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HomeMy WebLinkAboutCity Council - 11/02/1999AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 2,1999 CITY COUNCIL: 8:00 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 MEETING HELD TUESDAY, OCTOBER 19, 1999 V. CONSENT CALENDAR A. CLERK'S LICENSE LIST 1. Resolution Approving the Lawful Gambling Premises Approval for the Eden Prairie Hockey Association B. RESEARCH SECOND ADDITION by Starkey Laboratories. 2nd Reading for Planned Unit Development Concept Amendment on 13.13 acres, Planned Unit Development District Review with waivers in the 1-5 Zoning District, and Preliminary Plat on 13.13 acres into 2 lots. Location: Flying Cloud Drive and Crosstown Circle. (Ordinance for PUD District Review and Zoning District Amendment) C. OFFICE RIDGE CIRCLE SOUTH Request by Cluts, O'Brien, Strother. 2nd Reading for Planned Unit Development Concept Amendment on 8.87 acres to the overall 31 acre Bryant Lake CenterlLakeridge Office Park PUD, Planned Unit Development District Review with waivers on 8.87 acres, Zoning District Change from Commercial Regional Service to Office on 1.67 acres, Zoning District CITY COUNCIL AGENDA November 2, 1999 Page 2 Amendment within the Office District on 7.2 acres, Site Plan Review on 8.87 acres, and Preliminary Plat of3.85 acres into I lot, and 1 outlot. Location: Between Market Place Drive & Office Ridge Circle. (Ordinance for PUD District Review and Zoning Change, and Resolution for Site Plan Review) D. EDEN PRAIRIE MALL -VON MAUR Request by General Growth Properties. 2nd Reading for Planned Unit Development Concept Review on 80 acres, Planned Unit Development District Review with waivers on 10 acres, Zoning District Amendment within the Regional Commercial Service District on 10 acres, and Site Plan Review on 10 acres. Location: Eden Prairie Mall -East Side. (Ordinance for PUD District Review and Zoning District Amendment, and Resolution for Site Plan Review) E. ADOPT RESOLUTION APPROVING FINAL PLAT OF OAKPARKE 1ST ADDITION F. ADOPT RESOLUTION APPROVING FINAL PLAT OF BRYANT LAKE CENTER 3RD ADDITION G. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FORFARBERS H APPROVE AMENDMENT TO COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT FOR TH 212-STAGE II CONSTRUCTION PROJECT I.C. 93-5302 (Resolution) I. APPROVE EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE USE OF EPDB ELECTRONIC MAPS (Resolution) J. AUTHORIZE MAYOR AND CITY MANAGER TO EXECUTE PROJECT MANAGEMENT AGREEMENT -EDEN SHORES SENIOR HOUSING PROJECT K. APPROVE CONTRACT WITH MASYS CORPORATION FOR PUBLIC SAFETY RECORD MANAGEMENT SYSTEM AND COMPUTER AIDED DISPATCH SYSTEM L. SECOND READING OF AN ORDINANCE FOR A STREET NAME CHANGE FOR A PORTION OF KURTZ LANE TO ADDIE LANE VI. PUBLIC HEARINGS / MEETINGS A. CHRESTOMATHY II by Chrestomathy, Inc. Request for Zoning District Change from Community Commercial to a Office Zoning District on 1.22 acres and Site Plan Review on 1.22 acres. Location: 7465 Eden Prairie Road. (Ordinance for Zoning District Change) CITY COUNCIL AGENDA November 2, 1999 Page 3 B. PROPOSED INCREASE FOR THE 3.2 BEER ANNUAL APPLICATION FEE & THE 3.2 BEER AND ON-SALE WINE INVESTIGATION FEE (Resolution) VII. PAYMENT OF CLAIMS VIII. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 4.08, REVOCATION, SUSPENSION OR FINE, RELATING TO BEER, WINE AND LIQUOR IX. PETITIONS, REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION (Councilmember Nancy Tyra-Lukens) XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Distin&uished Bud&et Presentation Award c. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Potential Expansion of Birch Island Park 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 1. Adopt Policy Relating to Licenses & Authorize Use of Letter of Intent and License A&reement for Commercial Communication Towers and Antennas & Adopt Resolution Amendin& the Fee Resolution CITY COUNCIL AGENDA November 2, 1999 Page 4 XIII OTHER BUSINESS A. COUNCIL FORUM INVITATION XIV. ADJOURNMENT UNAPPROVED MINUTES 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-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 I CALL THE MEETING TO ORDER Acting Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Mayor Jean Harris was absent. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger removed Item V.E. and moved Item V.F., to IX.A .. Enger added Item VIII.B., Bluffs Country Village, East Commercial, West Commercial and Residential. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the agenda as published and amended. Motion carried 4-0. IV. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 5,1999 MOTION: Case moved, seconded by Thorfinnson, to approve the minutes of the City Council Workshop held Tuesday, October 5, 1999, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 5, 1999 MOTION: Butcher-Younghans moved, seconded by Case to approve the minutes of the City Council meeting held Tuesday, October 5, 1999, as published. Motion carried 4-0. I CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 2 V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 99-183 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 No. 99-184) D. AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH TKDA FOR DESIGN AND CONSTRUCTION ADMINISTRATION FOR WELL #14. I.C. 99-5500 E. AUTHORIZE MAYOR AND CITY MANAGER TO EXECUTE PROJECT MANAGEMENT AGREEMENT -EDEN SHORES SENIOR HOUSING PROJECT F. AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH KERN. DEWENTER, VIERE. LTD. FOR AUDITING SERVICES FOR 1999 -2001 G. PROCLAMATION PROCLAIMING OCTOBER 25-29 EDEN PRAIRIE EAGLE MARCHING BAND WEEK MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve Items A-G on the Consent Calendar, with Items E and F deleted. Motion carried 4-0. 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 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 No. 99-185 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, Resolution No. 99-186 for Preliminary Plat, and Resolution No. 99-187 for MUSA Addition) Enger reported that official notice of this public hearing was published on September 23, 1999, in the Eden Prairie News and sent to 42 surrounding property owners. Dan Herbst, of Pemtom Land Company, explained the location of the project is at the eastern end of the Settler's Ridge project, which his company has been developing. The Brown site has a total of 23.87 acres, and would be developed in two phases. Phase I would consist of development of approximately 3.7 acres, CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 3 divided into 8 family lots, with 6 acres dedicated to the City for parkland. Phase II would consist of 7.44 acres, with replatting of 4 lots, and a 7 -acre outlot dedicated to the City. They plan to preserve all of the existing Indian burial mounds. As many trees as possible will be saved and moved to the front of the site. The developer plans to extend the trail on the Welter property through the ravine up to the park, if this can be worked out with owner. Otherwise a trail connection will be made from Overland Trail to Dell Road along the private road. Pemtom has requested a 1.65- acre amendment to the MUSA Line for the restored ravine area. Butcher-Y ounghans said this development plan is a model for historic preservation. There would be a 12-foot buffer from the earthworks, but she wondered what else could be done to protect them from incursion by landowners. Herbst said the area will be protected with a conservation easement. Pemtom would include this in the language of the Declaration of Covenants. Uram stated the Planning Commission reviewed this proposal at its September 13, 1999, meeting and recommended it for approval by a 4-0 vote. Some concerns were expressed about preserving the earthworks. Lambert stated the Parks, Recreation and Natural Resources Commission reviewed this project at its September 20, 1999, meeting and voted 4-0 to approve it. The Commission recommended a 5-foot sidewalk be built at the back of the curb along the private street to the east property line. However, the developer would have to get an easement to connect the trail to Dell Road, so it is hoped the developer is successful in negotiating a direct trail connection. The Park and Recreation Service Area recommended the City Council consider approving it, subject to providing a trail connection from Overland Trail to Dell Road along the private road. This needs to be resolved before the City would allow any building permits. Acting Mayor Tyra-Lukens inquired if anyone wished to address the Council about this proposal. No one did. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution No. 99-187 for Comprehensive Guide Plan Amendment for the MUSA Line expansion of 1.65 acres; and adopt Resolution No. 99-185 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 RI-13.5 on 4.09 acres, and Zoning District Amendment with the RI-13.5 Zoning District on 1.02 acres and the RI-9.5 Zoning District on .82 acres; and adopt Resolution 99-186 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 condition that a snow fence be put around earthworks during grading and construction. Motion carried 4-0. 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 No. 99-188 for PUD Concept Amendment and Resolution No. 99- 189 for Preliminary Plat) CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 4 Enger stated that official notice of this public hearing was published on September 23, 1999, in the Eden Prairie News and sent to 56 property owners. Brian Sullivan, with RLK Kuusisto, engineers and planners for Research Second Addition, said this is a request to subdivide the existing property into two lots, one of which will be retained by Starkey Laboratories and the other will be put on the market and sold. Originally they had proposed a different location for the lot line, which bisected the wetland. The City's Engineering Division recommended relocating the lot line to avoid going through the wetland, and this has been done. This created one lot that is less than the 5-acre minimum required by City Code, and a waiver has been requested. Uram said the Planning Commission voted 4-0 to recommend approval of the proposal at its September 13, 1999, meeting. Acting Mayor Tyra-Lukens asked if anyone wished to address the Council about this project. No one did. MOTION: Thorfinnson moved, seconded by Case, to close the public hearing; and adopt Resolution No. 99-188 for PUD Concept Amendment on 13.13 acres; and 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 Resolution 99- 189 for Preliminary Plat on 13.13 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 4-0. 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 No. 99-190 for Guide Plan Change, Resolution No. 99-191 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Change and Resolution No. 99-192 for Preliminary Plat) Enger said official notice of this public hearing was published on October 7, 1999, in the Eden Prairie News and sent to 142 surrounding property owners. Bill Griffith, of Hartford Financial Services, said their most recent proposal for the site was in 1998, but the restaurant on the site was not approved and the proposal was withdrawn. This new proposal is for a three-story senior complex with 142 units, and an office building with 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. It is hoped that the office building will be used as a medical center for the residents of the senior complex, which will have 74 independent living units; 48 units for assisted living, where some care will be Lj CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 5 provided; and 20 units for residents with memory loss, who would require the greatest amount of care. Some of these will be set aside for affordable housing, and this matter will be brought up at a future meeting after the proposal is approved. He cited the need for housing in Eden Prairie that provides senior services at various levels, as this one does. The Eden Prairie Senior Issues Task Force found a need for more affordable senior housing. After the Planning Commission meeting, some changes the Commission requested have been addressed. Along the southerly edge of the site are existing town home units. To screen them from the project, a solid wall of lO-foot to 15- foot conifers will be planted along the south edge of the property. The existing wetland area is not being encroached upon and will be protected with a conservation easement. They have also looked at different alternatives for moving the office building farther from the residents of the town houses. He said Staff supports the last plan revision, which shows a setback of 70 feet. The number of vehicle trips per day in and out of the complex is estimated at 891. People living in a senior complex generate fewer trips and need less parking than in other housing complexes. Underground parking would be available for the people working in the office building, and the garage area is below the berm adjacent to the neighboring town houses. Tyra-Lukens said the parking for clients coming to the office building is not very convenient, and she asked if there is a way to get more parking closer to the building. Mr. Griffith said two parking spaces were deleted when the plan was changed to move the office building back farther on the site. There was discussion about having a skyway or enclosed connection between the senior housing and the office building, especially if it contains medical services used by the residents. The developer said this would be looked at in the future when it is known how the office building will be used. Acting Mayor Tyra-Lukens inquired if anyone wished to address the Council. Nora Van Haaften, 11041 Lexington Drive, showed pictures of her town house unit to indicate the difference in scale between her house and the senior housing complex. She said anything the architect can do to lower the scale of the senior housing complex would be appreciated. MOTION: Case moved, seconded by Butcher-Younghans, to close the public hearing; and adopt Resolution No. 99-190 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 Resolution No. 99-191 for PUD Concept Amendment on 8.97 acres; and approve 1st Reading of the Ordinance for a PUD District Review with waivers and 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 Resolution No. 99-192 for Preliminary Plat on 8.97 acres into two lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. r !J CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 6 Discussion followed. Case inquired if the developer will go ahead with the project even if the City decides not to participate with funds for affordable housing units. Jay Jensen from Shelter Corporation responded they would have to go back to the corporation's Board of Directors, because going ahead without the affordable housing units would be against their Charter. Thorfinnson asked where the City stands on affordable housing at this time. Dram replied Staff discussion about forming a TIF housing district for this project is ongoing. Enger added the City has subscribed to the Metropolitan Council's Livable Communities Act and has been working to meet those goals. This project appears to be commensurate with those goals. However, it will be necessary to take a look at how much more, and to what degree, the City is going to use TIF for these projects. Thorfinnson suggested discussing this subject at a future workshop. Steve Burch, from LSM Architects, said they had originally thought of having a skyway connection between the housing complex and the office building, but do not consider that to be part of their proposal at this time. Thorfinnson said if the office building is used for medical services, there should be a connection to the housing complex. Case said there should at least be a sidewalk between the two and, if the office building attracts tenants offering medical services, the sidewalk should be covered or a skyway built. It could be a Council condition that it be a medical services building and not just another office building, and also to move it away farther from the berm. Jack Brandt, Hartford Financial Services, asked Council for flexibility in the use of the office building. It appears the market is strong for renting out 20,000 square feet. If the market is there, it would make sense to use it as a medical building. Butcher-Y ounghans said she was comfortable not tying the office building to a medical use. If it is not used for medical services now, it could be in the future. Thorfinnson said he would like more direct access if it becomes medical. Thorfinnson inquired what the elevation of the buildings are compared with the town home belonging to Nora Van Hafften. Perry Ryan, Ryan Engineering, replied they are at relatively the same elevation. There may be 3-or 4 feet difference in elevation at the first floor level. The berm is 12-feet high, or at about the second floor of the town house. Jim Burch added the new proposal would place their building 11 feet farther away, and the berm and retaining wall would also be moved. Acting Mayor Tyra-Lukens directed Staff to look at the issue of access to the medical office building before the 2nd Reading. She called for a vote on the motion before Council. Motion carried 4-0. CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 7 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 Authorizing Release of Restriction Resolution for Guide Plan Change, Ordinance for Zoning District Change and Resolution for Preliminary Plat) Enger said official notice of this public hearing was published on October 7, 1999, in the Eden Prairie News and sent to 34 surrounding property owners. Gary Tushie, Tushie, Montgomery Architects, said they plan to construct two single-story office buildings of 18,000 square feet each, with parking on three sides. Uram said one issue that needs to be discussed is that there is a deed restriction on the property for church use, which will expire in 2001. Part of this project is to obtain City Council approval to remove the deed restriction at this time. The proponent is also requesting a Comprehensive Guide Plan change from Church to Office. The City has requested an access from the most westerly parking lot of these buildings to provide another access for the City, if it is needed. The Planning Commission voted 5-0 to approve the project at its September 20, 1999, meeting. Enger explained the City has a right to ask for additional access through this property. However, the City has some leasing restrictions on its property that would have to be worked out if an access was built. There are no plans to construct it now. Acting Mayor Tyra-Lukens inquired if anyone wished to address the CounciL Beth Schulke, 8481 Hiawatha Avenue, questioned the wisdom of developing office buildings in this residential area. There appears to be a lot of office space for rent. Also, since this is Public land, she recommended not rezoning it at this time. There is value in having open space. She asked to have the developer wait a while and said a number of her neighbors agree with her. Theodore Hong, 8210 Hiawatha Circle, said there was a lot of noise and disruption when the fire station was built, and there is still a lot of debris on the property, some of which blows into his yard. Now residents are being asked to endure the construction of these office buildings, and he asked for a delay. When built, these office buildings will add more traffic. There are no left-turn or right- turn lanes on Scenic Heights, so it is difficult to make turns. However, he hopes this additional traffic will not lead to having a four-lane road. Thorfinnson said although this is zoned Public land the church actually owns this piece of land. Butcher-Y ounghans said the debris on the fire station property mentioned by Mr. Hong, needs to be cleaned up. CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 8 MOTION: Case moved, seconded by Thorfinnson, 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. Discussion followed. Butcher-Younghans, Thorfinnson, and Tyra-Lukens expressed a lack of enthusiasm for this project. Butcher-Younghans said she doesn't believe it fits well in this neighborhood, and Thorfinnson said it would be better situated on Technology Drive. Tyra-Lukens said she is concerned about the deed-restriction change and the change in the Guide Plan from Church to Office. She also expressed concern about the additional amount of traffic this project would generate and would not want to see Scenic Heights widened as a result. Also, architecturally, she doesn't believe the office buildings are a good fit in this neighborhood. They are basic office buildings with a metal roof. Enger said since there are four members of the Council present, and a Guide Plan change takes approval of all five members, that cannot be done at this time. Staff looked at the traffic issues and access issue. Scenic Heights Road was designed to handle this additional amount of traffic -about 300-to 400 trips daily. It is essentially a four-lane undivided road, and there are no plans to widen it. He empathizes with the neighbors about the growing pains the City is going through at this time. He said it would be in the proponent's best interest to ask for a continuance of the public hearing. Gary Tushie said letters were sent to the neighbors in June, six of whom came to a meeting and were in support of the plan and liked the architecture. He asked for better direction from the Council on what architectural changes they would like to see made. Tyra-Lukens said a list of office buildings, indicating the type of architecture the Council has approved in the past, could be put together for the architects to reVIew. Case said he came to the meeting prepared to vote for this proposal. He believes these office buildings are fairly non-intrusive to the neighborhood and wondered what the other Councilmembers believe should be built on the property. Tyra- Lukens replied she would prefer services that support the neighborhood, such as a day care. Case said it is also appropriate to have offices that serve the neighborhood. They would generate less traffic than a day care. Thorfinnson said he would support the proj ect if the architecture had a more residential look. Butcher -Y ounghans said she would approve it if the style were more appropriate to the neighborhood. 9 CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 9 Tyra-Lukens said the proponent may ask for a continuance for architectural changes to make it more residential in nature. Tushie requested continuance to the November 16, 1999, Council Meeting, in order to make architectural changes. Case withdrew his previous motion. MOTION: Case moved, seconded by Butcher-Younghans, to continue this public hearing until November 16, 1999. Motion carried 4-0. Acting Mayor Tyra-Lukens recessed the meeting at 9:05 p.m. for ten minutes. The meeting resumed at 9:15 p.m. 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 outlot. Location: Technology Drive and Prairie Center Drive. (Resolution No. 99- 193 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment and Resolution No. 99-194 for Preliminary Plat) Enger reported that official notice of this public hearing was published on October 7, 1999, in the Eden Prairie News and sent to 6 surrounding property owners. John White, owner of the Pickled Parrot restaurant in downtown Minneapolis, said he has been in the restaurant business since 1970. He and his partner, Chip Ison, have been looking forward to expanding into Eden Prairie. He introduced Darrin Lazon from Landform Engineering. Lazon said the 12,000-square-foot restaurant will be built on a 1.67-acre parcel and will have at least 225 seats. A waiver is being requested for off-site parking on land owned by Southwest Metro Transit. He submitted a letter requesting an early-grading permit. Uram said this project is the culmination of three years of working to find a place for this restaurant. The Planning Commission voted 5-0 to approve this project at its September 27, 1999, meeting. Butcher-Y ounghans inquired at what time of day parking would become available from Southwest Metro. She was told the parking lot starts emptying at about 3:30 p.m. Lazon said parking at the restaurant would be increasing at about the same time the Southwest Metro parking is becoming available. Acting Mayor Tyra-Lukens inquired if anyone wished to address the Council on this project. No one did. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution No. 99-193 for PUD Concept Amendment on 22 acres; and approve 1 st Reading of the Ordinance for PUD District Review 9 CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 10 and Zoning District Amendment within the C-Reg Ser Zoning District on 1.67 acres; and adopt Resolution 99-194 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 to allow an early grading permit at builder's risk. Motion carried 4-0. F. AUTHORIZING A TAX RATE INCREASE FOR THE 1999 TAX LEVY, COLLECTmLE IN 2000 (Resolution No. 99-195) Uram explained that 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 the Truth in Taxation meeting scheduled for December 6, 1999. The tax rate is based on 2000 tax capacity. The "2000 levy certification tax rate" went up because of the proposed levy increase of $1,501,429. The resolution approving the tax rate increase must be certified and filed with the county auditor by October 20, 1999. Acting Mayor Tyra-Lukens asked if anyone present wished to address the Council. No one did. MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution No. 99- 195 authorizing a tax rate increase for the 1999 tax levy, collectible in 2000. Motion carried 4-0. VII. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Thorfinnson, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher- Younghans, Case, Thorfinnson and Tyra-Lukens voting "aye." VIII. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE FOR A STREET NAME CHANGE FOR A PORTION OF KURTZ LANE TO ADDIE LANE Dietz explained there is a cul-de-sac by the name of Kurtz Lane coming off Kurtz Lane 250 feet before the T -intersection where Kurtz Lane turns in a southerly direction and Birch Island Road turns in a northerly direction. Staff received a petition from 100 percent of the affected property owners asking for a street name change to Addie Lane for the cul-de-sac. MOTION: Case moved, seconded by Thorfinnson, to adopt the first reading of an Ordinance changing the name of Kurtz Lane through Birch Island Acres 2nd Addition to Addie Lane. Motion carried 4-0. B. BLUFF COUNTRY VILLAGE WEST COMMERCIAL, WEST RESIDENTIAL, AND EAST COMMERCIAL Request by Hustad Land for Second Reading of the Ordinance for Planned Unit Development District Review /0 CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 11 and Zoning change, adopt Resolutions for Site Plan Review, and approve Developer's Agreements. Location: Pioneer Trail and Highway 169. (Ordinance for PUD District Review and Zoning change and Resolutions for Site Plan Review) Enger explained that the developer is here to go over specific changes requested by the Council at its August 17, 1999, meeting. Since the plan for the senior housing and retail on the East Commercial project is considerably different now, he suggested it go through the public hearing process again. It would be appropriate for Council to concur with the concept at this time; however, the specific site plan would not be approved until after the public hearing. Brian Cluts described the changes made as requested at the 1 st Reading on August 17, 1999. . (1) Bluff Country Village West Residential. -Preservation of tree mass along the northern border. -Public easements on walkways and trails. (2) Bluff Country Village West Commercial Rotate the gas station 90 degrees. Eliminate car wash or limit hours Redesigning architecture of all commercial buildings to be complementary in nature and to include more detail, and texture reflective of a traditional downtown. (3) Bluff Country Village East Commercial Proof of parking on the Walgreens site. Architectural improvements to Walgreens. Road access from Walgreens to be a three-quarter intersection. With regard to the East Commercial project, Cluts said Staff recommendations were to provide an alternate plan for either senior housing or office retail, with a "park and ride." Enger pointed out that the site plan for the housing site is different from the plan approved by the Council on August 17, 1999. The new plan is a 55-unit senior building with a separate 3,500 square-foot retail building. The Council approved a 30-unit senior building with no retail. The housing and commercial plan proposed by the developer is supported by Staff because it eliminates the access road and creates a large benn. Cluts said he would bring this back for submittal to the Planning Commission and afterward to the City Council. Cluts said Walgreens' modified architecture now includes a mansard roof, and shingles, brick and stucco siding to match the other buildings. The % intersection road access from Walgreens has been incorporated into the plans. Butcher-Y ounghans asked what color roof and siding Walgreens will have. Cluts said the colors will be earth tones. Tyra-Lukens said the new design looks II CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 12 basically the same as the previous one, other than the roof line. The colors may be compatible, but the design doesn't tie in with the rest of the buildings on the site. She would like to see it blend with the other buildings. Case said the concept plan that Council saw a year ago had more of a village look. Tyra- Lukens asked Cluts if the roof line could be changed. Cluts responded that Walgreens is doing their own design so he couldn't speak for them. Thorfinnson asked if Cluts knows what the commercial building is going to look like. Cluts showed a concept drawing in black and white, and Thorfinnson said he would like to see Walgreens match the look of this building. Cluts said the "park and ride" concept came as a result of the directive to find 75 parking spaces on the western property. Working with Staff they were able to come up with 58 car spaces in the area directly west of the gas station. An option of sharing the most easterly parking with the retail center would bring this up to 95 parking spaces. They have reviewed this with Southwest Metro, which gave them a planning guide for "park and ride" lots and approved the plan. Enger said since the design of Walgreens is being handled separately and their architect is not here at the meeting, he suggested the property owners' architect be responsible for the overall design for the project, and the Staff could finish up those details on the Walgreens building. MOTION: Case moved, Butcher-Y ounghans seconded, to approve the Bluff Country Village East project except for the senior housing and commercial area, to approve the 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, with the Council condition that Staff scrutinize the changes in the architecture of Walgreens store prior to issuance of any permits. Discussion followed. Pauly questioned whether it is appropriate to separate the East -Commercial for approvals. He asked if the public hearing is for the whole East project. Enger stated returning for a public hearing is contained in the Developer's Agreement for the Bluff Country Village East -Commercial. This agreement will include the requirement for review of the senior site by the Planning Commission and City Council. At this time Council could approve the concept plan for senior housing and all other approvals except for the site plan. The Developer's Agreement with site plan approval is required prior to granting any building permit. He suggested going forward with the West -Commercial and Residential and to continue the East -Commercial for two weeks. Staff would work with Walgreens on the design in the meantime and the Developer's Agreement set up in the right way so that the senior project and retail project can be dealt with separately. He told the proponent it would be in his best interests to request a continuance. Klutz requested a continuance for two weeks, until November 2, 1999. J2r CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 13 Pauly suggested making separate motions for each of the three areas. Case withdrew his original motion. MOTION: Case moved, Thorfinnson seconded, to continue the Bluff Country Village East Commercial until November 2, 1999. Motion carried 4-0. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve the 2nd Reading of the Ordinance for PUD District Review and Zoning change; and adopt Resolution 99-196 for Site Plan Review; and approve the Developer's Agreement for Bluff Country Village West -Commercial. Motion carried 4-0. MOTION: Case moved, seconded by Butcher-Younghans, to approve the 2nd Reading of the Ordinance for PUD District Review and Zoning change; and adopt Resolution 99-197 for Site Plan Review; and approve the Developer's Agreement for Bluff Country Village West -Residential. Motion carried 4-0. IX. PETITIONS, REQUESTS AND COMMUNICATIONS A. AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH KERN, DEWENTER, VIERE. LTD. FOR AUDITING SERVICES FOR 1999-2001 Bill McHugh of Eide Bailly, LLP, asked that the City defer its decision to offer the contract to another auditing firm and to give further consideration to Eide Bailly, which had the second lowest bid. Eide Bailly has been serving Eden Prairie for the past three years and would like the chance to continue as the City's auditors. He pointed out that his firm is located in Eden Prairie, while the other firm is in St. Cloud. Tyra-Lukens said the City is not dissatisfied with the work of Eide Bailly, but has a responsibility to consider the taxpayers' dollars. With the low bidder, the savings to the City would be $9,300 over three years. Uram said that three years ago the City sent out RFPs, and were able to save the City $30,000 by contracting with Eide Bailly. Now other firms' prices are extremely competitive. Kern, Dewenter, Viere audits 60 different communities. Their bid was $74,750 and Eide Bailly's bid was $84,600. Some cities require switching auditors every three-or five years. The Staff is recommending using this firm for the next three years, based on the quality of the firm and submittal of the lowest bid. Thorfinnson said, while he doesn't disagree the that City needs to be fiscally responsible, he doesn't like to take business away from an Eden Prairie business and send it to a St. Cloud business. If there is an option, he would like to support businesses in Eden Prairie. Case inquired if Staff tries to go with Eden Prairie businesses if bids are close. Enger said the direction historically has been to buy from Eden Prairie businesses, particularly for commodities. For items being bid the City would be required to 13 CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 14 take the low bid. However, for contracted services the City is more flexible and doesn't have to take the low bid. It is within the purview of Council to select the firm they wish to pick. If Council thinks the amount is not substantial and would like to give the contract to an Eden Prairie firm, there would be no problem with that. Uram explained this contract is a lump-sum package, including the City, Southwest Metro, and the Firefighter's Relief Association. He believes the $74,750 bid would be the best deal for Eden Prairie. Butcher-Y ounghans said she believes in using Eden Prairie services, but also believes in healthy competition. She would be willing to go with the firm Staff suggested, with the idea that in three years Eide Bailly could again submit a bid. Case said he would be in favor of using the new accounting service. Tyra-Lukens said the difference in the bids is 15 percent, which is significant. She invited Eide Bailly to bid again in three years. MOTION: Butcher-Younghans moved, seconded by Case, to authorize professional services contract with Kern, DeWenter, Viere, Ltd. for auditing services for 1999-2001. Motion carried 4-0. 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 Butcher-Younghans said it was brought to her attention that there has been some severe vandalism to Overlook Park, one of the most historic sites in the City. This park is owned by the Metropolitan Airports Commission, and is a former wayside rest that offers a vista of the Minnesota River Valley, right off Highway 212. The City has given the park heritage site designation, and it is eligible for the National Register. Butcher-Younghans said the wayside rest and its stone walls are believed to have been constructed in 1938 as part of the WPA program and, therefore, part of our American culture. In the past week someone has hammered out part of the wall and stolen the Platteville limestone, which is now difficult to obtain. It needs to be rebuilt, if possible. In addition to this damage, there are car parts, shingles, and other trash that has been dumped there. She believes there may still be enough left of the wall for it to be eligible for the National Register. CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 15 Butcher-Younghans asked citizens to be aware of the City's historic sites and if they see anything suspicious going on, to contact the Eden Prairie police. Enger said the police are looking into this vandalism. Staff will be working with MAC to secure this site and to get it cleaned up. It has been overgrown with vegetation, and lack of visibility of the site contributes to its abuse. Significant restoration of the site will be required. Eden Prairie police will be asked to patrol the area more frequently. The City will also attempt to make citizens more aware that this is a historic site. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Report of Preserve Park Renovation MeetiDl~ with Residents Lambert met with Preserve Park neighborhood residents on September 28 and had a second meeting on October 11 in an attempt to resolve their concerns about the park renovation. At the second meeting they addressed the question of using portable rinks. After evaluating this option, Staff s recommendation was to not use portable rinks. Other cities are trying to get away from using them. The residents agreed to accept the use of 20-foot hooded light standards around the rink. The City has received 2500 yards of free fill to build a berm 3-to 4-feet high, and next spring 8-to 10-foot evergreens will be planted. This should address most of the neighbors' concerns. Enger said these concerns were brought to Council's attention at a recent Council forum. One of the concerns voiced by the people at the forum was the process the City went through. The process the City has was followed well. After meeting with about 30 neighbors of the park, the comments made caused him to think about the structure of the new Boards and Commissions. He believes this new structure would address the types of concerns people had about the Preserve Park project. One person asked if the City considers changing demographics into consideration when planning a park like this, which it does. This is one ofthe City's Strategic Initiatives. Under the reorganization of the Boards and Commissions, the Community Program Board would look at suggestions from the Parks, Recreation, and Natural Resources Commission, and evaluate those, and one question that would be addressed would be consideration of changing demographics. The needs of some people in the Preserve Park neighborhood have changed over the years. There is an increasing need in the community for organized athletics, which is not necessarily the result of changing demographics, so people living around the neighborhood park have different needs. In the future a park plan like this would go to the } -~' CITY COUNCIL UNAPPROVED MINUTES October 19, 1999 Page 16 Community Planning Board, which would be considering the project from the standpoint of the site plan alone, and the Community Program Board would be looking at whether or not the programming of it meets the City's Strategic Plan. Enger believes the City is going in the right direction in following this new process. 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 Acting Mayor Tyra-Lukens 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. 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. Acting Mayor Tyra-Lukens adjourned the meeting at 10:35 p.m. ! ! .1 \" CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 2, 1999 SERVICE AREAlDIVlSION: ITEM DESCRIPTION: ITEM NO.: Community Development Clerk's License Application List V.A. & Financial Services/ Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. CONTRACTOR AIR MECHANICAL INC AIR QUALITY SERVICES CHECK EQUIPMENT INC ERICKSON PLMBG, HTG, COOLING FIVE STAR PLUMBING INC FORE MECHANICAL INC MCCARTHY CONSTRUCTION INC EXCLUDED BINGO EDEN PRAIRIE LIONS CLUB (SCHOONER DAYS -JUNE 2,3,4, 2000) PRIVATE KENNEL DONOVAN~AT&SHARON (DOGS & CATS) - 1 - CITY COUNCIL AGENDA DATE: 11/2/99 SECTION: Consent Calendar SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Resolution approving Lawful Gambling Premises & Financial Services/ Permit Renewal Application V. A.I. Gretchen Laven Requested Action Move to: Adopt the resolution to approve the 1/1/00 to 12/31/01 Premises Permit Application for the Eden Prairie Hockey Association. Synopsis In order for the Eden Prairie Hockey Association to obtain approval from the State to conduct lawful gambling in Eden Prairie, the City must pass a resolution approving the Premises Permit Application. Background Information At the end of 1997, the association requested the Council approve the Premises Permit Application for 1/1/98 to 12/31/99. In January of 1998, the Eden Prairie Hockey Association resumed lawful gambling at the Half-Time Restaurant and Sports Bar. The association conducted lawful gambling prior to 1998 but it had been discontinued in 1994. Attachments CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- APPROVING THE LAWFUL GAMBLING PREMISES PERMIT APPLICATION FOR THE EDEN PRAIRIE HOCKEY ASSOCIATION BE IT RESOLVED by the Eden Prairie City Council as follows: That the application of the Eden Prairie Hockey Association for the premises permit with the State of Minnesota is herein approved. The location for this permit is the HalfTime Restaurant & Sports Bar. ADOPTED BY the Eden Prairie City Council on this 2nd day of November 1999. Jean L. Harris, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: 11102/99 SECTION: Consent Calendar SERVICE AREAlDIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Dram Michael D. Franzen Research Second Addition \).13. Requested Action Move to: Approve 2nd Reading of the Ordinance for PUD District Review within the 1-5 Zoning District with waivers on 13.13 acres. 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 scheduled for the October 5, 1999 City Council meeting, but continued to the October 19, 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. City Council Approved 1 st reading at the October 19, 1999 City Council Meeting. 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. Ordinance for PUD District Review RESEARCH SECOND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 36-99-PUD-27-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the 1-5 Zoning District 36-99-PUD-27-99 (hereinafter "PUD-27-99-1-5). Section 3. The City Council hereby makes the following findings: A. PUD-27-99-1-5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-27-99-1-5 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-27-99-1-5 are justified by the design of the development described therein. D. PUD-27-99-1-5 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. E. PUD-27-99-1-5 grants the following PUD waivers: A waiver from City Code is granted for lot size of 4.81 acres for Lot 2, Block 1 Research Second Addition in the 1-5 Zoning District. City Code requires a minimum lot size of5 acres in the 1-5 Zoning District. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the 1-5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-27-99-1-5, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Sectio~ 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 ofthe City Council ofthe City of Eden Prairie on the 19th day of October 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 2nd day of November, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on'--_____ , -3 RESEARCH SECOND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 36-'99-PUD-27-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE WNING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located IN THE 6400 block of Flying Cloud Drive within the 1-5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description ofthis property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the ___________ ' (A full copy ofthe text of this Ordinance is available from City Clerk.) Exhibit A Legal Description: Lot 2, Block l, Research Addition CITY COUNCIL AGENDA DATE: 11102/99 SECTION: Consent Agenda SERVICE AREAlDIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R Uram Scott A. Kipp Office Ridge Circle South Ut, Requested :\ction Move to: • Approve 2nd Reading of the Ordinance for PUD District Review, Zoning District Change and Zoning District Amendment; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Office Ridge Circle South. Synopsis This is a 28,650 square foot, three-story office building located between Market Place Drive and Office Ridge Circle. Attachments 1. Ordinance for PUD District Review, Zoning District Change and Zoning District Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement I F:\CllYWIOE\Comm. OevlProjectslAc1lve Flles\OIIlce Ridge South\CC 2nd reading cover sheet 11.Q2·99.doc OFFICE RIDGE CIRCLE SOUTH CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 28-99-PUD-22-99 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 Commercial Regional Service Zoning District, and amended within the Office Zoning District and be placed in the Planned Unit Development Office Zoning District 28-99-PUD-22-99 (hereinafter "PUD-22-99-0ffice"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 2, 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 ofPUD-22-99-0ffice, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-22-99-0ffice is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-22-99-0ffice is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-22-99-:0ffice are justified by the design of the development described therein. D. PUD-22-99-0ffice is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Commercial Regional Service Zoning District, and amended within the Office Zoning District and shall be included hereafter in the Planned Unit Development PUD-22-99- Office and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, .subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. publication. This Ordinance shall become effective from and after its passage and FIRST READ at a regular meeting ofthe 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 2nd day of November, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _____________ , OFFICE RIDGE CIRCLE SOUTH CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 28-99-PUD-22-99 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 between Market Place Drive and Office Ridge Circle from the Commercial Regional Service Zoning District to the Office Zoning District, and amending of land within the Office Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on'--______ _ (A full copy of the text ofthis Ordinance is available from City Clerk.) EXHIBIT A Office Ridge Circle South Legal Descriptions: PUD Concept Amendment, PUD District Review, and Site Plan Review - Lots 1,2,3,4,5,6,7,8,9, 10, 16, 17, 18 Block 1, Bryant Lake Center and that part of Lot 15, said Block 1, lying southerly ofLo~ 12 and 13, said Block 1, and lying easterly of a line (and of the southerly extension of said line) described as commencing at the most southerly corner of said Lot 13; thence running South 15 degrees 35 minutes West to the Southerly line of said Lot 1 j and there terminating. The southerly line of Lot 15 has an assumed bearing on North 74 degrees 25 minutes West. Also Lots 1,2 and 3, Block 1, Bryant Lake Center 2 nd Addition Also Outlot B, Extended Stay America Zoning District Change from C-Reg-Ser to Office Outlot B, Extended stay America Zoning District Amendment within the Office District Lots 1,2, 3, 4,5,6, 7, 8,9, 10, 16, 17, 18 Block 1, Bryant Lake Center and that part of Lot 15, said Block 1, lying southerly of Lots 12 and 13, said Block 1, and lying easterly, of a line (and of the southerly extensio.n of said line) described as commencing at the most southerly comer of said Lot 13; thence running South 15 degrees 35 minutes. West to the southerly line of said Lot 15. and there tenninating. The southerly line of Lot 15 has an assumed bearing of North 74 degrees 25 minutes \Vest. Also Lots 1,2 and 3, Block 1, Bryant Lake Center 2nd Addition Preliminarv Plat Outlot B. Extended Stay America Lot 10, Block 1, Bryant Lake Center, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin Cotmty, Minnesota; That part of Lot 15, Block 1, Bryant Lake Center, according to the plat thereof on file and of record in the office of the Registrar of Titles in and Hennepin County, Minnesota, lying southerly of Lots 12 and 13, said Block 1, and lying easterly of a line (and of the southerly extension of said line) described as commencing at the most southerly corner of said Lot 13; thence running South 15 degrees 35 minutes West to the southerly line of said Lot 15 and there terminating. Lot 3, Block 1, Bryant Lake Center 2 nd ~tion. OFFICE RIDGE CIRCLE SOUTH CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR OFFICE RIDGE CIRCLE SOUTH BY HUSTAD LAND COMPANY WHEREAS, "Hustad Land Company has applied for Site Plan approval of Office Ridge Circle South on 8.87 acres for construction of a 28,650 square foot office building located between Market Place Drive and Office Ridge Circle, to be rezoned from the Commercial Regional Service Zoning District to the Office Zoning District, and amended within the Office Zoning District on 8.87 acres by an Ordinance approved by the City Council on November 2, 1999; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 26, 1999, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its September 7, 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 28,650 square foot office building, based on plans dated August 20, 1999, between Hustad Land Company and the City of Eden Prairie. ADOPTED by the City Council on November 2, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPER'S AGREEMENT OFFICE RIDGE CIRCLE SOUTH THIS AGREEMENT is entered into as of November 2, 1999, by, Hustad Land Company, 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 Amendment on 8.87 acres, Planned Unit Development District Review with waivers, Zoning District Change from C-Reg-Ser to Office on 1.67 acres, Zoning District Amendment within the Office Zoning District on 7.2 acres, Site Plan Review on 8.87 acres, and PreliminaIy Plat of 3.85 acres into one lot and one outlot, legally descnbed on ExhIbit A (the ''Property''); NOW, THEREFORE, in consideration of the City adopting, Resolution No. 99-165 for PUD Concept Amendment, Ordinance No. for PUD District Review and Zoning District Change from C-Reg-Ser to Office and Zoning District Amendment within the Office Zoning District, Resolution No. for Site Plan Review, and Resolution No. 99-166 for Pre1imina.ry Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer agrees to deve10p the Property in conformance with the materials revised and dated August 20, 1999, reviewed and approved by the City Council on September 7, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXlDBIT c: Deve10per agrees to the tenns, covenants, agreements, and conditions set forth in ExhIbit C. 3. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in ExhIbit B is conceptual Prior to the release of a land alteration permit for the Property, Deve10per 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 7 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 confonnance 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 confonnance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exlnbit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 4. 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 shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exlnbit C, attached hereto, prior to issuance of any occupancy permit for the Property. 5. 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 shall complete implementation of the approved landscape plan in accordance with the terms and conditions ofExlnbit C. 6. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation ofthe landscaped areas on the Property. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Ex1ubit C prior to issuance of any occupancy permit for the Property. 7. 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 shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions ofExlnbit C, attached hereto. 8. TRASH ENCLOSURE: Developer shall submit to the City Planner, and obtained the City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building, and heavy-duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure pIan prior to issuance of any occupancy permit for the Property. 9. 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. 10. SITE LIGHTING: Prior to building pennit 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 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 11. CROSS ACCESS AND MAINTENANCE AGREEMENTS: Prior to release of a final plat for any portion of the Property, the Developer shall provide a cross access and maintenance agreement for the Property between Lot 1, Block 1, and Outlot A of Office Ridge South as depicted in Exlnbit B, the form of which must be approved by the City Engineer. This Agreement shall address joint vehicle access and maintenance of driveways. All of these facilities shall be privately owned and maintained by the Developer or Owner. Developer shall enter into and provide a use and maintenance agreement with the adjacent property, Lot 1, Block 1, Extended Stay America, the form of which must be approved by the City Engineer. The Agreement shall address the use and maintenance of storm sewer, pond and watennain. Prior to release of a 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 OfficefRegistrar of Titles' Office. 12. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to· release, defend and indemnify because of any inspection, review or approval by City. 13. TRAVEL DEMAND MANAGEMENT PLAN: Developer shall develop and implement a Travel Demand Management Plan (TDM) at the site to help reduce traffic congestion within the area. The TDM Plan, at a minimum, will be consistent with the suggested plan outline and budget, which is attached as Exhibit E. Prior to issuance of a building pennit on the Property, Developer shall submit to the City Planner and receive the City Planner's written approval of a completed TDM Plan. Prior to issuance of building permit, the Developer shall also provide to the City a Letter of Credit in the amount equal to the estimated cost of implementing the first two years of the TDM Plan. The Letter of Credit will be released to the Developer on a "draw-down" basis during the later of the first two years of building occupancy or first two years ofTDM Plan implementation, in the following manor: a) The Developer shall periodically submit to the City receipts of expenses associated with executing the TDM Plan. The City shall have 15 business days to review the receipts. If within this 15 day period the City does not provide the Developer with written notice that it objects to all or any portion ofthe expenses which the Developer has submitted as TDM implementation expenses then in such event Developer may also submit a new or amended Letter of Credit in an amount equal to the previous tota~ less the total receipts submitted. Example: Original Letter of Credit (LOC) = $100,000 First Submittal of Receipts = $ 15,000 New/Amended LOC Amount = $ 85,000 /() 14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Office Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part ofPUD -----' A. Front yard structure setback of20 feet. Code requires 35 feet. B. Zero lot line parking setback. Code requires a 10-foot parking setback. C. Building height to 32 feet. Code maximum is 30 feet. 1/ CITY COUNCIL AGENDA DATE: 11102/99 SECTION: Consent Agenda SERVICE AREAlDMSION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram V,p. Michael Franzen Eden Prairie Mall-Von Maur Requested Action Move to: • Approve 2nd Reading ofthe Ordinance for PUD District Review and Zoning District Amendment; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Eden Prairie Mall-Von Maur Synopsis This is the 160,000 sq. ft. Von Maur department store. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Resolution for Site Plan Review . 3. Developer's Agreement \IEP _FS1ISYS\cmwIOE\Comm. Dev\Projects\Act1ve FileslEden Prairie Mall-Von Maur\CC 2nd reading COIIIIr sheet 11-02-GG.doc EDEN PRAIRIE MALL -VON MAUR CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 26-99-PUD-20-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, . CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Regional Commercial Zoning District 26-99-PUD-20-99 (hereinafter "PUD-20-99-Regional Commercial") to the overall Eden Prairie Mall Planned Unit Development. Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 2, 1999, entered into between City Hill Fellowship and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-20-99-Regional Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-20-99-Regional Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-20-99-Regional 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-20-99-Regional Commercial are justified by the design of the development descnbed therein. D. PUD-20-99-Regional 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 amended within the Regional Commercial District and shall be included hereafter in the Planned Unit Development 20-99-Regional Commercial, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. 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 2nd day of November, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on'--________ , EDEN PRAIRIE MALL -VON MAUR CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 26-99-PUD-20-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at Eden Prairie Mall within the Regional Commercial Service Zoning District. Exhlbit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the ___________ , (A full copy ofthe text of this Ordinance is available from City Clerk.) Exhibit A Eden Prairie -Von Maur Legal Description: Lot 2, Block 1, Eden Prairie Center 8th Addition 6 EDEN PRAIRIE MALL-VON MAUR CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN PRAIRIE MALL-VON MAUR BY GENERAL GROWTH PROPERTIES WHEREAS, General Growth Properties, has applied for Site Plan approval of Eden Prairie Mall-Von Maur on 10 acres for construction of a 160,582 square foot retail addition with parking deck located at Eden Prairie Mall's east side, to be zoned in the Regional Commercial Service Zoning District on 10 acres by an Ordinance approved by the City Council on November 2, 1999; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 23, 1999, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its September 7, 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 General Growth Properties for the construction of a 160,582 square foot retail addition with parking deck, based on plans dated August 20, 1999, between General Growth Properties and the City of Eden Prairie. ADOPTED by the City Council on November 2, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPER'S AGREEMENT Eden Prairie Von Maur THIS AGREEMENT is entered into as of November 2, 1999, by Eden Prairie Mall L.L.C., a Delaware limited liability 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 City for Planned Unit Development Concept Amendment on 80 acres, Planned Unit Development District Review on 10 acres, Zoning District Amendment in the Regional Commercial Zoning District on 10 acres, Site Plan Review on 10 acres for construction ofa 160,582 square foot retail building on 10 acres 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 Amendment in the Regional Commercial Zoning District on 10 acres, and Resolution No. for Site Plan Review. Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer agrees to develop the Property in confonnance with the materials revised and dated September 7, 1999, reviewed and approved by the City Council on September 7, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXIllBIT C: Developer agrees to the tenns, covenants, agreements, and conditions set forth in Exblbit C. 3. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exlubit B is conceptual. Prior to the release of a Jand. 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 stOlm water quality and quantity together with a drainage area map shall be submitted with the final grOading and drainage p1an. 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 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 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 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 Exlnbit 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 pre construction and post construction surveys for evaluation by City. NURP POND: Developer acknowledges City's requirement that a NURP facility for the treatment of storm. water be created and maintained on the Property. Developer has represented to the City that construction of such a pond is not feasible. As a result, Developer has volunteered to make a payment to the City in the amount of $6,560.00 which is based on the cost to restore c.apacity of an existing downstream pond to provide the storage required for treatment of the storm water run-off generated from the proposed building. The City shall implement said pond improvements. The payment shall be made by the Developer prior to issuance of the grading permit. Developer waives any and all rights to rights to object to the nature or amount ofthis voluntary payment, agrees and hereby does hold harmless, defend and indemnify City, its officers, employees and agents from any claims, including claims made by third parties, challenging the nature or amount of the payment for any reason. Developer acknowledges that this payment is in lieu of a NURP facility only and that Developer and the Property may still be assessed or charged other amounts for construction and maintenance of storm water facilities, including but not limited to amounts for the storm. water utility fund and special assessments relating to the Property. 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. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City 2<6 Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exlnbit C prior to issuance of any occupancy permit for the Property. 6.· 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 landscape improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions ofExlnbit C. 7. 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. 8. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the C -Regional District through the Planned Unit Development District Review for the Property and incorporates said waivers as part ofPUD (list PUD number): A. Parking deck aisle drive dimension from 63 to 60 feet for deck parking B. Building height from 40 to 57 feet. 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 3 9 on the grading plan in Exlnbit B. These plans shall include details with respect to the height, type of materials, and me~hod of construction to be used for the retaining walls. Developer agrees to complete implementation of the approved retaining wall plan in accordance with the tenns and conditions ofExbibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 10. SIGNS: Developer agrees that for each sign which requires a permit 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 permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on Exlnbit B and in accordance with the requirements of City Code, Section 11.70, Subdivision Sa. 11. SIDEWALK AND TRAIL CONSTRUCTION: Prior to building permit issuance by the City, Developer shall submit to the Parks and Recreational Services Director and City Planner and obtain written approval of detailed plans for five foot sidewalks to be constructed on the Property where shown on ExhIbit B, attached hereto. Developer shall convey access easements for such sidewalks. Sidewalks shall be constructed consistent with the design standards of the Eden Prairie Downtown improvement plan for colored concrete, special paving patterns, landscaping, lighting, and retaining walls. A Developer shall construct Sidewalk One concurrent with the construction of the Eden Prairie Theaters and completed prior to occupancy permit issuance. B. Developer shall construct Sidewalk Two or Two-A, concurrent with the construction of Von Maur and completed prior to occupancy permit issuance. 11. DEVELOPER'S RESPONSmILITY FOR ITS CONTRACTORS: Developer agrees and hereby does release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 4 10 CITY COUNCIL AGENDA DATE: November 2, 1999 SECTION: SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works-Engineering Final Plat Approval of Oakparke 1 st Addition V,[, Randy Slick Requested Action Move to: Adopt the resolution approving the final plat of Oakparke 1st Addition Synopsis This plat, located south of Pioneer Trail and east of Dell Road contains 41.7 acres to be divided into 89 single family lots and 62 townhome units, eleven outlots and right-of-way dedication for street purposes. Outlots A, B, C, D, E, G, H, J and K will be retained by Developer for future development. Background Information The preliminary plat was approved by the City Council February 16, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on June 1, 1999. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$6,493.00 • Receipt of street lighting fee in the amount of$19,652.24 • Receipt of street sign fee in the amount of$4,120.50 • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for trunk utility improvements and the property's share of the costs for the reconstruction of existing Dell Road from CSAH No. 1 to Street G as determined in a feasibility study. • The requirements as set forth in the Developer's Agreement • Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of- ways certified by surveyor • Prior to release of final plat Developer shall provide to the City a 10-foot wide trail easement along the northerly property line adjacent to CSAH No.1 • Prior to release of final plat, Developer shall submit a conservation easement for review and approval by Park, Recreation and Natural Resource Service Director / City Council Agenda November 2,1999 Final Plat Approval for Oakparke 1st Addition Page 2 • Prior to release of final plat, Developer shall submit to City Engineer, and receive City Engineer's approval of a plan for a five-foot high chain link fence to be constructed along the entire length of the property adjoining the Riley Creek Woods Conservation Area • Revision of plat to include a 20-foot drainage and utility easement across Lot 14, Block 4 for storm sewer • Revision of plat to include a 20-foot drainage and utility easement across Lots 1-10, Block 6 for storm sewer Attachments Drawing of final plat A:lFinal Plat -Oakpark. 1stdoc CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF OAKP ARKE 1sT ADDITION WHEREAS, the plat of Oakparke 1 st 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 Oakparke 1 st Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 2, 1999. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing prOVISIOns. ADOPTED by the Eden Prairie City Council on November 2, 1999 Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk ---f:- UN[ QlUENSI(»f TABLE NUMQ£R o.STANCE DR£CTlOH 20.'. NU-JO·..a-( 10.l1 N01"'28·52·[ 27.aO N44"'55'06-W 4 00.29 NOrI4'4'-E • 61.01 N45.006'U"w • 41.17 N01°'4'2'"w 7 .e. •• N24"07'4~·E • l7.ll H82-.o·:ze"w • ~.O~ NI.l~2"oO·W I. 37 • .!iI N20"!!O'l2-W \I .. a.o. N1C1i~'Oetw 12 ~.Ol H46"28',rw 'J 61.t5 565·42·11 .... " 17.07 NI8"oo'QI·W •• !lJ.85 N~a"':l4·!l9·w I. :'3.88 N15"Q7' .. 5"W 17 81.60 H66°1itoa·W •• ll.OI SlO<o:r'U"w I. l1.17 562"62'44·W 2. l2.U Ntt01(rJCI"w 2' '1.28 N21"01'0'·W 22 la." N02"48'40-W 21 42.78 H10-40'O,"f 24 62.35 NfieW'45L 25 48..1 NlSI":26'og"W 20 JI.22 N17--:la·40·W 27 0008 NJO·.,.'IO·W 2. 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' II I S( C~ Of IKE :) .. II. "" "v'" • • Of fH( NW 11 •. ~c 211. , I C) ------.-.. _....l'. ,,: .. 11 •••• 22. ,'J " VJ' 1-: .... 1317.78 2057.151 ~1I1 UNt u " .. ~I/".,.. .... 581'20'08"£ C[DAR HILLS WEST ".'2.'H"E" ... N. 'I' '" ". JAMES A. HILL, INC, V-\ 16 IG 4 I,. I~ , .... ~J I I I~ I~ I ~ooh~ 3 -, \~ :,'!. ~ 2 '- 7 3 OAKPARKE 1ST ADDITION T II I lu ~ J ,0:' S8i"l!l'OO'W 37801 lew HACKBERRY COURT lJO.71 2S1.l9 MB,","OO'[ 6-0':1"04 '''" }\11 ~. .: ~E -, 2 j ,( .. ,? •. ,,' ,,' 1" .. ~!\6 .. ·e8 , , " _ ' " 2256' _'. ..... I ~ _ .. 2]" Ma''':''oct[ ~;: ~ ~ 3 ~HARALSON 20a.7Z ~.~:\ ~~I~ \';:~., 2 ,r~:i-~ --sea"il'uf - --1' I I l":irfOO' I I I 4 4 .18 el I ~ "'L _ _ _ _ 186 .• ' I -,I ~ - r -sat"SO'U'[ f-, I I I ~I 5 I 18 R: . ~ L _____ IN.... JJ 15 , S&8"5O'il-( - - --r -, 1 ~ 0 0:1 "'I" d~l~ °1 ~ I~I~ i i I I 8, i I I~ 3 V; .. 1I.42 ~ ill INSET --OUTLOT G ..P. ... 3.j.$ ;/,-,.,(1) SI ... ~rQ(l"w IOJ.1 .,0'1 .. :: ,~~(. j,d"'" 4 la2eJ $8S1"50'1l·[ 5 ~ Ell ~I~~ ~ .~ JO I JO • 5 I I I'i 81 6 . I~ J __ se.!~~!l·t _ .... ., Q L ~ ~ 9 r saSlOW'U"( 1 5eIt-:.o'U-[ -"It. S81t"50'U"[ ~I 4 .. o~~~ I-l L 18~71 4;1:; 22:153 5&1"50'2)-[ _ 1 A R.T. DOC. NO. C.R. DOC. NO. N SCAlf IN FEET o 60 120 180 '-"-J; , I .,th -I;lU lcot ORAlNAG[ AND UnLiTY O,sCM£NTS ARC SHOMI THUS: , I '-1 I I 1-. I I I I I I --t-_J L __ ! __ 9(II'IIC 5 FEET Ui 'MDTH. UNl(SS OTH(RNSE IN[MCA.TED. ADJOINING lor UNES, AND B[ING 10 fEET IN 'MOtH, UNl[SS OTHEA'MS£ INDICATED. ADJOINING RIGHT OF WAY UNES. AS SHO~ ON THE PLAT. BEARINGS ARE BASED ON THE SOUTH LINE or THE NORTHEAST QUARl[R Of S£cnON 30 ",""01 IS ASSUMED TO HA'VE A BEARING Of N 07~O'IY w. NOTE: NO WONUWENT SYU80L SHOWN AT ANY STATUTE REQUIRED lOCA.TION INDICATES A Pl.A' t.eONUN£Nf mAT WU BE SET WITHIN ON( YEAR FROt.a THE RECORDING DATE OF lHlS PLAT. SAID MONUMENTS SHALL B£ 1/2 iNCH II 14 INCH IRON UONUIrLNTS UA.JU(EO BY R.L.S. NO. 122U. • DENOTES 1/2 INCH IRON NQNU .. ENT FOJND ~AMES A. HILL, INC. -.-r 4 01". ~ G" Nar~~:s'w r----ri lJ .... oo----, ' .,j , .. :OJ 15 ,~ 21 2080 I I 1I"'1J·14'JOd~ ~~ ~ I : i~ I 14 , .' :.'I "J , , , .J}J't~( BEARINGS AR[ BASED ON TIlE SOUTH LINE Of THE HORnt£AST OUARUR Of S£CUON JO WHICH IS ASSUN[O 10 HA\o£ A BEARING Of N a7~6'13" w. NOTE: NO WQNUhlENT s......aQ. SHOYIW AT ANY STATUTE REQUIRED lOCA liON INDICA. 1[5 A PLAT MONUMENT THA 1 ¥IIll. BE SET WlIliIN ONE YEAR fROM THE RECORDING OAT[ IS THIS PLAT S .... D MONUNENTS SHAll B£ 1/2 f.lCH • 14 INOi IRON ... QNUM[NTS "'ARI([D BY R.L5. NO. 1221U . • {)[HOlES t/2 INCH tRON WONut.l(Nl rOUHD 07/Z3/1999 10:38:43 9554P1-4 I L _____ l!.!.~ __ F-~'-;;; -H8a~'j""'T­ I I. I~ ~~. "'\0" 2 \ /~--\ ;:;...-//.,.t.\ v(// 3 \ OAKPARKE 1ST ADDITION "1I9;~'~fW H8fi"2,'H'W 20U4 'I.~ '1.50 INSET B N ,:.:> SCAl£ IN fIET o 60 120 180 ORAINAGe AND UTJUry CASEMeNTS ARE SHO'ttN THUS: , , '--Ij' \0-. , I , I 2 I I 2 __ 1 __ ~ L __ 1 __ " 12 /" il~ i~ .~ -~ 13/ ~i ....-HARALSON DRIVE . ~ P""--! lind\-uu_ BElt·H, ~ rEET IN WIDTH. UNL£SS DJ'HERWS( INOICA TED, ADJOINiNG LOT LINES, -'HD BEING 10 fEET IN WIDTH, UNLESS O»£R'MSE ~OICA lEO. ADJOINING RIGHT Of' WAY UNES. AS SHOWN CH »£ PlAT. '!. '" H I / S8i~4·OIl·. 1--. "'.!III 17 r---Sill";jfh-=c.---' • J • I ,,' -, 2jP, 14 ;::,: I ~I :'1 ... , aL xl" - - --'46.00-- - -~ ~~'i.l"'E I ~'oe~[ ~)~1:Z6·"'. 7 I 16)66 N.a'i4·ot~ .... ..,~'.:.·27·02· 8 I 11:-20+411 I \ "''''51·)~2''Ol· 9 t I hOI ~ o~ I I~"~!. 110.10 HU~£ ~Ir!t; N.Q"!>-+ ~I~~ i 10 .E _, o ·0 .. ~" 2l ",.~~ •• ;:Q I:/~ ~j:gn:1 ~l.ll ... ~ -k lihoOJ!!.!l"", -A-=-~'·~l1t.~ .... r'-"051 .•• ! DII~a ANO ."Z6S1.IIL T ,. -t~~:7n·t 1 ullUfY £A5CM£HT au I LO 25.00125 \ ~t~:'tll'; ~ftJ"5'. '" ... tOOI. II --2691 ... /':":!,19,,_ OUTLOT K ~'" ~Jo~1'li· sel!.!.~'h: JAMES R. HILL. INC. ~. Cii"..-_,,- CITY COUNCIL AGENDA DATE: November 2, 1999 SECTION: Consent Calendar SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works-Engineering Final Plat Approval of Bryant Lake Center 3ed Vir Randy Slick Addition Requested Action Move to: Adopt the resolution approving the final plat of Bryant Lake Center 3rd Addition Synopsis This proposal is a replat of Lots 10 and 15, Block 1, Bryant Lake Center, Lot 3, Block 1, Bryant Lake Center 2nd and Outlot B Extended Stay America, which is located between Market Place Drive and Office Ridge Circle. The plat consists of 8.87 acres which will be developed into one lot and one outlot. Lot 1 is the proposed site of a 28,650 square-foot office building. 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 will be completed on November 2, 1999. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of $904.22 • The requirements as set forth in the Developer's Agreement • Prior to release of the final plat, Developer shall provide across-access and maintenance agreement for the property between Lot 1, Block 1, and Outlot A. This Agreement shall address joint vehicle access and maintenance of driveways. All facilities shall be private owned and maintained. • Developer shall enter into and provide a use and maintenance agreement with the adjacent property Lot 1, Block 1, Extended Stay America. The Agreement shall address the use and maintenance of storm sewer, pond and watermain. Attachments Drawing of final plat RS:ssa I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BRYANT LAKE CENTER 3RD ADDITION WHEREAS, the plat of Bryant Lake Center 3rd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements ofthe 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 Bryant Lake Center 3rd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 2, 1999. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdividers of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 2, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk c:i z U o Q r..: 0::: z 0 -.-. -c C <l: 0 cc M CC UJ J- Z W () UJ ~ « ..J .-. Z « >- CC m o " '-, \ \" '" \ \ « l-e ..J I- ::J e " -- 0 "- \ o,~ ~ ili ~ ~ J z ~ ':I ~ -l ~ 2 ~ 0 Z oil < ~ ~ ..-f ----~ --- .~ -:~ -.,,-.,\.1 -_~:\:d~~ :~ ,) '/ ·gw t ~ 1 ; 9t'6gz ~ ~ \ ,OO,sS,6Z ~V' :J~3~ ... ~.(a. ~~~~ ~~~5 a~ji :§~~ ~~~~ S~~~ ~~.!3 :~~~ 1I.Ij!:1fI~ ~o~~ 1011)::'1 ~~~~ ~5~ii / / / / / j / I ~>\~;\I ::'! 1 c:i / 1/ "I / ~) I ir:.--.J; I I z 0< I I I / I I I-e ..J / .. ... ~ (.) 0 ..J al zzcI ~ .... ~ I I I I I I I I I 0 " ] g " ~ S '" / / I / , , " 8 1 , .. ~ ~ ~ " ~ ~ ~ ~ ~ ~ W C I,.., '" I '" I .,. , ,.., I I " 1 ~ 6 1 ~ ~ ~ ~ 0 7 / I /' . / I I I / c C <1> <1> (J) C 2 ~~ ! r-C ~(j- CITY COUNCIL AGENDA DATE: November 2, 1999 SECTION: Consent Calendar SERVICE AREAlDIVISION: ITEM DESCRIPTION: S.S.A.91-05 ITEM NO.: Engineering Division Release of Land from Special Assessment V,6-. Jim Richardson Agreement for Farbers Requested Action Move to: Approve the Release of Land from Special Assessment Agreement and authorize the Mayor and City Manager to sign the release. Synopsis In August, 1991, the City entered into a special assessment agreement with Roger and Abigail Farber regarding the levying of special assessments for improvements of sewer, water, curb and gutter, storm sewer, street surfacing, concrete walkways and bituminous trail. The construction of all improvements has been accomplished and the costs assessed to all the property, therefore, it is appropriate and timely to release the agreement. CITY COUNCIL AGENDA DATE: November 2, 1999 SECTION: Consent Calendar SERVICE AREAlDIVISION: ITEM DESCRIPTION: I.C.93-5302 ITEM NO.: Engineering Services Approval of Amendment No.1 to Cooperative Rodney W. Rue Construction Agreement with MnDOT for the V' if TH 212 Stage IT Project Requested Action Move to: Approve resolution approving Amendment No.1 to Cooperative Construction Agreement No. 77899-R for reimbursement of consultant services. Synopsis This amendment to MnDOT's Cooperative Construction Agreement No. 77899-R provides for MnDOT to reimburse the City of Eden Prairie for consultant design services (up to $25,000) related to construction plan revisions for the TH 212-Stage II project. Background Information We retained TKDA (MnDOT's design consultant for this project) to provide additional engineering services necessary to handle construction staging revisions, plan revisions, etc., related to our utility systems. It was imperative that plan changes, staging revisions or construction details be reviewed by the designer to ensure minimal disruption to our system. Staff recommends approval of Amendment No.1 to Cooperative Construction Agreement No. 77899-R with MnDOT for an estimated payment to the City of Eden Prairie of $25,000. Attachments Copy of this agreement is in the Engineering Services office. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. APPROVAL OF AMENDMENT NO.1 TO COOPERATIVE CONSTRUCTION AGREEMENT FOR THE TH 212-STAGE II PROJECT I.C. 93-5302 WHERAS, the Minnesota Department of Transportation has begun construction of the TH 212 improvements from 0.5 miles east of Mitchell Road to Fuller Road; WHEREAS, the City of Eden Prairie has approved Cooperative Construction Agreement No. 77899-R for the City's share of watermain, sanitary sewer, roadway, walk, and bikepath construction and other associated construction being performed under State Project No. 2762-13; and WHEREAS, the Minnesota Department of Transportation has prepared Amendment No. 1 to Cooperative construction Agreement No. 77899-R to provide for payment by the State to the City for consultant services associated with construction plan revisions necessary under State Project No. 2762-13. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that Amendment No.1 to Cooperative Construction Agreement No. 77899-R is hereby approved, and the Mayor and City Manager are hereby authorized to execute said agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on November 2, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: November 2, 1999 SECTION: Consent Calendar SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Division Approve Extension of Conditional Use License Mary Krause Agreement with Hennepin County for 1fT. Provision of Electronic Data for Mapping Purposes Requested Action Move to: Motion to adopt resolution extending Conditional Use Agreement from December 31, 1999 to December 31, 2000 for electronic geographical digitized data for use in mapping of the City. Synopsis Hennepin County has provided electronic digitized half-section map data to the City of Eden Prairie. The City uses this data to produce mapping. The original agreement was approved by Council on February 2, 1999. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES WHEREAS, a Conditional Use Agreement has been previously approved which identifies the obligations regarding the transfer and use of electronic digitized data files for use in mapping; and WHEREAS, THE City Engineer recommends approval of the extension of said Conditional Use License Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie That said extension of Conditional Use License Agreement is hereby approved and the Mayor and City Manager are authorized to execute the extension of the agreement on behalf ofthe City of Eden Prairie. ADOPTED by the Eden Prairie City Council on November 2, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent November 2, 1999 SERVICE AREA: ITEM DESCRIPTION: ITEM NO. Community Development Project Management Agreement -Eden Shores & Financial Services: Senior Housing Project DonUram J.s. 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 I PROJECT MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF EDEN PRAIRIE (City) AND SC MINNESOTA PROPERTIES, LLC (Developer) THIS PROJECT MANAGEMENT AGREEMENT is made as of November --' 1999 between THE CITY OF EDEN PRAIRIE, a public body corporate and politic under the laws of the State of Minnesota (the "City"), and SC MINNESOTA 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 and legally descnbed as set forth on Exhibit A, on which the Developer (or its successors/transferees) is to construct a 321-unit continuing care facility for seniors (the "Project"); and WHEREAS, the City 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 City 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 City 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 City'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 City. 2. City Obligations. 2.1 Subject to all of the terms and conditions of this Agreement, the City agrees to provide, or to make available to, the Developer the benefits descnbed in this Section 2. 2.2 The City has established the Qualified Housing District in conformance with Minnesota Statutes, Sections 469.001 to 469.047, formerly Chapter 462. 2.3 The City 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 TIP District shall include the Project. 2.4 If all other terms and conditions of this Agreement have been complied with and performed, the City 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 TIP District which have been received and retained by the City 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 and 00/100 dollars ($4,625,000.00) ("Total TIP 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 00/100 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 00/1 00 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 City's payment of annual tax. increment funds (the kl1427.21-Management Agreement "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 City of property tax revenues from Hennepin County. The Citis obligation to make such payments is expressly contingent upon sufficient Tax Increment being generated annually to make such payments. In no event will the City 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 City's contnbution to the Project. 3. Developees Obligations. 3.1 Tenants. It is the express understanding of the Developer and the City that twenty percent (20%) of the dwelling units in the Project will qualify for the low-income housing tax credit pursuant to Section 42 of the Internal Revenue Code of 1986 (the "Code"). As such, twenty percent (20%) of the dwelling units in the Project comprising 39 units total (''Special Unit(sy') 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, ~e income of such tenant shall be treated as continuing not to exceed the applicable income. limit until such tenanfs 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 tenanf s lease expires or six (6) months after the notice. 3.2 Rents. The gross rent charged by the Developer for each Special Unit klJ 427.2 J -Management Agreement ./3 1 I . -f / rented to a low-income person or family, as descnbed in subsection 3.1, shall not exceed thirty percent (30%) of the imputed income limitation applicable to such Special Unit, as determined under Section 42 of the Code, 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 City's review the Developer's initial and subsequent annual rent roll for all Special Units in the Project. Additionally, the Developer must provide the City 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 City 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 Section 42 of the Code as set forth in subsection 3.2. Any rent roll submitted by the Developer will be considered approved unless disapproved by the City within thirty (30) days after submission. The City 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 City has made in its notice of disapproval and to submit a revised rent roll to the City for review and approval as provided for in this Section. The Developer's failure to obtain the City's approval of revised rent rolls during such sixty (60) day cure period, unless such approval is unreasonably withheld by the City, 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 Special Units in the Project to a prospective tenant on the basis of the prospective tenant's receipt kl1 427.21 -Management Agreement 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, 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 of the Project, subject to reasonable co-insurance adjustments, ifapplicable. 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 City. The City may inspect the same during regular business hours upon reasonable notice thereof. The Developer shall submit the annual compliance kil 427.21-Management Agreement reporting required by the Minnesota Housing Finance Agency (the ''MHFA'') for the Low-Income Housing Tax Credit Program for the Special Units. 4. Termination of Agreement. This Agreement shall remain in full force and effect unless and until terminated as provided below. 4.1 Termination by Mutual Consent. To the extent allowed by law, tbis Agreement may be terminated by mutual written consent of the City 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 terminate this Agreement at any time following the end of the Initial Term; provid~ however, as a condition precedent to such termination, the Developer shall tender to the City all TIF payments which had been previously paid to the Developer by the City 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 City 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 Termination by City for Cause. a. If during the term of this Agreement, the Developer shall fail to comply with the terms of this Agreement, the City may either; kl1427.21-Management Agreement 1. Commence an action in Hennepin County District Court for specific perfonnance to compel the Developer to comply with any term of this Agreement or n. 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 City, 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. b. Notwithstanding any provision to the contrary, and in addition to any other remedy, the Developer, in the event that this A~eement is terminated by the City for cause, and upon the receIpt of a written demand by the City therefor, shall tender immediately to the City 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 oftermination. 4.4 Termination by Developer for Cause. In the event that during the term of this Agreement, the City fails to provide annual Tax Increment Funds as provided for in subsection 2.4 hereof .within ten (ten) business days of receipt by the City of property tax revenues from Hennepin County, and the City has received from Hennepin County sufficient Tax Increment to make the required Tax Increment Fund payments, then City shall be in intentional default of this Agreement. The Developer shall provide written notice of such default, and,' if the City 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 City 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. Tenninate this Agreement for cause upon thirty (30) days' written notice to the City. If this Agreement is tenninated by the Developer for cause due to City's intentional default, the Developer shall not be obligated to repay the City any portion of the Tax Increment Funds provided through the date of termination, the Mortgage (as defined below) shall be released, and the City 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 City and the Developer shall agree on the application of said funds to reduce rents, and the City shall have the right to examine the Developer's records to· ensure that the Tax Increment Funds are kl1427.21-Management Agreement 7<j being applied to reduce rents. 4.5 Termination Due to Causes Beyond City's Control. In the event that during the tenn of this Agreement, the City 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 City of property tax revenues from Hennepin County because the City has not received from Hennepin County sufficient Tax Increment to make the required Tax Increment Fund Payments, then the City 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 City 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 funds. If the City elects not to replace the Tax Increment Funds, the Developer may terminate this Agreement upon thirty (30) calendar days' written notice to the City. Each time the City 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 of the 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 City, all of the Developer's and the City's obligations under this Agreement shall cease. 5. Reduction of Rents. In the event that the TIF financing descnbed 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 Tenn, 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 described in subsection 3.1 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 kll42721-Management Agreement the Initial Term as follows: a. It will be assumed that all Tax Increment Funds paid by the City 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 City 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 City 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 of the Total TIF Support. The Additional Term shall be the period of time necessary to fully amortize the remaining balance ofthe Land Portion ofthe 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 City 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 City 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 City 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 City that the obligations of Developer under the TIF Note are nonrecourse obligations and that the remedies of City are limited to the security provided by the Mortgage securing the TIF Note. In addition to the provisions of Section 12 hereof that apply when mortgage financing for the Project is insured by the United States Department of Housing and Urban Development ("HUD"), klJ 427.2 J -Management Agreement 9 /0 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 (detennined 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 of filing 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 City, 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 City has received written notice from Developer and has given its written approva~ provideg, however, that the City shall be deemed to have approved said sale, transfer, or assignment if City 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 City. 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 City's approval at any time prior to _____ -', 2001, provided that (a) SilverCrest Properties, LLC, a Minnesota limited liability company remains as the manager of the Project's day-to-day operations; and (b) any such assignee expressly assumes Developer's obligations under this Agreement in writing. Upon such kl1427.21-Management Agreement 10 / / 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 City 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. ProhI'bition 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 of the City and Developer, and no amendment or modification shall be valid and enforceable unless in writing, executed, and approved by both 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 City: The City of Eden Prairie . c/o City Clerk 8080 Mitchell Road Eden Prairie, Minnesota 55344-2230 To Developer: SC Minnesota Properties, LLC With a copy to: kl1427.21-Management Agreement 3601 Park Center Boulevard, Ste. 210 St. Louis Park, MN 55416 Attn: Michael F. Gould Christoffel & Elliott, P.A 1111 Piper Ja£fray Plaza 444 Cedar Street St. Paul, Minnesota 55101 Attn: James F. Christoffel 11/2- 12. HUD 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 HUD. 12.1 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, payments of interest and principal due under the TIF Note shall be payable only from surplus cash (or residual receipts) ofthe Project, as the term "surplus cash" (or ''residual receipts") is defined, and in accordance with the conditions prescnbed, in the Regulatory Agreement executed by HUD and the Developer. 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 the TIF Note. 12.2 So long as there is a mortgage federally insured by HUD onthe 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) HUD 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 HUD acquires title to the Project by a deed in lieu of foreclosure. 12.4 The City shall not foreclose on the Mortgage without the prior written approval of HUD if there is a mortgage federally insured by HUD on the Project or there is a mortgage held directly by HUD on the Project. 12.5 Nothing in this Agreement 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 or 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, kl1427.21 -Addendum 12 /3 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 sllRll 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. 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 k/1427.21-Addendum 13 and year first above written. CITY: THE CITY OF EDEN PRAIRIE By' __ ' ________________________ __ Its: -------------------------- By. __________________________ __ Its: -------------------------- DEVELOPER: SC MINNESOTA PROPERTIES, LLC By:. ______________________________ _ Its: ----------------------------- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ________ -', by and , the _______ and the , respectively, of 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 day of ________ -', by the of SC Minnesota Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public EdonSb"",slAgreement.Draft.091499 kl1427.2l-Addendum 14 IS- EXHffiITA Legal Description lc!1427.21-Addendum 15 Ito Type of Unit k/1427.21-Addendum EXHIBITB Initial Maximum Gross Rent for Special Units by Type Initial Maximum Rent 16 17 EXHIBITC TIF REPAYMENT PROMISSORY NOTE ~UIneapolis,~esota November -' 1999 FOR VALUE RECEIVED, the undersigned (herein called the "Borrower') promises to pay to the order of the City of Eden Prairie, a public body corporate and politic under the laws of the State of ~UInesota (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 ~anagement Agreement of even date herewith between 'Lender and Borrower (''Project ~anagement Agreement"), but in no event more than Two ~illion 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, MUInesota (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 termination of the Project ~anagement 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 contnbutions 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 contnbuted 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 prescnbed, in the Regulatory Agreement dated as of November -' 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 held directly by HUD on the Project, the term of this Note shall be extended if (i) this Note k/1427.21-Addendum 17 I~ 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) HOD grants a deferment of the amortization, or a forbearance, ofthe 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 HUD 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 BUD 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, a.dnllnistrative 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 of the State of Minnesota. Neither Borrower nor any member, partner, shareholder, employee, officer or agent of Borrower shall have any personal liability for the Borrower's obligations hereunder, it being recognized by Lender that the obligations of Borrower (and all its members) hereunder are kl1427.21-Addendum 18 19' 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 shan 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: SC MINNESOTA PROPERTIES, LLC By:, ______________________________ __ Its: ------------------------------ k/1427.2 J -Addendum EXHIBIT (reserved for mortgage registry tax payment date) (reserved for recording date) MORTGAGE REGISTRY TAX DUE HEREON: THIS INDENTURE, Made this __ day of November, 1999, betvIeen SC Minnesota Properties, LLC, a limited liability company under the laws of Minnesota, Mortgagor (whether one or more), and the City of Eden Prairie, Minnesota, Mortgagee (whether one or more), WITNESSETH, That the Mortgagor, in consideration of the sumof ____________________ _ _______________ ($ ) 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 B;nd 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 Mortgagee a duplicate original or certificate of such insurance policies. kl1427.2J-Addendum 20 ,.:.) I -' 4. to pay, when due both principal and interest of all prior liens or encumbrances, if any, and to keep the Property free and clesr of all other prior liens or encumbrances; S. 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 resson of litigation with any third party for the protection of the lien of this 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 suma 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 defiwlt 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 suma 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 nonrecourse 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 yesr first above written. MORTGAGOR SC Minnesota Properties, LLC By~: ______________________________ ___ Its:~ ______________________________ __ STATE OF MINNESOTA )SS. COUNTY OF ___ _ The foregoing instrument was acknowledged before me this_ day ofOctober, 1999, by , the ________________ ofSC Minnesota Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public TIDS INSTRUMENT DRAFTED BY: kl1427.21-Addendum NOTARIAL STAMP OR SEAL FAILURE TO RECORD OR FILE TillS MORTGAGE MAY AFFECT PRIORITY OF TIllS MORTGAGE 21 ~-~ EXHIBIT A TO MORTGAGE Mortgage dated as of November -' 1999, in the amount of $, ______ in favor of Glaser Financial Group, Inc. k/l427.21-Addendum ADDENUM TO MORTAGE Mortgagee: The City of Eden Prairie Mortgagor: SC Minnesota 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 I 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 ifit receives notice of any violation of any of the requirements of this Section I 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 I 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 Certificates. Mortgagor and Mortgagee agree at any time and from time to time as reasonably requested by the other party, upon not less than fifteen (15) days' prior written notice, to execute, acknowledge, and deliver, without charge, to the requesting party or to any person designated by the requesting party, 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) the certifying party has not received any notice of default or notice of acceleration or foreclosure of this Mortgage (or if any notice has been received, that it has been revoked, if such be the case), (d) to the knowledge of the certifying party, no default then exists hereunder (or if any such default does exist, specifying the same and stating that the same has been cured, if such be the case), ( e) the certifying party has no claims or offsets against the requesting party (or if any such claims exist, 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 Annraisement. Mortgagor hereby waives, to the full extent it may lawfully do so, the benefit of all homestead, moratorium, mediation, marshaling, appraisement, valuation, k/1427.21-Addendum 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 1 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, (t) 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 kl1 427.21 -Addendum 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 thereof by ,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 thereofby 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 the interest of Mortgagee in the Property created hereby 'or as a result of Mortgagee exercising kl1427.21-Addendum 25 ~0 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. HOD Provisions. Mortgagee shall not foreclose on this Mortgage without the prior written approval of the United States Department of Housing and Urban Development ("HUD") if there is a mortgage federally insured by HUD on the Property or there is a mortgage held directly by HOD 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 shaU 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 HOD 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, of the 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 HOD acquires title to the Property by a deed in lieu of foreclosure. k/1427.21-Addendum 26 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. SC MINNESOTA PROPERTIES, LLC By:, ____________________________ __ Its: '----------------------------- STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of _____ ---', 1999, by , the ofSC Minnesota Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public kl1427,21-Addendum CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 2, 1999 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety ServiceslPolice Records Management System / Computerized V,K. Gary Therkelsen Dispatch System Contract Requested Action Move to: Approve contract with MaSys Corporation for provision of public safety records management (RMS) and computer aided dispatch (CAD) systems. Synopsis Following a lengthy needs analysis and discovery process, proposals were received from eight vendors for these systems. Although requested, LOGIS did not respond to the request for proposaL The proposals received ranged from nearly half a million dollars to 1.6 million. Further analysis of the proposals leads staff to recommend award of the contract to MaSys in the amount of $494, 021.10. Although this was the lowest cost proposal, it is the one best suited to meet our requirements. Background Information The records management system replaces one that is 17 years old and has exceeded its useful life. The existing system can not be used after December 31, 1999. The computer-aided dispatching system will automate many aspects of call processing in the 9-1-1 center and improve organizational efficiency and safety. These systems will be integrated to the recently implemented mobile computer network. Approximately one-third of the costs of these systems will be funded by a Department of Justice grant and the rest through local funds. Important considerations in the proposal evaluations included conversion of existing records and interfaces to state and federal criminal justice agencies. The recommended vendor, MaSys has served the police department for 17 years and is best suited to manage these requirements. MaSys is located in St. Louis Park. CITY COUNCIL AGENDA DATE: November 2, 1999 SECTION: Consent Calendar SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: Public WorkslEngineering 2nd Reading of an Ordinance for a Street Jim Richardson Name Change V.L. Requested Action Move to: Adopt the second reading of an Ordinance changing the name of Kurtz Lane through Birch Island Acres 2nd Addition to Addie Lane. Synopsis The first reading of this ordinance was adopted by the City Council as its October 19, 1999, meeting. 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. 37-99 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. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk Published in the Eden Prairie News on the ___ day of __________ , 1999. CITY COUNCIL AGENDA DATE: 11102/99 SECTION: Public Hearings SERVICE AREAlDIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Michael D. Franzen Chrestomathy II V I. A. Requested Action Move to: • Close the Public Hearing; and • Approve 1 st Reading of the Ordinance for Zoning District Chang~ from Community Commercial to Office on 1.22 acres; and • Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations (and Council conditions). Synopsis This project is for an addition of 7,184 sq. ft. to the existing 2,398 sq. ft. structure to support office and classrooms for disabled adult training facilities. The site is located at 7465 Eden Prairie Road. Background Information This property is zoned community commercial according to a developer agreement and declaration of restrictions that limit the use of the property to a garden center only. An approval of the new site plan and developer agreement will rescind the existing land use restrictions. Chrestomathy originally applied for just a site plan review in the existing community commercial zoning district, but the site was not large enough to meet commercial parking requirements and the building was too close to the east property line. Since Chrestomathy is a use permitted in both the community commercial and office zoning districts, the applicant reapplied for a rezoning to the office district at the recommendation of the City Staff. Based 011 office requirements, the site plan has more green space and greater setbacks adjacent to residential. In addition, office uses are quieter, generate less traffic, and are generally closed on weeknights and weekends. The office zoning district does not allow restaurants, retail or garden centers. Office would be a better long term use next to residential than commercial. The public raised concerns regarding safety, the extent to which the adult clients are considered to be "wlnerable", and history of site violations at other Chrestomathy sites. Staff conducted a background analysis of other sites (Minneapolis, Burnsville, and Bloomington) finding no neighborhood complaints for any of the sites. Police reports were mostly medical emergency calls for the clients themselves, which is typical of vulnerable adults. There were also some incidents between employees and with vandalism towards Chrestomathy (i.e., bashed in windows of Chrestomathy vans, etc.). Chrestomathy is a State and County certified non-profit organization having social service supervision to protect the community and the vulnerable adults enrolled in the project. The site plan incorporates the Planning Commission's request to show the four parking stalls in the northeast comer as proof of parking to provide a larger buffer between uses, which was similar to the approved Anderson Garden proof of parking plan. The Planning Commission voted 5-0 to recommend approval of the project to the City Council at the September 27, 1999, meeting. Attachments 1. Planning Staff Report dated September 24, 1999 2. Planning Commission Minutes dated September 13, 1999 3. Correspondence STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner September 24, 1999 Chrestomathy II Linda Moore, Chrestomathy Inc. James and Jane Nichols 7465 Eden Prairie Road 1. Zoning District Change from Community Commercial to Office on 1.22 acres 2. Site Plan Review on 1.22 acres ..... s (!l .,. '"! ... !: a :1:.." ~ ... );.Cl h.. , .,e. '. -- @ (I) I '10.· (ASt ~ $ I (;ol '4" • I ..... ~~s·-· I~~ .. : I 1 :'j (6) ~ (5) , '4 t I tl, " 0) CjTr rs EDEN ~RJ.IRIE , .' ii £Ail :-:3. ,WAY I \ l (Z'3) (22) ~ ~ .~.I I I .J~' ST) 2672. 14 RES .. "'- ., lIS. II ('3S) I em ZS·, '.'. ® • (45) I 00 ;: e 46) I 1 e'3e) + ~. '":bo. ~"" I W) . (' Staff Report -Chreston.. _flY II September 24, 1999 BACKGROUND This project was originally scheduled for the September 13, 1999 meeting. Chrestomathy submitted a letter to withdraw the request to expand the existing building on property which is currently zoned cOlIUllunity commercial and submitted new a request for office zoning. The Planning Commission closed the public hearing. Correct notices of the rezoning to office were mailed out to residents on September 17, 1999. The first plan did not have enough parking and the building was too close to the east property line. Chrestomathy is a use that is permitted in both the community commercial and office zoning districts. The new site plan based on office requirements results in a plan that has more green space and greater setbacks to residential. In addition, office uses are quieter, generate less traffic, and are generally closed on weeknights and weekends. The office zoning district does not allow restaurants, retail or garden centers. This property is zoned community commercial according to a developer agreement and declaration of restrictions that limit the use of the property to a garden center only. Any other use of the property requires approval by the City Council after a recommendation by the Planning Commission. SITE PLAN Currently, there is one main building and six accessory structures located on the site. The existing building is 2,398 sq. ft. Chrestomathy is proposing a.7,184 sq. ft. building addition. The total building area is 9,582 sq. ft. The base area ratio for this building would be .18 with the code allowing up to a .20 base area ratio or a 10,500 S.F. building. The office zoning district requires 48 spaces for the proposed building size. The site plan shows 41 spaces and 8 proof of parking spaces for a total of 49 spaces TRANsmON Section 11.03, Subd. 6, Section E., the Site Plan and Architectural Design Review Subdivision of the Zoning Ordinance require a transition where there are differences in land use, building mass, and site intensity. The proposed building setback, fence, landscaping and architecture are similar to other small office buildings approved next to residential and are appropriate for this· site. The HTO office building south of the Preserve Mall. is an example of a small office building next to single family homes. VARIANCES A variance is requested to increase the height of the proposed fence from 6 feet ·to 8 feet. . This variance request will need to be reviewed by the Board of Appeals and Adjustments prior to City Council review. Staff does not support the variance request since the proponent has not demonstrated a hardship to justify the variance. Staff Report -Chrestomll&thy II September 24, 1999 ARCHITECTURE The existing building is one story with a pitched roof. The proposed building addition will have the same architecture and meets the 75% face brick, glass, or natural stone requirement. LIGHTING Since the site is adjacent to residential housing, the maximum height of any light pole or fixture on the building shall be no taller than 20 feet. All lighting shall be shielded so light is directed to the ground. The plan shows light poles at 18 feet. . LANDSCAPINGfl'REE REPLACEMENT There is a total significant tree loss of 48 diameter inches. A total of 21.6 caliper inches is required for tree replacement and 22.5 caliper inches for landscaping. The plan .provides 45 caliper inches. The existing sod should be replaced and an irrigation system installed. STAFF RECOMMENDATION Alternative One The Planning Commission could reco:rnmend approval of the request for. Zoning District change from Community Commercial to Office and Site Plan Review on 1.22 acres based on plans dated September 17, 1999, the staff report dated September 24, 1999, and subject to the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Stake the grading limits with erosion control fence and notifies the City and Watershed District 48 hours in advance of grading. 2. Prior to building pemrit 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 C. Submit exterior building material samples and colors for review. Alternative Two The Planning Commission could recommend that the zoning not be changed and that the use of the property should remain as a garden center only, consistent with the approved plan for the property. The staff recommends Alternative One ·0 ~Rn \lAP ~"" ----7--------- / ~\\ .. , / / / / I / I / fI# ' ...... :..c............ I ~~~c.. __ ~:Me-c I _ • I ,. s,="'- 1..---.,..... ..-. i: I I""--r, __ :-. -------: ,: ..J '''I . . _~ ___ _ · p. 0 0 o· I /' '-. · iOl U ~ 0 \\7 :;' ~, . " "" I IJlJ PLANNING DEPT L:.J HAY 121998 CITY OF EDEN PRAIRIE o <::!TF Pf)N ~.lO'~ . ::.~ ::: :.: · · o · · · w · · o .. · · c o · .. .. < · o · .. -I j l . , L ..... I Ai UNAPPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 27,1999 COMMISSION MEMBERS: STAFF: 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road Beverly Alexander, Kenneth Clinton, Randy Foote, Bill Habicht, Rebecca Lewis and Doug Sandstad Michael Franzen, City Planner Krista Flemming, Planner I Deborah Meuwissen, Recording Secretary I. PLEDGE OF ALLEGIANCE -ROLL CALL Chair Foote called the meeting to order at 7:00 p.m. Commissioner Lewis as absent. D. APPROVAL OF AGENDA MOTION: Alexander moved, seconded by Clinton, to approve the Agenda as published. Motion carried 5-0. DI. APPROVAL OF MINUTES Commissioner Alexander requested the minutes be changed to reflect she was m attendance at the September 13 meeting and Commissioner Lewis had been absent. MOTION: Habicht moved, seconded by Alexander, to approve the Minutes of the September 13, 1999 Planning Commission as amended. Motion carried 4-0-1 with Commissioner Sandstad abstaining due to absence. IV. PUBLIC HEARINGS A. CHRESTOMATHY II by Chrestomathy, Inc. Request for Zoning District Change from Community Commercial to an Office Zoning District on 1.22 acres and Site Plan Review on 1.22 acres. Location: 7465 Eden Prairie Road. Michael Klein, architect for the proj ect, provided an overview of the proposed proj ect. He indicated the property had been a garden nursery until recently. The existing building would be expanded to approximately 9,582 s.f. for use as an administrative office and vocational training space for Chrestomathy. All existing structures would be removed except for the main sales office and milk house which would be used as a storage shed. The parking lot would be expanded to 41 spaces with proof of parking for 50 vehicles. Building set backs would meet or exceed existing zoning requirements. The site was well landscaped and additional landscaping would be provided along the East line to provide screening. The property was fenced on three sides by an existing 5'-6' high wood fence. PLANNING COMMISSION MINUTES SEPTEMBER 27, 1999 PAGE 2 A variance was being sought to increase the fence height to 8'. Franzen-related this project, as with all the requests on the agenda, had been reviewed with respect to impact of traffic and conformity to office zoning requirements. He indicated with office zoning, there would be less lighting issues and other nuisance problems then with commercial zoning, such as smells and trash generated from a restaurant. He related the plan met all zoning requirements. The request for a height variance for a fence was to accommodate requests from neighbors and the Board of Appeals and Adjustments would have to review the request prior to City Council review. Staff did not recommend approval of the variance since the applicant had not demonstrated a hardship to justify the variance. Staff recommends approval of the project. Clinton asked if a traffic study for office buildings had been conducted at this location. Franzen reported an estimated 500 trips per day could be considered, including morning and evening trips, lunches and errands. Rush hour would be from 7:00 -8:30 a.m. and end of day from 4:30 -6:00 p.m. Typical for this type of zoning. Foote asked why Staff did not support the height variance. Franzen related the Board of Appeals and Adjustments would have to approve the variance and Staff had looked at past practices of the Planning Commission and the uniqueness of the fence in making its determination. Gary Smith, 13326 North Street, Minnetonka, related he had a son who utilized the services offered by Chrestomathy, he had had very positive experiences with the organization and believed having Chrestomathy moving into the area would be a wonderful opportunity. Jerry Frost, 16292 Westgate Lane, related he had worked with developmentally disabled adults on a volunteer basis and understood the value of the Chrestomathy program. He expressed concern neighbors of Chrestomathy would be challenged with such as traffic problems, rezoning issues and parking. He was not opposed to an office environment on the location. Traffic concerns for pedestrians and high school students walking between cars at Little Red's Convenience Store would be greater with additional traffic from the facility. In addition, he believed property values would be impacted by the rezoning to office. Tom Newman, 16297 Westgate Lane, related he appreciated the Chrestomathy program but believed residential commercial was not ideal for this particular site. Also concerned with nature of disabilities of the residents of Chrestomathy and the increase in risk to children in the neighborhood. PLANNING COMMISSION MINUTES SEPTEMBER 27, 1999 PAGE 3 Judy Newman, 16297, Westgate Lane, expressed concern for the neighborhood and property with the addition of more pavement and concrete. The proposed building would equate to having eight homes in her backyard since the building would come to within 18 feet of her lot. The facility was a very large commercial building to have in a neighbor- hood. She expressed concern for the nature of the disabilities of the residents and risk to the children in the neighborhood. Had discussed traffic issues associated with the Minneapolis facility with the Minneapolis Police Department and was informed the vans used did cause some problems. . John Richmond, owner of Little Red's Store, discussed questions previously raised regarding traffic issues. Had no objection to the project and believed an agreement could be reached with respect to Chrestomathy's van usage. Jim Weber, Westgate Lane, expressed concern with the increase in traffic and one-way access which would require more traffic to move through the neighborhood. Jodie Myer, 16281 Westgate Lane, indicated she had visited the Bloomington and Minneapolis Chrestomathy sites. Had concerns relating to the proximity of the facility to a residential area. Habicht asked Ms. Myer if she would have similar concerns if the intended use was for an accounting office or a restaurant. Ms. Hanson responded she would not have such concerns if the intended use was for an accounting office but would if the intended use was for a restaurant. Clinton asked clarification of the possible traffic issues. Franzen related the highest traffic generated was by Little Red's Sttore. Commercial zoning is the highest traffic generator. Office zoning is 50-60 percent less, based on the same size building. He reported when traffic studies were conducted, they evaluated 20 percent site coverage. Office or commercial wasn't taken into consideration since that use was already factored into Eden Prairie Road. Shirley Smith, mother of one a Chrestomathy client, related she was familiar with this program and knew the Minneapolis site. She believed many of the comments were based on the nature of the facility. She had worked with special needs children and adults and believed the issues raised were non-issues. She related that in Minneapolis, there had been no history of violence at that facility. Jessie Anderson, Valley View Road, related she worked at Chrestomathy. The facility had a 2 to I ratio for staff to client and client's were well supervised. She indicated the Minneapolis site was located in the same building as a pre-school. Ms. Anderson believed most of the concerns voiced by residents such as safety and traffic were not the main issues for the resident but having a facility with mentally retarded adults was. If) PLANNING COMMISSION MINUTES SEPTEMBER 27, 1999 PAGE 4 Franzen indicated zoning and land use of the proposed site was the primary factor in determining whether site zoned for commercial or office use. He related there was no legal requirement for Chrestomathy to identify its intended use; ho_wever, Chrestomathy wanted to identify its intended use to the Commission and residents. Franzen also indicated the intended use should not be looked at but the type of zoning and what had been approved in similar locations. Foote asked if Staff had contacted the police departments at the other locations to determine if any calls had been logged for those sites. Flemming indicated she had contacted the Environmental and Health Board in Bloomington that evening and their response was no calls had reported at the Bloomington facility. Tom Rigger, 1238 Westgate Drive, indicated he opposed the project. The area was a neighborhood with houses and parks. He expressed concern for the size of the building. He felt the Little Red's store was okay since it fit in with a neighborhood concept. The proposed use of the site was for a vocational training institute ~d believed it should be in another area. He also voiced concern about available access for emergency vehicles to the site. Sandstad asked if the similarities between using the site as a daycare versus a vocational school could be addressed. Linda Moore, Executive Director and Founder of Chrestomathy responded the Chrestomathy facility was different from a daycare facility. At a daycare, clients usually did not leave the facility but at Chrestomathy, clients were out and about all the time. This would include trips, work, etc. Clinton asked if Chrestomathy's staff accompanied the clients. Moore responded the clients were never unsupervised and any lack of supervision would have to be investigated. Alexander related she had walked the site. Currently there were wooden rods and canvas, weeds and other debris at the nursery. Believed that the proposed use of the site would offer a better view to the neighbors. She also commented she had worked at and also lived across from a facility similar to Chrestomathy and traffic was not heavy. Residents were always monitored since such facilities had State standards to maintain. She also commented that children needed to be aware that not all individuals were born healthy and may be mentally or physically challenged. She believed a project like this was needed in Eden Prairie. Sandstad related that the proposed use seemed to make sense and he had no issues with the zoning. He supported the addition of the 8 foot high fence. II PLANNING COMMISSION MINUTES SEPTEMBER 27, 1999 PAGE 5 Habicht related from a land use planning perspective, the office use was preferable to commercial use. The residence was residential in nature. He asked the developer and Staff to determine if the four parking stalls on the northeast comer of the property could be moved to line up with other parking along the side of the building. Klein indicated from a land use perspective, the parking worked. Franzen related Staff had discussed with Chrestomathy parking and it had been conveyed the facility would only require 20 spaces. However, proof of parking for 50 spaces was required. The spaces required for proof of parking could be eliminated and some additional planting could occur in that locatjon. Clinton indicated from a land use planning perspective, he supported an office zoning use over a commercial zoning use especially due to the high traffic that could be generated from commercial use. He also supported the plan since it has an office building with a more residential look. He related there was no guarantee that another plan would not be multi-storied with different fa~ade and would not be as attractive. He also supported the change in the parking area. Foote indicated from a land use planning perspective, office zoning was less intrusive with respect to size, traffic, lighting, etc. than commercial use. He agreed with Commissioner Alexander's comments and supported the project. Alexander asked Mr. Klein if the large trees on the southside of the property would remain in place. Klein responded the trees would remain and were one of the reasons for development of the parking lot on the north side of the property. MOTION: Alexander moved, seconded by Sandstad, to close the public hearing. Motion carried 5-0. MOTION: Alexander, seconded by Sandstad to recommend to the City Council approval of the request of Chrestomathy, Inc. for Zoning District Change from Community Commercial to a Office Zoning District on 1.22 acres and Site Plan Review on 1.22 acres based on plans dated September 17, 1999, and subject to the recommendations of the Staff Report dated September 24, 1999, with Staff and developer to address 8' fence variance and parking changes. Motion carried 5.0. 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 J~ SEP.23.1999 4:30PM CHRESTOMATHY CENTER Chrestomathy, Inc. Corporate Offices: 310 Ea.'It Jali1 Street, Suite 304, Minneapolis. MN 55409 (612) 824 -1651 Executive Director. Linda L Moore. Licensed P')'Chologist Http://www.chrcstomathyinc.mg NO. 343 F.requently Asked Questions About Chrestomathy What is Chrestomathy? Chrestomathy, Inc. is a Minnesota non-profit organization committ service provision to adults with developmental disabilities. Chrestomathy provides day training services to a total of a little over 100 individuals throughout our Minneapolis, Bloomington, locations. We specialm: in serving program participants who are difficult to serve and need an ratio. Founded in 1985, our success can be attributed to our commitment to excellence, our co working with individuals with complex needs and our positive, proactive approach to wor . individuals we serve. Because we are specialized and small, openings individuals with the greatest need receive priority for admission. . P.3/4 What does Chrestomathy mean? The name Chrestomathy was selected for the Greek derivative ~aniI·lgs of "'useful learning." The name and the program are unique and the name provides a nice of our philosophical approach with participants. We endeavor to teach new skills and assist program p icipants in developing new interests that have personal relevance. What are the program partieipants like? Chrestomathy II serves a range of individuals with velopmental disabilities: 28% function in the profound range of mental retardation, 59% fimction in the SCV1 mental retardation, 6% function in the moderate range of mental retardation and 6% function in of mental retardation. 12% are diagnosed as autistic. 40% have epilepsy. Several individuals have and a number of individuals have physical health problems. Clients range in age from 20 to 64. are over age 40. All program participants live in some type of supervised setting, whether it is a foster home or a group home in a neighborhood setting. Of the tln'ee Chrestomathy sites this specialized in serving older individuals who need a slower, calmer pace. Our participant's coming to Chrestomathy. Why are you opening a program in Eden Prairie? This is an already established program. Bloomington has expired and we want to relocate further west to better accommodate the needs of participants. A number of program participants live in Eden Prairie, Minnetonka, Hopkins., Carver unty, and Bloomington. This site gives us better overall proximity to their homes and gives us good access to most of our other transportation routes. Additionally, there are a nunlber of businesses that are or can provide loyment opportunities fur our program participants. Wilere are tile three program sites? Chrestomathy Center Chrestomathy II 310 East 38th Street, Suite 311 2716 E 8200 St M'nmeapolis, MN 55409 Bloomington, MN 55420 Chrestomathy of Dakota County 1820 E. 12211d St. Burnsville, MN 55337 What are the programmatic emphases of Chrestomathy? First and foremo~1 our specialty is in ealing with individuals with developmental disabilities in the ·m.ost positive, proactive way--possible. We work with individuals who require close supervisioll due to complex needs. Due to the ment8.1 ages of any of our participants we assist them with their self-care skills including toileting and eating. Additio y program participants may exhibit various forms of maladaptive behavior: self-injurious behavior, aggres n, spitting, toileting problems, noncompliance, etc. We receiye the funding necessary to provide the level of support and /3 NO. 343 P.2/4 Developmental Disability Defined What is a developmental disability? A developmental disability is defined as disability related to certain mental 0 neurological impairments, originating befor a person's 18th birthday, that is expected t continue indefinitely and that constitutes substantial handicap. This includes person with mental retardation, cerebral palsyl epilepsy, autism, and otller handicappin~ conditions found to be closely related td mental retardation or that require treatmeni similar to that required for individuals wh are developmentally disabled. ....JL...I .'--'.~JJJ '+·~t:Jrl·1 ~t1I'1:t..::J I UI'IH I HY l.t..I'i I 1:..1< NO. 343 supervision to ensure success for these individuals. We plan activities designed to help program participants gain adaptive skills and pursue vocational activities and artistic endeavors., which give them the 0 ortwlity to become contributing members of society. Work and vocational activity are seen as only part oftb individual's needs among the clientele we specialize in serving. We have a variety of opportWlities fur progr participants including some enclave work sites, a few participant specific conununity jobs, on site piece rat work, can recycling and the renowned Chrestomathy artwork, which also provides a small income for clients. Communication skills are highly emphasized throughout the program day. We contract with ecialists to provide on site connnWlication and occupational therapy selVices. Program participants work on social skills and to some extent leisure 8nd community skills. Bow are the programs statled? Each program participant is assigned to a designated group of 6-8' ... uaIs. There is a supervisor in charge of each group. In addition there are 3 - 4 other ~ assigned to each group. Supervisors are required to have a degree and experience in the field. Some of our other staff also ve degrees and either have bad prior experience or exhibit significant levels of enthusiasm and energy so that we select them from our job applicant pooL Each site has a program director who provides highly specialized ertise, bandles the routine day-to-day issues, trains staff on an ongoing basis, attends meetings and serves backup in situations requiring additional staffing. The executive director is a licensed psychologist with a speci ty in developmental disabilities and behaviors. Who is in charge of Chrestomathy? Linda Moore is the executive director, a psychologist, and fo er of Chrestomathy. Linda oversees the overall operation of the corporation and the Chrestomathy, Inc. p ograms. She has worked with Chrestomathy and associated programs for 26 years. Therc is also a program ector in charge of this site, Karin Moore. Karin oversees the day-to-day operation, supervises staffand has responsibilities related to vocational work procw-ement, as well as expertise in program design and p implementation. Where does Chrestomathy get its funding? We are funded by the State of Minnesota. We con Hemepin County to provide services. We are licensed by the State ofMinn.esota to provide day ~ilnin services to adults with devel9pmentaI disabilities. How .is tra.sportation arranged? We pick program participants up in the morning and return to their homes in the afternoon. We have two shifts to maxhnize our use of resources and reduce the n r of people we have on site at anyone time. Chrestomathy II will have 5-7 fifteen-passenger Ford vans. The Gnres1n.mathy name is predominantly displayed on all our vehicles. We are very motivated to keep our insuran rates low and have stringent driving standards fur our staff. We welcome any observation" about our driver's. What are the bours of operation? What kind of traffic will this generate? We provide se' Monday through Friday only. We arc closed on most holidays and have a closure period between Clni and New Year's and for two weeks during the swnmer. There will be up to 28 employees at this locatiorl. 14 will be assigned to the 7:00 a.m.. to 3:30 p.m. shift and 14 will work from 8:30 a.m. to 5:00 p.rn. Progr participants are on site in two shifts also. The first group is present from approximately 8:30 am. to 2:30 p.m The second group is present from approximately 9:30 a.m. until 3:30 p.m. We have our own vans, which we to provide transportation for our program participants. The administrative office for Chrestomathy, Inc. will relocate to this site and has 5 employees. Most of our staff drive themseJ\les to work although we generally ve several people at each site that carpool together or rely 011 public bus service. How are referrals made? An official referral can only be made by the individual's county so iaJ worker. However, we willingly give tours to anyone interested in leaming more about our programs. /5 City of Eden Prairie City Offices 8080 Mitchell Road • Eden Prairie, MN 55344-4485 Phone (612) 949-8300· TOO (612) 949·8399· Fax (612) 949-8390 www.edenprairie.org September 9, 1999 Linda Moore Chrestomathy 3 1 0 East 38 til Street Minneapolis, MN 55409 RE: Permitted Uses in the Office District Dt:ar Ms. Moore: In response to your request for further clarification regarding permitted uses within our Office zoning district, I have enclosed a copy of Section 11.20 defining an Office District. The following list includes, but is not limited to, uses considered appropriate in this district: • Medical Services • Dental Services • Chiropractic Services· • Tax! Accounting Services • Daycare • Professional Survey, Engineering, Architect, Etc. Services • Real Estate! Appraisal/Title Companies • Insurance Companies • Corporate Administrative Offices • Single Staff Offices • Charter Schools • Law Offices If you have questions regarding any of the noted uses or additional uses, please call. Sincerely, Michael D. Franzen City Planner Enclosure Cc: Eric Galatz, Lenard, Street, and Deinard I I • I . : ' . i: i i: .." .' I : ~'" h ~ b~~ ~~~: j ~r' '~~;~ ~ \>~! D ""~~~f~·,f;~· ;'~~ i~' ~ ~ ! ~ : ,; r ~ j~rtt L i ; : l !~: ~ if i, i~ ~\:J . """ i -1\ ; ,l§, ~.i . ~').~i ~ I ; (" ~ I~ 1 ~i~ ~ 1~:~'-1 :~~-'~ '~~i i . ~: ~: i-~! i !~ ~~.; ,\,,-: I I ~, 1 I I I i ~~ ~/<........,,!~ . ~.: --.....;. ; I' ,.'; '_ .~ Ii' '.~. . ...... ''''''!" ,,'; ,I': ! i ! : . ! ~~. , .. ' 1 '" ; .:: ;: \"' i ' 1 :-""'" : : 1 ~ : . ~ ,>-.:, " ~ 1 i;:" '~ %t~-: ~\ .~'~ ~ !. : ' i. ~ ~.!~~. J~:~ 1 ~ I ~! : : /' ~ . 'I.~>-~' , ~, j ~ I'''''> ~ ': I' I'" . -i ! -: ! I 1 : :"" . ~,-",,&.~, I I~i~ :,;~' ~' i ~: : i~ i '~C':_ I I'~ ki! I~~l 1 ;~i i \ , ~ • I !.e-' I 'q \' ii' , : : , :~I I • ~"~, j :~i I· .,. ,~..", • ' , ':,-,:! ~ : ~ i ~ ! ~ ~! ~: ; :",,! : 1\.1' l%~ I .~ \ .. ~.: ; : ;. :~=; :~~: ; ; li~Ii':· "- . ~ ~ : ~~ ,~ &1: I ! \ ~-. L" ; '!!: ~ cS<~ ''-:''''"'~ I .~'~ -,\:,--"". -, .' ~ . . ~:~_ ~ ~~,:f:~:~ I it\ .. : ,~:~.; : I_-~ ~~ ~. . I i~' :~~ t'",' ','-""""'" \.:)~. I~:" ~ "'-.,'''' y : !~;:: :;.: 11! /7 ATTN: KRISTA FLEMING EDEN PRAIRIE PLANNING COMMISSION My name is Kathy Ferrara and I live on Sheldon Ave. I'm writing to express my concern that these special people will not have enough space on the proposed site on Eden Prairie Road to meet their needs. I was a Senior Habilitation Specialist in Bedford, NY, from 1980-1985 --a time when Heraldo Rivera was on TV discussing the Willowbrook Decree, which stated retarded adults had rights, could not be institutionalized forever, and be given a chance to be productive members of society. I served 21-65 year olds with profoundly, severely, autistic, schizophrenic and with multiple physical handicaps in a day treatment program that occupied most of a former elementary school and its grounds. These 60 clients and staff utilized the entire inside and outside yard space. In my opinion, based on my concern for the care and dignity of these individuals, this site is not only too small, but because of the location near a busy intersection with heavy school bus traffic, cannot provide the calm and slow-paced environment these individuals need. Sincerely, " Kathy R. Ferrara 16065 Sheldon Ave. 6," · . . . ,: Ie{ September 15, 1999 To The Planning Commission of Eden Prairie: We live at 16370 Westgate Drive, the property in question is on the border of our back yard. We do not feel Chrestomathy would be good for our area, there is so much traffic on 4 and Valley View now that after seeing the size of their buses· and the amount of space they want for parking would only add more congestion. Our area has all single family homes and most of us have lived there for at least 10 years, we have seen many changes. We were in favor of the garden center, we were shown blue prints and told how the center would be laid out. Well we ended up lokking at the garden centers trash and barrels, and white plastic roofing flaping in the wind. We asked Mr. Anderson if he would split the cost of a privacy fence along the property line. He agreed and we have the fence to hide some of the property. After this happening we do not feel we can trust the words or the blue prints of the people. We are definitely against the chrestomathy project. Dear Eden Prairie Planning Commission, Our names are Tom and Desiree Riegert. We live on the corner of County Road 4 and Westgate Drive ( south side). We are writi ng to you in regard to the Chrestomathy business that wants to build a facility on the land where the Arbours once was. We are deeply concerned about this and would like to voice our opinions. First of all let me say that we have nothing against Chrestomathy. We believe that helping special needs people is a wonderful thing. Teaching them job ski lis and habi I itaion is great. . However, this is a vocational facility and does not belong nor does it serve our neighborhood. The flower shop before it did serve the neighborhood. We feel it is better suited in a business area. Secondly, we have safety concerns. We under- stand their clients are developmentally disabled. Fine. Our concern is how many are also diagnosed as mentally ill. Are there any individuals who will . have the potential to be some kind of sexual of- fender. I have 2 friends who are social workers who say yes. We have 3 children age 6 and under that love-to play out in the yard. Although they are supervised most of the time, the 6yr. old and 4 yr. old sometimes go out without my know- ing. We ate concerned that occasionally Chrestomathy's clients also go out without their knowing. We think these two issues make a dangerous combination. It only takes one time to ruin a life. We do not want to find these people accidentally wan- dering the neighborhood! Thirdly, our concern is traffic. This building only has easy access from one direction. When the flower shop was open we had people pulling U-turns on our corner constantly. Those . who didn't make U-turns pulled into our driveway or the neigh- bors to turn around. This happened about 5 plus times a day. Not only is that annoying but now my kids ·play in the driveway not just our backyard. We do not want to worry about them getting run over. County Road 4 is busy enough with high school traffic and cars going to and from work, we don't need more. Trying to cross 4 by our house using the crosswalk is a joke already. No one even slows down much less stop. I've had Eden Prairie police run the crosswalk while I was in it! I would also consider this a dangerous location for vunderable adults.(8usy street). Our fourth concern has to do with our property value~ What will this business do to our property value? Who would want this in their neighborhood? Would you? How many police calls has this place had in the past year? Our neighbors across the street from us are quite elderly and will be moving within 1-3 years. No family with young children will buy a house that butts up to this facility. Thankyou for listening to our concerns. We hope you give this issue a lot of consideration and do the right thing. We were here first. If Eden Prairie loves it's kids, RI~se keep this out of our neighorhood. Sincerely, Tom and Desiree Riegert and family Eden Prairie City Offices Attn: Planning Commission 8080 Mitchell Road Eden Prairie, MN 55344 Dear Planning Commission, 16390 Westgate Trail Eden Prairie, MN 55344-1815 September 22, 1999 We are writing to express our concerns and opposition to Chrestomathy" moving into our neighborhood. Our concerns are: a. Traffic: We live on a corner and it is a challenge with the regular traffic on Eden Prairie Road to turn onto the road. With Chrestomathy anticipating 50 vehicles (cars, vans and buses) or more arriving at their facility Monday through Friday, traffic and noise will become a major problem. Their hours start at 7:00 a.m. which is the exact time I (Karen) leave for work, and traffic is starting to build at that time. Chrestomathy traffic will have a serious impact on Eden Prairie School buses and students driving to the High School, plus normal routine traffic. This development will cause traffic problems for the Uttle Red Grocery and the customers trying to enter and leave the Uttle Red This is not fair to either one. b. Zoning: We do not want the zoning for this site changed. This is a residential location and neighborhood. Please keep it zoned as it is and let the property be developed into a small office building site for an attorney, or CPA's, or Chiropractor, etc., that would not cause the additional amount of traffic that Chrestomathy demands for their buses and vans. c. Values: We have worked long and hard to maintain and keep our property up. This type of business will cause the value of our property to go down. We are at retirement age and it is not financially feasible for us to move. Ctlrestomathy " needs to be in a commercial business development surrounding. Not in an established neighborhood. We do not need Chrestomathy II or want them. Please do not consider re-zoning our neighborhood. Thank you. Jeny & Janet Frost 16292 Westgate Lane Eden Prairie, Minnesota 55344 September 19th, 1999 I am submitting this letter to the Eden Pairie Community Development Department to address out concerns about the development of 7465 Eden Prairie Road. Out House is one of six properties aqjoining this address. I am an electronic technician for Honeywen and my wife is a registered nurse working in Eden Prairie. We have three children whose ages are 15, 11, & 5. We have lived here for nine years with the Garden Center as our neighbor. In the past I was employed at a residence for 100 developmentally disabled adults and volunteered meeting with two developmentally disabled adults on my own and found it rewarding. My wife occasionally assists in the medical care of the developmentally disabled. We lUlderstand the value of Chrestomathys' program. however we have the following concerns which center arolUld the major changes that are being proposed for this property. The Chrestomathy proposal: a. Increases the present 19 parking spaces to 41. b. Increases the building size from 2398 sq. feet to 9828 sq. feet. c. Increases the people on site from an average of 5 -10 to 70. d Adds daily traffic of multiple 15 passenger vans in & out with overnight parking just 10 feet from residencial property .. e. Adds employee traffic. f. Adds traffic thru Little Red's convenience store which is already quite heavy. Little Red's is located at the intersection of County Road 4 & Valley View Road A heavy lOad of traffic is present during.rush hours (am & pm)!iue to the High Schoo1.buses, residents going to work and some high school students walking between Little Red's and the present garden center or on Valley View Road These students are walking between cars comin&..in & out of Little Red's. The facts above are reason, I believe, to examine the impact this proposed business would have on: I. Quality 9flife. The major increases can affect the neighborhood and it's present residentiaI calm. . I 2. Property value. It is our sincere desire that the nature of the next business to occupy 7465 Eden Prairie Road have an impact on the neighborhood reasonably the same as the Wden centers'. I 3. There is some concern in having 42 residents, some having aggresion and profolUld mental retardation, literally next door to children. Some I have talked with expressed the needs of the Chrestomathys' day residents for: + There is some concern in having 42 residents, some having aggresion and profound mental retardation, literally next door to children. + Open environment free of distractions. Eden Praire road does not seem to represent that The courtyafd in the back of the proposed business would not be very large or open, and the need for some increased fencing is apparent. The exisitingf~ce is at the low point between the Garden Center and the homes next door. The 5 foot fence (average) gives approximately 3 feet of view seperation at eye level. One Home has an existing deck facing.theGarden Center. Next door (my house) has a deck goin~in in the future with the same clear view over the fence. . Lastly, I expeGt a business will move into 7465 Eden Prairie Road There is neighborhood concern that rezoning this property for 'Office' would not restrict a future owner of this property from increasing the building footprint or buiIding..ho!ll'S. This would permit a chan~ without notification of the immediate neighborhood or invitation to a city p~anning commision meeting. Petition of the Residents of Eden Prairie -September 1999 We the undersigned, although we support the work of Chrestomathy, do not want to have the facility located in our neighborhood, we think a commercial setting is a much more suitable location. Specifically my concerns are; 1. Safety Issues. 2. Zoning Building Size. 3. Property Value 4. Quality of Life. 5. Traffic Concerns Eden Prairie Resident Petition 1 ~b September 1999 Petition of the Residents of Eden Prairie -September 1999 We the undersigned, although we support the work of Chrestomathy, do not want to have the facility located in our neighborhood, we think a commercial setting is a much more suitable location. Specifically my concerns are; 1. Safety Issues. 2. Zoning Building Size. 3. Property Value 4. Quality of Life. 5. Traffic Name Address /\ L Signatum.. Concerns 1 elf (Zt S FA L/tJef(. 10(07 &'(~u live (M/~ (14:3I~ \ ~...., bree.,w ooc.-( /600a' 1 (. e.t cI-;: --Oft ,~~ f) J";' f U ~ 3'D.Av\ Pd:Z'1·e.v~ ~ l~f3 l SluJ?~~< ~~4r.~ bt2~Zp' 41111 /;1' ; l/lAC, A 'r'/ ec,it 4, fl" S ~.,.K s4-lo(cu Au'~ :J;h. ' .-t--I]: ( /~'Vt<,----/ ~ :..,... l ;j Jcj (~p /7LJz('j'-"/J~ 4f.--/6JQZ;-AJJ,,p"'-.-/ Ot.~( klikfY2/l1v--V~ 3'-1 ' ~ . ..L fj.eANM . ..vi /h._l7S ~5U~!-~ ,/ /Ii/v." J I 2, :3, Y ~.,.d 7 ~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Eden Prairie Resident Petition 1 September 1999 d7 I'-' October 28, 1999 Dr. Jean Harris, Mayor City of Eden Prairie 8080 Mitchell Rd. Eden Prairie, Mn 55344 Dear Dr. Harris, My name is Kitty Westin and I have an adult son, Jamie Westin, who is mentally retarded and attends a day program at Chrestomathy. I am aware that Chrestomathy is planning to relocate to Eden Prairie. I understand there are some reservations in the community about having a program which serves mentally retarded adults. I am writing to assure you and the City Council of Eden Prairie that Chrestomathy is a reputable program that closely supervises their clients at all times. When we were told that we needed to find a new day program for our son we did extensive research and visited many programs before deciding on Chrestomathy. The reason we chose Chrestomathy is because they had the experience and staff to handle our son who has some behavior management issues. The staff at Chrestomathy are highly trained and able to manage difficult people effectively. They provide a safe, secure environment at all times. I am confident that our son is monitored from the time he arrives until the time he goes home. There has never been an incident reported to me that would indicate anything to the contrary. I encourage you and the City Council of Eden Prairie to welcome Chrestomathy into your community. I would be happy to speak to you or members of the city council if you have any questions or concerns. I can be reached at 612-448-4544. Thank you for your time and attention to this matter. Sincerely, ~(jJ~ Kitty Westin 112329 Chatfield Court Chaska, MN 55318 612-448-4544 Oct. 27, 1 999 Dr. Jean Harris City of Eden Prairie 8080 Mitchell Rd. Eden Prairie, MN 55344 Dear Dr. Harris, Betty Lou and Ronald A. Nelson 1457 Utah Avenue South Minneapolis, MN 55426 (612) 545-8672 We are writing in support of the proposed purchase of a building in Eden Prairie by Chrestomathy -the day program for mentally handicapped adults. Our son Paul is a part of this program. It has been truly a God-send for him, and we are continually amazed at his progress. The Chrestomathy program is exceptionally creative in its approach to teaching both basic life skills and job skills. Paul's work has ranged from cleaning bathrooms to stenciling T-shirts and note cards. A few years ago we would never have dreamed he could learn to do either. The program is very well supervised, and there is an atmosphere of love and respect fostered in both staff and clients. If there is any uneasiness about opening your community to this program, please be assured that there is no reason for it. Chrestomathy's track record in other communities will bear this out. We are reminded of a statement made by a man who lived next door to Paul's first group home in North Minneapolis. We commented on his beautiful home, and his response was, "Not nearly as beautiful as what's happening next door." I'm sure that Eden Prairie residents and workers will feel the same way when they learn more about Chrestomathy's work and meet some of its staff and clients. We understand that the desired location is very close to a school. What a wonderful opportunity for teaching school children to not only respect but even value the handicapped! Please feel free to call us if we may be of any further help. Sincerely yours, i~l-)~ Ronald and Betty Lou Nelson CITY COUNCIL AGENDA SECTION: PUBLIC HEARING SERVICE AREAlDIVISION: Community Development and Financial Services Don Dram, Director Requested Action ITEM DESCRIPTION: Resolution Amending Resolution No. 98-213, Regulating Fees and Charges for Business Licenses, Permits and Municipal Services Move to: Close the Public Hearing; and DATE: November 2, 1999 ITEM NO. VI. {3. Adopt the Resolution amending Resolution No 98-213, Regulating Fees and Charges for Business Licenses, Permits and Municipal Services. Synopsis The Council adopts the fee resolution each December for the fees that will be charged and collected the following year. Because liquor license renewals are sent out before the fee resolution is approved, it is necessary to update the fee resolution now. Staff has compared the fees the City charges to comparable cities and recommends the following increases: • 3.2 beer annual application fee -On-Sale from $50.00 to $500.00 • 3.2 beer annual application fee -Off-Sale from $10.00 to $100.00 • 3.2 beer investigation fee from $0.00 to $500.00 • Liquor On-Sale -Wine investigation fee from $250.00 to $500.00 These fees will provide a more reasonable reimbursement of City costs. In 1999, the City issued the following licenses: 5 -3.2 beer On-Sale licenses - 11 -3.2 beer Off-Sale licenses -11 7 -Liquor On-Sale Wine licenses - 7 I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION AMENDING RESOLUTION NO. 98-213, REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES BE IT RESOLVED, that changes to Section 2.12 LIQUOR, be added to read as follows: 3.2 Beer Annual Application Fee -On-Sale 3.2 Beer Annual Application Fee -Off-Sale 3.2 Beer Investigation Fee - Liquor On-sale -Wine Investigation Fee $500.00 $100.00 $500.00 $500.00 ADOPTED by the City Council ofthe City of Eden Prairie on this 2nd day of November, 1999. Jean L. Harris, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims November 2, 1999 SERVICE AREAJDIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims \j " Financial ServiceslDon Uram Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 80585 to 80990 Background Information Attachments COUNCIL CHECK SUMMARY 27-0CT-1999 (10:07) DIVISION TOTAL ------------------------------------------------------------------------------------------------------------------------ LEGAL COUNSEL CUSTOMER SERVICE BENEFITS TECHNOLOGY FINANCE HUMAN RESOURCES COMMUNICATIONS CITY CLERK HUMAN SERV RISK MANAGEMENT ENGINEERING INSPECTIONS FACILITIES ASSESSING CIVIL DEFENSE POLICE FIRE ANIMAL CONTROL STREETS/TRAFFIC PARK MAINTENANCE STREET LIGHTING FLEET SERVICES ORGANIZED ATHLETICS COMMUNITY DEV COMMUNITY CENTER HISTORICAL YOUTH RECREATION SPECIAL EVENTS ADULT RECREATION RECREATION ADMIN ADAPTIVE REC OAK POINT POOL ARTS PARK FACILITIES PUBLIC IMPROV PROJ DEBT SERVICE PAYMENTS 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 $13,536.90 $13,815.90 $1,215.00 $18,775.13 $237.50 $2,229.77 $5,375.51 $4,337.19 $8,175.00 $1,350.66 $726.51 $93.68 $21,120.52 $405.25 $106.76 $5,907.40 $2,889.50 $5.40 $56,515.95 $20,245.74 $102,464.63 $11,600.17 $1,385.00 -$86.97 $50,477.34 $13.83 $879.56 $740.50 $943.13 $195.04 $265.00 $78.75 $18.56 $310.55 $175,935.22 $375.00 $70,280.19 $2,294.10 $1,459.00 $2,315.44 $45,025.99 $46,140.60 $99,963.87 $78,750.00 $201,518.68 $8,152.68 $19,231.29 $85,279.00 $3,393.60 $1,186,465.02* COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 80585 80586 80587 80588 80589 80590 80591 80592 80593 80594 80595 80596 80597 80598 80599 80600 80601 80602 80603 80604 80605 80606 80607 80608 80609 80610 80611 80612 80613 80614 80615 80618 80619 80620 80621 80622 80623 80624 80625 80626 80627 80628 80629 80630 80631 80632 80633 80634 80635 80636 80638 80639 80640 80641 80643 $50.68 $2,070.87 $1,983.40 $4,266.61 $3,115.48 $1,060.75 $299.10 $282.63 $72.00 $79.75 $2,823.40 $1,379.08 $1,679.64 $2,687.65 $823.35 $910.90 $16.69 $40.61 $100.00 $5.00 $32.00 $26.25 $55.00 $55.00 $33.00 $55.00 $364.66 $23.87 $239.94 $135.00 $5,980.92 $10.00 $8,004.62 $241. 74 $1.30 $1,051.23 $162.62 $1,954.35 $779.80 $132.00 $18.64 $704.47 $5.62 $1,286.00 $307.59 $38.72 $15.98 $972 .49 $100.00 $7,892.32 $257.55 $210.96 $1,742.55 $8,488.67 $240.00 VENDOR AMERIPRIDE LINEN & APPAREL SER BELLBOY CORPORATION EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MARK VII MIDWEST COCA COLA BOTTLING COM NORTH STAR ICE PAUSTIS & SONS COMPANY PEPSI COLA COMPANY PHILLIPS WINE AND SPIRITS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING WINE COMPANY, THE WORLD CLASS WINES INC ADAMS, SALLY AT&T BECK, ELEANOR BERGSTRAND, JOHN DAGG, RUTH DEVRIES, KIMBERLY EBNET, JULIE EBNET, SARA ERICKSON, KIM FUCHS, SHARON GENUINE PARTS COMPANY JACQUES, MICHAEL LEMPESIS, BILL MID AMERICA FESTIVALS MINNEGASCO MOORE, LOIS NILSSON, BETH STOFFER, WILLIAM TRANS UNION CORPORATION US WEST COMMUNICATIONS BELLBOY CORPORATION DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY THORPE DISTRIBUTING AAA LAMBERTS LANDSCAPE PRODUCT GE CAPITAL GENUINE PARTS COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO KRAEMERS HARDWARE INC LUSKEY, SHARON MENARDS O'CONNELL, JAY JOHNSON BROTHERS LIQUOR CO MIDWEST COCA COLA BOTTLING COM NORTH STAR ICE PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC AARP 55 ALIVE MATURE DRIVING DESCRIPTION OTHER CONTRACTED SERVICES MERCHANDISE FOR RESALE BEER 6/12 MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE BEER 6/12 MISC TAXABLE MISC TAXABLE BEER 6/12 MISC TAXABLE MERCHANDISE FOR RESALE WINE IMPORTED WINE DOMESTIC BEER 6/12 WINE DOMESTIC WINE IMPORTED LESSONS/CLASSES TELEPHONE SR CITIZENS/ADULT PROG FEES ADULT/YOUTH/OUTDOOR CTR PROG LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES LESSONS/CLASSES YOUTH RESIDENT MEMBERSHIP LESSONS/CLASSES EQUIPMENT PARTS MILEAGE AND PARKING MILEAGE AND PARKING DEPOSITS GAS LESSONS/CLASSES HOSES & NOZZLES INSURANCE PROFESSIONAL SERVICES TELEPHONE TOBACCO PRODUCTS BEER 6/12 BEER 6/12 BEER 6/12 LANDSCAPE MTLS & AG SUPPL RENTALS OPERATING SUPPLIES-GENERAL MERCHANDISE FOR RESALE MERCHANDISE FOR RESALE REPAIR & MAINT SUPPLIES ACCTS REC-CUSTOMER OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL WINE DOMESTIC MISC TAXABLE MISC TAXABLE BEER 6/12 MERCHANDISE FOR RESALE SPECIAL EVENTS FEES 27-0CT-1999 (10 PROGRAM LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS POOL LESSONS WATER UTILITY-GENERAL . ADULT PROGRAM SPECIAL EVENTS/TRIPS POOL LESSONS POOL LESSONS FITNESS CLASSES FITNESS CLASSES COMMUNITY CENTER ADMIN FITNESS CLASSES EQUIPMENT MAINTENANCE PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 ESCROW FIRE STATION #5 POOL LESSONS ICE ARENA SAFETY POLICE CUMMINS/GRILL PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS STORM DRAINAGE GENERAL FIRE PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS WATER TREATMENT PLANT WATER DEPT 1998 REHAB PROGRAM FIRE PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 SENIOR CENTER PROGRAM COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 80644 80645 80646 80647 80648 80649 80650 80651 80652 80653 80654 80655 80656 80657 80658 80659 80660 80661 80662 80663 80664 80665 80666 80667 80668 80669 80670 80671 80673 80674 80675 80676 80677 80678 80680 80681 80682 80684 80685 80686 80688 80689 80690 80692 80694 80695 80696 80697 80700 80701 80702 80703 80709 80710 80711 $1,212.50 $5.00 $134.95 $6.00 $3.00 $433.29 $12.00 $1,221.29 $3.00 $231. 24 $429.73 $51.12 $94.00 $20.00 $18.45 $199.00 $12.00 $8.00 $500.00 $33.92 $375.00 $35.90 $2,548.70 $60.00 $16.84 $4,225.00 $372.78 $4,602.30 $75.00 $792.50 $68.00 $7,042.10 $118.00 $3,816.73 $73.80 $971.65 $5,882.92 $90.00 $1,213.45 $4,757.46 $2,348.43 $85.00 $6,879.24 $1,921.22 $1,802.61 $3,217.28 $264.00 $4,305.89 $1,767.71 $10,478.15 $246.14 $253,718.37 $168.00 $35.00 $15.00 VENDOR CONVERGENT COMMUNICATIONS SRVC GRAVES, MARIAN KRAEMERS HARDWARE INC LARSON, JACQUELYN MELCHERT, DEB MINN BLUE DIGITAL MULLIGAN, THOMAS POSTMASTER SPENCE, MARY US WEST COMMUNICATIONS US WEST COMMUNICATIONS WERTS, SANDY WRIGHT COUNTY SHERIFF'S DEPT. AIR MECHANICAL ALLIED FIRESIDE BIOVERSE INC. FLARE HEATING KLEVE HEATING NATIONAL HIGHWAY INSTITUTE NORTHERN STATES POWER CO NORWEST BANK MN N.A. PLANNER PADS POSTMASTER SCOTT COUNTY COURT SERVICES SHAUGHNESSY, TIM TOTAL REGISTER UNITED HEALTH GROUP US WEST COMMUNICATIONS WEBER, GREGORY J. DAHLHEIMER DISTRIBUTING COMPAN DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY GRAPE BEGINNINGS JOHNSON BROTHERS LIQUOR CO NORTH STAR ICE PHILLIPS WINE AND SPIRITS INC QUALITY WINE & SPIRTS CO SALUD AMERICA INC DAY DISTRIBUTING EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VII PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRITS INC PRIOR WINE COMPANY THORPE DISTRIBUTING WINE MERCHANTS INC NORTHERN STATES POWER CO AARP 55 ALIVE MATURE DRIVING AMELL, KAREN COMPUTER CHEQUE OF MINNESOTA I DESCRIPTION TELEPHONE SR CITIZENS/ADULT PROG FEES LANDSCAPE MTLS & AG SUPPL SR CITIZENS/ADULT PROG FEES SR CITIZENS/ADULT PROG FEES OPERATING SUPPLIES-GENERAL SR CITIZENS/ADULT PROG FEES POSTAGE SR CITIZENS/ADULT PROG FEES TELEPHONE TELEPHONE MILEAGE AND PARKING DEPOSITS CASH OVER/SHORT CASH OVER/SHORT BLDG REPAIR & MAINT CASH OVER/SHORT MECHANICAL PERMIT CONFERENCE ELECTRIC PAYING AGENT OPERATING SUPPLIES-GENERAL POSTAGE CONFERENCE ACCTS REC-CUSTOMER CONTRACTED REPAIR & MAINT DEPOSITS TELEPHONE SCHOOLS BEER 6/12 BEER 6/12 BEER 6/12 WINE IMPORTED MERCHANDISE FOR RESALE MISC TAXABLE MERCHANDISE FOR RESALE WINE IMPORTED WINE IMPORTED BEER 6/12 WINE DOMESTIC BEER 6/12 WINE DOMESTIC MERCHANDISE FOR RESALE WINE DOMESTIC TOBACCO PRODUCTS BEER 6/12 BEER 6/12 WINE DOMESTIC WINE IMPORTED BEER 6/12 WINE DOMESTIC ELECTRIC SPECIAL EVENTS FEES SPECIAL COMMUNITY EVENTS OTHER CONTRACTED SERVICES 27-0CT-1999 (10 PROGRAM GENERAL SENIOR CENTER PROGRAM WATER SYSTEM MAINTENANCE SENIOR CENTER PROGRAM SENIOR CENTER PROGRAM ENGINEERING DEPT SENIOR CENTER PROGRAM WATER ACCOUNTING SENIOR CENTER PROGRAM PRAIRE VIEW LIQUOR #3 GENERAL REC SUPERVISOR ESCROW FD 10 ORG FD 10 ORG WATER TREATMENT PLANT FD 10 ORG FD 10 ORG IN SERVICE TRAINING STREET LIGHTING 92 STATE AID DEBT TREE DISEASE WATER UTILITY-GENERAL POLICE WATER DEPT LIQUOR STORE CUB FOODS ESCROW GENERAL POLICE PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS TRAFFIC SIGNALS SENIOR CENTER PROGRAM ADAPTIVE RECREATION LIQUOR STORE CUB FOODS COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT VENDOR DESCRIPTION 80712 80713 80714 80715 80716 80717 80718 80719 80720 80721 80722 80723 80724 80725 80726 80727 80728 80729 80730 80731 80732 80733 80734 80735 80736 80737 80738 80739 80740 80741 80742 80743 80744 80745 80747 80748 80749 80750 80751 80752 80753 80754 80755 80756 80757 80758 80759 80760 80761 80762 80763 80764 80765 80766 80767 $36.55 $30.00 $35.00 $200.00 $40.00 $122.69 $735.18 $3,397.60 $360.00 $3,000.00 $275.00 $35.00 $60.00 $110.40 $48.90 $3,921.95 $1,534.93 $3,265.13 $1,553.05 $220.65 $57.60 $1,004.70 $421.45 HUTTER, MICHAEL OPERATING SUPPLIES-GENERAL JOHNSON, BARBARA ADULT/YOUTH/OUTDOOR CTR PROG KLOECKNER, LINDA SPECIAL COMMUNITY EVENTS McCORMICK, CAROL OTHER CONTRACTED SERVICES MINNESOTA DEPT OF COMMERCE PROFESSIONAL SERVICES PETTY CASH-POLICE DEPT POSTAGE PITNEY BOWES RENTALS RICHFIELD, CITY OF AUTOS SOUTHWEST SUBURBAN PUBLISHING-ADVERTISING UNITED STATES POSTAL SERVICE POSTAGE URBAN TRANSPORTATION MONITOR, DUES & SUBSCRIPTIONS WILLIAMSON, MARLA SPECIAL COMMUNITY EVENTS SPRINGS TED INCORPORATED CONFERENCE ALL SAINTS BRANDS DISTRIBUTING BEER 6/12 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES DAY DISTRIBUTING BEER 6/12 GRIGGS COOPER & CO MERCHANDISE FOR RESALE JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE MARK VII BEER 6/12 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE NORTH STAR ICE MISC TAXABLE PHILLIPS WINE AND SPIRITS INC WINE IMPORTED PRIOR WINE COMPANY WINE IMPORTED $785.27 QUALITY WINE & SPIRTS CO $4,362.75 THORPE DISTRIBUTING $1,552.70 DAY DISTRIBUTING MERCHANDISE FOR RESALE BEER 6/12 BEER 6/12 $1,775.38 $73.80 $4,361. 80 $1,737.59 $119.76 $137.50 $61.40 $4,633.67 $108.81 $308.00 $1,614.16 $727.92 $44.20 $50.00 $55.71 $1,007.60 $646.40 $223.00 $6,229.73 $1,504.65 $275.00 $34.00 $3.00 $1,172.96 $17.00 $12,977.04 $422.38 $5.00 $51,960.68 JOHNSON BROTHERS LIQUOR CO NORTH STAR ICE PHILLIPS WINE AND SPIRITS INC WINE MERCHANTS INC CHUCK-E-CHEESE CIRCUS PIZZA CONRAD, SPENCER CORPORATE EXPRESS CRACAUER, CLIFF DIAMOND T RANCH DRG ENTERPRISES LTD. EDEN PRAIRIE ASSEMBLY OF GOD EXPRESS MESSENGER SYSTEMS INC FEDERAL RESERVE BANK OF MPLS GERTZ, JOHN GUSTAFSON, JEFFREY HARRISS ARCHITECTS HOLMES, TOM ICMA RETIREMENT TRUST-457 INTERNATIONAL UNION OF OPERATI LAWLEY PUBLICATIONS LEONARD, LAURI MARl ENAU , WANDA MINN CHILD SUPPORT PAYMENT CTR MINNEAPOLIS, CITY OF ORCHARD TRUST CO AS TRUSTEE/CU OUTBACK STEAKHOUSE INC. PROTECTION ONE PUBLIC EMPLOYEES RETIREMENT WINE DOMESTIC MISC TAXABLE MERCHANDISE FOR RESALE WINE IMPORTED SPECIAL EVENTS FEES SPECIAL EVENTS FEES TRAVEL OFFICE SUPPLIES MILEAGE AND PARKING SPECIAL EVENTS FEES DEPOSITS DEPOSITS POSTAGE BOND DEDUCTION OPERATING SUPPLIES-GENERAL DEPOSITS DEPOSITS OTHER CONTRACTED SERVICES DEFERRED COMP UNION DUES WITHHELD DUES & SUBSCRIPTIONS ADULT/YOUTH/OUTDOOR CTR PROG SR CITIZENS/ADULT PROG FEES GARNISHMENT WITHHELD TRANSPORTATION DEFERRED COMP DEPOSITS OTHER CONTRACTED SERVICES PERA WITHHELD 27-0CT-1999 (10 PROGRAM OUTDOOR CTR PROGRAM OUTDOOR CTR PROGRAM ADAPTIVE RECREATION OUTDOOR CTR PROGRAM COMMUNITY DEVELOPMENT GENERAL GENERAL pis REVOLVING FD PRAIRIE VILLAGE LIQUOR #1 GENERAL IN SERVICE TRAINING ADAPTIVE RECREATION IN SERVICE TRAINING PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS SPECIAL EVENTS/TRIPS SPECIAL EVENTS/TRIPS FIRE GENERAL EQUIPMENT MAINTENANCE SPECIAL EVENTS/TRIPS ESCROW ESCROW GENERAL FD 10 ORG HERITAGE PRESERVATION ESCROW ESCROW SOFTBALL FD 10 ORG FD 10 ORG IN SERVICE TRAINING OUTDOOR CTR PROGRAM SENIOR CENTER PROGRAM FD 10 ORG SPECIAL EVENTS/TRIPS FD 10 ORG ESCROW PRAIRE VIEW LIQUOR #3 FD 10 ORG COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 80768 80769 80770 80771 80772 80773 80774 80775 80776 80777 80778 80780 80781 80782 80783 80784 80785 80786 80787 80788 80789 80790 80791 80792 80793 80794 80795 80796 80797 80798 80799 80800 80801 80802 80803 80804 80805 80806 80807 80808 80809 80810 80811 80812 80813 80814 80815 80816 80817 80818 80819 80820 80821 80822 80823 $50.78 $1,027.25 $106.95 $5.00 $180.00 $5.00 $165.87 $37,275.00 $37,147.50 $127.50 $2,080.03 $600.00 $139.26 $100.00 $110,024.06 $10.00 $10.00 $45.10 $169.00 $333.16 $8,538.75 $116.03 $78.75 $26.25 $6.90 $84.56 $836.65 $9,949.38 $25,796.61 $114.57 $1,920.70 $4,419.83 $166.11 $536.78 $61.38 $225.00 $25.00 $77,962.50 $297.13 $300.00 $2,043.67 $506.00 $232.59 $526.72 $48.06 $6.00 $30.00 $75.00 $140.00 $13.37 $40.26 $67.29 $47.04 $22.78 $568.95 VENDOR PUBLIC EMPLOYEES RETIREMENT AS RICHFIELD, CITY OF SCHEPERS, JACK STEBLAY, MARIA TARGET CENTER VANVOOREN, AMY CORPORATE EXPRESS STATE OF MINNESOTA COMMISSIONER OF TRANSPORTATION COMMONWEALTH TITLE COMPANY AIRTOUCH CELLULAR, BELLEVUE AMUNDSON, M AT&T GREAT RIVER ENERGY INGRAM EXCAVATING INC LOEBER, DIANNE McKAY, LYNI BURKE MINNESOTA DEPT OF COMMERCE MUSOLF, TIFFANY NATIONWIDE ADVERTISING SERVICE NORTHERN STATES POWER CO PETTY CASH ST. CLAIR, PEG TRIVEDI, ANU WELD & SON'S PLUMBING AMERIPRIDE LINEN & APPAREL SER DAHLHEIMER DISTRIBUTING COMPAN EAST SIDE BEVERAGE COMPANY JOHNSON BROTHERS LIQUOR CO NORTH STAR ICE PHILLIPS WINE AND SPIRITS INC QUALITY WINE & SPIRTS CO COMMISSIONER OF TRANSPORTATION DAHLGREN SHARD LOW AND UBAN DUNBAR, DAVID GElS, ROB MEDINA ENTERTAINMENT CENTER METROPOLITAN COUNCIL MTI DISTRIBUTING CO NCPC NORTHERN STATES POWER CO NORWEST BANKS POSTMASTER RENAISSANCE WASHINGTON DC RESPOND SYSTEMS* SCHNEIDER, LLOYD SENSIBLE LAND USE COALITION SPRINGSTED INCORPORATED STANDARD PLUMBING & APPLIANCE PARAGON CABLE UPS US WEST COMMUNICATIONS WEEDMAN, NICOLE AAA LAMBERTS LANDSCAPE PRODUCT AIRGAS SAFETY DESCRIPTION PERA WITHHELD INSURANCE MILEAGE AND PARKING ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS FEES ADULT/YOUTH/OUTDOOR CTR PROG OFFICE SUPPLIES DEPOSITS PURCHASE OF LAND FROM MNDOT PURCHASE OF LAND FROM MNDOT TELEPHONE OPERATING SUPPLIES-GENERAL TELEPHONE VIOLATION FEES BUILDING LESSONS/CLASSES LESSONS/CLASSES MISCELLANEOUS MISC TAXABLE EMPLOYMENT ADVERTISING ELECTRIC OPERATING SUPPLIES-GENERAL LESSONS/CLASSES LESSONS/CLASSES CASH OVER/SHORT OTHER CONTRACTED SERVICES BEER 6/12 BEER 6/12 MERCHANDISE FOR RESALE MISC TAXABLE WINE DOMESTIC MERCHANDISE FOR RESALE INSPECTIONS GRANTS-OTHER GOVT UNIT MILEAGE AND PARKING SCHOOLS SCHOOLS DUE TO OTHER GOVNT UNITS EQUIPMENT PARTS SCHOOLS PRINCIPAL CASH OVER/SHORT POSTAGE SCHOOLS SAFETY SUPPLIES SR CITIZENS/ADULT PROG FEES CONFERENCE CONFERENCE OTHER CONTRACTED SERVICES CABLE TV OPERATING SUPPLIES-GENERAL TELEPHONE SPECIAL EVENTS FEES LANDSCAPE MTLS & AG SUPPL SAFETY SUPPLIES 27-0CT-1999 (10 PROGRAM FD 10 ORG SAFETY PRAIRIE VILLAGE LIQUOR #1 OUTDOOR CTR PROGRAM SPECIAL EVENTS/TRIPS OUTDOOR CTR PROGRAM GENERAL ESCROW ESCROW ESCROW FIRE HALLOWEEN PARTY GENERAL SOFTBALL PRESERVE PARK K16 POOL LESSONS POOL LESSONS FINANCE DEPT PRAIRIE VILLAGE LIQUOR #1 HUMAN RESOURCES WATER TREATMENT PLANT AFTER SCHOOL PROGRAM OAK POINT LESSONS POOL LESSONS FD 10 ORG PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS EDEN CROSSING ROADS GUIDE PLAN PRAIRE VIEW LIQUOR #3 POLICE POLICE SAC AGENCY FUND EQUIPMENT MAINTENANCE POLICE TRAFFIC SIGNALS FD 10 ORG SENIOR CENTER PROGRAM POLICE LIQUOR STORE CUB FOODS SENIOR CENTER PROGRAM IN SERVICE TRAINING IN SERVICE TRAINING DOUGLAS/MORE HOUSE COMMUNITY SERVICES PROGRAM SUPERVISOR FIRE SPECIAL EVENTS/TRIPS WATER SYSTEM MAINTENANCE WATER UTILITY-GENERAL COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 80824 80825 80826 80827 80828 80829 80830 80831 80832 80833 80834 80835 80836 80837 80838 80839 80840 80841 80842 80843 80844 80845 80846 80847 80848 80849 80850 80851 80852 80853 80854 80855 80857 80858 80859 80860 80861 80862 80863 80864 80865 80866 80867 80868 80869 80870 80871 80872 80873 80874 80875 80876 80877 80880 80881 $202.50 $66.26 $99.47 $70.00 $7.48 $45.00 $2,732.00 $60.13 $158.41 $946.03 $597.12 $366.71 $300.00 $338.75 $76.00 $540.00 $338.50 $121. 35 $2,645.81 $135.00 $1,635.00 $109.49 $106.50 $459.21 $397.30 $523.61 $140.12 $345.11 $264.00 $6,515.02 $760.94 $795.56 $607.78 $236.43 $98.24 $20.00 $416.34 $6,481.58 $173.87 $15,462.30 $3,891. 06 $187.44 $315.00 $9.60 $86.62 $8,175.00 $1,214.10 $591.38 $1,800.00 $491.28 $58.34 $57.51 $55.80 $34.45 $62.90 VENDOR ALAN SHILEPSKY CONSULTING INC AMERICAN FREIGHTWAYS ANCHOR PAPER COMPANY APPRAISAL INSTITUTE AQUA ENGINEERING INC ARMOR SECURITY INC ASPEN CARPET CLEANING ASTLE FORD EQUIPMENT COMPANY IN BAN-KOE SYSTEMS INC BAUER BUILT TIRE AND BATTERY BECKER ARENA PRODUCTS INC BLOOMINGTON SECURITY SOLUTIONS BOY SCOUT TROOP 342 BRAUN INTERTEC CORPORATION BREVIK, KENT BROWN, PAUL BURNSVILLE SANITARY CO CATCO CLUTCH & TRANSMISSION SE CEMSTONE CENTRAIRE INC CHAD NESTOR ILLUSTRATION & DES CHANHASSEN LAWN AND SPORTS CLAREYS INC CONNEY SAFETY PRODUCTS CONSTRUCTION BULLETIN CONVERGENT COMMUNICATIONS SRVC CORDES, JEFFREY CUB FOODS EDEN PRAIRIE CUT & FILL INC. CUTLER-MAGNER COMPANY D.J.'S MUNICIPAL SUPPLY CO DALE GREEN COMPANY, THE DARTNELL CORPORATION, THE DECORATIVE DESIGNS INC DELEGARD TOOL CO DEM CON LANDFILL INC DMX/MINNEAPOLIS DPC INDUSTRIES INC DRISKILLS NEW MARKET DRT TRANSPORT DYNA SYSTEMS ECOLAB INC EDINA, CITY OF ELECTRIC PUMP EMERGENCY APPARATUS MAINTENANC EPISCOPAL COMMUNITY SERVICES ESS BROTHERS & SONS INC* FASTSIGNS FIFTH SEASON CONSTRUCTION INC. G & K SERVICES-MPLS INDUSTRIAL GALLS INC GENERAL MACHINING INC GENUINE PARTS COMPANY GINA MARIAS INC GTE DIRECTORIES DESCRIPTION OTHER CONTRACTED SERVICES BLDG REPAIR & MAINT OFFICE SUPPLIES OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES CONTRACTED BLDG REPAIRS EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL TIRES REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES RENTALS DESIGN & CONST OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES WASTE DISPOSAL EQUIPMENT PARTS SIGNS CONTRACTED BLDG MAINT PRINTING REPAIR & MAINT SUPPLIES CONTRACTED EQUIP REPAIR SAFETY SUPPLIES LEGAL NOTICES PUBLISHING TELEPHONE MILEAGE AND PARKING OPERATING SUPPLIES-GENERAL WASTE DISPOSAL CHEMICALS EQUIPMENT PARTS LANDSCAPE MTLS & AG SUPPL DUES & SUBSCRIPTIONS OTHER CONTRACTED SERVICES SMALL TOOLS WASTE DISPOSAL OTHER CONTRACTED SERVICES CHEMICALS TRAVEL OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT CONST TESTING-SOIL BORING CONTRACTED EQUIP REPAIR OPERATING SUPPLIES-GENERAL PROFESSIONAL SERVICES REPAIR & MAINT SUPPLIES FURNITURE & FIXTURES CONTRACTED BLDG REPAIRS CLEANING SUPPLIES EQUIPMENT PARTS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS MISCELLANEOUS ADVERTISING 7 27-0CT-1999 (10 PROGRAM EQUIPMENT MAINTENANCE WATER WELL #2 GENERAL ASSESSING-ADMIN PARK MAINTENANCE ICE ARENA WATER TREATMENT PLANT EQUIPMENT MAINTENANCE COMMUNITY CENTER ADMIN EQUIPMENT MAINTENANCE ICE ARENA WATER TREATMENT PLANT FIRE FIGHTERS CEDAR FOREST UTILITY CONSTRUCT BASKETBALL TOUCH FOOTBALL ROUND LAKE EQUIPMENT MAINTENANCE STORM DRAINAGE FIRE STATION #5 ADAPTIVE RECREATION WATER SYSTEM MAINTENANCE SEWER SYSTEM MAINTENANCE WATER UTILITY-GENERAL HOV BYPASS LANE VV RD AT 494 GENERAL TREE DISEASE FIRE FIGHTERS STORM DRAINAGE WATER TREATMENT PLANT EQUIPMENT MAINTENANCE STREET MAINTENANCE WATER UTILITY-GENERAL WATER TREATMENT PLANT EQUIPMENT MAINTENANCE PARK MAINTENANCE PRAIRIE VILLAGE LIQUOR #1 WATER TREATMENT PLANT WATER UTILITY-GENERAL WATER TREATMENT PLANT WATER TREATMENT PLANT EPCC MAINTENANCE WATER SYSTEM SAMPLE SEWER LIFTSTATION FIRE HOUSING, TRANS, & SOC SVC STORM DRAINAGE PRAIRE VIEW LIQUOR #3 FIRE STATION #1 WATER TREATMENT PLANT EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE POLICE PRAIRIE VILLAGE LIQUOR #1 COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 80882 80883 80884 80885 80886 80887 80888 80889 80890 80891 80892 80893 80894 80895 80896 80897 80898 80899 80900 80901 80902 80903 80904 80905 80906 80907 80908 80909 80910 80911 80912 80913 80914 80915 80916 80917 80918 80919 80920 80921 80922 80923 80924 80925 80926 80927 80928 80929 80930 80931 80932 80933 80934 80935 80936 $356.79 $6,321. 06 $499.30 $240.00 $150.00 $327.28 $296.00 $42.83 $4,337.19 $8,135.92 $1,844.58 $6,654.00 $2,294.10 $103.13 $408.69 $284.00 $132.81 $14,161.90 $405.09 $97.43 $81.89 $65.63 $22,682.49 $105.11 $330.96 $101.78 $141.88 $46.00 $373.14 $63.67 $836.14 $271.42 $52.61 $72.87 $85.00 $68.80 $654.09 $40.00 $534.32 $12.51 $605.00 $1,516.34 $1,253.30 $507.60 $209.20 $118.75 $1,643.30 $49.93 $16.19 $2,745.00 $18,363.15 $199.72 $59.32 $250.25 $78.00 VENDOR GUNNAR ELECTRIC CO INC HANSEN THORP PELLINEN OLSON HARMON AUTOGLASS HAWKINS WATER TREATMENT GROUP HENDERSON, JOSH HENNEPIN COUNTY IIT DEPT HOLMES, TOM ICI DULUX PAINT CTRS IMAGEMAX INC INGRAHAM & ASSOC JANEX INC JERRY'S FLOOR STORE JM LYNNE CO. INC. JUSTUS LUMBER COMPANY LAB SAFETY SUPPLY INC LAKE COUNTRY DOOR LAKELAND FORD TRUCK SALES LANG PAULY GREGERSON AND ROSOW LANO EQUIPMENT INC LANO EQUIPMENT OF NORWOOD LAW ENFORCMENT TARGETS INC LESCO INC LOGIS LUBRICATION TECHNOLOGIES INC MACQUEEN EQUIPMENT INC MATEJCEKS MCGLYNN BAKERIES MEDTOX MENARDS MERLINS ACE HARDWARE METRO SALES INCORPORATED* METROPOLITAN FORD MINN BLUE DIGITAL MINNCOMM PAGING MINNEAPOLIS AREA ASSOC OF REAL MINNEAPOLIS DEPARTMENT OF HEAL MINNESOTA CONWAY MINNESOTA DEPT OF AGRICULTURE MINNESOTA VIKINGS FOOD SERVICE MOON VALLEY AGGREGATES MOORE MEDICAL CORP MTI DISTRIBUTING CO NATIONWIDE ADVERTISING SERVICE OAK GROVE DAIRY OHLIN SALES OLSEN CHAIN & CABLE CO INC OUTDOOR ENVIRONMENTS INC P & H WAREHOUSE SALES INC PAPER WAREHOUSE PARAGON SEATING PARROTT CONTRACTING INC PLANT HEALTH CARE INC PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING PRECISION PAVEMENT MARKING DESCRIPTION CONTRACTED REPAIR & MAINT DESIGN & CONST CONTRACTED REPAIR & MAINT CHEMICALS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES BLDG REPAIR & MAINT MICROFILMING SERVICE BUILDING CLEANING SUPPLIES CONTRACTED BLDG REPAIRS BLDG REPAIR & MAINT BUILDING MATERIALS REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES EQUIPMENT PARTS LEGAL SERVICE EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL TRAINING SUPPLIES LANDSCAPE MTLS & AG SUPPL LOGIS SERVICE LUBRICANTS & ADDITIVES EQUIPMENT PARTS REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL PROFESSIONAL SERVICES REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL COMMUNICATIONS OPERATING SUPPLIES-GENERAL PROFESSIONAL SERVICES FIRE PREVENTION SUPPLIES OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL WASTE DISPOSAL SAFETY SUPPLIES EQUIPMENT PARTS EMPLOYMENT ADVERTISING OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS EQUIPMENT PARTS OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL NEW CAR EQUIPMENT CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS PRINTING CONTRACTED STRIPING 27-0CT-1999 (10 PROGRAM EQUIPMENT MAINTENANCE CEDAR FOREST UTILITY CONSTRUCT EQUIPMENT MAINTENANCE WATER TREATMENT PLANT BASKETBALL INFORMATION SYSTEM VOLLEYBALL WATER TREATMENT PLANT RECORDS MANAGEMENT RILEY LAKE PARK SHELTER (GRANT EPCC MAINTENANCE WATER TREATMENT PLANT FACILITIES-CITY CENTER REMODEL OUTDOOR CENTER-STARING LAKE WATER TREATMENT PLANT ICE ARENA EQUIPMENT MAINTENANCE LEGAL COUSEL EQUIPMENT MAINTENANCE STREET MAINTENANCE POLICE PARK MAINTENANCE SEWER ACCOUNT EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE PARK MAINTENANCE SUNBONNET DAYS SAFETY STORM DRAINAGE EPCC MAINTENANCE GENERAL EQUIPMENT MAINTENANCE ENGINEERING DEPT WATER UTILITY-GENERAL ASSESSING-ADMIN POLICE FIRE WATER TREATMENT PLANT POLICE STORM DRAINAGE FIRE EQUIPMENT MAINTENANCE HUMAN RESOURCES FIRE FIGHTERS EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE PARK MAINTENANCE PARK MAINTENANCE RECREATION ADMIN EQUIPMENT MAINTENANCE STORM DRAINAGE TREE DISEASE WATER SYSTEM MAINTENANCE ASSESSING-ADMIN TRAFFIC SIGNS COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 80937 80938 80939 80940 80941 80942 80943 80944 80945 80946 80947 80948 80949 80950 80951 80952 80953 80954 80955 80956 80957 80958 80959 80960 80961 80962 80963 80964 80965 80966 80967 80968 80969 80970 80971 80972 80973 80974 80975 80977 80978 80979 80980 80981 80982 80983 80984 80985 80986 80987 80988 80989 80990 $6,841.56 $78.80 $356.71 $97.20 $11.75 $247.88 $104.52 $42,638.61 $172.55 $40,394.55 $473.93 $133.13 $41.27 $610.66 $3,262.14 $1,102.74 $12,097.24 $192.40 $165.08 $171. 00 $267.33 $136.18 $121. 50 $13 .18 $201. 99 $240.00 $250.00 $74.55 $52.72 $150.00 $12,150.06 $65.00 $140.00 $148.80 $164.54 $99.91 $98.82 $592.14 $1,608.61 $41,632.10 $6,629.04 $896.96 $638.27 $30.00 $153.30 $1,272.08 $699.81 $575.32 $625.00 $55.00 $1,146.41 $3,274.40 $42.60 $1,186,465.02* VENDOR PRECISION TURF & CHEMICAL INC PRESS EXPRESS QUALITY FLOW SYSTEMS INC QUEBLO QUICKSILVER EXPRESS COURIER RESPOND SYSTEMS* RIGID HITCH INCORPORATED RMR SERVICES INC ROADRUNNER TRANSPORTATION INC SHORT ELLIOT HENDRICKSON INC SIR SPEEDY SIWEK LUMBER & MILLWORK INC SNAP-ON TOOLS SNELL MECHANICAL INC HOPKINS, CITY OF SOUTHWEST SUBURBAN PUBLISHING- SRF CONSULTING GROUP INC STANDARD REGISTER STANDARD SPRING STEWART-HESTER, RENEE STREICHERS STRINGER BUSINESS SYSTEMS INC SUBURBAN CHEVROLET GEO SUBURBAN PROPANE SUBURBAN TIRE & AUTO SERVICE I SUN NEWSPAPERS SWEDLUNDS THE ICE MAN/C02 SERVICES THERMOGAS COMPANY THUNDER COMMUNICATIONS TKDA TOTAL FITNESS OF MN TRANS ALARM INC TWIN CITY OXYGEN CO TWIN CITY SEED CO TWIN CITY TIRE UNLIMITED SUPPLIES INC US FILTER/WATERPRO US OFFICE PRODUCTS VALLEY PAVING INC VESSCO INC VIDEO SERVICE OF AMERICA VWR SCIENTIFIC PRODUCTS W GORDON SMITH COMPANY, THE W W GRAINGER INC WASTE MANAGEMENT-SAVAGE MN WATER SPECIALITY OF MN INC WATSON CO INC, THE WEST SUBURBAN MEDIATION CENTER WESTWOOD PROFESSIONAL SERVICES WM MUELLER AND SONS INC WORK CONNECTION, THE WORM, SANDY CHEMICALS PRINTING DESCRIPTION CONTRACTED EQUIP REPAIR OPERATING SUPPLIES-GENERAL POSTAGE SAFETY SUPPLIES EQUIPMENT PARTS EQUIPMENT PARTS CONTRACTED REPAIR & MAINT DESIGN & CONST PRINTING EQUIPMENT PARTS SMALL TOOLS REPAIR & MAINT SUPPLIES CABLE TV EMPLOYMENT ADVERTISING DESIGN & CONST PROFESSIONAL SERVICES EQUIPMENT PARTS OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL RENTALS EQUIPMENT PARTS MOTOR FUELS TIRES EMPLOYMENT ADVERTISING WASTE DISPOSAL CHEMICALS MOTOR FUELS OTHER CONTRACTED SERVICES DESIGN & CONST REPAIR & MAINT SUPPLIES CONTRACTED BLDG REPAIRS LUBRICANTS & ADDITIVES LANDSCAPE MTLS & AG SUPPL CONTRACTED REPAIR & MAINT EQUIPMENT PARTS LANDSCAPE MTLS & AG SUPPL TRAVEL ASPHALT OVERLAY EQUIPMENT PARTS VIDEO SUPPLIES EQUIPMENT PARTS MOTOR FUELS REPAIR & MAINT SUPPLIES CONTRACTED BLDG MAINT CHEMICALS MERCHANDISE FOR RESALE PROFESSIONAL SERVICES OTHER CONTRACTED SERVICES GRAVEL OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL 27-0CT-1999 (10 PROGRAM PARK MAINTENANCE FIRE SEWER LIFTSTATION REC SUPERVISOR GENERAL SAFETY EQUIPMENT MAINTENANCE WATER METER REPAIR EQUIPMENT MAINTENANCE FLYING CLOUD DRIVE WATER UTILITY-GENERAL EQUIPMENT MAINTENANCE TRAFFIC SIGNALS EPCC MAINTENANCE COMMUNITY SERVICES HUMAN RESOURCES CHARLSON CHURCH IMPROVEMENTS FINANCE DEPT EQUIPMENT MAINTENANCE RECREATION ADMIN POLICE GENERAL EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE HUMAN RESOURCES OUTDOOR CENTER-STARING LAKE POOL MAINTENANCE ICE ARENA SENIOR WEB SITE EDEN CROSSING ROADS FITNESS CENTER WATER TREATMENT PLANT EQUIPMENT MAINTENANCE PARK MAINTENANCE EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE PARK MAINTENANCE WATER UTILITY-GENERAL STREET MAINTENANCE WATER TREATMENT PLANT POLICE WATER TREATMENT PLANT EQUIPMENT MAINTENANCE EPCC MAINTENANCE PRAIRIE VILLAGE LIQUOR #1 POOL MAINTENANCE CONCESSIONS COMMUNITY SERVICES ENGINEERING DEPT STREET MAINTENANCE PARK MAINTENANCE TRAILS CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions SERVICE AREAlDIVISION: Public Safety Department Jim Clark Requested Action Move to: ITEM DESCRIPTION: Penalties for Liquor Violations -Amendment to City Code DATE: 10-19-99 ITEM NO.: Adopt 1 st Reading of an Ordinance amending City Code Section 4.08, Revocation, Suspension or Fine, relating to Beer, Wine, and Liquor. Synopsis City Code Section 4.08 states that "Upon a finding that the holder of any license granted pursuant to this Chapter has ... (4) failed to comply with any applicable statue, regulation or ordinance relating to an alcoholic beverage, the Council may revoke the license, suspend the license for a period not to exceed sixty (60) days, or impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions." The proposed amendment adds specific penalties for violations that occur within any 24- month period. Background Information Due to the number of establishments that have failed the City's liquor compliance checks and the questions that Staff has received regarding the enforcement of these penalties, clarification of the code is necessary. Currently, the Council can: 1. Revoke the license 2. Suspend the license for up to sixty (60) days. 3. Impose a fine of up to $2,000 per violation. 4. Any combination ofthe above. Out of 44 establishments checked recently, 22 violated the ordinance. Under the current ordinance, the Council would have to determine a penalty for each violation. To clarify this process, Staff recommends that the following penalties be established: First Violation: Second Violation: Third Violation: Fourth Violation: $ 500 $1,000 $1,500, plus two-day suspension of license $2,000, plus a suspension of not less than 5 days nor more than 60 days or revocation as determined by the City Council. / These penalties are consistent with the penalties established in adjacent communities. By amending the ordinance, the City achieves the following: 1. Eliminates any subjectivity in determing an appropriate penalty by establishing a specific penalty based on the number of violations. 2. Gives the owner of the establishment where the violation occurs a timely confirmation of the extent of the penalty and details the appeal process. 3. Allows the Public Safety Department the ability to enforce the ordinance efficiently and effectively. This is true whether the penalty is monetary or the establishment's license is suspended. Attachments Ordinance Amendment CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 4.08, RELATING TO REVOCATION, SUSPENSION OR FINE, AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 4.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The City Code is amended by amending Section 4.08 in its entirety as follows: SECTION 4.08. REVOCATION, SUSPENSION OR FINE. Subd. 1. Violations and Penalties. Upon a finding that the holder of any license granted pursuant to this Chapter has (1) sold alcoholic beverages to another retail licensee for the purpose of res ale, (2) purchased alcoholic beverages from another retail licensee for the purpose of resale, (3) conducted or permitted the conduct of gambling on the licensed premises in violation of the law, or (4) failed to comply with any applicable statute, regulation or ordinance relating to an alcoholic beverage, the Council may revoke the license, suspend the license for a period not to exceed sixty (60) days, or impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions. The civil penalty and/or suspension and revocation imposed pursuant to this section shall be based on the licensee's total number of violations at the specific location, at which the violation occurred, within the preceding 24-month period as follows: First Violation: Second Violation: Third Violation: Fourth Violation: $ 500 $1,000 $1,500, plus two day suspension of license $2,000, plus a suspension of not less than 5 days nor more than 60 days or revocation as determined by the City Council. Payment of the civil penalty shall be made within 30 days of issuance of the citation referred to in Subdivision 2 hereof. A suspension for a Third Violation under this section shall be served for consecutive days starting on the first Monday following the later of the expiration of the time to request a hearing under Subd. 2, if a hearing is not requested, or, if a hearing has been timely requested, the date a decision is rendered pursuant to Subd. 2.d. that a violation occurred. A suspension for a Fourth Violation under this section shall be served in the manner and at such time as decided by the City Council. Subd.2. Notification, Hearing and Appeal. The following notification, hearing and appeals process will apply to violations ofthis Section. A. Notice. Upon discovery of a suspected violation ofthis Section, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violations and which shall inform the alleged violator of his or her right to be heard on the accusation. The person responsible for the violation must either pay the scheduled fine or request a hearing under Subd. 2.b. ofthis Section. Payment of the fine constitutes admission of the violation. B. Hearings. No suspension or revocation shall take effect until the license holder has been given an opportunity for a hearing before the hearing examiner, pursuant to Minnesota Statutes, Sections 14.57 -14.69 (1990). Unless a hearing is required as stated in the first Section of this Subparagraph, any person accused of violating this Section who desires a hearing must submit a request to the hearing examiner within fifteen (15) days after issuance of the citation. A hearing requested, or in the case of suspension or revocation, required, in accordance with this Section shall be scheduled by the hearing examiner for a date not to exceed forty-five (45) days from receipt of the request or in the case of suspension or revocation, within forty-five (45) days from the date of issuance of the citation. Notice of the hearing must be served in person or by mail on the person responsible for the violation at least fifteen (15) days in advance of the hearing, unless a shorter time is accepted by all parties. Such notice shall contain the time, place and issues involved, but ifby reason of the nature of the case, the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable, and opportunity shall be afforded to the holder of the license to present evidence and argument with respect thereto. C. Hearing Examiner. The City Council may designate the entire Council, a committee of the Council, a member thereof, or an employee ofthe Office of Administrative Hearings to serve as hearing examiner. D. Decision. If it is determined at a hearing that a violation of this Section occurred, that decision along with the reasons for finding a violation and the penalty to be imposed under this Section shall be recorded in writing, a copy of which shall be provided to the accused violator and the City Council if it is not the hearing examiner. In the case of a Fourth Violation if the City Council has designated someone other than the entire Council to serve as the hearing examiner, the hearing examiner's decision and recommendation for the penalty to be imposed shall be referred to the City Council. The City Council shall consider the recommendation of the hearing examiner and impose a penalty within thirty days of the Council's receipt of the decision. If it is determined at hearing that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted violator. E. Appeal. Appeal of any decision made by the hearing examiner shall be filed in Hennepin County District Court. Subd. 3. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Subd. 4. Late Payment. A late payment fee of 10% ofthe fine shall be assessed for each thirty- day period in which the fine remains unpaid after the due date. Subd. 5. Misdemeanor Prosecution. Nothing in this Section shall prohibit the City from seeking prosecution as a petty misdemeanor, misdemeanor or gross misdemeanor for any violation of this Section If the City elects to seek prosecution, an administrative penalty may also be imposed. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation"and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication.:. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the __ day of , 1999, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the __ day of , 1999. Kathleen Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the __ day of ________ , 1999. 5. CITY COUNCIL AGENDA SECTION: CITY MANAGERS REPORT SERVICE AREAlDIVISION: City Manager, Christopher Enger Requested Action Move to: NI A. Synopsis ITEM DESCRIPTION: The Government Finance Officers Association awards City with the Distinguished Budget Presentation Award for the 1999 budget document. DATE: November 2, 1999 ITEM NO. The Government Finance Officers Association has awarded the City of Eden Prairie with the Distinguished Budget Presentation Award for the 1999 Budget. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. Attachments / October 22, 1999 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue. Suite 800. Chicago. Illinois 60601 312/977-9700 • Fax: 312/977-4806 Mr. Donald R. Uram Community Development/Financial Svcs. Dir. City of Eden Prairie 8080 Mitchell Rd. Eden Prairie, Minnesota 55344 Dear Mr. Uram: A panel of independent reviewers has completed its examination of your budget document. We are pleased to "inform you that the panel has voted to award your budget document the Distinguished Budget Presentation Award for the current fiscal year. This award is the highest form of recognition in governmental budget- ing. Its attainment represents a significant achievement by your organization. The Distinguished Budget Presentation Award is valid for one year. To continue your participation in the program, it will be neces- sary to submit your next annual budget dOGument to GFOA within 90 days of the proposed budget's submission to the legislature or within 90 days of the budget's final adoption. Enclosed is an application form to facilitate a timely submission. This form should be submitted with four copies of your budget accompanied by the appropriate fee. Each program participant is provided with confidential comments and suggestions for possible improvements to the budget document. Your comments are enclosed. We urge you to carefully consider the suggestions offered by our reviewers as you prepare your next budget. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. Enclosed is a Certificate of Recognition for Budget Preparation for: Donald R. Uram, Community Development/Financial Svcs. Dir. ~ WASHINGTON OFFICE 1750 K Street. N.W.. Suite 650. Washington. DC 20006 202/429-2750 • Fax: 202/429-2755 Mr. Donald R. Uram October 22, 1999 Page: 2 Your award plaque will be mailed separately and should arrive within six weeks. A camera-ready reproduction of the award will be forwarded to you for inclusion in your next budget. If you do reproduce the camera-ready in your next budget, it should be accompanied by a statement indicating continued compliance with program criteria. The following standardized text should be used: The Government Finance Officers Association of the United States and Canada (GFOA) presented a Distinguished Budget Presentation Award to the City of Eden Prairie, Minnesota for its annual budget for the fiscal year beginning January 1, 1999. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. This award is valid for a period of one year only. We believe our current budget continues to conform to program requirements, and we are sUbmitting :h·t to GFOA to determine its eligibility for another award. In approximately four weeks, GFOA will mail a congratulatory letter to your designated executive official, accompanied by a press release. The Government Finance Officers Association encourages you to make arrangements for a formal presentation of the award. If you would like the award presented by a member of your state or provincial finance officers association, we can provide the name of a contact person for that group. We appreciate your participation in this program and we sincerely hope that your example will encourage others in their efforts to achieve and maintain excellence in governmental budgeting. If we can be of further assistance, please contact the Technical Services Center. S~.JJJLW Stephen J. Gauthier, Director Technical Services Center Enclosure F===""" n-=------------------- The Government Finance Officers Association of the United States and Canada presents this CERTIFICATE OF RECOGNITION FOR BUDGET PREPARATION to:" Donald R. Uram Community Development/Financial Svcs. Dir. City of Eden Prairie, Minnesota The Certificate of Recognition for BlUlget Preparation is presented by the Government Finance Officers Associalion to those individuals who have been instrumental in their government unit achieving a Distinguished Budget Presentation Award. The Distinguished BlUlget Presentation Award, which is the highest award in governmental blUlgeting, is presented to those government units whose budgets are judged to adhere to program standmds. Executive Director I#';-L~~ Date October 22, 1999 ~ CITY COUNCIL AGENDA SECTION: Reports of Director Parks and Recreation Services SERVICE AREAlDIVISION: Parks and Recreation ~ Robert A. Lambert Director Requested Action ITEM DESCRIPTION: Potential Expansion of Birch Island Park DATE: Nov. 2, 1999 ITEM NO: g.C.I, City staff requests the City Council authorize the Mayor to send a letter to the County Board requesting the County delay disposing of the 34 acres of county owned land east of Birch Island Park for two years. This amount of time would give the City an opportunity to explore possible grants that may assist the City in acquisition of this property. Background Hennepin County owns approximately 34 acres of land north of Birch Island Road and west of Edenvale Boulevard that is adjacent to the Twin Cities and Western Railroad, the existing eastern boundary of Birch Island Park. The Hennepin County Board has directed their staff to dispose of all excess county land, including this parcel of property. This property is made up of wetlands and forest land, and when added to adjacent City and County owned land make up over 100 acres of open space south of County Road 62. City staff believe that it would be a benefit to the City to protect this property as open space, if financially feasible. The City'S main concern would be to obtain some means to offset the future cost to improve Birch Island Road. The County is in the process of obtaining an appraisal on the property at this time and will provide that information to the City in about six weeks. As soon as that amount is known, staff will bring this item back to the City Council with a list of options for attempting to acquire funds to purchase the property from the County and offset the City's costs. Often these grant requests take a year or two to obtain; therefore, ifthe Council is of a mind to protect this property the first step would be to request the County to commit to delay disposing of the property for at least two years. BL:mdd H:Lambert\Birch Island Request I _8 lf2t:.I-I 1: !;:J (.r~ /U () {?/ft2t< I~ ili lSi -'17 <,..-: -Z' ...,;.- ~ f{ t.1J ell, ':-~ ~Jf3.1U~tJO~ £t lVlL.D Ll fG' c:s- HJH!,IrfrrS 5 •. 'S Aeil S tL06 .,.S pUtJ ~-. p~ /~ ~" • .1 ?:!.'''9''9I'L '-. ""~'YY .s-... ~ _. (,)1'""'-,fe. . ..-,,<> '" L-, dl< 8-1"r F< -( '<'<.- Camp Eden Wood Center (Glen Lake Children's Camp) National Register of HistoriC Places (The land Is owned by City of Eden Prairie) I'I.S' Av,S VA-rc.5 I I-/ Ii' i ; (.) ~:J • '3'M ~ - J ~.., property 10 Numbers for Hen. Co. parcels of concern (shaded) 0411622110004 0411622140001 0411622140005 ~1.~ci\ ~~1--'$ 1.$~~l\'O @ Picha Heritage ~ 6~m~. i ' •....• s' I --@ Picha " @ Picha Farm EP Heritage Sites (61) Heritage ~!U.16 ~s .;:£ r- ctS~ -10 cO Q)-a o C) ~-Ie) I o .#J I ~ QJ ~ I~ V V) I~ ~ .~ ~\.:. ~'\c \" ,~ \I) .. ~Vl ~ ~~ ~ ~ • il I.t) ," apPI{L=- ________ 1_--.-..... 1· -=~.L-I:r!! I HI 51] Henne~in County Owned Land between Birch Island & Indian Chief Roads, Eden Prairie. (boundaries are approximate) A variety of citizens and organizations are hoping to protect the area's scenic, recreational, environmental and historic assets. rt CITY COUNCIL AGENDA DATE: 1112/99 SECTION: Report of City Attorney SERVICE AREAlDIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety Policy Relating to Licenses for Communication Rob Reynolds Facilities, Authorization of Use of Letter-of-Intent City Attorney Roger Pauly and License Agreement for Commercial Communication Towers and Antennas Requested Action Move to: Synopsis Adopt policy relating to licenses for communication facilities; and Authorize the use of Letter-of-Intent and License Agreement; and Adopt the Resolution amending the Fee Resolution X 1/, H. The Telecommunication Ordinance was adopted in 1977. Applications for towers or antennas on City property have required detailed review by City staff. The proposed Letter-of-Intent with associated fees will offset the staffs time required to review these applications. This is consistent with other communities. Attachments Policy Relating to Licenses for Communication Facilities 1999 Letter of Intent 1999 License Agreement Form Resolution to Change the Fee Resolution I, CITY OF EDEN PRAIRIE POLICY RELATING TO LICENSES TO USE CITY PROPERTY FOR COMMUNICATIONS FACILITIES. A person ("Licensee") who desires a license to use City property for a Communications facility shall be subject to the following: Prior to the furnishing of information, or negotiation of the terms of a license or review of plans and drawings for a communications facility, on City Property, a Licensee shall deliver to City a Letter of Intent in the form of Exhibit A attached hereto with such minor changes and modifications as may be approved by the City Manager. City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, MN 55344 _, 1999 RE: Letter of Intent for Communications Facility Dear City Manager: 1. The undersigned (Licensee) desires to investigate and negotiate the feasibility of entering into a License Agreement with City the City of Eden Prairie ("City") for the installation of a Communications Facility ("Facility") on City Property described in Exhibit A attached hereto. 2. Licensee recognizes that in order for City to grant a license to Licensee, City Staff will expend time and effort in reviewing plans and drawings for the facility and to discuss, negotiate and finalize a License Agreement. 3. In order to compensate City for the expenditure of City Staff time, in connection with the investigation of the feasibility of the grant of a License by City. Licensee contemporaneously with the delivery of this letter to City has paid over to City a non-refundable amount of $ Neither such amount nor any part thereof will be refunded to Licensee even though a License is not granted to Licensee. 4. Licensee also recognizes that in connection with City'S review of Licensee's request for, and grant of a License Agreement it will incur attorneys' fees and costs, and may incur costs associated with City's employment of outside consultant's. 5. Licensee agrees that it will reimburse City for all costs incurred by it for attorneys' fees and costs as well as other outside consultants in connection with the review and granting of a license by City to Licensee. Licensee shall reimburse City for such costs irrespective of whether or not a License is ultimately granted to Licensee. Contemporaneously with the delivery of this letter to City, Licensee has deposited with City the sum of $ as security for payment of attorneys' and consultants' fees, recognizing that Licensee's obligation to reimburse City for such costs and expenses is not limited to the amount on deposit. 6. Licensee authorizes City to draw against the deposit not more frequently than at intervals of at least thirty (30) days upon written notice to Licensee that City will draw on or after days from the date of notice against the deposit an 3 ,------------------------------------------------- amount stated in the notice. The notice shall specifY the amounts drawn for attorneys' fees and costs and the amount for outside consultants' and costs if any. 7. Within days after the granting of a License by City to Licensee or notice by Licensee that it no longer wishes to pursue with City the granting by City of a "' License, City will refund any balance remaining in the deposit less amounts accrued for attorneys' fees and outside consultants' and their costs. If the amount remaining on deposit is insufficient to reimburse City for its attorneys' and consultants' fees and costs, Licensee will promptly upon receipt of an invoice reflecting such deficiency pay to City such amount. 8. Licensee understands that nothing contained herein or the undertaking by City of the review and investigation of Licensee's request for a License, constitutes the approval by City of a License to License. 9. Licensee further understands that in the event that a License is granted the License agreement will be substantially in the form of Exhibit A attached hereto and the amount of the annual fee for the License will be as follows: Sincerely, By ____________________ __ RAP/ak EP\Apt License\LcUcr of intent1699 LICENSE AGREEMENT This License Agreement, (or "Agreement") made this day of ____________ , 1999, between City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, a Minnesota municipal corporation, hereinafter referred to as "Grantor," and -----, _____________ , hereinafter referred to as .. Grantee. " RECITALS: A. Grantor is the owner of certain real property located in Hennepin County, State of Minnesota, and more particularly described in Exhibit A attached hereto (the "Land") on which is situated a (the "Tower"). The Land and the Tower are hereafter called the (the "Property"). B. Grantee desires a non-exclusive license to use portions of the Property, as described herein for the purpose of constructing, operating, and maintaining a communications facility ( "Facility") . NOW THEREFORE, the parties agree as follows: 1. Grant of License. Grantor grants to Grantee a license for the use of that part of the property for the period, uses, and consideration in accordance with all of the terms, covenants, conditions, and provisions contained herein. 2. Term. The term of the license granted hereby shall be for a period of five years, commencing on the day of ____ , 1998 (the "Term"). 3. Consideration. Grantee shall pay to Grantor the following: (a) Annual license fees in the following amounts: Year 1 Year 2 Year 3 Year 4 Year 5 $_-- Annual license fees shall be payable in equal annual installments commencing on or before the first day of the Term and or before the first day of each successive year -1- 5 during the Term and any Extended Term as provided hereafter. (b) Thirty and no/100 Dollars ,($30.00) per occurrence to Grantor to reimburse Grantor for its costs incurred by its personnel unlocking the door to the water Tower to enable Grantee's designee access to its facility. This amount shall be 'increased each year commencing after year one (1) by five percent (5%). (c) Upon notice from Grantor, Grantee shall promptly pay to Grantor all additional Grantor expenses incurred in maintaining the Property, including painting or other maintenance, that are caused by Grantee's occupancy of the Property. 4. Grantee's Use. Grantee may use the following parts of the Property for the following uses, and the construction, maintenance, repair and replacement of the following (all of which are hereafter referred to as the "Improvements"): (a) Not more than (_) cellular and link antennas and necessary connecting wave-guide and appurtenances on the Tower as more particularly described in Exhibit B attached hereto. (b) A structure consisting of approximately ___ square feet to be erected on the Property as described in Exhibit c attached hereto ("Equipment Structure") to house and contain Grantee's radio transmission, computer equipment and emergency battery and generator equipment. (c) Utility wires, cables, conduits and pipes underground and within that part of the Property described in Exhibit c attached hereto. (d) Right to ingress and egress 24 hours each day, seven (7) days a week, on foot or motor vehicle on and over that part of the Property from and to , as described in Exhibit C for the purpose of inspecting, maintaining and repairing its Facility and related equipment, provided however, Grantor shall have the right to require Grantee to exercise its right of ingress and egress on and over a different part of the Property or other Property as may be provided by or through Grantor. (e) A separately metered connection to the electric utility, which supplies electricity. All Improvements shall be at Grantee's expense and the Improvements, including antennas and equipment, shall be maintained in a reasonable condition and secured by Grantee. -2- Grantee shall ensure that its use of the Property is consistent with all local, state and federal laws, ordinances, and regulations. 5. Exclusive and Non-Exclusive License. Grantee's license to use those portions of Grantor's Property denominated on Exhibits Band C as "Exclusive" ("Exclusive Area") shall be for the sole and exclusive use of Grantee, subject to Grantor's right to use the Exclusive Area for its own communications facilities or other public purposes in the future, as well as for the purpose of maintenance of the Property and Grantor's equipment. Grantee's license to use all other portions of Grantor's Property shall be non-exclusive, and Grantor shall have the right to use its Property and to authorize others to do so as Grantor, in its sole discretion, may determine. In the event that the use of the Property by others to whom Grantor may hereafter authorize such use constitutes an unreaspnable or harmful interference with Grantee's use of the Property, or if Grantor utilizes any or all of the Exclusive Area, Grantee may give notice to Grantor of such interference. If the interference is not corrected within thirty (30) days after the giving of such notice, Grantee may terminate this agreement upon notice to Grantor. 6. utilities and Taxes. Grantee will be responsible for installation and payment of all utilities required by its use of the Property. Grantee shall pay personal property or real estate taxes levied against or upon the Improvements or the Property as a result of the Improvements or use of the Property by Grantee. Grantor will provide to Grantee a copy of any notice of taxes or special assessments imposed upon the Improvements or Property as a result of the Improvements or use of the Property by Grantee, which Grantor may receive from any taxing authority. Subject to any and all limitations imposed by law, Grantee may contest, at its own expense, any such taxes or assessments. 7 .. Maintenance. All costs for maintenance of the Property, that result from Grantee's use of the Property, shall be paid promptly to Grantor by Grantee upon Grantor's incurring the cost thereof. 8. OWnership of Improvements. During the term of this Agreement and any Extended Term, ownership of the Improvements will remain in the Grantee. Upon termination of this Agreement for any reason, including expiration of the Term or an Extended Term, the Improvements shall become the property of Grantor, except (a) the transmitting, receiving, antennae switching equipment and cabinets commonly associated with wireless telephone service, and (b) those as to which Grantor notifies Grantee of Grantor's desire to have removed. Grantee shall, not less than sixty (60) days from the termination of this -3- 1 Agreement or the effective date of notice, remove those Improvements required to be removed by Grantee and shall restore the Property from which they have been removed to its condition at the commencement of the Term. Contemporaneously with ~he delivery to Grantor of this Agreement executed by Grantee, Grantee has deposited S with Grantor. In the event Grantee fails to remove the Improvements required to be removed within the "time or times provided, Grantor may do so. Grantee shall reimburse Grantor for all costs incurred by Grantor to remove the Improvements and restore the Property. Grantor may draw from the deposit so much thereof as will reimburse Grantor for its costs. Any amount remaining will be refunded to Grantee. If the deposit is insufficient to cover Grantor's costs Grantee shall promptly pay to Grantor the deficiency. 9. Defense and Indemnification. (a) General. Grantee shall defend, indemnify and hold harmless Grantor and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, causes of action and liens, including reasonable attorneys' fees and other costs and expenses of litigation (i) which may be asserted against or incurred by Grantor or for which Grantor may be liable in the performance of this Agreement, except those which arise solely from the negligence or willful acts of Grantor or (ii) arising out of the installation, operation, use, maintenance, repair, removal, or presence of Grantee's Improvements on the Property. (b) Hazardous Materials. Without limiting the scope of Subparagraph 9 (a) above, Grantee will be solely responsible for and will defend, indemnify, and hold Grantor, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Property resulting from Grantee's use of Hazardous Materials. For purposes of this Agreement, "Hazardous Materials II shall mean: Any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic substance, pollutant, contaminant, or other similar term, by any federal, state or local environmental statute, regulation, order or ordinance presently in effect, including, without limitation, asbestos and petroleum products. (c) Grantee's Warranty. Grantee represents and warrants that its use of the Property will not generate and Grantee will not store or dispose of on the Property, nor -4- transport to or over the Property, any Hazardous Materials. The obligation of this Paragraph 9 shall survive the expiration or other termination of this License. 10. Insurance. (a) General Liability. Grantee shall maintain an occurrence form comprehensive general liability insurance coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual, independent contractors, and products/completed operations. Grantee shall maintain aforementioned comprehensive general liability coverage with limits of liability not less than $2,000,000 each occurrence; $2,000,000 personal and advertising injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverages afforded by the umbrella or excess policy are no less than the above stated limits. (b) Grantee Property Insurance. Grantee shall keep in force during the Term and any Extended Term a policy covering damages to its Facility at the Property. The amount of coverage shall be sufficient to replace the damaged Facility, loss of use and comply with any ordinance or law requirements. (c) Hazardous Materials Coverage. Grantee must carry sufficient coverage, to the reasonable satisfaction of the Grantor, for damage caused by Hazardous Materials. (d) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by the greater of the Consumer Price Index as calculated under Paragraph 2(a) or 25%. (e) Additional Insured -Certificate of Insurance. The Grantee shall provide, prior to occupancy of the Property, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A+ or better) by Best Insurance Guide, licensed to do business in the state of Minnesota, which includes all coverages required in this Paragraph 10. Grantee will name Grantor as an Additional Insured on the General Liability Policy. The Certificate(s) shall also provide the coverage may not be canceled, non-renewed; or -5- materially changed without thirty (30) days prior written notice to Grantor. 11. Temporary Interruptions of Service. When Grantor determines that continued operation of Grantee's Facility would cause or contribute to an immediate threat to the public (including maintenance and operating personnel) health and/or safety, Grantor may without prior notice to Grantee cause discontinuance of operation of Grantee's Facility or may order Grantee to discontinue its operation. Discontinuance of Grantee's operation shall include, but not be limited to shutting down the transmission of electromagnetic waves or impulses to or from the facility. Grantee shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If prior notice is not given to Grantee, Grantor shall notify Grantee as soon as possible after its action and give its reason for taking the action. Grantor shall not be liable to Grantee or any other party for any interruption in Grantee's service or interference with Grantee's operation of its Facility. If the discontinuance shall extend for a period greater than three days, either consecutively or cumulatively, Grantee shall have the right to terminate this Agreement within its sole discretion without any prior notice. Any rent paid by Grantee for any period of time after the date of termination shall be refunded to Grantor. 12. Interference with the Property. Grantee shall not interfere with Grantor's use of the Property (and others to whom Grantor has granted the use of the Property) and agrees to cease all such actions which unreasonably and materially interfere with Grantor's or other's use of the Property no later than three (3) business days after receipt of written notice of the interference from Grantor. If the interference cannot be eliminated within 30 days after Grantee has received written notice, either Grantor or Grantee may at its option terminate this Agreement immediately. 13. Interference with Communications. Grantee's use and operation of its Facility shall not interfere with the use and operation of other communication facilities of Grantor. If Grantee's Facility causes interference, Grantee shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Grantor's written notice of the interference, Grantee shall immediately cease operating its Facility and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has b~en eliminated. If the interference cannot be eliminated within 30 days after Grantee has received Grantor's written notice, Grantor may at its option terminate this Agreement immediately. -6- I() 14. Additional Covenants. Grantee shall (a) use natural gas or propane (and shall not use gasoline or diesel fuel) for energy to power an engine to operate a generator to be installed on the Property, if any (b) not use any process or method in the installation, maintenance or removal of any Improvement upon the Tower by means of welding, cutting tool or other device which could damage the Tower, including its interior and exterior paint or any equipment attached thereto, (c) protect the Improvements from damage or harm in the event of the repair or maintenance of the Tower or other facilities of Grantor, (d) not, without Grantor's consent, remove, cut or trim any trees or other vegetation on the Property, and (e) replace significant trees (as defined in Eden Prairie City Code) lost or reasonably anticipated to be lost as a result of construction of the Improvements upon the Property in accordance with the provisions of Eden Prairie City Code Section 11.55, Subd. 5. C. 9. 15. Default. The following shall constitute an event of default by Grantee ("Grantee's Default"): (a) Grantee's failure to make prompt payment of fees or other amounts due within fifteen (15) days after they become due. (b) Grantee's failure to comply with Grantee's obligations contained in Sections 5, 12, 13 and 14 of this Agreement. (c) Grantee's failure to observe or perform any other covenant or condition contained in this Agreement within 30 days after written notice to Grantee specifying such failure and requiring Grantee to remedy the same. (d) The adjudication of Grantee as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Grantee under the federal bankruptcy laws or any other applicable law or statute of the united States of America or any State thereof, or the appointment by such a court of a trustee or receiver or receivers of Grantee or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit in each case, the order or decree remains unstayed and in effect for ninety (90) days. (e) The filing by Grantee of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Grantee; or the filing by Grantee of a petition or answer seeking -7- JI reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Grantee of a petition to take advantage of any debtor's act. 16. Remedies. Upon Grantee's Default, Grantor shall be entitled to terminate this Agreement, seek specific performance, and/or seek damages. The exercise of one or more of such remedies by Grantor shall not be deemed an election or waiver of the right to exercise any other remedy. 17. No Duty to Repair. Grantor shall have no duty or obligation to maintain, repair, restore, replace or modify the Tower, the Land, or any of Grantor's facilities, fixtures~ personal property or improvements located thereon or therein. 18. Termination. In addition to Grantor's right to terminate this agreement pursuant to Section 16 hereof, Grantor shall have, and reserves, the right in its sole discretion to terminate this Agreement at any time if, in Grantor's sole judgment, Grantor shall: (a) conveyor transfer to another the Land or the Tower. (b) discontinue its use of the Tower. (c) if it determines, after consultation with a licensed structural engineer that the Tower is structurally unsound for use as a tower, for any reason including but not limited to considerations related to the age of the structure, damage to or destruction of all or part of the Tower or the Property from any source, or factors relating to the condition of the Property Upon termination of this Agreement pursuant to Grantor's or Grantee's right to terminate this Agreement as provided herein or upon expiration of the Term or any Extended Term, the parties obligations under this Agreement shall cease, except Grantee's obligations with respect to Sections 8 and 10 of this Agreement and to make payment of any amounts to which Grantor is enti tled at such time. Termination shall not relieve Grantee of any liability by way of damages to which Grantor may be entitled upon Grantee's default hereunder. 19. Limitation of Grantor's Liability. If Grantor terminates this License other than as of right as provided in this License, or Grantor causes interruption of the business of Grantee or for any other Grantor breach of this Lease, Grantor's liability for damages to Grantee shall be limited to the actual and direct costs of equipment removal, or repair and shall specifically exclude consequential damages, any recovery for -8- /~- value of the business of Grantee as a going concern, future expectation of profits, loss of business or profit or related damages to Grantee. 20. Condemnation. In the event the whole of the Property is taken by eminent domain, this License shall terminate as of the date title to the Property vests in the condemning authority. In event a portion of the Property is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under' the power of eminent domain, Grantee shall not be entitled to any portion of the reward paid for the taking and the Grantor shall receive full amount of such award. Grantee hereby expressly waives any right or claim to any portion thereof. Al though all damages, whether awarded as compensation for diminution in the value of the license or to the fee of the Property, shall belong to Grantor, Grantee shall have the right to claim and recover from the condemning authority, but not from Grantor, such compensation as may be separately awarded or recoverable by Grantee on account of any and all damage to Grantee's business and any costs or expenses incurred by Grantee in moving/removing its Improvements. 21. Additional Buildings. Grantee acknowledges that Grantor may permi t additional buildings to be constructed on the Property. At such time as this may occur, Grantee will permit said buildings to be placed immediately adjacent to Grantee's building, if any, and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Grantee and will not compromise the structural integrity of Grantee's building. 22. Extended Terms. Grantee shall have the right to extend this Agreement and the license for three (3) additional five (5) year terms ("Extended Terms") by giving Grantor written notice of its intention to do so at least six (6) months prior to the end of the Term or the then current Extended Term. The annual license fees for the Extended Terms are as follows: First Extended Year 6 Year 7 Year 8 Year 9 Year 10 Third Extended Year 16 Year 17 Term $ Term $ -9- /3 Second Extended Term Year 11 Year 12 Year 13 Year 14 Year 15 $_- Year 18 Year 19 Year 20 23. No Representation or warranty -Conditional Grant. Grantor makes no representation or warranty regarding the condition of its title to the Land or its right to grant to Grantee the license and Grantee's entering into this Agreement and use of the Land is subject to Grantee's own investigation and acceptance thereof "as is". 24. Entire Agreement. This Agreement contains all agreements, promises and understandings between Grantor and Grantee and no verbal or oral agreements, promises, or understandings shall or will be binding upon either Grantor or Grantee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless it is in writing and signed by the parties hereto. 25. Interoretation. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Minnesota. 26. Assignment. Grantee may not assign or otherwise transfer all or any part of its interest in this Agreement or in the improvements without the prior written consent of Grantor, which consent shall not be unreasonably delayed or withheld. 27. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Grantor by delivering it personally to the Manager of Grantee; or if it is directed to Grantee, by delivering it personally to Real Estate Department of Grantee; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Grantor: If to Grantee: with a copy to: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: City Manager -10- • Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 28. Recording of Memorandum. Grantor shall execute and Grantee shall be permitted to record at any time a memorandum of this Agreement. If this Agreement is terminated prior to the expiration of its term, Grantee shall record an appropriate instrument to clear the memorandum from the title to the Land. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. GRANTOR CITY OF EDEN PRAIRIE Date: ________________ , 1999 By: Its: Mayor By: Its: Manager Taxpayer ID #: 41-0855460 TENANT Date: ________________ , 1999 By: Its: By: Its: Taxpayer ID #: -11- ;6 .----------------------------------------------------------------- STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this __ _ day of I 1999 I by and I respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF --------) ) ss. COUNTY OF ------) The foregoing instrument was acknowledged before me this day of , 1999, by and ~~ ____________________ --, the and of Notary Public C:\wp51\rap\ep\police\standard licensell199 -12- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION AMENDING RESOLUTION NO. 98-213, REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES BE IT RESOLVED, that a new section, Section 2.47 TELECOMMUNICATIONS, be added to read as follows: 2.47 TELECOMMUNlCATIONS(Section 11.06) Commercial Wireless Communication towers andlor antennas Administrative fee (towers andlor antennas meeting code located on private property) Letter ofIntent Fees: (towers andlor antennas on City property) $250.00 Non-refundable fee $2,000.00 Deposit for legal/consultant costs $1,000.00 Additional funds may be required if the balance in the deposit account is inadequate to pay for all of the fees and costs incurrred by the City. Variances required for tower andlor antenna Site Plan Review required for tower andlor antenna See Com.Dev. Fees See Com.Dev. Fees ADOPTED, by the City Council of the City of Eden Prairie on this _ day of __ --c' 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk 11