1999 and attached hereto as ExhIbit B, subject to such
changes and modifications as provided herein.
2. EXIDBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth
in ExhIbit C.
3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer, and obtain the City Engineer's written approval of plans for streets, public sanitary
sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of
construction value shall be paid to City by Developer. The design engineer shall provide daily
inspection, certify completion in conformance to approved plans and specifications and
provide record drawings.
Developer agrees to complete implementation of the approved street and utility plans prior
to building permit issuance.
4. CROSS PARKING AND MAINTENANCE AGREEMENT: Prior to issuance of any
building permit for the Property, Developer shall submit to the City Engineer and receive the
City Engineer's written approval of a cross parking and maintenance agreement for the
Property. The agreement shall address joint access, and maintenance of parking facilities and
storm water facilities.
Prior to the issuance of any building permit for the Property, Developer shall submit to the
City Engineer proof that the cross parking and maintenance agreement has been recorded in
the Hennepin County Recorder's OfficelRegistrar of Titles' Office.
5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to
the City Planner, and receive the City Planner's written approval of a plan depicting exterior
materials, construction details, and colors to be used on the buildings on the Property.
Developer agrees that the architecture shall be residential in character and include detail,
colors, and textures reflective of a traditional downtown. Developer agrees that the materials,
colors, and construction details shall be the same for all connnercial buildings in the Planned
Unit Development.
Prior to issuance of any occupancy permit for the Property, Developer agrees to complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
6. GRADING, DRAINAGE, AND EROSION CONTROL PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in Exlnbit 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
aheration 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 1ocations and turfrestoration
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 pre construction and
post construction surveys for evaluation by City.
7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property, delineated on Exlubit B, Developer shall submit to the City
Forester and receive the City Forester's written approval of a plan depicting construction
grading limits on the Property. Prior to the issuance of any land alteration permit, Developer
shall place a construction fence on the approved construction grading limits. Deve10per shall
notify the City and watershed district 48 hours in advance of grading so that the construction
limit fence may be field inspected and approved by the City Engineer and City Forester.
Developer shall maintain the construction limit fence until written approval is granted by the
City to remove the fence.
8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
Developer agrees to complete implementation of the approved irrigation plan in accordance
with the terms and conditions ofExht.oit C prior to issuance of any occupancy permit for the
Property.
9. LANDSCAPE PLAN: Prior to building permit issuance, the Deve10per shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property. The approved landscape plan shall be consistent with the quantity, type, and size
of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the
City Planner and receive the City Planner's approval of a landscape bond equal to 150% of
the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer agrees to complete
implementation of the approved landscape plan in accordance with the terms and conditions
ofExht.oit C.
10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,
and receive the City Planner's written approval of a plan for screening of mechanical
equipment on the Property. For purposes ofthis paragraph, "mechanical equipment" includes
gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-
conditioning units. Security to guarantee construction of said screening shall be included with
that provided for landscaping on the Property, in accordance with City Code requirements.
Developer shall complete implementation of the approved plan prior to issuance of any
occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that City will not release the
security provided until Developer completes all such corrective measures.
11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Neighborhood Commercial District through the Planned Unit
Development District Review for the Property and incorporates said waivers as part of
PUD ):
A waiver from the required 35 foot setback to parking to 17.5 feet as
shown on ExhIbit B attached hereto.
A B.A.R. waiver from 20% to 23% as shown on ExhIbit B attached
hereto.
12. 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 resp.ect 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.
13. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit
for grading or construction on the Property, Developer shall submit to the Parks and
Recreational Setvices Director and obtain the Director's written approval of detailed plans for
sidewalks and trails to be constructed on the Property. Developer shall convey access
easements for such sidewalks and trails in such locations as determined by the Parks and
Recreation Services Director prior to the release of any final plat for any portion of the
Property.
Developer agrees to complete implementation of the approved plans in accordance with the
terms ofExlnbit C prior to issuance of any occupancy permit for the Property.
14. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 1 i. 70, Developer shall file with the City Planner and receive the City Planner's
written approval of an application for a sign permit. The application shall include a complete
description of the sign and a sketch showing the size, location, the manner of construction,
and other such information as necessary to infonn the City of the kind, size, material
construction, and location of any such sign, consistent with the sign plan shown on Exlnbit
B and in accordance with the requirements of City Code, Section 11.70, Subdivision Sa.
15. TREE LOSS -TREE REPLACEMENT: There are 3,863 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 1,464
diameter inches. Tree replacement required are 737 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 737 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.
16. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet
in height. Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
17. CAR WASH HOURS OF OPERATION: Developer agrees that the car wash shall not
operate between the hours of lO P.M. and 8:00 A.M.
18. PARK AND RIDE: Developer agrees to construct 58 permanent park and ride spaces where
shown on Exlnbit B, attached hereto concurrent with the construction of the convenience gas
station. Developer further agrees to grant Southwest Metro an easement for the use of said
parking spaces.
Developer further agrees to designate an area on the Commercial West One site for 37
additional park and ride spaces and grant an easement for the use of said spaces to Southwest
Metro.
19. PEDESTRIAN WALKWAYS IN FRONT OF RETAIL BUILDINGS: Developer agrees
to construct the pedestrian walkways in front of the retail buildings as shown on Exhibit B,
attached hereto. Final construction plans shall include decorative paving, lighting, street
furniture, and landscaping. Developer agrees that the pedestrian walkways shall be same for
all commercial buildings within the Planned Unit Development.
20. TRASH AND RECYCLING: Developer agrees that all trash and recycling shall be located
inside of the retail building.
21. 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, fuilures 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.
CITY COUNCIL AGENDA
DATE: 10/19/99
SECTION: Ordinances and Resolutions
SERVICE AREAlDIVISION:
Community Development ITEM DESCRIPTION: ITEM NO.:
Donald R. Uram
Michael Franzen Bluff Country Village East -Commercial VII!-J).
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance for PUD District Review and Zoning change;
and
• Adopt the Resolution for Site Plan Review; and
• Approve the Developer's Agreement for Bluff Country Village East -Commercial
Synopsis
The Developer Agreement and plans are for final approval of the Bluff Country Village East
Commercial only. The plan is a l3,863 sf Walgreens store, a 3,500 sf. retail building and a 55
unit senior building.
This project was approved at a 1st Reading on August 17, 1999 subject to the following
conditions:
1. Proof of parking on the Walgreens site.
2. Architectural improvements to Walgreens.
3. Road access from Walgreens to be a % intersection.
4. Eliminate the north access road to the senior site.
5. Build a significant berm for sound barrier on the eastern side.
The first three items are covered in the plans and the developer agreement.
The site plan for the housing site is different from the plan approved by the Council on August
17, 1999. The plan is a 55 unit senior building with a separate 3,500 sf retail building. The City
Council approved a 30 unit senior building with no retail. The staff supports the housing and
commercial plan proposed by the developer since it eliminates the access road and creates a large
berm. Since the plan is significantly different from the approved plan the staff recommends that
the plan go through a public hearing process with the Planning Commission and City Council.
Attachments
1. Ordinance for PUD District Review and Zoning Change
2. Resolution for Site Plan Review
3. Developer's Agreement
I\EP JS1ISYSICITYWIDEIComm. DevlProjeclslActive FlleslBluff Country Village Comm -EastlCC 2nd reading cover sheet 10-19-99.doc
------------------------------------------
BLUFF COUNTRY VILLAGE EAST -COMMERCIAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 30-99-PUD-24-99
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 Neighborhood
Commercial Zoning District 30-99-PUD-24-99 (hereinafter "pUD-24-99-Neighborhood
Commercial").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of October 5, 1999, entered into between Hustad Land
Company., and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The
Developer's Agreement contains the terms and conditions of PUD-24-99-Neighborhood
Commercial, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-24-99-Neighborhood Commercial is not in conflict with the goals of the
Comprehensive Guide Plan of the City.
B. PUD-24-99-Neighborhood Commercial is designed in such a manner to form a
desirable and unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-24-99-Neighborhood Commercial are justified by
the design of the development described therein.
D. PUD-24-99-Neighborhood Commercial is of sufficient size, composition, and
arrangement that its construction, marketing, and operation is feasible as a
complete unit without dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District and shall be included hereafter in the Planned Unit
Development PUD-24-99-Neighborhood Commercial and the legal descriptions of land in each
district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are
amended accordingly.
Section 6. City Code Chapter I 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
7th day of September, 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 19th day of
October, 1999.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Acting Mayor
PUBLISHED in the Eden Prairie News on ____________ _
I I.
;,lJhe,:So.u\heast Quarter.of. ~he Southeast Quarter of Section 25, '.('::.Tq.~~.b)pqJ.t6,.Ronge 22~' Hennepin County Millnes~l(], Iyingnorlh'
.. t,.:·of/l~a:di?£rt\er locallon" of.. County Rood No. 1. EXCEPT thol port
... ;1'·:::Jq~enl!J9.rihI9hwoy purpOSes. ": .
, 1 .,· .... V:~~:..,;r..I;·,··"· ) ..
", ,', "1'" :'6uUl;t~;?At;;~~ C, PRAIRIE: ;EAST.THIRDADDITION, Hennepi~ County,
, !':., Mlonesoto .. ',' : ;. . .
. . ' . ' l)~;l~"';;t: "
. :,>;!:,?:tf"~iloh_~.;.~'_;::...;·:_· _____________________ _
:>,:C~';:O M' MER C I A L E A S T .' .~~ ~':}>~ i ~/ ~ ~ ..
, ' .•.. ". 'i: '.
Thai pari of Ihe Soulheast Quarter of Ihe Soulheasl Quarter of Section 25, Township 116, Range 22, Hennepin Counly,
Minnesola lying easlerly of "Line 2" described below and norlherly of Ihe following described line, hereinafter reforred 10
as Line A: .. ' .,. .. , .'. . .
Commencing at thesQutheast cornor of said Soulhe:Jsl Quarter of Ihe Soulheast Quarler; Ihence Norlh 0 degrees
23 minutes 30 seconds West along Ihe easllille of said Soulheast Quarter 103.73 feet to the point of beginning of
said Hne to be desc~ibed;thence Norlh 78 degrees 00 minules 59 seconds West 327.76 feet; thence weslerly
100.29 feet on a tangential curve 10 Ihe right havinn a cenlral angie of 0 degrees 15 minutes 13 seconds and a
radius of 1307.13 feet; thence North 69 degrees 45 minutes ,I" seconds West 13:;.05 feet; thence Norlh 25
degrees 45 millutes 38 seconds Wesl 100.00 feet and Ihere lernlinatiny.
"line 2"
Commencing ~t the soulh~ast corner of Ihe Norillflast Qumter of Ihe Southeast Quarlo .. of Section 25, TownShip
116, Range 22, Hennepin County, Minnesota; thence South 89 degrees 56 minutes 51 seconds West along the
soulh line of said Norlheast Quarler of Ihn Southeast Quarter 9.81 feet 10 the point of beginning of said "line 2" 10
be described; thence Soulh 23 degrees 42 minutes 15 seconds West 57.44 feet; Ihence soulhwesterly 263.13 feet
on a tangentiai curve 10 the right havinn a central angle of 25 dogrees 22 minutes 25 seconds and a radius of
594.18 feet; thellce South 49 degrees 04 minutes 4() seconds West 190.55 feot; thence southwesterly 40.08 feel
alollg a nontahgential curve 10 the lell having a cenlral <Ingle of 4 degrees 26 minules 52 seconds, a radius of
516.35 feet and a chord bearing of South 46 degrees 48 minutes 21 seconds Wesl; Ihence soulhwesterly 256.70
feel along a nonlangential curve 10 II,,, left having a Gentral angle of 28 degrees 07 minutes .25 seconds, a radius
.of 522.98 and a chord bearing of Soulh 32 degrees 17 minules 55 seconds West: thence Soulh 10 degrees 14
minutes 14 seconds West 599.99 feel andlhere lenllinating.
COM MER C .1 A L W EST
Thai part of Ihe Soulheast Qllarter of the Soulheast Qumter of S£,clion 25. Township 116. Range 22, Hennepin Counly,
Mir'lnesola lying weslerly of "line 1" described below and northerly of Counly State lIid Highway No.1 as delinealed in
Hennepin Counly Highway Pial NO.6 and soulh"rly and easterly of Ihe .following described line:
"Line 1"
Beginning at Ihe illtersection of "Line 1" described below and Ihe soulh line of the North 160.00 foel of said
Soulheast Quarter of the Southeasl Clumter; IhenGe weslerly along said soulh line to the intersection with Ihe
southerly extension of Ihe west line of lot 1, Block 4, PHIIIRIE EIIST THIRE> ADDITION; thence deflect left 45
degrees to the soulh line of the north £00 feet of said Southeasl Quarter of the Soulheast Quarter; thence
weslerly along said south line 10 Ihe east line of the Wesl 225 feet of said Soulheast Quarter of Ihe Soulheasl
Quarler; thence southerly along said r",st lille to said Coullty Stale lIid Highway No.1 and there terillinating.
Commencing at Ihe soulheast corner c' tile Norlheasl Quarler of the Soulheasl Qumler o/said Section 25; Ihence
South 89 degrees 56 minutes 51 seconds West along Ihe soulh line of said Norlheast QUArter of Ihe Soulheast
Quarter 62.71 feet; thence North 4 degrees 27 minutns 22 secollds East 270.43 feel to the point of beginning of
said "Line 1" to be described; thence Soulh 4 degmes 27 minutes 23 seconds Wesl 50.00 feel; thence
soulhwesterly 238.62 feel on a tangential curve to the righl having a cenlral angie of 18 degrees 00 minutes 24
seconds and a radius of 759.27 feel; Ihence southweslerly 236.66 feet on a tangential compound curve 10 Ihe
right having a cenlrell angle of 28 degrees 15 minules 00 seconds and a radius of 479.88 feet; thence South 50
degrees 42 minules 50 seconds Wesl H!9.91 feel; Ihence soulhweslerly 346.88 feet on a tangential curve to the
left having a central angie of 32 degrees 20 minutes 43 seconds and a radius of 611.94 feet; thence South 18
degrees 14 minutes .31 seconds Wesl 46.54 feet; thence Soulh 22 degrees 03 minules 07 seconds West 150.24
feet; thence South 18 degrees 14 minules 15 seconds 241.16 feet more or less to the northeasterly line of said
County Siale IIld Highway No.1 and there termillating. . .
RESIDENTIAL W E S.T
Oullols II and C, PRIIIRIE EAST THIRD ADDITION, and Ihal pari of Ihe Soulheasl Quarler of the Southeast Quarler of
Section 25, Township 116, Range 22, Hennepin Counly, Minnesota lying westerly of "line 1" described above and
northerly of .County State Aid Highway No. 1 as delineated in Hennepin Counly Highway Pial No.6 and northerly alld
weslerly of the following described lille:
Begillning al Ihe intersection of "Line I" described above end Ihe soulh line of the Norlh 160.00 feet of said
Southeast Quarter ot Ihe Soulheasl QU<'lrler; thence westerly alon9 said soulh line 10 the Intersectionwilh the
soulherly exlension of the west line of 1.01 1, Blocl< 4. PHIIIHIE EIIST THIfW IIDDITION; thence deflect left 45
degrees 10 the south line of Ihe norlh 200 feel of ~aid Southeast Quarter of the Southeast Quarter; thence
weslerly aton9 said south IIl1e io the ensl line of the Wesl 225 feet of said Soulheast Quarter of the Soulheasl
Quarter; thence southerly along said eaf,t line to said Couilly State lIid Highway No.1 and there terminating.
BLUFF COUNTRY VILLAGE EAST -COMMERCIAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 30-99-PUD-24-99
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:
Summary: This ordinance allows rezoning of land located at Pioneer Trail and
Highway 169 to Neighborhood Commercial Zoning District. Exhibit A, included with this
Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Acting Mayor
PUBLISHED in the Eden Prairie News on~ _______ ,
(A full copy of the text of this Ordinance is available from City Clerk.)
BLUFF COUNTRY VILLAGE EAST -COMMERCIAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 99-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR BLUFF COUNTRY VILLAGE EAST -COMMERCIAL
BY HUSTAD LAND COMPANY
WHEREAS, Hustad Land Company has applied for Site Plan approval for Bluff Country
Village East-Commercial on 7.5 acres for construction of 3,650 square foot general retail, a
13,823 square foot Walgreens, located at Pioneer Trail and Highway 169, to be zoned in the
Neighborhood Commercial Zoning District on 7.5 acres by an Ordinance approved by the City
Council on October 19, 1999; and,
WHEREAS, the Planning Commission reviewed said application at public hearings at its
Apri126, 1999, May 24, 1999 and July 12, 1999, Planning Commission meetings and
recommended approval of said site plans; and,
WHEREAS, the City Council has reviewed said application at a public hearing at its
August 17, 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 Hustad Land
Company for the construction of a 13,823 square foot Walgreens, based on plans dated October
19, 1999, Hustad Land Company and the City of Eden Prairie.
ADOPTED by the City Council on October 19, 1999.
Nancy Tyra-Lukens, Acting Mayor
ATTEST:
Kathleen A. Porta, City Clerk
DEVELOPER AGREEMENT
BLUFF COUNTRY VILLAGE COMMERCIAL -EAST
THIS AGREEMENT is entered into as of October 19, 1999, by Hustad Land Company, a
Minnesota company, 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 the City for a Planned Unit Deve10pment Concept review on
7.5 acres, Planned Unit Development District Review on 7.5 acres, Rezoning from Rural to
Neighborhood Commercial on 7.5 acres, Site Pla n Review on 7.5 acres and Preliminary Plat 29.44
acres into 24 lots and 2 outlots, legally descnbed on ExhIbit A (the ''Property'');
NOW, THEREFORE, in consideration of the City adopting Ordinance No.
____ for Planned Unit Deve10pment Concept Amendment, Ordinance No. for Planned
Unit Development District Review and Zoning District change from Rural to Neighborhood
Connnercial , Resolution No. for Site Plan Review, and Resolution No. for PreJiminary
Plat, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Deve10per agrees to develop the Property in conformance with the materials revised
and dated June 25, 1999, reviewed and approved by the City Council on August 17, 1999,
and revised plans dated October 19, 1999 and attached hereto as ExhIbit B, subject to such
changes and modifications as provided herein. .
2. EXIDBIT C: Deve10per agrees to the terms, covenants, agreements, and conditions set forth
in ExhIbit C.
3. STREET AND UTILITY PLANS: STREET AND UTILITY PLANS: Deve10per agrees
than the utility plan, drainage plan and improvements to Hennepin Town Road contained in
ExhIbit B is conceptual. Prior to issuance by the City of any permit for the construction of
streets and utilities for the Property, Developer shall submit to the City engineer, and obtain
the City Engineer's written approval of plans for streets, public sanitary sewer, water and
storm sewer. Improvements to Hennepin Town Road and its intersection with CSAH 1 shall
be designed for the current posted speed limit in accordance with MNDOT geometric design
standards. The design shall include the north-bound lane shift through the intersection
required to accommodate the new left tum lane in Hennepin Town Road and shall include all
modifications including medians, paving striping, signing and signal modifications. Revisions
with the CSAH 1 intersection shall be submitted to Hennepin County for review and approval.
Improvements shall be completed prior to August 31, 2000. Developer shall be responsible
for the installation of a storm sewer pipe extending from the easterly property line at Outlot
A to the pond within Outlot A. The storm sewer pipe shall be sized to carry the hydraulic
flow as determined by the City Engineer. Plans for public infrastructures shall be of a plan
view and profile on 24 x 36 plan sheets consistent with City standards. Developer shall pay
a permit fee of five percent of construction value to City. The design engineer shall provide
daily inspection, certify completion in conformance to approved plans and specifications and
provide record drawings.
4. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to issuance of any final
plat for any portion of the Property, the Developer shall enter into a cross access and
maintenance agreement between Lot 1, Block 2, Outlot A, and Lot 1 Block 3, the form of
which must be approved in writing by the City Engineer. This Agreement shall address joint
vehicle access and maintenance in parking areas, driveways and storm sewers. All of these
facilities shall be privately owned and maintained by the Developer or Owner.
Prior to the release of any final plat for any portion of the Property, Developer shall submit
to the City Engineer proof that the cross access and maintenance agreement has been
recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office.
5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to
the City Planner, and receive the City Planner's written approval of a plan depicting exterior
materials and colors to be used on the buildings on the Property. Developer agrees that the
architecture shall be residential in character and include detail, colors, and textures reflective
of a traditional downtown. Developer agrees that the materials, colors, and construction
details shall be the same for all commercial buildings in the Planned Unit Development.
Prior to issuance of any occupancy permit for the Property, Developer agrees to complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions ofExlnbit C, attached hereto.
6. GRADING, DRAINAGE, AND EROSION CONTROL PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in Exlnbit 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 stonn 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 pIan.
The design professional shall monitor construction for conformance to the approved
final grading pian 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 pian and City erosion control policy.
B. EROSION CONTROL PLAN: Prior to issuance ofa grading permit, Developer
shall submit to the City Engineer and obtain City Engineer's written approval of an
erosion control pian for the Property. The erosion control pian shall include all
boundary erosion control features, temporary stockpile locations and turf restoration
procedures: All site grading operations shall confonn to the City's Erosion Control
Policy labeled Exblbit D, attached hereto and made a part hereof. Prior to release of
the grading bond, Developer shall complete implementation of the approved pian.
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.
7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property, delineated on Exlnbit B, Developer shall submit to the City
Forester and receive the City Forester's written approval of a plan depicting construction
grading limits on the Property. Prior to the issuance of any land alteration permit, Developer
shall place a construction fence on the approved construction grading limits. Developer shall
notifY the City and watershed district 48 hours in advance of grading so that the construction
limit fence may be field inspected and approved by the City Engineer and City Forester.
Developer shall maintain the construction limit fence until written approval is granted by the
City to remove the fence. .
8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The
irrigation system shall be designed such that sprinkler heads do not direct water on or over
public trails or sidewalks.
Developer agrees to complete implementation of the approved irrigation plan in accordance
with the terms and conditions ofExlnbit C prior to issuance of any occupancy permit for the
Property.
9. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the
City Planner and receive the City Planner's written approval of a final landscape plan for the
Property. The approved landscape plan shall be consistent with the quantity, type, and size
of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the
City Planner and receive the City Planner's approval of a landscape bond equal to 150% of
the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer agrees to complete
implementation of the approved landscape plan in accordance with the tertns and conditions
ofExlnbit C.
10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,
and receive the City Planner's written approval of a plan for screening of mechanical
equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes
gas meters, electrical conduit, water meters, and standard heating, ventilating,. and air-
conditioning units. Security to guarantee construction of said screening shall be 'included with
that provided for landscaping on the Property, in accordance with City Code requirements.
Developer shall complete implementation of the approved plan prior to issuance of any
occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not meet
the Code requirements to screen mechanical equipment from public streets and differing,
adjacent land uses, then the City Planner shall notify Developer and Developer shall take
corrective action to reconstruct the mechanical equipment screening in order to cure the
deficiencies identified by the City Planner. Developer agrees that City will not release the
security provided until Developer completes all such corrective measures.
11. PROOF OF PARKING SPACES: Developer and City acknowledge that the 18 proof of
parking spaces proposed for the Property, depicted in Exhibit B, are designated for use by the
Walgreens and that said spaces are not required to be constructed at this time. '
At such time as the City Manager, in his or her sole discretion, determines that it is necessary
for all or a portion of the proof of parking spaces to be constructed in order to accommodate
Walgreens, the City Manager shall notify the Developer in writing of the need to construct
additional proof of parking spaces. This notification shall include the number, location and
timetable for construction of the additional proof-of-parking spaces. Developer shall comply
with all requirements contained in the City Manager's notification.
12. RET AINING 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 Exlnbit 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 ofExlnbit C, attached hereto, prior to issuance of
any occupancy pennit for the Property.
13. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit
for grading or construction on the Property, Developer shall submit to the Parks and
Recreational Services Director and obtain the Director's written approval of detailed plans for
sidewalks and trails to be constructed on the Property. Developer shall convey access
easements for such sidewalks and trails in such locations as determined by the Parks, and
Recreation Services Director. Sidewalks and trails shall be constructed in the following
where shown on Exlnbit B.
Developer agrees to complete implementation of the approved plans in accordance with the
terms ofExlnbit C prior to issuance of any occupancy pennit for the Property.
14. SIGNS: Developer agrees that for each sign which requires a pennit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's
written approval of an application for a sign pennit. The application shall include a complete
description of the sign and a sketch showing the size, location, the manner of construction,
and other such information as necessary to inform the City of the kind, size, material
construction, and location of any such sign, consistent with the sign plan shown on Exlnbit
B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a.
. 15. TRASH: Developer agrees that all trash, trash receptacles aQ.d recycling bins shall at all times
be located inside of the building enclosures depicted on Exhibit B.
16. TREE LOSS -TREE REPLACEMENT: There are 3,683 diameter inches of significant
trees on the Property. Tree loss related to development on the Property is calculated at 1,464
diameter inches. Tree replacement required are 737 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 737 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 pennit issuance.
17.· SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet
in height. Developer shall complete implementation of the approved lighting plan prior to
issuance of any occupancy permit for the Property.
18. PEDESTRIAN WALKWAYS IN FRONT OF RETAIL BUILDINGS: Prior to building
permit issuance, Developer agrees to submit a revised plan for the pedestrian walkways in
front of the retail buildings, consistent with the pedestrian walkway plan for Commercial West
One, as shown on Exlnbit B, attached hereto. Final construction plans shall include
decorative paving, lighting, street furniture, and landscaping. Developer agrees that the
pedestrian walkways shall be same for all commercial buildings within the Planned Unit
Development.
19. SENIOR HOUSING AND RETAIL SITE: Developer agrees that the senior housing and
retail plan is conceptual and no site plan approval is granted. Developer agrees that site plan
approval from the Planning Commission and City Council is required prior to the issuance of
any building permit for the property.
20. 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, fitilures 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 becaust: of any inspection, review or approval by City.
CITY COUNCIL AGENDA DATE: Oct. 19, 1999
SECTION: Reports Director Parks and Recreation Services
SERVICE AREAlDMSION: ITEM DESCRIPTION: Preserve Park ITEM NO:
Parks and Recreation Renovation Meeting with Residents
Robert A. Lambert Director ~ xll.f./.
SUMMARY OF MEETING WITH RESIDENTS:
On September 28, 1999, the City Manager and the Director of Parks and Recreation Services met
with residents living near the Preserve Park to discuss the concerns regarding the park renovation
plan. At that meeting, the focus of the discussion was on the location of the hockey rink.
Residents requested staff to address three issues:
1. Visual Impact on Their Homes
2. Lights
3. Noise
Visual Impact
Residents requested staff to contact surrounding communities that used portable rinks to
determine if that was a viable option. Residents strongly supported removing the rink during the
summer months. If that was an not option, they wanted staff to assure them that the rink could
be adequately screened from adjacent homes.
Lights
Residents requested staff to determine if different lights could be used for the hockey rink and if
the lighting fixtures could be down cast to eliminate glare of the lights themselves.
Noise
Residents were concerned about the noise of the hockey puck hitting the boards.
Staff indicated that there is not much they could do about the noise concern and reminded
residents that the rink was used during December, January and February when windows are
closed and the noise should not be a significant issue. Staff also pointed out that this rink will be
260 feet from the nearest home and there are other rinks within the community that are much
closer to residential homes and the City does not receive complaints regarding these rinks.
I
Preserve Pak Renovation Meeting with Residents
October 19, 1999
Page 2
On October 11,1999, the Director of Parks and Recreation Services and the Parks and Natural
Resources Manager met with eight residents from the Preserve neighborhood to discuss the staff
findings regarding portable rinks and lighting options. A copy of a telephone survey regarding
portable rinks in adjacent communities is attached to the memorandum. Staff indicated to
residents that it would be the staff recommendation not to initiate a practice of using portable
rinks when every other community contacted is doing its best to phase out those rinks.
Staff assured residents that the best use of available funds to reduce the visual impact of this
hockey rink is to screen the facility with large plant material. Staff will meet with residents in
early April to field locate plant materials that will effectively screen a good portion of the rink
from adjacent residents. Staffwill also use any available excess fill to construct a berm along the
north end of the rink.
Staff reviewed two different options of lights that can be used to light skating rinks -quartz
fixtures or metal halide fixtures. The new standard for lighting hockey rinks with downcast
metal halide fixtures is two 50-foot poles on opposite comers of the rink. The more downcast
the fixture, the higher the pole has to be to provide the same amount of foot candle lighting in the
middle of the rink. Staff recommended the lowest impact on adjacent properties would be to
stay with the existing 20-foot poles and quartz lights. Staff agreed that we would put a shield on
the quartz lights that would help direct lighting down on the rinks, rather than beyond the rink
facility. Staff pointed out that it would be much easier to screen 20-foot light fixtures than 50-
foot high fixtures. Residents concurred with the 20 foot high quartz lighting configuration.
CONCLUSION:
None of the eight residents attending the meeting seemed to indicate they would be satisfied with
anything less than moving the rink during the summer months. Each of the residents seemed to
understand why staff was not supporting that recommendation; however, they did not agree with
the recommendation. All of the residents want to be assured that they would be contacted in the
spring to be able to meet with staff and locate the screening material that would best address
their concerns. Staff committed to meet with each of the residents that front on the park in early
April and would begin transplanting material between April, 15 th and May 15 th of the year 2000.
The meeting adjourned at approximately 8:45 p.m.
BL:mdd
H:\Renovation MeetinglLambert
MEMORANDUM
To: Chris Enger, City Manager
From: Bob Lambert, Director of Parks and Recreation Services
Date: September 30, 1999
Subject: Survey of Municipal Communities Regarding Portable Hockey Rinks
RECOMMENDATION:
Based on discussions with Park and Recreation Directors from several metropolitan communities
that utilize portable skating rinks, City staff do not recommend the City of Eden Prairie initiate
construction of a portable rink for Nesbitt Preserve Park.
BACKGROUND:
City staff agreed to meet with residents living adjacent to Nesbitt Preserve Park on September
28, 1999 to discuss concerns regarding the park renovation plan. At that meeting, the focus of
the discussion was the location of the hockey rink. Residents who could view the hockey rink
were in favor of either eliminating the hockey rink or having the City consider installing a
portable hockey rink that could be removed during the summer months. Staff agreed to contact
several metropolitan Park and Recreation Directors that utilize portable rinks to determine the
pros and cons of those facilities. This memorandum provides a summary of the discussion with
these city officials.
PORTABLE RINK SURVEY:
Mary Beth Buckman had indicated she had contacted the cities of Minneapolis, Edina, Richfield,
and Roseville to discuss pros and cons of portable rinks provided by their communities. Staff
attempted to contact representatives from each of those cities, as well as Hopkins and .
Bloomington.
Edina -John Keprios, Director of Park and Recreation
Mr. Keprios indicated that the City of Edina does not have portable rinks. They eliminated those
a number of years ago due to the labor intensive problems with those facilities, as well as the
lack of indoor storage space. Mr. Keprios indicated that it was his belief that those facilities
would not be acceptable in Edina due to the difficulty of maintaining straight sideboards and the
fact that you can't provide round comers with portable rinks.
Portable Hockey Rink Memo
September 30, 1999
Page 2
Bloomington -Paul Edwards, Superintendent of Maintenance
Mr. Edwards indicated that the City of Bloomington presently has 19 hockey rinks.
Bloomington used to have 12 portable rinks. This year they have six. Their goal is to eliminate
all portable rinks. Portable rinks are labor intensive. They require large indoor storage areas and
it is difficult to provide satisfactory lighting without going to significantly higher light standards
when lighting from one side of the rink. Portable rinks are generally only used when the rinks
are located in an area that needs to be used as an outfield or a soccer field during the summer
months; therefore, light standards can only be provided on one side (outside of the playing field
for the soccer or softball field).
Richfield -Rick Bean, Superintendent of Public Works and Park Maintenance
Richfield has seven permanent rinks and one portable rink. Staff have recommended for several
years to eliminate the portable rink due to the problem with storage. The rink has been stored at
the golf course, which is been lost to the Metropolitan Airports Commission expansion;
therefore; future storage will most likely have to be outdoors, which will cause rapid
deterioration of the boards. It takes three park maintenance employees two days to set up the
rink and one to take down the rink. The rink is only used for practices or recreational hockey as
it can be lighted on only one side and does not meet the foot candle requirements for hockey
games.
Roseville -Bob Biersheid, Director of Parks and Recreation
Roseville has three rinks that are currently taken down during the summer months; however,
their goal is to eliminate those types of rinks and replace them with permanent rinks within three
years due to the high maintenance cost. Mr. Biersheild's responses were similar to other city
officials. Roseville had problems with storage of the facilities and believes that portable rinks
are much more labor intensive than maintenance of permanent facilities.
Minneapolis
City staff did not get a response from the City of Minneapolis Park Maintenance Department.
Hopkins -Ray Voghtman, Park Superintendent
The City of Hopkins has six hockey rinks. Two rinks are portable. It requires five employees
one day to set up the rink and one-day to take down the rink. Rinks are made of 4x8 sheets of
plywood and posts are channel posts driven into the ground. Plywood sheets are bolted to the
channel posts. Comer radiuses are 45 degrees (can't provide curved radiuses). The lighting for
one of the portable rinks is the existing lighted baseball field lights. Lighting for the other
portable rink is lighting on one side. Those lights do not provide sufficient foot candle to host
hockey games; therefore, only practices and recreational skating can occur on that rink. Poles
are somewhat taller than 30 feet. The storage for the rinks requires one double deep garage and
must be stored inside.
Portable Hockey Rink Memo
September 30, 1999
Page 3
The portable rinks are located in parks where there is not space to provide a permanent rink
without eliminating another facility. In his opinion it is the only reason Hopkins provides
portable rinks at those sites.
CONCLUSION:
All of the cities contacted discouraged use of portable rinks and recommended the use only as a
last resort. The City of Eden Prairie does not have any indoor storage space available. In fact,
the City will have to probably rent some indoor space at the airport or other location in order to
store existing equipment this year. The staff is currently attempting to negotiate to acquire
additional land adjacent to the public works garage to accommodate existing outdoor storage
needs. Staff does not believe that providing taller lights that would be required to meet Eden
Prairie's lighting standards for skating would be acceptable to adjacent neighbors. Staff would
recommend attempting to screen the facility with the use of landscape material and reducing the
impact of lighting by the use of downcast light fixtures that would also meet City lighting
standards for hockey rinks.
BL:mdd
H:\Lambert\Portable Hockey Rink Memo
them in directly to work. The circulator would run during peak AM and PM periods during the
weekday, as well as for an extended lunch hours (between 11-2 PM) Monday-Friday.
NEWSLETTER AND WEBSITE
It is important to keep the (company/employer/developer name) employees, and employees of
other businesses that are participating in similar efforts, informed of all available services and
incentives. A quarterly newsletter that explains services, advertises participants and new
services, and promotes ridesharing and transit should be sent to all program participants and
prospective users.
Proposed Transportation Demand Management Budget
(years 1999 - )
TDM SERVICES 1999 2000 2001 2002 2003
$ $ $ $ $
Guaranteed Ride Home
Employer Vehicle Fleet
Ridematching
Vanpool Coordination
Transit Circulator System
Newsletter and Website Prod.
Miscellaneous
Direct Expenses
Office Equipment
Utility (Phone)
Newsletter and Website Technical
Assistance
Posta2e
Marketin2/Promotional
Computer Hardware and Software
Labor (.5 FTE)
Pension and Benefits
Total $ $ $ $ $