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City Council - 12/21/1999
AGENDA EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM TUESDAY, DECEMBER 21, 1999 5:00- 6:55 PM, CITY CENTER HERITAGE ROOM II CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, 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, Asst. City Engineer Rod Rue, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS II. APPROVAL OF AGENDA III. DISCUSSION ON TH 101 —Jim Grube & Gene Dietz IV. DISCUSSION ON THE AMENDMENTS TO THE FEE RESOLUTION V. DISCUSSION ON THE CODE AMENDMENT REGARDING LICENSING VI. OTHER BUSINESS VII. COUNCIL FORUM A. HOCKEY ASSOCIATION REQUEST FOR A THIRD RINK—John Schmelzle VIII. ADJOURNMENT MEMORANDUM TO: Mayor and City Council THROUGH: Christopher M. Enger, City Manager FROM: Donald R. Uram, Finance Director Kathleen Schwankl, Senior Accounting Clerk DATE: December 13, 1999 SUBJECT: 2000 Resolution Regulating Fees and Charges for Business Licenses, Permits and Municipal Services All purposed changes in our Fee Resolution are summarized as follows: 2.2 CONTRACTORS: Deleted Multi-family & Commercial Annual License fee of $25.00. 2.4 DOGS: Male, Annual-fee was $6.00 ; raised to $7.00. Female, Annual-fee was $6.00 ; raised to $7.00. Boarding fee was $8.00 per day ; raised to $10.00. 2.5 DOG KENNELS: Commercial, Annual-fee was $50.00 ; raised to $55.00. Private, Annual-fee was $25.00 ; raised to $30.00. 2.9 GAS FITTERS: Deleted Annual Class A License Fee of$15.00. 2.11 HEATING &VENTILATING: Deleted Annual License Fee of $15.00. 2.13 MECHANICAL AMUSEMENT DEVICES: Deleted Annual Fee of$25.00. 2.14 PEDDLERS: Annual-Fee was $5.00 ; raised to $10.00. 2.16 PUBLIC SERVICES: Refuse & garbage collectors: 1st vehicle, Annual-fee was $30.00 ; raised to $50.00. Each add'l vehicle, Annual-fee was $15.00 ; raised to $25.00. 1 2.21 EXCAVATING & GRADING: (Chapter 70, U.B.C. 1986 & City Engineer's approval) ; changed to (Chapter 33, U.B.0 1997 & City Engineer's approval). PLAN CHECKING FEE: 101 to 1,000 cu.yds-fee was $25.00 ; raised to $37.00. 1,001 to 10,000 cu.yds-fee was $33.00 ; raised to $49.25. 10,001 to 100,000 cu.yds-fee was $33.00 for 1st 10,000 cu.yds plus $16.50 each add'l 10,000 cu.yds or fraction thereof ; raised to $49.25 for 1st 10,000 cu. yds, plus $24.50 each add'l 10,000 cu.yds or fraction thereof. 100,001 to 200,000 cu.yd.-fee was $181.50 1st 100,000 cu.yds,plus $10.50 for each add'l 10,000 cu.yds or fraction thereof; raised to $269.75 for 1st 100,000 cu. yds,plus $13.25 for each add'l 10,000 cu. yds or fraction thereof. 200,001 cu. yds or more-fee was $276.00 for 1st 200,000 cu. yds plus $5.00 for each add'l 10,000 cu. yds or fraction thereof ; raised to $402.25 for 1st 200,000 cu. yds, plus $7.25 for each add'l cu. yds or fraction thereof. GRADING PERMIT FEES: 101 to 1,000 cu.yds-fee was $25.00 for the 1st 100 cu.yds, plus $11.50 for each add'l or fraction thereof; raised to $37.00 for 1st 100 cu.yds, plus $17.50 for each add'l 100 cu.yds or fraction thereof. 1,001 to 10,000 cu.yds-fee was $128.50 for the 1st 1,000 cu.yds,plus $10.00 for each add'l 1,000 cu.yds or fraction thereof; raised to $194.50 for 1st 1,000 cu.yds, plus $14.50 for each add'l 1,000 cu.yds or fraction thereof 10,001 to 100,000 cu.yds-fee was $218.50 for 1st 10,000 cu.yds plus $43.50 for each add'l 10,000 cu.yds or fraction thereof; raised to $325.00 for 1st 10,000 cu. yds plus $66.00 for each add'l 10,000 cu.yds or fraction thereof. 100,001 or more-fee was $610.00 for 1st 100,000 cu. yds plus $24.00 for each add'l 10,000 cu. yds. or fraction thereof; raised to $919.00 for 1st 100,000 cu. yds. plus $36.50 for each add'l 10,000 cu. yds. or fraction thereof. Other Inspections and Fees: Inspections outside normal business hrs(min chg=2 hrs)-fee was $44.50/hr ; raised to $50.00. Reinspection fee assessed under provisions of Section 305 (g)-fee was $32.00 each ; Section 305 (g) changed to Section 108.8 ; fee raised to $50.00 each. Inspection for which no fee is specifically indicated(min chg= 1/2 hr)-fee was $32.00 per hour ; raised to $50.00 per hour. Add'l plan review required by changes, additions, or revisions to approved plans (min charge =1/2 hr) ; raised to $50.00 per hour 2 3 2.22 PERMIT FOR RIGHT-OF-WAY EXCAVATIONS: Mainline Utility & Telecommunication-fee was $15.50/100 L.F. ; raised to $16.00/100 L.F. Repair or Service Excavation: Turf area-fee was $21.00 ; raised to $21.50. Pavement Area-fee was $51.50 ; raised to $53.00. Residential Driveway-fee was $21.00 ; raised to $21.50. Commercial Driveway-fee was $51.50 ; raised to $53.00. 2.22A WEIGHT RESTRICTIONS: Truck overweight per trip-fee was $27.00 ; raised to $28.00. 2.37 CASH PARK FEES: Single Family unit-fee was $1850.00 ; raised to $1950.00. All other Residential-fee was $1850.00 per unit ; raised to $1950.00 per unit. Office, Commercial, Industrial-fee was $5500.00/acre ; raised to $5775.00/acre. 2.39 SYSTEM ACCESS CHARGES: C: Water: Residential-fee was $1690 per R.E.C. ; raised to $1940.00 per R.E.C. Industrial, Public, Office-fee was $2330 per Metro Sac ; raised to $2580 per Metro Sac. Commercial-fee was $2970 per Metro Sac ; raised to $3220 per Metro Sac. 2.40 USER CHARGES: H. Administration-fee was $10.00 flat charge ; raised to $40.00 flat charge. 2.41 WATER/SEWER CONNECTION FEE: Fee was $12,020 per singe unit ; raised to $12,380 per single unit. 2.42 FIRE HYDRANT USE/METER FOR CONSTRUCTION AND IRRIGATION: A. Permit-fee was $27.00 ; raised to $28.00. 3.3 ENGINEERING SERVICES TO LAND DEVELOPERS: Final Plat: Residential-fee was $43.50/unit(min$270.00) ; raised to $45/unit(min$280.00). Commercial, etc.-fee was $106 per acre (min$270.00) ; raised to $109 per acre (min$280.00). Admin Land Division-fee was $55.00 ; raised to $57.00. /�3 3.3 (cont) Street Signs: Street Name Sign(incl. Install w/12' post) 6"x6"-fee was $180.00 ; raised to $185.00. Street Name Sign(incl. Install w/12'post) 6"x9"-fee was $201.00 ; raised to $207.00. Street Name Sign(incl. Install w/12'post) 9"x9"-fee was $216.00 ; raised to $222.00. Temporary Street Name Sign(plus 15% surcharge for maintenance until until permanent signs in place)-fee was $134.00 ; raised to $138.00. Stop Sign(incl. brackets, install, no post) 30"x30"-fee was $110.00; raised to $113.00. Stop Sign(incl. brackets,install, with post) 30"x30"-fee was $130.00 ; raised to $134.00. No Outlet(incl. post& install) 24"x24"-fee was $100.00 ; raised to $103.00. 9 Button Delineator-Red(incl. post& install)-fee was $90.00 ; raised to $93.00. 9 Button Delineator-Red(incl. breakaway post& install)-fee was $110.00 ; raised to $113.00. Keep Right Symbol (incl. 9 button delin.-Yellow, no post)-fee was $110.00 ; raised to $113.00. Keep Right Symbol (incl. 9 button delin.-Yellow, install, post)-fee was $130.00; raised to $134.00. Keep Right Symbol (incl. 9 button delin.-Yellow, install &breakaway post)-fee was $150.00 ; raised to $154.00. Future Road Extension Advisory(incl. 2 posts & install)36"x30"-fee was $210.00 ; raised to $216.00. No Parking-Use for Turn-Around (incl. post& install)-fee was $113.00 ; raised to $116.00. Other-fee was $130.00 ; raised to $139.00. 3.31 PUBLIC RIGHT-OF-WAY OR EASEMENT VACATION FEE: Application fee-was $218.00 ; raised to $225.00. 3.6 SPECIAL ASSESSMENT SEARCHES: Non resident fee per parcel-was $13.00 ; raised to $15.00 per parcel for non-residents. 3.7 MAPS AND PRINTING: Small size (2'x3' or less) city maps-fee was $4.00 ; raised to $5.00. Large size city maps-fee was $8.00 ; raised to $9.00. 1/2 section overlay composites-fee was $10.00 ; raised to $11.00. Topography maps-fee was $5.00/sheet if topo map was purchased by other than City and with original purchaser permission ; raised to $9.00/sheet if topo map Purchased by other than City and with original purchasers permission. Added: CD ROM specifications fee of$20.00. 4 r 3.8 FALSE ALARM FEE: Four false alarms and up-fee was $75.00 ; raised to $100.00 for fourth false Alarm, $200.00 for fifth false alarm& $300.00 for each false alarm after 5, (6 and up). SECTION 4: RENTAL FEES, RATES AND CHARGES FOR CITY FACILITIES 4.1A COMMUNITY CENTER: A: Ice Arena: Prime time rates remain same but dates changed to Jan 1 to June 9 & Sept 1 thru Dec 31. B: Meeting Rooms: Group II, Room A-fee was $10/hr ; raised to $15/hr. Group III, Room A-fee was $15/hr; raised to $20/hr. Group II, Room B-fee was $10/hr ; raised to $15/hr. Group III, Room B-fee was $15/1r ; raised to $20/1r. Group II, Room C-fee was $15/hr ; raised to $20/hr. Group III, Room C-fee was $20/hr ; raised to $25/hr. C: Racquetball & Wallyball Courts: Group I, Racquetball-fee was $4/hr/person ; raised to $5/hr/person. Group II, Racquetball-fee was $4/hr/person ; raised to $5/hr/person. Group I, II & III, Wallyball-fee was $12/hr/court ; raised to $15/111-/court. D. Swimming Pool: Prime time rate-Jan 1 to Dec 31-fee was $52/111- ; raised to $55/hr. Non-prime time-Jan 1 to Dec 31-fee was $41.60/hr ; raised to $45/hr. Discount rate-Jan 1 to Dec 31-fee was $36.40/1r ; raised to $40/1r. SPECIAL POOL RATES: Lifeguard training-fee was $80/student ; raised to $95/student. Swim meets-fee was $52/hr ; raised to $55/hr. SENIOR CITIZENS, 62 OR OLDER: Discount for all individual Community Center recreation programs offered by the City of Eden Prairie-discount was 50% ; lowered to 25%. POLICY OF GROUP RATES AND LIABILITIES: a. Lock-in: Ice rental-fee was $50/hour(2 hr min) ; raised to $60/hour(2 hr min). Pool rental-fee was $35/hour(2 hr min)+ $10/hr per lifeguard required ; raised to $40/hr(2 hr min)+ $10/hr per lifeguard required. Racquetball courts (3)-fee was $30/hr(2 hr min) (each court$12/hr for individual use) ; raised to $40/hr(2 hr min) (each court$15/hr for individual use). Room Rental-Meeting Room A, B & C-fee was $100 (11 p.m.-5:30 a.m.) ; raised to $200 maximum(11 p.m.-5:30 a.m.). Individual Room Use, Room A&B-fee was $10/hr ; raised to $15/h11. Room C-fee was $15/hr ; raised to $20/hr. 5 a. Lock-in(cont) Added: Maximum use of pool is 200 participants at one time. Added: $100 deposit required(non refundable if canceled less than 10 days prior to lock-in date). EQUIPMENT RENTAL: TV/VCR Cabinet-fee was $10/use ; raised to $15/use. Flip Chart-fee was $3/chart/use ; raised to $10/chart/use. Overhead Projector-fee was $3/use ; raised to $15/use. Projector Screen-fee was $5/use ; raised to $10/use. 41.B OAK POINT POOL: A: Swimming Pool: Prime time rate-Jan 1 to Dec 31-fee was $52/hr ; raised to $55/hr. Non-prime time-Jan 1 to Dec 31-fee was $41.60/hr ; raised to $45/hr. Discount rate-Jan 1 to Dec 31-fee was $36.40/hr ; raised to $40/hr. Changed lifeguard requirements to read: Lifeguards must be added as follows at the rate of$10/hour. Small slide pool rental only, requires a minimum of 3 lifeguards. Large pool rental only, requires a minumum of 2 lifeguards. Rental of entire pool facility requires a minimum of 5 lifeguards. Additional lifeguards will be determined by management depending on group size and age. 4.2 SENIOR CENTER RENTAL : Room 201: Group I- No fee ; added fee of$15/hr plus bldg aide#1. Group II- fee was $15/hr plus bldg aide#1 ; raised to $20/hr plus bldg aide #1. Group III- fee was $20/hr plus bldg aide#1 ; raised to $35/hr plus bldg aide#1. Room 203: Group I- No fee ; added fee of$10/hr plus bldg aide#1. Group II- fee was $10/hr plus bldg aide#1 ; raised to $15/hr plus bldg aide#1. Group III- fee was $15/hr plus bldg aide#1 ; raised to $20/hr plus bldg aide#1. Room 209: Group I - No fee ; added fee of$10/hr plus bldg aide#1. Group II- fee was $10/hr plus bldg aide#1 ; raised to $15/hr plus bldg aide#1. Group III- fee was $15/hr plus bldg aide#1 ; raised to $20/hr plus bldg aide#1. 6 7 l 4.2 (cont) Community Room: Group I - No fee ; added fee of$25/hr plus bldg aide#2. Group II- fee was $25/hr plus bldg aide#2 ; raised to $35/hr plus bldg aide#2. Group III- fee was $35/hr plus bldg aide#2 ; raised to $45/hr plus bldg aide#2. Lounge: Group I - No fee ; added fee of$10/hr plus bldg aide#1. Group II - fee was $10/hr plus bldg aide#1 ; raised to $15/hr plus bldg aide#1. Group III- fee was $15/hr plus bldg aide#1 ; raised to $20/hr plus bldg aide#1. Kitchen: Group I - No fee ; added fee of$25/hr plus bldg aide#3. Group II - fee was $25/hr plus bldg aide ; raised to $30/hr plus bldg aide #3. Group III- fee was $30/hr plus bldg aide ; raised to $40/hr plus bldg aide#3. Bldg Aide: Added#3 - fee of$25 cleaning deposit. 4.3 BOAT& MARINA RENTAL FEE: Canoes-fee was $3.00 per half hour ; raised to $3.50. Rowboats-fee was $3.00 per half hour ; raised to $3.50. Paddleboats-fee was $3.00 per half hour ; raised to $3.50. Sailboats-fee was $3.00 per half hour ; raised to $3.50. 4.4 PARK FACILITIES RENTAL FEE: Deposit for all park facilities-fee was $50.00 ; raised to $200.00. 4.10 CITY CENTER MEETING ROOMS & COMMUNITY ROOM RENTAL: Heritage Room (one quarter): added * set-up charge. Group I- No fee ; added fee of$15/hr. Group II- fee was $15/hr ; raised to $25/hr. Group III-fee was $25/hr ; raised to $35/hr. Heritage Room(half): added ** set-up charge. Group I- No fee ; added fee of$25/hr. Group II- fee was $25/hr+2 hr min ; raised to $35/hr. Group III- fee was $35/hr+2 hr min ; raised to $45/hr. 7 Q 4.10 (cont). Heritage Room(whole): added *** set-up charge. Group I- No fee ; added fee of$40/hr. Group II- fee was $40/hr 1st 4 hrs & $25/hr each add'l hr ; raised to $50/hr. Group III- fee was $60/hr 1st 4 hrs & $25/hr each add'l hr ; raised to $75/hr. Training Room: added * set-up charge. Added maximum capacity 40. Group III- fee was $40/hr+4 hour min; changed to $40/hr. Prairie Room: Group I- No fee ; added fee of$10/hr. Group II- fee was $25/evening ; raised to $15/hr. Group III- fee was $15/hr ; raised to $20/hr. Council Chamber: Group II- fee was Restricted Use $60/hr- 4 hr min ; changed to Restricted use $60/hr. Group III- fee was Restricted use $75/hr-1st 4 hrs, $100/each add'l hr ; changed to Restricted Use $75/hr. Atrium Conference Room name change to Atrium I Conference Room. Group I- No fee ; added fee of$10/hr. Group II- fee was $25/evening ; raised to $15/hr. Group III- fee was $15/hr ; raised to $20/hr. North Conference Room name change to Atrium II Conference Room: Capacity change from 8 to 6. Group I- No fee ; added fee of$10/hr. Group II- fee was $25/evening ; raised to $15/hr. Group III- fee was $15/hr ; raised to $20/hr. Resource Room name change to Atrium III Conference Room: Capacity change from 8 to 10. Group I- No fee ; added fee of$10/hr. Group II- fee was $25/evening ; raised to $15/hr. Group III- fee was $15/hr ; raised to $20/hr. Lower Atrium: added - after 4:30-10:00 p.m, Monday thru Friday. Group I- No fee ; added fee of$25/hr. Group II- fee was $15/hr-4 hr min ; raised to $35/hr. Group II- fee was $25/hr-4 hr min ; raised to $45/hr. Set-up charges changed to read: Standard room set up is included in the fee. Additional set up charges will be incurred for special room arrangements: * $25 set up charge ** $50 set up charge *** $100 set up charge All Rooms must be vacated by 10:00 PM. � 8 MEMORANDUM TO: Mayor Harris and Councilmembers FROM: Kevin Schmieg, Director of Inspections DATE: December 17, 1999 SUBJECT: Code Changes to Chapter 5, Regarding Licensing It is staff's opinion that licensing as done by the city is of little practical benefit over what can be accomplished through registration. The registering of contractors instead of licensing will significantly simplify the process. General contractors doing residential projects are now required to have a state license. The state license with its controls and bonding provide a greater level of protection for homeowners than was ever achieved through the city's licensing efforts. The following is a summary of the code changes: Section 5.30 MECHANICAL AMUSEMENT DEVISES -Repeal Section 5.30 Section 5.33 BUILDING CONTRACTOR Amend Section 5.33 to require commercial building contractors to register with the City in lieu of receiving a license. Commercial contractors will no longer be required to present proof of liability insurance. A survey of 10 neighboring communities indicated that only one is licensing commercial contractors. Section 5.41 GASFITTER Amend Section 5.41 to require gas fitters to register with the City in lieu of receiving a license. Gas fitters will no longer be required to provide proof of insurance or post a bond. Contractors will be required to provide proof of competency. Section 5.42 WATER SOFTENER/WATER FILTERING EQUIPMENT INSTALLERS Amend Section 5.42 to require installers to register with the city in lieu of receiving a license. Contractors will no longer be required to provide a surety bond. Installers are required to be a State licensed Plumber. Section 5.43 HEATING &VENTILATION Amend Section 5.43 to require HVAC contractors to register with the city in lieu of receiving a license. Contractors will no longer be required to present proof of liability insurance or post a bond. Section 5.44 INDIVIDUAL SEWAGE SYSTEM INSTALLERS Amend Section 5.44 to require sewage system installers to register with the city in lieu of receiving a license. Installers will no longer be required to post a bond. Sewage system installers are required to be licensed by the State. MEMORANDUM To: Mayor and City Council From: Bob Lambert, Director Parks and Recreation Services Date: December 21, 1999 Subject: Hockey Association Request for a Third Rink REQUEST: At the December 21st Open Forum, representatives of the Hockey Association will be requesting the Council for direction on how to proceed with investigating the feasibility and options available to obtain a third indoor skating rink in this community. BACKGROUND: The Hockey Association requested the City Council to consider development of a third indoor ice arena in 1998. The City requested General Growth consider constructing a rink as a part of the Eden Prairie Shopping Center expansion. Over the last year and one half, General Growth has included an ice arena as part of that plan. However, recently General Growth indicated that their ice arena consultant has determined that it is not financially feasible to include an indoor ice arena as a private venture in a shopping center in Minnesota due to the number of other indoor rinks available and the cost being charged for indoor ice. ALTERNATIVES FOR CITY COUNCIL TO CONSIDER: A. Delay any action until after City Survey on Park and Open Space Needs. B. Request the Hockey Association and staff to meet with Lakeville staff and Hockey Association members to determine how that Association operates an arena without City funding assistance. C. The City Council could appoint a committee to investigate the feasibility and need, as well as the options for funding a third rink and report back to the City Council or the new Program Board depending on the City Council's direction. Recommend the committee to be made up of two Hockey Association representatives, two Figure Skating representatives, a Council representative, a Parks Commission representative, and a citizen at large. This seven-member committee would be assigned Hockey Association Request for a Third Rink December 21, 1999 Page 2 the task to evaluate the need, the financial feasibility, and options based on the need and feasibility. Determine the number of Hockey Association and Figure Skating participants over the last ten years compared to K-12 numbers over that same time period, as well as the number of hours rented over that same time period, then project the skaters and need for hours over the next ten years. Obtain a cost estimate for a third rink addition at the Community Center, as well as the need for parking. This would require some funding to pay for an architect to review the schematic plan and cost estimates of today's construction costs. (The Hockey Association may agree to pay for part of this cost.) Determine the number of hours that could be guaranteed to be sold to the Eden Prairie Hockey Association and the Eden Prairie Figure Skating Club, the amount of revenue from those hours and how large a revenue bond those funds would cover, as well as how much additional operation cost the City could expect by adding a third rink to the existing facilities. A bond consultant would require this information as a minimum. D. Take no action at this time. BL:mdd AGENDA HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, DECEMBER 21, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher, Ronald Case, Ross Thorfinnson, Jr., Nancy Tyra-Lukens, CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram,Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE HOUSING AND REDEVELOPMENT AUTHORITY MEETING TO ORDER III. ADOPT RESOLUTION APPROVING THE CONTRACT FOR REDEVELOP- MENT WITH THE HOUSING AND REDEVELOPMENT AUTHORITY AND THE EDEN PRAIRIE MALL, LLC. VI. ADJOURNMENT HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE: 12/21/99 SECTION: SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Dev. & Financial Eden Prairie Mall TIF Financing r Services -Don Uram Requested Action Move to: Adopt the HRA Resolution approving Contract for the Private Redevelopment by and between the Housing and Redevelopment Authority for the City of Eden Prairie and Eden Prairie Mall L.L.C. Synopsis The Eden Prairie Mall L.L.C. is requesting that the City issue a$10 million tax increment revenue note to provide financing for the redevelopment of the Eden Prairie Center. Repayment of the "pay as you go"note is expected to take 17 years based on the projected tax increments. If the note has not been repaid by this time, increments can be collected for up to 25 years,which is the maximum length of the district. The City does not have any financial obligation to repay this note. Authorizing the contract for the private redevelopment by and between the Housing and Redevelopment Authority for the City of Eden Prairie and the Eden Prairie Mall LLC will be the final step in the tax increment process for the redevelopment of the Eden Prairie Shopping Center. Background Information On December 17, 1996, the City Council approved the redevelopment plan for the Eden Prairie Center and created Tax Increment Financing District#13. TIF district#13 was created to provide financing for the redevelopment of the Eden Prairie Center. The initial TIF plan obligated the City to provide $15 million in TIF assistance over the life of the district anticipated to last 17 years. A key component of the original plan included a list of minimum improvements that needed to be made by General Growth for the City to provide financial assistance. These included: • A new Dayton's department store • Relocation of the existing Sears department store to a new building • An additional 285, 000 square feet to the existing shopping center • A new 16 screen movie theater and the relocation/remodeling of the food court with approximately 10 vendors and 700 seats • Two new full-service restaurants • An 80' x 180' ice rink with supporting facilities including approximately 500 seats • A 5,000 square foot space for use by the City including a tenant improvement allowance of $125,000. These improvements anticipated to be constructed from 1997-1999 would provide an estimated market value of approximately $94.3 million upon completion. Since the original approval, a number of things have happened that have caused the plans to change significantly. Initially, Dayton's was scheduled to be constructed but canceled their plans in 1997. To replace Dayton's and to provide the major department store component at the Center, General Growth Property's has secured a 160,000 square foot Von Maur department store. The other significant change is the elimination of the skating rink. After doing a feasibility analysis, General Growth decided that a skating rink would not be successful. Otherwise, the current plans are similar to the original development plans. At completion, the Center is estimated to have an increased market value from the current value of$26.4 million to $81.2 million. Because the plans have changed significantly, the City's TIF contribution has been reduced from $15 million to $10 million. All other terms of the note remain the same. Attachments Contract for Private Redevelopment CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. HRA 99-4 RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF A CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA AND EDEN PRAIRIE MALL L.L.C. BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") as follows: Section 1. Recitals. 1.01. It has been proposed that the Authority enter into a Contract For Private Redevelopment(the "Contract")with Eden Prairie Mall L.L.C. (the"Redeveloper"). Section 2. Findings. 2.01. The Authority hereby finds that it has approved and adopted a redevelopment plan known as the Redevelopment Plan for its Redevelopment Project No. 5 (the"Redevelopment Plan")pursuant to Minnesota Statutes, Section 469.001 et semc. 2.02. The Authority hereby finds that it has created and adopted and the City Council has approved Tax Increment Financing District No. 13 and the Authority and City Council have adopted and approved the Tax Increment Financing Plan relating thereto pursuant to Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended and supplemented from time to time. 2.03. The Authority hereby finds that the Contract promotes the objectives as outlined in its Redevelopment Plan. Section 3. Authorizations. 3.01. The Chairman and the Executive Director of the Authority (the "Officers") are hereby authorized to execute and deliver the Contract when the following condition is met: The Contract to be executed substantially conforms to the Contract presented to the Authority as of this date with such additions and modifications as those Officers may deem desirable or necessary as evidenced by the execution thereof. • Page 2 3.02. Upon execution and delivery of the Contract, the Officers and employees of the Authority are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the Authority to implement the Contract. PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA THIS 21ST DAY OF DECEMBER, 1999. CHAIRMAN ATTEST: EXECUTIVE DIRECTOR KRASS MONROE , P . A . ATTORNEYS AT L A W • James R.Casserly Email jamesc@krassmonroe.com www.kvassmonroe.com Direct Dial(612)885-1296 MEMORANDUM To: City of Eden Prairie Attn: Don Uram, Finance Director VIA MESSENGER From: James R. Casserly,Esq. Date: December 14, 1999 Re: Contract for Private Redevelopment By and Between the City of Eden Prairie and Eden Prairie Mall LLC Our File No. 9566-1 Enclosed please find the following: 1. An execution draft of the above Contract; 2. A Resolution authorizing its execution. Rick Rosow and I have extensively reviewed this Agreement and it should reflect the understanding of both the Redeveloper and the Authority. I will be in attendance at your Authority meeting on December 21, 1999 to respond to any questions or concerns. If anything further needs to be done,please contact me as soon as possible. Once again,thank you for all of your efforts in making this project possible. cc: General Growth Properties, Inc. Attn: William B. Moston , Sr. Development Director(w/o encl.) David R. Charles,Esq. (w/o encl.) G:\WPDATA\G\GGP\1\COR\URAM MEMO.DOC SUITE 1100 SOUTHPOINT OFFICE CENTER•1650 WEST 82ND STREET•BLOOMINGTON,MINNESOTA 55431-1447 TELEPHONE 612/885-5999•FACSIMILE 612/885-5969 EXECUTION COPY CONTRACT FOR PRIVATE REDEVELOPMENT By and Between the HOUSING AND REDEVELOPMENT AUTHORITY In and For the CITY OF EDEN PRAIRIE, MINNESOTA And EDEN PRAIRIE MALL L.L.C. This document was drafted by: Krass Monroe, P.A. Suite 1100 Southpoint Office Center 1650 West 82nd Street Minneapolis, MN 55431 James R. Casserly, Esq. 612/885-5999 G:\WPDATA\H\HOMART\1\DOC\COVER CLEAN 12-13-99.DOC TABLE OF CONTENTS Page ARTICLE I Definitions Section 1.1. Definitions 3 ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority 6 Section 2.2. Representations and Warranties by the Redeveloper 6 ARTICLE III Undertakings of Authority and Redeveloper Section 3.1. Reimbursement to Redeveloper for Site Improvement Costs 8 Section 3.2. Limitations on Undertaking of the City 8 Section 3.3. Conditions Precedent to Delivery of the Note 8 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements 10 Section 4.2. Completion of Construction 10 Section 4.3. Certificate of Completion 10 ARTICLE V Tax Increment Section 5.1. Tax Increment Certification 12 ARTICLE VI Prohibitions Against Assignment and Transfer. Indemnification Section 6.1. Prohibition Against Transfer of Property and Assignment of Agreement 13 Section 6.2. Release and Indemnification Covenants 14 ARTICLE VII Events of Default Section 7.1. Events of Default Defined 16 Section 7.2. Remedies on Default 17 Section 7.3. No Additional Waiver Implied by One Waiver 17 ARTICLE VIII Additional Provisions Section 8.1. Conflict of Interests 18 Section 8.2. Restrictions on Use 18 Section 8.3. No Third-Party Beneficiaries 18 Section 8.4. Titles of Articles and Sections 18 Section 8.5. Notices and Demands 18 Section 8.6. Counterparts 19 Section 8.7. Legal Opinions 19 Section 8.8. Binding Effect 20 Section 8.9. Severability 20 Section 8.10. Amendments and Modifications 20 Section 8.11. Estoppel Certificates 20 Section 8.12 No Warranty of Condition or Suitability 20 Section 8.13 Subordination 20 ARTICLE IX Termination of Agreement Section 9.1. Termination - General 21 Section 9.2. Termination - Specific 21 Section 9.3. Form 21 SIGNATURES 22 SCHEDULE A Description of Redevelopment Property 24 SCHEDULE B Opinion of Counsel 25 SCHEDULE C Certificate of Completion 27 SCHEDULE D Note 30 SCHEDULE E Minimum Improvements 35 SCHEDULE F Site Plan 37 SCHEDULE G Site Improvement Costs 38 G:\WPDATA\H\HOMART\1\DOC\HOM.TOC 12-13-99.DOC 9 CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made on or as of the day of , 199_, by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"), a political subdivision of the State of Minnesota organized under the Constitution and laws of the State of Minnesota, with its principal offices at 8080 Mitchell Road, Eden Prairie, Minnesota, 55344-2230, and Eden Prairie Mall L.L.C., a Delaware limited liability company with its principal office at 110 North Wacker Drive, Chicago, IL 60606(the "Redeveloper"). WITNESSETH; WHEREAS, the Board of Commissioners (the "Board") of the Authority has determined that there is a need for development and redevelopment within the corporate limits of the City to provide employment opportunities, to provide adequate housing in the City, including low/moderate income housing and housing for the elderly, to improve the tax base and to improve the general economy of the City and the State of Minnesota; and WHEREAS, in furtherance of these objectives, there has been established a Redevelopment Plan for Redevelopment Project No. 5 (the "Project Area") in the City of Eden Prairie (the "City") to encourage and provide opportunity for private development and redevelopment of certain property in the City which is not now in its highest and best use; WHEREAS, as of the date of this Agreement the Redevelopment Plan has been prepared and approved, and the Project Area has been established pursuant to Minnesota Statutes, Sections 469.001 through 469.047 ; WHEREAS, in connection with the Project Area, the City Council of the City has created Tax Increment Financing District No. 13 (the "Tax Increment District") pursuant to the Minnesota Tax Increment Financing Act contained in Minnesota Statutes, Sections 469.174 to 469.179; and WHEREAS, the major objectives in establishing the Project Area are to: 1. encourage the removal of blighted commercial sites and the construction of modern commercial facilities in their place; 2. promote and secure the prompt development or redevelopment of property in the Project Area in a manner consistent with the City's Comprehensive Plan and with minimal adverse impact on the environment, which property is currently less productive because of the lack of proper utilization and lack of investment, thus promoting and securing the development of other land in the City; 3. promote and secure additional employment opportunities within the Project Area and the City for residents of the City and the surrounding area, thereby improving living standards and preventing unemployment and the loss of skilled labor and other human resources in the City; 4. secure the increase of property subject to taxation by the City, the County, the school district and other taxing jurisdictions in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided by them; 5. promote the concentration of appropriate commercial development within the Project Area in order to maintain the area in a manner compatible with its accessibility and prominence in the City; 6. provide for the financing and construction for public improvements in and adjacent to the Project Area necessary for the orderly and beneficial redevelopment of the Project Area and adjacent areas of the City; 7. encourage local business expansion, improvement, and redevelopment, whenever possible; 8. create a desirable and unique character within the Project Area through quality land use alternatives and design quality in new or remodeled buildings; 9. encourage and provide maximum opportunity for private redevelopment of existing areas and structures which are compatible with the Project Area; and WHEREAS, in order to achieve the objectives of the Authority and the City in creating the Project Area and adopting the Redevelopment Plan the Authority is prepared to provide assistance in accordance with this Agreement. WHEREAS, the Authority believes that the development and redevelopment of the Project Area pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the development and redevelopment are being undertaken and assisted; NOW, THEREFORE, in consideration of the premises and the mutual obligation of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2 /1 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 21, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, 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 CITY COUNCIL MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS IV. MINUTES A. TRUTH-IN-TAXATION PUBLIC HEARING HELD MONDAY, DECEMBER 6, 1999 B. COUNCIL FORUM HELD TUESDAY,DECEMBER 7, 1999 C. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 7, 1999 V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BROWN ADDITION by Pemtom Land Company 2"a Reading for Planned Unit Development Concept Review on 23.87 acres, Planned Unit Development District Review with waivers 8.59 acres, Rezoning from Rural to R1-13.5 on 4.09 acres, Zoning District Amendment within the R1-13.5 Zoning District on 1.02 acres and the R1-9.5 Zoning District on .82 acres, Preliminary Plat on 23.87 acres into 13 lots and 2 outlots, and Musa Line addition of 1.65 acre. Location: East of Overland Trail and Frontier Place; North of Flying Cloud. (Ordinance for PUD District Review and Zoning Change) CITY COUNCIL AGENDA December 21, 1999 Page 2 C. 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. (Ordinance for Zoning Change, and Resolution for Site Plan Review) D. PICKLED PARROT & SW METRO by Pickled Parrot & SW Metro. 2nd Reading 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 1 outlot. Location: Technology Drive and Prairie Center Drive. (Ordinance for PUD District Review and Zoning Amendment and Resolution for Site Plan Review) E. SOUTHWEST STATION — PHASE II (PARKING DECK) by SW Metro. 2nd Reading for Planned Unit Development Concept Amendment on 22 acres of the Southwest Metro PUD, Planned Unit Development District Review with waivers on 10 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 8.5 acres, Zoning District Change from Rural to C-Reg-Ser on 1.5 acres, and Site Plan Review on 10 acres. Location: Technology Drive and Prairie Center. (Ordinance for PUD District Review, Zoning Amendment and Zoning Change and Resolution for Site Plan Review) F. RESOLUTION APPROVING FINAL PLAT OF BIG WOODS 4TH ADDITION G. RESOLUTION APPROVING FINAL PLAT OF SOUTHWEST STATION H. RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSE PERMITS AND MUNICIPAL SERVICES I. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5,RELATING TO LICENSING J. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 10,RELATING TO BUILDING CODE K. APPROVE DECLARATION OF RESTRICTIONS AND COVENANTS FOR REPLACEMENT AND EXISTING WETLANDS FOR ADC TELECOMMUNICATIONS,INC. L. AWARD CONTRACT FOR MAINTENANCE MATERIALS AND WATER TREATMENT CHEMICALS,I.C. 00-5502 (Resolution) M. RESOLUTION ACCEPTING LAND DONATION FROM BERG FAMILY CITY COUNCIL AGENDA December 21, 1999 Page 3 N. RESOLUTION ACCEPTING DONATION FROM ELAINE JACQUES O. RESOLUTION ACCEPTING A STATE GRANT FOR A BRYANT LAKE REGIONAL PARK TRAIL CONNECTION P. RESOLUTION AUTHORIZING APPLICATION FOR A STATE GRANT FOR BIRCH ISLAND PARK EXPANSION Q. RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, GIVING THE PROJECT PRELIMINARY APPROVAL SUBJECT TO A PUBLIC HEARING (ELIM SHORES) R APPROVE CIVIL FINES FOR VIOLATIONS TO CITY CODE SECTION 4.08, SELLING ALCOHOL TO MINORS VI. PUBLIC HEARINGS /MEETINGS A. HORNELAND ADDITION by Liv Homeland. Request for Planned Unit Development Concept Amendment on 1.32 acres to the Ridgewood PUD, Planned Unit Development District Review on 1.32 acres with waivers, Zoning District Amendment within the R1-13.5 Zoning District on 1.32 acres, and Preliminary Plat on 1.32 acres into 3 lots. Location: 8802 and 8804 Knollwood Drive. (Resolution for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment and Resolution for Preliminary Plat) B. VACATION 99-08: DRAINAGE AND UTILITY EASEMENT OVER • OUTLOT A, FARBER ADDITION (Resolution) VII. PAYMENT OF CLAIMS VIII. ORDINANCES AND RESOLUTIONS A. SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 5, RELATING TO LICENSING AND RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION B. SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 10, RELATING TO BUILDING CODE AND RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS CITY COUNCIL AGENDA December 21, 1999 Page 4 XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Resolution Certifying the 1999 Local Transit Services Tax Levy, Collectible in 2000 2. Resolution Certifying the 1999 Tax Levy, Collectible in 2000, and Adopting the 2000 General Budget C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION XIV. ADJOURNMENT TV . �r UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TRUTH-IN-TAXATION HEARING MONDAY,DECEMBER 6, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Financial Services Director Don Uram, Public Safety Services Director Jim Clark, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz,Management Services Director Natalie Swaggert, and Recording Secretary Peggy Rasmussen PLEGE OF ALLEGIANCE ROLL CALL I. CALL TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. Councilmember Thorfinnson was absent. II. PUBLIC HEARING A. OVERVIEW OF 2000-2001 PROPOSED BUDGET AND TAX LEVY Mayor Harris explained the purpose of the meeting, which was to present and discuss Eden Prairie's proposed 2000-2001 budget. By State mandate, the City must have a public hearing on its budget prior to adoption by the City Council. Enger said this is the first year the City has developed a two-year budget. He said under Eden Prairie's Strategic Plan, the City's Vision tells them where they are going, and the City's Values remind them what is important and guide their decisions. The City's Strategic Initiatives focus their efforts and tell them how to get there. The City's Plans and Goals tell them how to implement and measure their strategies. Enger reviewed the City's Strategic Initiatives. The City will match the 1999-2000 Strategic Plan to the 2000-2001 budget. Enger reviewed some of the accomplishments attained in 1999. The reorganization of Staff and the strategic planning process were completed, the City Boards and Commissions were realigned, the City Center was remodeled to TRUTH-IN-TAXATION HEARING MINUTES December 6, 1999 Page 2 support Staff organizational changes, and 1999 was promoted as the "Year of Celebration." Multi-year budgeting was implemented and the City's first balanced budget was brought to the City Council. A proposed revision to the special assessment policy was developed. An open house was held for the opening of the water treatment plant/environmental learning center. The first public meeting was held on improvements to Highway 101, the signalization of the intersection of Anderson Lakes Parkway and Mitchell Road was completed, and the interchanges at Prairie Center Drive/TH 5 and at TH169/I-494 were opened to traffic. A joint project with Super Valu and the Minnesota Department of Transportation to construct a High Occupancy Vehicle bypass was completed, and final project approval and a Finding Of No Significant Impact by the federal highway authority were received for the Pioneer Trail (County Road 1) project. New Public Safety technology was implemented in the form of mobile computer terminals, traffic enforcement contacts were increased, and the construction of Fire Station I was completed. A policy/process was developed for wireless communications, and a contract was negotiated for provision of a high-speed information network. Phase 1 was completed for renovation of playgrounds at Round Lake Park and Preserve Park. A $15,000 grant was obtained for park and trail development, and the Richard T. Anderson management/site plan was approved. Phase 1 of a creek corridors management plan was initiated with a Greenways Planning Grant. Development of the Eden Prairie Center is underway, with an 18-screen theater to open in the fall of 2000 and a Von Maur department store to open in 2001. Among major objectives for 2000 are to develop a personnel plan to maximize Staff resources and meet changing organization needs, to develop and implement a City-wide Communication Plan, and to implement new Financial/Payroll/ Human Resources software. Staff has been working on the Capital Improvement Program that reflects and integrates service area needs and guides capital expenditures. The City will actively participate in traffic demand management and a demonstration project in the Golden Triangle. The City will continue developing a design approval process for road projects and continue coordination of construction of Stages II and III of TH 212. Final adoption of a wetland protection management plan will be sought. Opportunities for a joint public safety training center will be explored. A false alarm reduction program will be implemented, and volunteer programs will be integrated with a traffic safety initiative. A Liquor Enterprise Business Plan will be completed and an ACH payment for utility services will be initiated. The City expects to use an electronic brainstorming technique for developing a comprehensive park plan through a town meeting type process. Touch-tone registration for community programs will be implemented. The City plans to upgrade facilities at Nesbitt Preserve Park, Lake Riley Park and Bryant Lake Park, and begin renovation of improved access and additional parking at Flying Cloud ballfields. Uram gave an explanation of the 2000-2001 budget. The objectives are to begin a multi-year budget cycle, coordinate the budget with the Strategic Plan, minimize tax impacts, comply with levy limits, ensure a balanced budget model, fund necessary services and staffing, and continue funding the Capital Improvements TRUTH-IN-TAXATION HEARING MINUTES December 6, 1999 Page 3 Program. Uram said the median-value of Eden Prairie homes is $186,000, which will see an average tax increase of 4.5 percent, or $152, on a total tax bill of $3,376. The Truth-In-Taxation notices did not reflect the school tax levy referendum that was passed in November, which resulted in the property tax increase. The distribution of property tax dollars on the median value home would be 44.5 percent to the Eden Prairie School District, 29 percent to Hennepin County, 19.2 percent to the City of Eden Prairie, 2.3 percent for Southwest Metro Transit, and 5 percent for other. The City tax increase in 2000 on a median value home is 2.31 percent. Seventy-five percent of the City's revenues are obtained from property taxes, 9 percent from licenses and fees, 8 percent from charges for services, 3 percent from intergovernmental revenue, 3 percent from other revenue sources and 2 percent from other financing sources. The City has projected the following revenue for the 2000 budget. Property Taxes $20,329,000 Licenses and Permits 2,379,000 Intergovernmental Revenue 761,000 Charges for Services 2,059,000 Other Revenue 1,042,000 Other Financing Sources 492,000 Total Revenues $27,062,000 The City spends 25 percent of its budget for Management Services (15 percent after wages and benefits are allocated to the various divisions), 23 percent for Public Safety, 14 percent for Public Works, 15 percent for Parks and Recreation, 8 percent for Community Development and Financial Services, 8 percent for debt reduction, 3 percent for the office of the City Manager, 2 percent for Equipment, and 2 percent is transferred to the CIP. General fund expenditures for the 2000 budget have been projected as follows: Office of the City Manager $ 738,000 Management Services 6,919,000 Community Develop. &Finance 2,194,000 Parks &Recreation Services 3,978,000 Public Safety Services 6,206,000 Public Works Services 3,742,000 Total Operations $23,777,000 Transfer to CIP 430,000 Vehicles and Equipment 659,000 Debt Service Funds 2,196,000 Total Expenditures $27,062,627 3 TRUTH-IN-TAXATION HEARING MINUTES December 6, 1999 Page 4 Mayor Harris inquired if additional dollars from the school levy referendum raised the tax on a median-value home $152. Uram said the total tax without the referendum would have gone down about $2. B. PUBLIC COMMENT AND DISCUSSION Mayor Harris asked if anyone wished to address the Council on the proposed City budget. No one did. III. CLOSE OR CONTINUE PUBLIC HEARING MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing. Motion carried 4-0. Mayor Harris said this budget will be formally adopted at the December 21 City Council meeting. IV. ADJOURNMENT MOTION: Tyra-Lukens moved, seconded by Butcher, to adjourn the meeting. Mayor Harris adjourned the meeting at 7:26 p.m. L•UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL FORUM TUESDAY,DECEMBER 7, 1999 6:30-7:00 P.M., CITY CENTER HERITAGE ROOM IV LOWER LEVEL CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case, Ross Thorfinnson Jr., and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Financial Services Director Don Uram, Public Safety Services Director Jim Clark, Parks & Recreation Services Director bob Lambert, Public Works Services Director Eugene Dietz, Management Services Director Natalie Swaggert, and Recording Secretary Peggy Rasmussen I. CALL MEETING TO ORDER—MAYOR JEAN HARRIS Mayor Harris called the meeting to order at 6:35 p.m. Councilmember Butcher was absent. II. STUART H. NOLAN TO ADDRESS COUNCIL REGARDING 1999 PERKINS SUBDIVISION Stuart Nolan referenced the signed developer's agreement between the City and Perkins. He listed the requirements in the agreement that have not been complied with, and which were supposed to be done before it was signed and filed, such as obtaining a private driveway easement. He asserted the plan being followed is not the plan the Council agreed to when they approved the project. It is being done piecemeal rather than as a package, houses are not being taken down and septic systems have not been abandoned. Some things are done in a manner not considering the sites as a whole, which he said will preclude other items from being done in the future. In addition, an individual has purchased one of the lots that don't yet conform to the developer's agreement. Then grading started a week ago,without a grading permit. Dick Seidenstricker, who lives on Willow Creek Road, said when he bought his property he was not expecting subdivisions to occur. He had asked the Council at the public hearing not to approve the Perkins subdivision but hoped to influence the discussion, and he was pleased with some conditions the Council put on the approval. He asked the Council to at least insist that the conditions that were put on the approval are upheld, so the neighborhood does not become compromised. Brian Duos, who lives on Willow Creek Road, said the issue that is paramount is the integrity of Bryant Lake. It is necessary to assure that the quality of the development's design does not impact the quality of the lake because of more intense use. He was distressed by what is happening with the septic system. He said more controls and checkpoints by the City Engineer are needed. COUNCIL FORUM MINUTES2 December 7, 1999 Page 2 Mayor Harris asked the Staff to respond to these concerns. Enger said the Staff is aware of all of these items. A copy of the letter from Mr. Nolan to Mayor Harris was sent to him, which he circulated to Staff, and he has asked for a report from each of them. Dietz said he learned that grading had started over the Thanksgiving weekend. He had the work stopped. A permit application for grading has been submitted, but action will not be taken on it until December 15, when the Watershed District will review it. In terms of the septic system, that is under the jurisdiction of the Building Department. The existing system will not be utilized, as it does not conform to standards. There is a possibility individual septic systems can be put on each of the lots,but no building permit will be issued prior to a septic system plan being developed for each lot. The developer's agreement states that a septic system plan was supposed to be in place before development of the plat. Probably if the department erred it was in signing the developers agreement without those things being done that the agreement states would be done prior to development of the plat. Dietz has discussed this with Ric Rosow, and he said some changes to the easement agreement should be requested. Staff has discussed these with Mr. Perkins, who agreed to the changes needed to the easement portion of the agreement. Dietz said everything would be done in accordance with the City's requirements. Pauly's recommendation was that no further permits be granted with regard to those lots until the provisions of the developer's agreement are complied with when they are supposed to be. Nolan said the Staff members he has talked with have been courteous and responsive to him, and he is not faulting them as individuals. Mayor Harris said Mr. Nolan's comments as submitted would be taken into consideration as this process moves forward. She expressed appreciation to Mr. Nolan for bringing them to Council's attention. Case said he was confident some resolution would be effected on this matter. However, he asked if this situation was atypical. Dietz responded the issues involved were atypical, but there were a chain of events that brought this situation about. He expressed confidence that all the details are now in hand. Tyra-Lukens said she was concerned about the statement that no further permits would be signed, but it appears no permits for grading were sought by the developer. Pauly responded Mr. Perkins has complied with the order to cease and desist from grading. The City's procedure where compliance cannot be obtained in a forthright manner is to cite the violator with a code violation, which is a misdemeanor, and sometimes a restraining order is needed. Tyra-Lukens asked if the Public Works Department would be coordinating all of these items in the developer's agreement. Dietz said the Building Department would coordinate the issuance of the building permit,but the grading plan will be handled by the Engineering Department. The Watershed District meeting is December 15, at which time COUNCIL FORUM MINUTES3 December 7, 1999 Page 3 the grading plan will be reviewed and, if it is approved, a grading permit would be issued. All this information has been relayed to Mr. Perkins. Nolan said the developer's agreement states all existing septic systems shall be removed before issuance of any grading permits. He wants to make certain that condition is met. Enger responded it is his responsibility to coordinate this with Staff The City is sensitive to this issue and he will have all appropriate Staff members involved. Staff will put extra effort into this matter to be certain to accomplish all the items in the developer's agreement. Nolan said without having seen a new septic plan that meets PCA rules for all three lots, he asked if the City would issue a grading permit for one lot without knowing if the septic plan will fit for all three lots. Dietz responded there will be one grading permit issued for all three lots. Nolan asked what types of changes could be made to the septic plan without coming back to the Council for approval. Dietz replied there was a lot of discussion at the Council meeting about whether two lots can share one septic system, so the provisions of the developer's agreement allow for use of one system for two lots. Since then, the installer has said he thinks it is possible to put a separate system on each of the three lots. The easement agreement has provision for a joint system for two lots but Staff will pursue one for each lot. Mayor Harris said the residents have assurances from the Staff that the components of the developer's agreement will be followed. III. ADJOURNMENT Mayor Harris adjourned the meeting at 7:00 p.m. 3 V- C. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,DECEMBER 7, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, 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 Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL /CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:05 p.m. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger added Item XII.B.1., Setting Dates for the Boards and Commissions Open House/Interviews. Butcher added Item XII.A.1., Report on FamiLink in Eden Prairie. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried 5-0. IV. MINUTES A. COUNCIL/STAFF WORKSHOP HELD TUESDAY,NOVEMBER 9, 1999 MOTION: Case moved, seconded by Thorfinnson, to approve the minutes of the Council/Staff Workshop held Tuesday, November 9, 1999, as published. Motion carried 5-0. B. COUNCIL/STAFF WORKSHOP HELD TUESDAY,NOVEMBER 16, 1999 Tyra-Lukens made corrections on page 4, under VI.A. The name "Jennie Johnson" should be changed to "Nicole Vagle", and "Oak Point Middle School" should be changed to "Oak Point Intermediate School." MOTION: Butcher moved, seconded by Case, to approve the minutes of the Council/Staff Workshop held Tuesday, November 16, 1999, as published and amended. Motion carried 5-0. CITY COUNCIL MINUTES December 7, 1999 Page 2 C. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 1999 MOTION: Thorfinnson moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday, November 16, 1999, as published. Motion carried 5-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CHRESTOMATHY II by Chrestomathy, Inc. 2nd Reading 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 No. 41-99 for Zoning District Change, and Resolution No. 99-218 for Site Plan Review) C. BLUFF COUNTRY VILLAGE EAST - COMMERCIAL by Hustad Land Company. 2nd Reading for Planned Unit Development Concept Review on 7.5 acres, Planned Unit Development District Review on 7.5 acres, Rezoning from Rural to Neighborhood Commercial on 7.5 acres, Site Plan Review on 7.5 acres, and Preliminary Plat on 7.5 acres into two lots and one outlot. Location: Pioneer Trail and Highway 169. (Ordinance No. 30-99-PUD-24-99-for PUD District Review and Zoning Change, and Resolution No. 99-219 for Site Plan Review) D. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 8.07 AND 9.05 RELATING TO FIRE REGULATIONS E. RESOLUTION NO. 99-220 DECLARING UNCLAIMED PROPERTY "ABANDONED PROPERTY" F. SUPPORT FOR PUBLIC SAFETY TRAINING CENTER G. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT NO. 91-10,LOTS 1 THROUGH 9,BLOCK 1,JAMESTOWN VILLAS H. AUTHORIZE EARLY UTILITY CONSTRUCTION FOR BROWN ADDITION Case questioned Item 19 for V.C. Bluff Country Village East — Commercial. He asked Enger if the Council had not previously approved the zoning change. Enger replied only the development concept stage was approved, which did not include rezoning the property, so these were referred back to the Planning Commission. The Planning Commission reviewed them and recommended rezoning, with a higher number of senior housing units. MOTION: Case moved, seconded by Thorfinnson, to approve Items A-H on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES December 7, 1999 Page 3 VI. PUBLIC HEARINGS /MEETINGS A. ANDREAS II by Andreas Properties II, LLC Request for Zoning District Amendment within the I-2 Zoning District on 2.74 acres, Site Plan Review on 2.74 acres, and Preliminary Plat on 2.74 acres into one lot. Location: 15180 Martin Drive. (Ordinance for Zoning District Amendment and Resolution No. 99-221 for Preliminary Plat) Enger said official notice of this public hearing was published on November 25, 1999, in the Eden Prairie News and sent to 25 property owners. Perry Ryan, Ryan Engineering, made the presentation. The project is for a 14,200 square foot industrial building, with future expansion of 5,500 square feet. The single-story building will be constructed of facebrick, stone and rockface block. A total of 24 parking stalls are proposed for the initial building construction, with proof of parking of 39 stalls. A low quality wetland is located in the southwest corner of the site. It is planned to significantly increase the wetland area, with a 25-foot buffer around the wetland, along with plantings, as requested in the Staff report. Also, as requested, the developer did increase some of the plantings to get screening behind the office portion of the building for the mechanical equipment. The landscaping plan includes tree plantings in the 104 caliper inches of landscaping material. Tyra-Lukens asked what company would be occupying this building. Ryan replied that has not been determined. Uram said the Planning Commission recommended approval of the project on a vote of 4-0, at its November 8, 1999 meeting, with the conditions outlined in the Staff Report. These conditions have been met. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Thorfinnson moved, seconded by Butcher, to close the public hearing; and approve 1st Reading of the Ordinance for Zoning District Amendment within the I-2 Zoning District on 2.74 acres; and adopt Resolution 99-221 for Preliminary Plat of 2.74 acres into one lot; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Discussion followed. Case said he believes it would be beneficial to inform the Council what the land is like on either side of the property being developed, in order to know if another system is impacted. In the future he recommended providing this information. Motion carried 5-0. CITY COUNCIL MINUTES December 7, 1999 Page 4 B. LINCOLN PARC APARTMENTS PROJECT by Governmental and Educational Assistance Corporation, Request to Adopt a Resolution Authorizing a Proposed Multifamily Housing Program and Issuance of Multifamily Housing Revenue Bonds to finance the cost of a proposed multifamily housing development under Minnesota Statutes, Chapter 462C, as amended, on behalf of Governmental and Educational Assistance Corporation, an Arkansas nonprofit corporation, or a nonprofit affiliate (the "Borrower"), consisting of the acquisition, construction and equipping of a 186-unit multifamily rental housing development to be owned by the Borrower and located at 8030 Eden Road in the City(Lincoln Parc Apartments). (Resolution No. 99-222) Enger said official notice of this public hearing was published on November 11, 1999, in the Eden Prairie News. The Council approved this multifamily housing program for the Project, designated as the "Program for Multifamily Housing Development under Minnesota Statutes, Chapter 462C, Lincoln Park Apartments Project" and the issuance of revenue bonds by the City in the approximate principal amount of$36 million to finance the costs. The City has been advised that the Original Borrower has been replaced by Governmental and Educational Assistance Corporation, and has prepared an "Amended Program for Multifamily Housing Development under Minnesota Statutes, Chapter 462C, Lincoln Parc Apartments Project." Enger said the City Council is requested to adopt a resolution approving the issuance of multifamily housing revenue bonds as requested in the amendment. Mayor Harris asked if anyone wished to address the Council concerning this proposal. No one did. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing and to adopt Resolution No. 99-222 authorizing a proposed multifamily housing program and issuance of multifamily housing revenue bonds (Lincoln Parc Apartments Project). Motion carried 5-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.40 & 11.70 REGARDING PLANNED UNIT DEVELOPMENT SIZE Enger said official notice of this public hearing was published on November 25, 1999, in the Eden Prairie News. The proposed ordinance change will eliminate the minimum lot size requirement for a Planned Unit Development (PUD). Current City Code requires a five-acre minimum lot size. The purpose of the code amendment is as follows: • Efficiency in the development review process will be enhanced by eliminating the need for the Board of Adjustment and Appeals review. A comprehensive review at the Planning Board will include any waivers associated with a development. CITY COUNCIL MINUTES December 7, 1999 Page 5 • Smaller subdivisions with environmental issues such as tree removal, steep slopes, or wetlands may develop more sensitively with a PUD waiver process. The Planning Commission voted 6-0 to recommend approval of the proposed ordinance change to the City Council at its November 22, 1999 meeting. Tyra-Lukens wondered why there ever was a minimum requirement for PUD. She asked if there was a down side to adopting this ordinance change. Enger said in the past the City may have been dealing with a large number of waivers in the planning process and with projects that involved larger land areas. The average size of a development project used to be more than 20 acres and now the average size is probably less than five acres. Operating under the Planning and Development process has been a very successful process for the City. Planned Unit Development allows a project to be reviewed against that guideline and to end up with a better project. Case offered a word of caution that this process not be used as a waiver trade-off. The bigger picture is beyond the two or three acres of a particular project. There would still be a number of acres around the project that may be developed and should be considered. Enger agreed this is a good point to keep in mind. Even though there would be no minimum size for the PUD, there would be a minimum size for depiction of the topography. Staff will continue to request more information from off-site, and will do this before the second reading. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Thorfinnson moved, seconded by Butcher, to close the public hearing; and approve 1st Reading of the Ordinance amending City Code Chapter 11, Section 11.40 entitled Planned Unit Development (PUD) Concept, and Section 11.70 entitled Sign Permit. Motion carried 5-0. 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, Case, Thorfinnson,Tyra-Lukens and Harris voting"aye." VIII. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE NO. 42-99 AMENDING CITY CODE SECTION 8.07 AND 9.05 RELATING TO FIRE REGULATIONS AND RESOLUTION NO. 99-223 APPROVING SUMMARY ORDINANCE FOR PUBLICATION 5 CITY COUNCIL MINUTES December 7, 1999 Page 6 Enger said the first reading was approved under Item V.D on the Consent Calendar. Section 8.07 is amending fire lane signage requirements to meet normally accepted standards and match requirements in the Minnesota Uniform Fire Code. Section 9.05 is adopting the most recent edition of the Minnesota Uniform Fire Code as amended in parts 7510.3510 to 7510.3710, Minnesota Rules 1998 and amends the City Code to provide the rules needed to provide an acceptable level of fire protection in the City. The request is for a second reading, and unanimous approval of the Council is needed. MOTION: Tyra-Lukens moved, Thorfinnson seconded, to approve the second reading of Ordinance No. 42-99 amending City Code Section 8.07 and Section 9.05 and adopt Resolution No. 99-223 approving Summary Ordinance for Publication. Motion carried 5-0. IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS XI. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report on FamiLink in Eden Prairie Butcher made a report on FamiLink Eden Prairie, one of the Boards on which she serves. FamiLink is a community resource that serves as a referral service to other organizations, such as PROP. The number of calls has increased steadily since it began operating. It is successful because there is only one number to call to get information and make the connection to obtain help. However, there are some families needing help who are not aware of FamiLink, and the director wondered if this would be a good time for her to get out into the community and talk to as many groups as possible. Also, some of the members of FamiLink are willing to help with this. They want to identify the major needs, prioritize them and find out if they can locate funds. The needs of the community have changed greatly over the past three years. With the influx of new immigrants there is a need for services for immigrants, such as classes in English as a second language, child care and help with connecting to employment. One initiative FamiLink has taken on is an immigrant service group that deals specifically with the needs of new immigrants. One of the primary calls FamiLink receives is for affordable housing, which is badly needed. Also, as Council approves more housing for seniors, those decisions result in the need for services to meet seniors' needs. For example, a member of the board of directors of 6 CITY COUNCIL MINUTES December 7, 1999 Page 7 Meals on Wheels said they are receiving more calls than ever as more seniors move into these housing units. Mayor Harris said it is interesting to hear about the secondary impact of decisions the Council has made recently. B. REPORT OF CITY MANAGER 1. Setting Dates for Boards and Commissions Open House/Interviews Enger asked the Councilmembers to select a Tuesday in January for the open house for members of Boards and Commissions, and another date for interviewing potential candidates to fill vacancies. Tuesday, January 25, 2000, was selected for the open house, and Tuesday, February 22, 2000, was selected for interviewing candidates. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Authorize Purchase Agreement with H. Dan Wright for the Sale of the Former Public Safety Building, 7900 Mitchell Road Uram said Staff is recommending that Council authorize the Mayor and City Manager to execute a purchase agreement for the former Public Safety building. H. Dan Wright will purchase the building and the rest of the property for $1.7 million and plans to construct a Wingate Inn hotel and restaurant on the property. The purchaser would be responsible for tearing down the building, but the City would be responsible for relocating the communication tower, which is expected to cost less than $500,000. Case asked how much the City would have left to put into the Capital Improvement Program. Uram replied the City's only expense is removing the tower, but there is approximately $300,000 left to pay on the Public Safety building. The balance could be transferred to the CIP. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to authorize the Mayor and City Manager to execute a purchase agreement and other documents necessary to complete the sale of the former Public Safety Building at 7900 Mitchell Road to H. Dan Wright. Motion carried 5-0. 7 CITY COUNCIL MINUTES December 7, 1999 Page 8 2. Extension of Closing Date for Lincoln Parc Apartments Uram explained that the City is selling property at Singletree Lane and Eden Road to Hartford Financial Services for the recently approved Lincoln Parc rental apartment project. The developer is requesting an extension of the closing date. The consideration paid by the developer for extending the closing date will be $15,000. Jack Brandt, President of Hartford Financial Services, said his company has been working on this project with Staff for the last few months. It incorporates an affordable housing component, TIF funding, etc., and so there are a variety of issues to bring together. He asked to have the closing date for the sale of the parcel extended from November 22, 1999 to December 31, 1999. This will allow the developer more time to obtain approvals for Housing Revenue Bonds financing. He believed the developer could start construction in the spring of 2000. MOTION: Butcher moved, seconded by Case, to approve the attached third amendment to the purchase agreement between the City of Eden Prairie and Hartford Financial Services for the sale of Lot 4, Block 1, to Eden Prairie Market Center. Motion carried 5-0. 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 Mayor Harris said Council Forum will be held the first and third Tuesdays of the month from 6:30-6:55 p.m. in Heritage Room II. This will be scheduled time following City Council workshops and immediately preceding regular City Council meetings. 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 adjournment. Mayor Harris adjourned the meeting at 7:45 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 21, 1999 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Clerk's License Application List V.A. &Financial Services/ Gretchen Laven These licenses have been approved by the department heads responsible for the licensed activity. 1999 Licenses Cigarette&Tobacco Products Con't Contractor Olympic Hills Golf Club PDQ Store#215 Premium Tobacco Architect Mechanical Inc Blizzard Air Inc Rainbow Foods Bloomington Heating & A/C Inc Shady Oak Amoco Creative Fireplaces Inc Smokers' Haven Soderlin Plumbing &Heating Snyder Drug#5054 Snyder Drug#5087 SuperAmerica#4159 SuperAmerica#4269 Year 2000 Renewals SuperAmerica#4441 TLC Cafe & Catering Cigarette & Tobacco Products Tom Thumb #269 Applebee's Neighborhood Grill/Bar Tom Thumb#275 4 Bearpath Golf& Country Club Total Bent Creek Golf Club Walgreens #2970 Wal-Mart Store#1855 Brunswick EP Lanes/Watertower Brewing Champps Americana Cub Foods On-Sale Wine with Strong Beer Doolittles Driskill's New Market Baker's Ribs Eden Prairie 66 #27531 Beijing Chinese Cuisine Eden Prairie Grocery/ 'lil red Cam Ranh Bay Restaurant Garden Court Gifts D'Amico & Sons Great Mandarin Restaurant Detello's Pizza&Pasta Green Mill of Eden Prairie Fuddruckers Jerry's s Foods Mister Q's Vietnamese Cuisine Mark's Aztec Amoco Mark's Eden Prairie Amoco On-Sale Club Mark's Hwy 5 Amoco Mobil Eden Prairie Lions Oasis Market#527 December 21, 1999 - 1 - Year 2000 renewals con't On-Sale Liquor Applebee's Neighborhood Grill/Bar Asia Grille Bearpath Golf& Country Club f; Bent Creek Golf Club Buca di Beppo Campiello Champps Americana Chevys Fresh Mex Courtyard By Marriott Don Pablo's Doolittles Great Mandarin Restaurant Green Mill of Eden Prairie Half Time Restaurant & Sports Bar Kabuki Restaurant Olympic Hills Golf Club Outback Steakhouse Stars Restaurant-Flagship Timber Lodge Steakhouse Watertower Brewing Co./Eden Prairie Lanes Woody's Shady Oak Grille 3.2 Beer On-Sale Cub Foods Jerry's Foods-Eden Prairie Lions Tap Inc PDQ Store#215 Rainbow Foods SuperAmerica#4159 SuperAmerica#4269 SuperAmerica#4441 Tom Thumb #269 Tom Thumb #275 3.2 Beer Off-Sale Cedar Hills Golf Park Davanni's Pizza&Hot Hoagies Residence Inn by Marriott - 2 - CITY COUNCIL AGENDA DATE: 12/21/99 SECTION: Consent Agenda SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Michael D. Franzen Brown Addition V Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change • Approve the Developer's Agreement for Brown Addition Synopsis This project is for a 13 lot single family development. The PUD concept shows future development of Lot 13 into 4 single family lots and 1 outlot. It is located east of Overland Trail at 9950 Dell Road. The Metropolitan Council approved the MUSA expansion. Item 11 of the Developer's Agreement explains the two acceptable options for the trail or sidewalk connection associated with this development. The attached memo from Bob Lambert describes the location of the recommended trail to be completed in the year 2000. Attachments 1. Ordinance for PUD District Review and Zoning District Change/Amendment 2. Brown Addition Trail Memo 3. Developer's Agreement BROWN ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 43-99-PUD-30-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District on 6.75 acres be placed in the R1-13.5 Zoning District, and amended within the R1-13.5 Zoning District on 1.02 acres and amended within the R1-9.5 Zoning District on .82 acres, and 43-99-PUD-30-99 (hereinafter "PUD-30-99-R1-13.5, R1-13.5 and R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 21, 1999, entered into between Settler's East Limited Partnership, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-30-99-R1-13.5 and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-30-99-R1-13.5, R1-13.5 and R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-30-99-R1-13.5, R1-13.5 and R1-9.5is 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-30-99-R1-13.5, R1-13.5 and R1-9.5 are justified bythe designof the development described therein. p D. PUD-30-99-R1-13.5, R1-13.5 and R1-9.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and amended within the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-30-99-R1-13.5, R1-13.5 and R1-9.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 21st day of December, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on Exhibit A Zoning Amendment within the R1 —13.5 Zoning District Lot 5 and 6, Block 2, Settlers Ridge 3rd Addition, according to the recorded plat there Hennepin County, Minnesota. Zoning Amendment within the R1 —9.5 Zoning District Lot 1 and 2, Block 3, Settlers Ridge 3rd Addition, according to the recorded plat there Hennepin County, Minnesota. Zoning Change from Rural to R1 — 13.5 Zoning District That part of Overland Trail, a publicly dedicated right-of-way per the plat of said Settlers Ridge 3rd Addition, which lies easterly of the northeasterly extension of the northwesterly line of said Lot 5, Block2, to the south line of said Lot 2, Block 3. Together with: That part of the East Half of the West Half of the Southeast Quarter of Section 30, Township 116, Range 22, Hennepin County, Minnesota, lying northerly of the Northerly right-of-way line of State Highway No. 169 and 212, and lying southerly of Riley Creek which lies easterly, northerly, westerly and southwesterly of the following described line: Beginning at the southeast corner of said Lot 6, Block 2, said lot corner being a point on the west line of said East Half of the West Half of the Southeast Quarter; thence South 00 degrees 40 minutes 09 seconds East, assuming the east line of said Lot 6 bears North 00 degrees 40 minutes 09 seconds West, a distance of 71.59 feet along said west line; thence North 89 degrees 19 minutes 51 seconds East, a distance of 300.91 feet; thence South 72 degre3es 04 minutes 21 seconds East, a distance of 166.13 feet; thence along a non- tangential curve, concave to the southeast, having a radius of 387.96 feet, an included angle of 23 degrees 22 minutes 06 seconds, an arc length of 158.23 feet and a chord bearing of North 32 degrees 20 minutes 48 seconds West; thence North 34 degrees 26 minutes 03 seconds West, not tangent to last described curve, a distance of 312.17 feet; thence North 70 degrees 43 minutes 30 seconds West, a distance of 45.49 feet; thence North 83 degrees 00 minutes 05 seconds West, a distance of 119.87 feet; thence South 89 degrees 59 minutes 12 seconds West, a distance of 108.94 feet; thence North 76 degrees 27 minutes 40 seconds West, a distance of 103.16 feet to said west line and there terminating. BROWN ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 43-99-PUD-30-99 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 east of Overland Trail and Frontier Place; north of Flying Cloud Drive from Rural Zoning District to the R1-13.5 Zoning District, and amending of land within the R1-13.5 and R1-9.5 Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) MEMORANDUM To: Mayor and City Council From: Bob Lambert, Director Parks and Natural Resources Date: December 21, 1999 Subject: Brown Addition Trail Requirement Recommendation Staff recommends approval of the second reading of the Brown Addition subject to acquisition of a trail easement over the Welter property from the Settlers Ridge boundary to Crestwood Terrace prior to final plat approval of the Brown Addition. Background As a condition of the approval of the first reading of the Brown Addition, the Council requested staff to obtain a satisfactory trail access from the Settlers Ridge Subdivision to either Dell Road or Crestwood Terrace to provide safe pedestrian access to the Crestwood Neighborhood Park, which serves Settlers Ridge. The developer of the Brown Addition and Settlers Ridge suggested two alternatives for staff to consider. The first alternative was a sidewalk and stairway system off the east end of the Brown Addition that would then require a trail easement from two additional property owners to connect to Dell Road. The second option was to obtain a trail easement from the Welter property, which would allow a trail connection from Settlers Ridge to Crestwood Terrace that will eventually provide access from Crestwood Terrace to the north end of Crestwood Park. Staff recently met with Nick Welter, owner of the property, and Dan Herbst, developer of Settlers Ridge and the Brown Addition, to view a trail alignment across the Welter property. This trail alignment is the preferred location for a trail that would provide relatively direct access from Settlers Ridge to the neighborhood park. Staff is recommending the City obtain a trail easement for this trail connection prior to final plat approval of the Brown Addition. When Mr. Welter decides to subdivide and plat his property, the City will then request either land in lieu of park fees or a conservation and trail easement from Mr. Welter in a configuration relatively close to the attached draft titled Concept Four Staff would be recommending construction of this trail concurrent with the construction of the trail connection to Settlers Ridge to be completed in the year 2000. The City will be responsible for construction of the trail on City land and City easement property. This trail will also require approval by the Watershed District for construction of a bridge crossing Riley Creek in this location. BL:mdd HALambert\Brown Addition Trail Requirements L+ • \\C\\ / \- . Zv \,,.%\:\ 7,‘< 45 ..,-- '� 1 .../."..., ( ) iny4 . .. .• O. .1 k\ 9 _ t $5 ��ip, p. \ ..i5' _ 1 64i N 4 .g,2;1v yam, ofi / \ N../� N 1 � = 1 �/ 1 \ ( r / I - -- t- 0 ` _ ; t I '` lihe.611 _ / � ' \� - \ \ ' / /'fi5J / /`tiM '�`0 \ \ J / ;d I / i 37 1 li \ \ � �\\ -.1‘f \ \s- J 1 ` 7 ____ \ 1 Ai' \\ \ ilik \ \ ill N \ \) \ N $fifers 7.cile. 111.';',Y Ptf-Acewt ' ■ DEVELOPER'S AGREEMENT BROWN ADDITION THIS AGREEMENT is entered into as of December 21, 1999, by Settlers East Limited Partnership, a Minnesota Partnership, 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 a Comprehensive Guide Plan Amendment for expansion of the MUSA line on 1.65 acres; Planned Unit Development Concept Review on 23.87; Planned Unit Development District Review on 8.59 acres; Rezoning from Rural to R1-13.5 on 4.09 acres; Zoning District Amendment within the R1-13.5 zoning district on 1.02 acres and the R1-9.5 zoning district on .82 acres;Preliminary Plat on 23.87 acres into 13 lots and 2 outlots, legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 99-187 for Guide Plan Change, Ordinance No. 99-185 for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District change from Rural to R1-13.5 and Zoning District Amendment within the R1-13.5 and R1-9.5 Zoning Districts,Resolution No. for Site Plan Review, and Resolution No. 99-186 for Preliminary Plat, Developer shall construct, develop and maintain the Property as follows: Standard Conditions: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated October 8, 1999,reviewed and approved by the City Council on October 19, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for private streets,public sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent of public construction value shall be paid to the City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 1 4. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property, a Certificate of Survey for such parcel shall be submitted for review and written approval by the Public Safety Service Area. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of sewer, water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. Engineered design for footing, foundation, and retaining walls. I. For Lots 3 —6 and 8 - 10, Block 1,houses will be designed with a roof drain system designed to take storm water runoff toward the storm sewer system within the proposed road as depicted on Exhibit B. J. For Lots 3 — 10, Block 1, houses are restricted from using non-permeable material in rear yards for decks,patios, walks, etc. K. A scenic conservation easement or restrictive covenant shall be recorded against proposed Lots 8— 10, Block 1, Brown Addition,beginning at a distancel0 feet from the edge of the burial mound as depicted on Exhibit B. This will preserve trees and burial mounds in rear yards. Said easement language is attached as part of Exhibit E. 5. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES, SLOPES,AND BURIAL MOUNDS ON THE PROPERTY: Prior to the release of a final plat for any portion of the Property, Developer shall submit a Conservation Easement for review and written approval by the Parks and Recreation Services Director, and the Heritage Preservation Specialist, for the area delineated on Exhibit B. Prior to the release of a final plat for any portion of the Property, Developer shall submit a signed Conservation Easement to the Parks and Recreation Services Director to be filed in 2 9 the Hennepin County Recorder's/Registrar of Titles' Office by the City after the final plat has been recorded. 6. PARK DEDICATION: Developer agrees that, prior to release of the final plat for the Property, Outlot B, Brown Addition, as depicted on Exhibit B, attached hereto, shall be dedicated to the City for park purposes in accordance with the terms and conditions of Exhibit C, attached hereto. 7. GRADING,DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The grading plan shall include grading for Lots 3-10, Block 1, concurrent with the street grading. The final grading and drainage plan shall include items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the stormwater drainage controls conform to the final grading plan. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved plan Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 8. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B,Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction 3 grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 9. PRIVATE DRIVEWAY: Prior to the release by the City of any building permit for the Property, Developer shall submit proof to the City Planner that a reciprocal,joint access and maintenance agreement for the shared driveway has been filed against the Property with the Hennepin County Recorder's/Registrar of Titles'Office in a form approved in writing by the City Planner. 10. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the R1-13.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 99-185: Waivers from a minimum front yard setback from 30 feet to 25 feet for Lots 2-11; a minimum lot size from 13,500 sq. ft. to 11,083 sq. ft. on Lot 4 and to 12,896 sq. ft. on Lot 5; and a minimum bluff setback from 30 feet to 20 feet for Lots 2-11. 11. SIDEWALK OR TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks or trails to be constructed on the Property or in association with the development. Developer shall convey access easements for such sidewalk or trails in such locations as determined by the Parks and Recreation Services Director. Developer shall obtain a 20 foot wide trail easement from the land owner of RLS No. 1410, Tract D prior to building permit issuance for City's trail construction. In the event that the Developer does not obtain a trail easement from the land owner of RLS No. 1410, Tract D, or receive written approval of detailed plans for trail construction from the Director of Parks and Recreational Services, Developer agrees to construct a sidewalk in the following location: A. A five-foot wide concrete sidewalk with an eight-foot easement to be located along the private street of the Brown Addition extending from Overland Trail to the end of the private street of the Brown Addition, and further extending the sidewalk and a 20 foot wide easement from the end of the private street of the Brown Addition to the southernmost property line of Outlot B. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 4 lI Developer shall use the easement agreement document attached as Exhibit G. 12. TREE LOSS-TREE REPLACEMENT: Tree loss related to development on the Property is calculated at 147 diameter inches. Tree replacement required is 126 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 126 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer shall complete implementation of the approved tree replacement plan prior to building permit issuance. 13. FUTURE DEVELOPMENT: Developer acknowledges that the City has approved development plans only for proposed Lots 1 — 12,Outlot A and B,Block 1, Brown Addition, as depicted in Exhibit B. Prior to any development or construction on proposed Lot 13, Block 1, Brown Addition, as depicted in Exhibit B, Developer shall be required to submit detailed development plans, and all other submittals required by the Eden Prairie City Code, and obtain approval of those plans and submittals by the Planning Commission and City Council. 14. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall 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. 15. CROSS ACCESS AND MAINTENANCE AGREEMENT: Prior to the release by the City of any final plat for the Property, Developer shall submit a signed cross access and maintenance agreement for the private street for the Property, the form of which must be reviewed by the City Engineer. This Agreement shall address joint vehicle access and emergency vehicle access. The private street shall be privately owned and maintained by the Developer or Owner. The Developer shall convey cross access to the purchaser of each lot in the subdivision. Prior to the issuance of any building permit for the Property, Developer shall submit to the City Engineer proof that the cross access and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 5 16. SPECIAL ASSESSMENT AGREEMENTS: Prior to release of a final plat for any portion of the Property, Owner agrees to sign an assessment agreement with the City for trunk sanitary sewer and water assessments for an assessable area of 3.56 acres at the per acre rate then in effect. An assessment agreement with the Owner of Lot 13, Block 1, Brown Addition, attached as Exhibit F, for the construction of an 8" watermain over the access driveway between the Property and Dell Road shall be signed prior to release of a final plat for any portion of the Property. 6 13 CITY COUNCIL AGENDA DATE: 12/21/99 SECTION: Consent Agenda SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Scott Kipp Scenic Heights Office Buildings Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District change; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Scenic Heights Office Buildings Synopsis This project is for two, single-story office buildings totaling 36,080 square feet located along Scenic Heights Road, west of the fire station. Attachments 1. Ordinance for Zoning Change 2. Resolution for Site Plan Review 3. Developer's Agreement F:\CITYWIDE\Comm.Dev\Projects\Active Files\Scenic Heights Office Building\CC 2nd Cover Sheet 12-21-99.doc SCENIC HEIGHTS OFFICE BUILDINGS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -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 Public District and be placed in the Office District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public District and shall be included hereafter in the Office District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 21, 1999, entered into between Peter Andrea Company, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of November, 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 21st day of December, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on A Exhibit A Scenic Heights Office Buildings Legal Description: That part of Section 16, Township 116, Range 22, Hennepin County, Minnesota described as follows: Commencing at a point on the South line of the Southwest Quarter (SW Y4) of the Northeast Quarter(NE 1/4) distant 1000 feet East from the Southwest corner thereof; thence North parallel with the West line thereof 640 feet; thence Northeasterly to a point in the East line of said Southwest Quarter(SW 1/4) of the Northeast Quarter(NE 1/4) 680 feet North from the Southeast corner thereof; thence South to said Southeast corner; thence West to the point of beginning, except roads. SCENIC HEIGHTS OFFICE BUILDINGS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Scenic Heights Road, west of the Fire Station from Public to Office on 4.06 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on (A full copy of the text of this Ordinance is available from City Clerk.) 171 SCENIC HEIGHTS OFFICE BUILDINGS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SCENIC HEIGHTS OFFICE BUILDINGS BY PETER ANDREA COMPANY WHEREAS, Peter Andrea Company, has applied for Site Plan approval of Scenic Heights Office Buildings on 4.06 acres for construction of two, single-story office buildings totaling 36,080 square feet; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 27, 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 November 16, 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 Peter Andrea Company, for the construction two, single-story office buildings totaling 36,080 square feet, based on plans dated November 8, 1999, between Peter Andrea Company and the City of Eden Prairie. ADOPTED by the City Council on December 21, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPER'S AGREEMENT SCENIC HEIGHTS OFFICE BUILDINGS THIS AGREEMENT is entered into as of December 21, 1999,by Peter Andrea Company, a Minnesota company,hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Church to Office on 4.06 acres, Zoning District Change from Public to Office on 4.06 acres, Site Plan Review on 4.06 acres, and Preliminary Plat of 4.06 acres into one lot, legally described on Exhibit A(the"Property"); NOW, THEREFORE,in consideration of the City adopting Resolution No. for Comprehensive Guide Plan Change, Ordinance No. for Zoning District Change, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated November 8, 1999, reviewed and approved by the City Council on November 16, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms,covenants, agreements, and conditions set forth in Exhibit C. 3. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved plan Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features,temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 4. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in Exhibit B. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer agrees to complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto,prior to issuance of any occupancy permit for the Property. 5. PRETREATMENT PONDS: Prior to release of the land alteration permit for the Property, Developer shall submit to the City Engineer and receive the City Engineer's written approval of plans and design information for all storm water quality facilities to be constructed on the Property. Developer shall complete implementation of the approved storm water quality facility plan prior to issuance of any occupancy permit for the Property. Prior to issuance of any certificate of occupancy for the Property, Developer shall provide to the City Engineer proof that the pond size has not diminished from the original design volume because of sedimentation, erosion or other causes, and that the pond has been restored to its original volume if the pond size has diminished. 6. UTILITY AND MAINTENANCE AGREEMENT: Prior to release of a final plat for any portion of the Property, the Developer shall enter into a utility and maintenance agreement with Dri-Steam, Inc., the owner of the adjacent property to the north on which existing storm sewer exists serving the Property. The Developer shall submit to the City Engineer a signed private utility and maintenance agreement for the use and maintenance of the storm sewer between the Developer and Dri-Steam, Inc. 7. ACCESS AGREEMENT WITH THE CITY: Prior to release of a final plat for any portion of the Property, the Developer shall enter into an access agreement with the City,the form and substance of which must be approved by the City Engineer. This Agreement shall address the rights of the City for vehicle access including ingress and egress through the Property. Prior to the release of a final plat for any portion of the Property,Developer shall submit to the City Engineer a signed access agreement to be recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office by the City after the final plat has been filed with Hennepin County. 8. TREE LOSS-TREE REPLACEMENT: There are 38 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 38 diameter inches. Tree replacement required is 50 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 50 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer agrees to complete implementation of the approved tree replacement plan prior to building permit issuance. 9. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on Exhibit B. Developer shall furnish to the City Planner and receive the City Planner's approval of a landscape bond equal to 150%of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer agrees to complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 10. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer agrees that the irrigation system shall be designed such that water is not directed on or over public sidewalks or trails. Developer agrees to complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 11. 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. 12. 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. 13. 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 Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 14. TRASH ENCLOSURE: Developer has submitted 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 plan prior to issuance of any occupancy permit for the Property. 15. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 16. 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 City. 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 permit on the Property,Developer will 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 of TDM Plan implementation,in the following manner: 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 of the expenses which the Developer has submitted as TDM implementation expenses then in such event Developer may also exchange for the then existing Letter of Credit, a new or amended Letter of Credit in an amount equal to the previous total, 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 17. SPECIAL ASSESSMENT AGREEMENT: Prior to release of a final plat for any portion of the Property,the Developer agrees to sign an assessment agreement with the City for trunk sewer and water assessments for an assessable acreage of 4.06 acres at the per acre rate then in effect. In addition, Developer agrees to pay connection fees for sanitary sewer based on 2.89 units of frontage at current rates prior to release of the final plat. 18. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection,review or approval by City. H) CITY COUNCIL AGENDA DATE: 12/21/99 SECTION: Consent Agenda SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram Michael Franzen Pickled Parrot & SW Metro • V, Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning amendment; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Pickled Parrot & SW Metro Synopsis This project is for a 12,000 square foot restaurant. Attachments 1. Ordinance for PUD District Review and Zoning Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement F:\CITYWIDE\Comm.Dev\Projects\Active Files\Pickled Parrot and SW Metro Plat\CC 2nd Cover Sheet 12-21-99.doc PICKLED PARROT & SW METRO CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 39-99-PUD-29-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the C-Reg-Ser Zoning District 39-99-PUD-29-99 (hereinafter "PUD-29-99-C-Reg-Ser). Section 3. The City Council hereby makes the following findings: A. PUD-29-99-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-29-99-C-Reg-Ser is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-29-99-C-Reg-Ser are justified by the design of the development described therein. D. PUD-29-99-C-Reg-Ser is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. E. PUD-29-99-C-Reg-Ser grants the following PUD waivers: A waiver from City Code is granted for lot size of 1.67 acres for Lot 2, Block 1, Research Addition, in the C-Reg-Ser Zoning District. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the C-Reg-Ser Zoning District and shall be included hereafter in the Planned Unit Development PUD-29-99-C-Reg-Ser, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 21 st day of December, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on 3 F/6\1R) PJ P p tSf ) T ZONING DESCRIPTION FOR PARCEL 3 That port of Tract A described below: Tract A. That part of the Northeast Quarter of the Northeast Quarter of Section 15, Township I 16 North, Range 22 West, Hennepin County, Minnesota, lying southerly of the southerly right of way line of Trunk Highway No. 212 as located end established prior to January I, 1995, northerly of the northerly right of way line of New Technology Drive and southwesterly of the southwesterly right—of—way line of Prairie Center Drive; which lies southerly of Line I described below and northerly of Line 2 described below: Line I. Beginning at Right of Way Boundary Corner B 16 as shown on Minnesota DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY PLAT NO. 27-28 os the same is on file and of record in the office of the County Recorder in and for said county; thence run easterly on an azimuth of 80 degrees 15 minutes 34 seconds along the boundary of said plat for 192.27 feet; thence on an azimuth of 60 degrees 07 minutes 43 seconds along the boundary of said plat for 94.15 feet; thence easterly 236.80 feet on a non tangential curve, concave to the north, having a radius of 3009.79 feet, delta angle of 04 degrees 30 minutes 28 seconds, and a chord azimuth of 77 degrees 52 minutes 50 seconds thence on an azimuth of 74 degrees 13 minutes 32 seconds for 36.01 feet; thence easterly 376.29 feet on a nontangential curve, concave to the south, having o radius of 1065.92 feet, delta angle of 20 degrees 13 minutes 36 seconds, and a chord azimuth of 92 degrees 20 minutes 49 seconds to a point hereinafter referred to as "Point A"; thence on an azimuth of 110 degrees 39 minutes 05 seconds for 197,09 feet; thence on an azimuth of 105 degrees 10 minutes 39 seconds for 99.58 feet; thence easterly 504.66 feet on a non tangential curve, concave to the north, having a radius of 620.87 feet, delta angle of 46 degrees 34 minutes 16 seconds, and a chord azimuth of 81 degrees 40 minutes 58 seconds; thence on an azimuth of 58 degrees 29 minutes 55 seconds for 122.22 feet; thence on an azimuth of 94 degrees 26 minutes 34 seconds for 160.72 feet; thence on an azimuth of 130 degrees 59 minutes 32 seconds for 320.08 feet; thence on an azimuth of 178 degrees 00 minutes 17 seconds for 140.28 feet to a point hereinafter referred to as "Point B" and there terminating; Line 2. Beginning at the point of termination of Line I described above; thence run southwesterly on an azimuth of 224 degrees 35 minutes 08 seconds for 270.57 feet; thence deflect to the right on a tangential curve having a radius of 436. 11 feet and a delta angle of 78 degrees 56 minutes 09 seconds for 600.82 feet; thence on an azimuth of 303 degrees 25 minutes 45 seconds for 238.26 feet; thence deflect to the left on a tangential curve having a radius of 564.30 feet and a delta angle of 53 degrees 09 minutes 17 seconds for 523.51 feet; thence on an azimuth of 250 degrees 17 minutes 29 seconds for 600 feet and there terminating. Described as beginning at the aforementioned "Point B"; thence southwesterly on an azimuth of 224 degrees 35 minutes 08 seconds for 270.57 feet; thence deflect to the right on a tangential curve having a radius of 436.11 feet and a delta angle of 26 degrees 52 minutes 45 seconds for 204.59 feet; thence northwesterly on an azimuth of 340 degrees 33 minutes 45 seconds a distance of 134.69 feet; thence on an azimuth of 0 degrees 00 minutes 00 seconds a distance of 173.04 feet; thence on an azimuth of 90 degrees 00 minutes 00 seconds a distance of 406.72 feet to the point of beginning. PICKLED PARROT & SW METRO CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 39-99-PUD-29-99 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 Technology Drive and Prairie Center Drive within the C-Reg-Ser District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) J�" PICKLED PARROT & SW METRO CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR PICKLED PARROT & SW METRO BY PICKLED PARROT & SW METRO WHEREAS, Pickled Parrot and SW Metro has applied for Site Plan approval of Pickled Parrot and SW Metro on 1.67 acres for construction of a 12,000 square foot restaurant, to be zoned in the C-Reg-Ser Zoning District on 1.67 acres by an Ordinance approved by the City Council on December 21, 1999; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 27, 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 October 19, 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 Pickled Parrot & SW Metro, for the construction of a 12,000 square foot restaurant, based on plans dated October 11, 1999,between Pickled Parrot& SW Metro, and the City of Eden Prairie. ADOPTED by the City Council on December 21, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Ponta, City Clerk (O DEVELOPER AGREEMENT PICKLED PARROT THIS AGREEMENT is entered into as of December 21, 1999, by Sherman and White Development, L.L.P., a Minnesota Limited Liability Partnership, 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 22 acres; Planned Unit Development District Review with waivers on 1.67 acres; Zoning District Change from Rural to 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, legally described on Exhibit A (the"Property"); NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer shall to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated October 11, 1999, reviewed and approved by the City Council on November 16, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms,covenants, agreements, and conditions set forth in Exhibit C. 3. CROSS ACCESS, CROSS PARKING,AND MAINTENANCE AGREEMENT: Prior to release of any final plat for any portion of the Property,Developer shall submit to the City Engineer and receive the City Engineer's written approval of a cross parking and maintenance agreement for the Property. The agreement shall address joint access, and maintenance of parking facilities and storm water facilities. Prior to the issuance of any building permit for the Property, Developer shall submit to the City Engineer proof that the cross parking and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 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. 7 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 of Exhibit C, attached hereto. 5. GRADING, DRAINAGE,AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved plan Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 6. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 7. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the f 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 of Exhibit C. 8.. 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 the City will not release the security provided until Developer completes all such corrective measures. 9. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the C-Regional Service District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD a. Offsite parking as shown on Exhibit B, attached hereto b. Front yard setback to parking from 35 feet to 17.5 feet as shown on Exhibit B, attached hereto. 10. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as depicted on Exhibit F, attached hereto. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 9 11. 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 Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 12. EDEN PRAIRIE MARKETCENTER DESIGN FRAMEWORK: Prior to building permit issuance for the Property, Developer shall submit to the City Planner and obtain the City Planner's written approval of detailed plans for implementing the Eden Prairie Marketcenter Design Framework for the Property consistent with the materials attached as Exhibit F. This includes the following: a) Decorative pedestrian lighting leading to the building from Technology Drive. b) Specialized concrete sidewalk along Technology Drive and Prairie Center Drive. c) Landscaping planters at site entrances. Developer agrees to complete implementation of the approved plans for the Marketcenter Design Framework in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property, subject to weather delays. 13. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall 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. CITY COUNCIL AGENDA DATE: 12/21/99 SECTION: Consent Agenda SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Donald R. Uram _ Michael Franzen Southwest Station—Phase II (Parking Deck) V, , Requested Action Move to: • Approve 2"a Reading of the Ordinance for PUD District Review and Zoning amendment; and • Adopt the Resolution for Site Plan Review; and • Approve the Developer's Agreement for Southwest Station—Phase II (Parking Deck) Synopsis This project is for a parking deck with 643 spaces and an overall concept for the Southwest Metro Station site. Attachments 1. Ordinance for PUD District Review and Zoning Amendment 2. Resolution for Site Plan Review 3. Developer's Agreement F:\CITYWIDE\Comm.Dev\Projects\Active Files\SW Station-Phase II(Parking Deck\CC 2nd Cover Sheet 12-21-99.doc SOUTHWEST STATION—PHASE II (PARKING DECK) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 44-99-PUD-31-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District on 1.5 acres be placed in the C-Reg-Ser Zoning District, and amended within the C-Reg-Ser Zoning District on 8.5 acres, 44-99-PUD-31-99 (hereinafter "PUD-31-99- C-Reg-Ser"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 21, 1999, entered into between Southwest Metro, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-31-99-C-Reg-Ser and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-31-99-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-31-99-C-Reg-Ser is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-31-99-C-Reg-Ser are justified by the design of the development described therein. D. PUD-31-99- C-Reg-Ser is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and amended within the C-Reg-Ser Zoning District and shall be included hereafter in the Planned Unit Development PUD-31-99-C-Reg-Ser and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 21st day of December, 1999. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on tf)w61-1-- 1-0t,-)-tor) Fo T.-7 71 5.--rt-t- ifot ZONING DESCRIPTION FOR PARCEL 2 That part of Tract A described below: Tract A. That port of the Northeast Quarter of the Northeast Quarter of Section 15, Township 116 North, Range 22 West, Hennepin County, Minnesota, lying southerly of the southerly right of way line of Trunk Highway No. 212 as located and established prior to January I, 1995, northerly of the northerly right of way line of New Technology Drive and southwesterly of the southwesterly right-of-way line of Prairie Center Drive; which lies southerly of Line I described below and northerly of Line 2 described below: Line I. Beginning at Right of Way Boundary Corner 816 as shown on Minnesota DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-28 as the same is on file and of record in the office of the County Recorder in and for said county, thence run easterly on on azimuth of 80 degrees 15 minutes 34 seconds along the boundary of said plat for 192.27 feet; thence on an azimuth of 60 degrees 07 minutes 43 seconds along the boundary of said plat for 94.15 feet; thence easterly 236.80 feet on a nontangential curve, concave to the north, having a radius of 3009.79 feet, delta angle of 04 degrees 30 minutes 28 seconds, and o chord azimuth of 77 degrees 52 minutes 50 seconds thence on an azimuth of 74 degrees 13 minutes 32 seconds for 36.01 feet; thence easterly 376.29 feet on a nontangential curve, concave to the south, having a radius of 1065.92 feet, delta angle of 20 degrees 13 minutes 36 seconds, and a chord azimuth of 92 degrees 20 minutes 49 seconds to a point hereinafter referred to as "Point A"; thence on on azimuth of 110 degrees 39 minutes 05 seconds for 197.09 feet; thence on on azimuth of 105 degrees 10 minutes 39 seconds for 99.58 feet; thence easterly 504.66 feet on a nontangential curve, concave to the north, having a radius of 620.87 feet, delta angle of 46 degrees 34 minutes 16 seconds, and a chord azimuth of 81 degrees 40 minutes 58 seconds; thence on an azimuth of 58 degrees 29 minutes 55 seconds for I 22.22 feet; thence on on azimuth of 94 degrees 26 minutes 34 seconds for 160.72 feet; thence on an azimuth of 130 degrees 59 minutes 32 seconds for 320.08 feet; thence on an azimuth of 178 degrees 00 minutes 17 seconds for 140.28 feet to a point hereinafter referred to as "Point 8" and there terminating; Line 2. Beginning at the point of termination of Line I described above; thence run southwesterly on on azimuth of 224 degrees 35 minutes 08 seconds for 270.57 feet; thence deflect to the right on a tangential curve having a radius of 436.11 feet and a delta angle of 78 degrees 56 minutes 09 seconds for 600.82 feet; thence on an azimuth of 303 degrees 25 minutes 45 seconds for 238.26 feet; thence deflect to the left on a tangential curve having a radius of 564.30 feet and a delta angle of 53 degrees 09 minutes 17 seconds for 523.51 feet; thence on an azimuth of 250 .degrees 17 minutes 29 seconds for 600 feet and there terminating. 9 Lying easterly of a line described as commencing at the aforementioned "Point B"; thence southwesterly on an azimuth of 224 degrees 35 minutes 08 seconds for 270.57 feet; thence deflect to the right on a tangential curve having a radius of 436.11 feet and a delta angle of 26 degrees 52 minutes 45 seconds for 204.59 feet; thence northwesterly on an azimuth of 340 degrees 33 minutes 45 seconds a distance of 134.69 feet to o point hereinafter referred to as "Point C", being the point of beginning of the line to be described; thence continuing on an azimuth of 340 degrees 33 minutes 45 seconds a distance of 469.83 feet to the aforementioned Line I and there terminating. And Lying westerly, northerly and westerly of a line described as beginning of the aforementioned "Point C"; thence on an azimuth of 0 degrees 00 minutes 00 second a distance of 173.04 feet; thence on an azimuth of 90 degrees 00 minutes 00 seconds a distance of 50.00 feet; thence on on azimuth of 0 degrees 00 minutes 00 seconds a distance of 358.72 feet to the aforementioned Line I and there terminating. SOUTHWEST STATION—PHASE II (PARKING DECK) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 44-99-PUD-31-99 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 Technology Drive and Prairie Center Drive within the C-Reg-Ser District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) SOUTHWEST STATION—PHASE II (PARKING DECK) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SOUTHWEST STATION—PHASE II (PARKING DECK) BY SW METRO WHEREAS, SW Metro has applied for Site Plan approval of Southwest Station— Phase II (Parking Deck) on 10 acres for construction of a parking deck with 643 spaces, to be zoned in the C-Reg-Ser Zoning District on 8.5 acres by an Ordinance approved by the City Council on December 21, 1999; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 25, 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 November 16, 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 SW Metro, for the construction of a a parking deck with 643 spaces, based on plans dated October 22, 1999, between SW Metro, and the City of Eden Prairie. ADOPTED by the City Council on December 21, 1999. Jean L. Harris, Mayor ATTEST: Kathleen A. Porta, City Clerk DEVELOPER'S AGREEMENT SW STATION—PHASE II (PARKING DECK) THIS AGREEMENT is entered into as of December 21, 1999,by Southwest Metro Transit Commission, a joint powers entity formed by the cities of Chaska, Chanhassen and Eden Prairie, 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 a Planned Unit Development Concept Amendment on 22 acres of the Southwest Metro PUD,Planned Unit Development District Review with waivers on 10 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 8.5 acres, Zoning District Change from Rural to C-Reg-Ser on 1.5 acres, and Site Plan Review on 10 acres, legally described on Exhibit A(the"Property"); NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Planned Unit Development Concept Amendment, Ordinance No. for Planned Unit Development District Review and Zoning District amendment within the C-Reg-Ser zoning district and zoning district change from Rural to C-Reg-Ser, and Resolution No. for Site Plan Review, Developer shall to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and dated October 22, 1999,reviewed and approved by the City Council on November 16, 1999, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms,covenants, agreements, and conditions set forth in Exhibit C. 3. 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 of Exhibit C, attached hereto. 4. GRADING, DRAINAGE, AND EROSION CONTROL PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in Exhibit B is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all water quality ponds, storm water detention areas and other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond conforms to the final grading plan. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved plan Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of an erosion control plan for the Property. The erosion control plan shall include all boundary erosion control features, temporary stockpile locations and turf restoration procedures: All site grading operations shall conform to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 5. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit 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 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 of Exhibit 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 the 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 Commercial regional Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. A waiver from the front yard setback of 35 feet to 0 feet for the parking deck along the north property line as showm on Exhibit B, attached hereto. B. Parking deck height from 40 feet to 76 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 on the grading plan in Exhibit B. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 10. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Parks and Recreational Services Director and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as depicted on Exhibit E, attached hereto. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 11. EDEN PRAIRIE MARKETCENTER DESIGN FRAMEWORK: Prior to building permit issuance for the Property, Developer shall submit to the City Planner and obtain the City Planner's written approval of detailed plans for implementing the Eden Prairie Marketcenter Design Framework for the Property consistent with the materials attached as Exhibit E. This includes the following: a) Decorative pedestrian lighting leading to the building from Technology Drive and along the west side of Prairie Center Drive from Technology Drive to the bridge. b) Specialized concrete sidewalk along Technology Drive and Prairie Center Drive. c) Landscaping planters at site entrances. Developer agrees to complete implementation of the approved plans for the Marketcenter Design Framework in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property, subject to weather delays. 12. CROSS ACCESS, PARKING, UTILITY, AND MAINTENANCE AGREEMENT: Prior to issuance of the first building permit for the Property, the Developer shall enter into a cross access, parking, utility, and maintenance agreement for the Property the form of which must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access, maintenance of sanitary sewer, water, storm sewer and parking facilities. Prior to the issuance of any building permit for the Property, Developer shall submit to the City Engineer proof that the cross access, parking, utility, and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. 13. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall 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. /0 CITY COUNCIL AGENDA DATE: December 21, 1999 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Engineering Final Plat Approval of The Big Woods 4th Randy Slick Addition Requested Action Move to: Adopt the resolution approving the final plat of The Big Woods 4th Addition. Synopsis This proposal.is a replat of Outlot A of The Big Woods 3rd Addition. Located south of proposed Scenic Heights Road and east of French Curve, the plat consists of 3.75 acres to be divided into five single family lots and right-of-way dedication for street purposes. Background Information The preliminary plat was approved by the City Council July 19, 1994. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on August 16, 1999. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$270.00 • Satisfaction of bonding requirements for the installation of public improvements • Execution of Special Assessment Agreement for Scenic Heights Road and trunk utility . improvements • The requirements as set forth in the Developer's Agreement • Receipt of Scenic and Conservation Fasement descriptions Attachment Drawing of final plat RS:ssa CITY OF EDEN PRAIRIE IEENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF THE BIG WOODS 4TH ADDITION WHEREAS, the plat of The Big Woods 4th 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 TILE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for The Big Woods 4th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 21, 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 December 21, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, Clerk f THE BIG WOODS 4TH ADDITION C.R. DOC. NO. i AIRI ILl_V r1L.+I rnCmo HEIGHTS 2 [,OA1' M7RTE _ ---566°06'11�W 640.75 --- - -_ — — — — a _ rases gar 1' 18 25 0 ES So 100 --7 �s.M n� r 1 I • I 3 % mu I x -/ ` _,, SCALE DI FEET C] ��+iy f 1 j n 1 l' V '; _r8.•, _ ra aroma FOR»u erAnoAc SYSTEM Is Aasoian I I I i g.. my 3 (' aam, t -u 7T1 C i i. I I I i 4 I_ ,ate,. -1 Ir -- 1 I 3 1\I �' \\ r 'WWI I _, ��� C� t' I I 1 \ �\ .��J I a ,*�» tea'' C7 Li ISM \C33.10 701a0t :sa.66 - 8 �*Se,\N. J 2 4I , 1 I N `' • _% 1 a-taros• $. I. \ i 1 gr I .... , C C) ,'7'9R J ..0 C, 112.za - C7 C 0 , %g I.8a''a' maw 1 °' \ 3 / C7 P5 1 I 1 ' C_7 S. Z g^o A I -) • f � I 0 ��;' 1 ,I s ii r- mLi IA . - -- 1 / / `? �` ( i I--` ` ` � � '&17 , O aaseaum NONUNDR / E. / X‘s<\ IJ DRAM=AND UTILITY NASINENTS ARM SHOWN ITRIR ' 1 I L _L_JL__I__ i` s sot`` t r 47 AO % * 3 SATHRE-BERGQUIST, INC. sacr�araa. r� A,��saLorrDNA OR= r°' .aus�omi�a wINDEar w man -o, v\1 a AA SNOW ar1S RAZ SHEET 2 OF 2 SHEETS • CITY COUNCIL AGENDA DATE: December 21, 1999 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works-Engineering Final Plat Approval of Southwest Station Randy Slick V (r• Requested Action Move to: Adopt the resolution approving the final plat of Southwest Station Synopsis This proposal, located in the northwest corner of Prairie Center Drive and Technology Drive. The plat consist of 22.0 acres to be divided into two lots and one outlot. Lot 1 is the proposed site for a 12,000 square foot restaurant, and Lot 2 will be developed at a later date. Background Information The preliminary plat was approved by the City Council October 19, 1999. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement will be completed on December 21, 1999. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$2,332.00 • The requirements as set forth in the Developer's Agreement • Prior to release of final plat Developer shall submit a cross-access, cross-parking and Maintenance Agreement. The Agreement shall address joint access, and maintenance of parking facilities and storm water facilities. • Revision of plat to include drainage and utility easement over existing westerly pond within Lot 1 • Completion of the valuation of underlying road right-of-way and drainage and utility easements Attachments Drawing of final plat RS:ssa 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF SOUTHWEST STATION WHEREAS,the plat of Southwest Station 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 Southwest Station is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 21, 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 December 21, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk v) SOUTHWEST STATION R.T. Doc. No. C.R. DOC. NO. 7- WE .TI.1 M E OF SEC I!.1119:115.N.)T ITM III y f �A( ,91 _ ems.. \ •♦•' .+>�/ SOUTHERLY RIGHT OF WAY UNE OF TRUNK NOIEIAY 212!HIGHWAY NO.S '' 1 •;'1 \\ 0� 0 AS LOCATED NO ESTAMSWD TOR TO.IANUANY I,Ip5 PER WMMESOTA ' b'�Oy / • OEPARTINNT OF 1MNSPOOTATKN NOIT OF WAY PUT NO 27-2a 9. C.BRGeSBr39'I I'E �� `;.. N- \ -, r�71 IAn; C.AZ..92.2".I Ivv IufA v r_ r„,, / `\ /\ `�� "r 771 vI v)A ,)l C�374.34 , lIELJl7rrl'I r / ♦.3 .4. p.20'13 36 / SS LOCATE RIGHT OF WAY UNE OF TRUNK HOMY 212 5 NOMAY NO.s _/ \ t• N j �1. 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SCALE IN FEET ecE UE OF WI/2 Of NEI/4 OF SEC.IS �,•I SE NOON OF WI/2 OE NE I/4 I�SEC IS M.I II.ROE 22 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 21, 1999 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and A Resolution Regulating Fees and Charges for Financial services Business Licenses, Permits and Municipal \ r I ' Don Uram, Director Services. V - C7 • Requested Action Move to: Adopt the Resolution Regulating Fees and Charges for Business Licenses, Permits and Municipal Services. Synopsis This resolution requires approval on an annual basis. Attachments Fee Resolution. HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie resolves as follows: INDEX SECTION 1 FEES,CHARGES AND RATES AUTHORIZED AND DEFINED SECTION 2 FEES,RATES AND CHARGES PURSUANT TO CITY CODE SECTION 3 OTHER FEES,RATES AND CHARGES SECTION 4 RENTAL FEES,RATES AND CHARGES FOR CITY FACILITIES SECTION 1. FEES,CHARGES AND RATES AUTHORIZED AND DEFINED The fees, charges and rates imposed for the purposes set forth in this Resolution for licenses, permits and municipal services shall, after adoption hereof,be in the amounts set forth in the following sections. SECTION 2. FEES,RATES AND CHARGES PURSUANT TO CITY CODE The following fees,rates and charges required to be fixed and determined by Resolution of the City Council pursuant to the City Code and for other licenses,permits and municipal services are hereby fixed,determined and adopted as hereinafter set forth. BUSINESS LICENSES: 2.1 CIGARETTES(Section 5.35) Annual $250.00 2.4 DOGS(Section 9.07) License: Male Annual $7.00 Female Annual $7.00 License fee is proratable by quarters. Impounding fees: $25.00- 1st offense/year $50.00-2nd offense/year $100.00-3rd offense/year Boarding fee: $ 10.00 per day Euthanasia fee: $ 15.00 1 A 2.5 DOG KENNELS(Section 5.60) Commercial Annual $55.00 Private Annual $30.00* *Includes three individual dog licenses and tags. An additional$6.00 for each dog over three dogs. 2.12 LIQUOR(Chapter 4) Non-intoxicating malt liquors Annual Application Fee: On-Sale $500.00 Off-Sale $ 100.00 Investigation Fee $500.00* Liquor On-Sale Annual $7500.00 Investigation fee $500.00* Liquor On-Sale-fraternal clubs Annual $ 100.00 Investigation fee $500.00* non fraternal clubs Annual-50%of annual on-sale fee Investigation fee $500.00* Liquor On-sale-wine Annual application fee $2000.00 Investigation fee $ 500.00* Sunday liquor Annual $ 200.00 Special Events Per Event $ 200.00 *An investigation fee not to exceed$500 shall be charged an applicant by the City if the investigation is conducted within the State, or the actual cost not to exceed$10,000 without prior written approval, if the investigation is required outside the State. 2.14 PEDDLERS(Section 5.37)Annual-evidence of State License $ 10.00 2.14A PAWN SHOPS(Section 5.71) Annual fee $10,000.00 Investigation fee $ 1,500.00* *An investigation fee not to exceed$1,500.00 shall be charged an applicant by the City if the investigation is conducted within the State,or the actual cost not to exceed$10,000 without prior written approval if the investigation is required outside the State. 2.15 PLUMBING LICENSES No fee-State Bond/Insurance required 2.16 PUBLIC SERVICES Refuse&garbage collectors(Section 5.36) 1st vehicle Annual $50.00 Each additional vehicle Annual $25.00 Scavengers(Section 5.34) Annual $10.00 2 3 2.16A COMMERCIAL FERTILIZER APPLICATOR'S LICENSE(Section 5.45) 1st vehicle Annual $50.00 Each additional vehicle Annual $25.00 2.17 WATER SOFTENING&FILTERING(Section 5.42)No fee-State License required 2.18 WELLS(Section 10.04) No fee-State License required 2.19 BUILDING PERMITS(Section 10.06) TOTAL VALUATION: FEE: 1.00 to$500.00 $23.50 501.00 to$2,000.00 $23.50 first$500.00 plus$3.05 each additional$100.00 or fraction thereof, to and including$2000. 2,001.00 to$25,000.00 $69.25 first$2,000.00 plus$14.00 each additional$1,000.00 or fraction thereof, to and including$25,000. $25001.00 to$50,000.00 $391.75 first$25,000.00 plus$10.10 each additional$1,000.00 or fraction thereof, to and including$50,000. $50,001.00 to$100,000.00 $643.75 first$50,000.00 plus$7.00 each additional$1,000.00 or fraction thereof, to and including$100,000. $100,001.00 to$500,000.00 $993.75 first$100,000.00 plus$5.60 each additional$1,000.00 or fraction thereof, to and including$500,000. $500,001.00 to$1,000.000.00 $3233.75 first$500,000.00 plus$4.75 each additional$1,000.00 or fraction thereof, to and including$1,000,000. $1,000,001.00&up $5608.75 first$1,000,000.00 plus$3.65 each additional$1,000.00 or fraction thereof. OTHER INSPECTIONS AND FEES: Plan checking fee shall be 65%of the building permit fee if valuation is greater than$10,000. Reinspection Fee $47.00 per hour. 2.20 DEMOLISHING OR RAZING BUILDINGS(Section 10.05) $25.00 2.21 EXCAVATION&GRADING (Chapter 33,U.B.C. 1997&City Engineer's approval) PLAN CHECKING FEE: FEE: 101 to 1,000 cubic yards $37.00 1,001 to 10,000 cubic yards $49.25 10,001 to 100,000 cubic yards $49.25 for first 10,000 cubic yards, plus$24.50 for each additional 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards $269.75 for the first 100,000 cubic yards,plus$13.25 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more $402.25 for the first 200,000 cubic yards,plus$7.25 for each additional 10,000 cubic yards or fraction thereof. Other Inspections and Fees: Additional plan review required by changes,additions or revisions to approve plans: (minimum charge=one half hour)-$30.00 per hour. GRADING PERMIT FEES: FEE: 101 to 1,000 cubic yards $37.00 for the first 100 cubic yards plus$17.50 for each additional 100 cubic yards or fraction thereof. 1,001 to 10,000 cubic yards $194.50 for the first 1,000 cubic yards plus$14.50 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards $325.00 for the first 10,000 cubic yards plus$66.00 for each additional 10,000 cubic yards or fraction thereof 100,001 or more $919.00 for the first 100,000 cubic yards plus$36.50 for each additional 10,000 cubic yards or fraction thereof Other Inspections and Fees: Inspections outside of normal business hours $50.00 per hour* (minimum charge=2 hours) Reinspection fee assessed under provisions of $50.00 each Section 108.8 4 c 2.21 (cont.) Inspection for which no fee is specifically $50.00 per hour* indicated(minimum charge=one-half hour) Additional plan review required by changes, $50.00 per hour* additions,or revisions to approved plans (minimum charge-one-half hour) *or the total hourly cost to the jurisdiction,whichever is the greatest. This cost shall include supervision,overhead,equipment,hourly wages and fringe benefits of the employees involved. 2.22 PERMIT FOR RIGHT-OF-WAY EXCAVATIONS(Section 6.07) Mainline Utility and Telecommunication Installations $16.00/100 L.F. Repair or Service Excavation Turf Area $21.50 Pavement Area $53.00 Residential Driveway $21.50 Commercial Driveway $53.00 All other Excavations Turf Area $21.00 Pavement Area $51.50 2.22A WEIGHT RESTRICTIONS(Section 6.08) Truck overweight permit fee Per Trip $28.00 2.23 FIRE PREVENTION PERMITS(Section 9.05) Special Hazard Permits-MUFC Article 4 $95.00 LP gas tank (temporary heat) $25.00 LP gas,flammable&combustible liquid tank installation $75.00 Flammable&combustible liquid tank removal: less than 1,000 gallons $25.00 per tank greater than 1,000 gallons $45.00 per tank Tents $25.00 per tent Grease vapor removal system cleaning(per cleaning) $60.00 Fireworks $25.00+ (+=standby firefighters at present hourly rate) Burning permits,limit 2 days per week $50.00 per week Recreational fire No fee Fire alarm system(10.06)-based on valuation-see 2.29a) Fire Sprinkler Systems-see 2.29 5 2.24 HEATING&VENTILATING(Chapter 10) A fee for the issuance of a permit for work and for making inspections pursuant to applicable ordinances shall be as set forth in the sections which follow,except as provided in the State Building Code. A. Job Valuation: Fee: 0 to$1,000 $20.00 $1,001 to$10,000 $20.00 for the first$1,000 plus$1.50 for each additional$100 or fraction thereof,to and including$10,000. $10,001 to$50,000 $155.00 for the first$10,000 plus$12.50 for each additional $1,000 or fraction thereof,to and including$50,000. $50,001 and up $655.00 for the first$50,000 plus$10.00 for each additional $1,000 or fraction thereof. B. Gas Piping: Each opening $ 8.00 C. Reinspection Fee: $42.00 D. Double fee-all work started without a permit 2.25 HUNTING & TRAPPING(Section 9.12) Landowner Free Resident $5.00 Non-resident $10.00 2.26 INCINERATORS(Section 9.05) 2.27 MOVING A BUILDING(Section 10.05) $1,000 deposit each from the owners of the building and building mover. Moving a building $250.00 Moving a garage only $ 50.00 2.28 PLUMBING(Chapter 10) Fixtures-each $ 8.00 Rough-in fixtures $ 8.00 Setting fixtures on previous $ 8.00 Electric water heater $ 8.00 New ground run for existing building $ 8.00 Sump and receiving tank $ 8.00 Water treating device(softener) $ 8.00 Washer openings $ 8.00 Sillcocks $ 8.00 For extending water lines $ 8.00 Sewage disposal(individual) $150.00 6 7 2.28(cont) Municipal sewer per 100 feet $ 15.00 Municipal water per 100 feet $ 15.00 Meter inspection and sealing $ 15.00 Inside change over-sewer,water or both $ 15.00 For each openings on gas $ 8.00 Storm sewer&sub soil drains per 100 feet $ 15.00 Gas stove $ 8.00 Barbecue $ 8.00 Incinerator $ 8.00 Minimum permit fee $ 20.00 Other Inspections&Fees: Reinspection fee $42.00 each Double fee-all work started without a permit 2.29 FIRE SPRINKLER SYSTEMS(Section 9.05) 1 -5 heads $45.00 5 -25 heads $45.00 first 5 heads plus $17.00 each additional 10 heads or fraction thereof. 26-50 heads $79.00 first 25 heads plus $13.00 each additional 10 heads or fraction thereof. 51 -200 heads $118.00 first 50 heads plus $11.00 each additional 10 heads or fraction thereof. 201 and up $209.50 first 200 heads plus $5.00 each additional 10 heads or fraction thereof. Relocate sprinkler heads,piping or appliances-fees are the same as described above for new installations. Standpipes $45.00 first standpipe plus $10.00 each additional standpipe Fire Pump $125.00 2.29a FIRE ALARM AND NON-WATER SUPPRESSION Total Valuation Fee 1 to 1,000 $45.00 1,001 to 3,000 $45.00 first$1,000 plus $3.00 each additional$100.00 or fraction thereof 3,001 to 10,000 $105.00 first$3,000 plus $13.00 each additional$1,000 or fraction thereof 7 D 2.29a(cont) 10,001 to 50,000 $196.00 first$10,000 plus $7.00 each additional$1,000 or fraction thereof 50,001 and up $280.00 first$50,000 plus $3.00 each additional$1,000 or fraction thereof Plan check-65%of permit fee 2.30 SIGNS(Section 11.70) Up to 30 square feet in size $60.00 31 square feet through 50 square feet in size $80.00 51 square feet to 80 square feet in size $100.00 81 square feet or over $125.00 The surface of double or multi-faced signs shall be combined for the purpose of determining the amount of the fee. Charge for returning picked up signs $ 10.00 2.31 SEPTIC SYSTEM PUMPING(Section 10.02) $ 5.00 2.34 COMMUNITY DEVELOPMENT FEES A Development Deposit Agreement is required for Planned Unit Developments, Planned Unit Development amendments, rezoning, platting, site plan review, guide plan changes and environmental assessment worksheets. The deposit amount is based on the following: 0 to 40 acres-$3000 41 to 80 acres-$3,500 81 + acres- $4,000 Additional funds may be required if the balance in the deposit account is inadequate to pay for all of the fees and costs incurred by the City. PLANNED UNIT DEVELOPMENT(P.U.D.)(Section 11.40) $550 +$5/acre PLANNED UNIT DEVELOPMENT AMENDMENT $550 +$5/acre 2.35 ZONING(Section 11.77) Residential 0-10 units-$350+$5/unit 11 or more-$450+$5/unit Commercial,Industrial,Office,Public 0-3 acres-$350+$25/acre 3.1 or more acres-$450+$25/acre 8 9 2.36 PLATTING(Section 12.04) Residential 0-10 units-$360+$5/unit 11 or more-$460+$5/unit Commercial,Industrial,Office,Public 0-3 acres-$360+$26/acre 3.1 or more acres-$460+$26/acre SITE PLAN REVIEW (City Council) Multi-family 0-10 units-$350 min+$5/unit 11 or more units-$450 min+$5/unit Commercial,Industrial,Office,Public 0-3 acres-$350+$25/acre 3.1 or more acres-$450+$25/acre SITE PLAN REVIEW(Administrative) $250.00 2.37 CASH PARK FEES(Section 12.40) Single family unit $1950.00 All other residential $1950.00 per unit Office,commercial,industrial $5775.00/acre 2.38 SHORELAND MANAGEMENT ORDINANCE PERMITS(11.50) Temporary structure in public waters $ 50.00 Change in structure in public waters $ 50.00 Multiple dock or dock in excess of 75' $ 50.00 2.39 SYSTEM ACCESS CHARGES-Utility Charges(Section 3.02) • A. For Metropolitan sanitary sewer: as established by the Metropolitan Waste Commission B. Sanitary Sewer: Residential-$520.00 per R.E.C. Industrial,Public,Office-$895.00 per Metro SAC Commercial-$1270 per Metro SAC C. Water: Residential-$1940 per R.E.C. Industrial,Public,Office-$2580 per Metro SAC Commerical-$3220 per Metro SAC 2.40 USER CHARGES A. Sanitary sewer-$1.95 per 1,000 gallons subject to minimum of 4,000 gallons per quarter per R.E.C. B. Water-$1.25 per 1,000 gallons subject to a minimum of 4,000 gallons per quarter per R.E.C. C. The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.C. D. A residential equivalent connection(R.E.C.)is one dwelling unit. 9 /0 E. In addition to the charges in A.,B.,C.and D.each R.E.C. will be billed: $6.25 fixed charge for water and$6.25 fixed charge for sewer per quarter. Fixed charges are billed on the greater of the number of RE.C.'s on connections. F. Unmetered residential sewer only use charges are$26.00 per quarter per R.E.C.plus a$6.25 fixed charge. G. Penalty for billed charges: 1%per month on account not paid within 30 days of billing. H. Administration fee: A$40.00 flat charge is added to the current balance due to obtain the total certified amount. I. Storm drainage fees: Land Use: Fees: Single-Family Homes $3.00/Each Multi-family/Apartments $29.70/Acre Industrial $29.70/Acre Commercial/Office $3 8.07/Acre Institutions $33.66/Acre Airport/Landfill $ 7.38/Acre Undeveloped Land $10.00/Each J. Residential customers are subject to a water conservation surcharge of$1.00 per 1000 gallons for usage exceeding 150%of winter quarter use or 150%of 24,000 gallons per quarter,whichever is greater,not to exceed$100.00 per quarter. K. Surcharges for non-compliance with lawn irrigation restrictions and prohibitions: Per occurrence $25.00 2.41 WATER/SEWER CONNECTION FEE(Section 3.07) A. In addition to applicable charges listed above,a connection fee of$12,380 per single unit is applicable if the property has not participated in the cost of the utilities by other methods. 2.42 FIRE HYDRANT USE/METER FOR CONSTRUCTION AND IRRIGATION A. Permit fee $28.00 B. Fire hydrant damage deposit $200(applied to the fmal bill) C. 3"meter deposit $400(refundable) D. All other meter deposits $100(refundable) 2.43 WATER FLOW TEST FOR 5/8" METERS $25.00 When consumption is challenged by a customer&the meter is accurate. 10 2.44 WATER SERVICE TURN ON/OFF $25.00 After the initial turn on,any non-emergency on/off request by a commercial lending institution, government agency(HUD),or private property management service. 2.45 NEW CONSTRUCTION COLIFORM BACTERIA RESAMPLING T&M--based on actual laboratory costs,employee time and utility truck rental rates. These costs are above and beyond the initial sampling costs and are directed at projects that have multiple failures. 2.46 NEW CONSTRUCTION MECHANICAL REINSPECTIONS T&M--directed at projects that require multiple visits to complete initial inspection. Same criteria as coliform resampling. 2.47 TELECOMMUNICATIONS(Section 11.06) Commercial Wireless Communications towers and/or antennas: Administrative fee $250.00 (towers and/or antennas meeting code located on private property) • Letter of Intent Fees: (towers and/or antennas on City property) 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 incurred by the City. Variances required for tower and/or antennas See Com.Dev.Fees Site Plan Review required for tower and/or antenna See Corn.Dev.Fees SECTION 3. OTHER FEES,RATES AND CHARGES 3.1 GUIDE PLAN CHANGE $500 +$5/acre 3.2 ENVIRONMENTAL ASSESSMENT WORKSHEET(E.A.W.) $300 +$5/acre 3.3 ENGINEERING SERVICES TO LAND DEVELOPERS For consultations,utility and street plans and specifications,general and fmal inspections of improvements and special assessment division. Final Plat: Residential-$45.00/unit(minimum$280.00) Commercial,Industrial,Office and Public- $109 per acre(minimum$280.00) 11 Plus cost of review by special consultants necessary as determined by the City Manager. Deposit required. Paid prior to release of Plat. Administrative Land Division: $57.00 Final Plan Review,contract Administration and Inspection Review: Fee determined by multiplying 5%times total construction cost of public infrastructure improvements (excluding grading costs),subject to approval of City Engineer. Payable prior to construction start-up. Not applicable to projects built by City through special assessment. Street lighting fees for new subdivisons are charged at prevailing NSP rates and collected for 36 months at time of final plat. Street Signs: Street Name Sign(incl. Install w/12'post)6"x6" $185.00 Street Name Sign(incl.Install w/12'post)6"x9" $207.00 Street Name Sign(incl.Install w/12'post)9"x9" $222.00 Temporary Street Name Sign* $138.00 *(plus 15%surcharge for maintenance until permanent signs in place) Stop Sign(incl.brackets,install,no post)30"x30" $113.00 Stop Sign(incl.brackets,install,with post)30"x30" $134.00 No Outlet(incl.post&install)24"x24" $103.00 9 Button Delineator-Red(incl.post&install) $ 93.00 9 Button Delineator-Red(incl.breakaway post&install) $113.00 Keep Right Symbol(incl. 9 button delin.-Yellow,no post) $113.00 Keep Right Symbol(incl.9 button delin.-Yellow,install,post) $134.00 Keep Right Symbol(incl.9 button delin.-Yellow,install& $154.00 breakaway post) Future Road Extension Advisory(incl.2 posts&install)36'x30" $216.00 No Parking-Use for Turn-Around(incl.post&install) $116.00 Other: $139.00 3.31 PUBLIC RIGHT-OF-WAY OR EASEMENT VACATION FEE Application fee per each transaction for vacating the City's interest in real property,including right-of-way and easements(for consultation,review,notice mailing, publication of notice,and recording). $225.00 3.5 ZONING AMENDMENT AND ZONING APPEAL(Appeal to Board of Adjustments and Appeals) Zoning amendment: $200.00 Variances: Residential(includes residential zoned properties for new $275.00 construction,building additions,decks,porches,garages, accessory structures and variances from all chapters of the City Code.) Other(includes variances associated with properties zoned $450.00 office, industrial,commercial and residential. Building or Fire Code Appeal: $200.00 12 /3 3.6 SPECIAL ASSESSMENT SEARCHES $15.00 per parcel for non-residents. No charge for Eden Prairie residents on searches of their homesteaded property. 3.7 MAPS AND PRINTING No fee for 1st map per resident, distributed at customer service desks. $ .50 for each additional map per resident, distributed at customer service desks. $ .50 per square foot for miscellaneous printing. $5.00 each for small size(2'x 3'or less)City maps. $9.00 each for large size city maps. $11.00 each for 1/2 section overlay composites. $12.50/acre for Mark Hurd Co.topography maps previously purchased by the city,except$9.00/sheet if topo map purchased by other than City and with original purchasers permission. New order through Mark Hurd Co.-their original charge plus$.50/acre $20.00 CD ROM specifications Duplicating costs: $.25 per page,plus postage,if any. $75 annual charge for City Council minutes(pro-rated) $50 annual charge for Planning Commission minutes(pro-rated) $24 annual charge for City Council agendas(pro-rated) $24 annual charge for Planning Commission agendas(pro-rated) 3.8 FIRE DEPT FEES AND CHARGES: These fees will be imposed on any response in which the the victim is not an Eden Prairie taxpayer. Engine Company- $150.00 per hour Ladder Company- $200.00 per hour Rescue,Grass Rig,or Rescue Boat-$100.00 per hour Specialized Personnel(Chief Officer,Investigator)-$50.00/hour Tools/supplies used(non-reuseable)-at cost 3.9 FALSE ALARM FEE Each user is allowed three false alarms per calendar year without penalty. 4th false alarm $100.00 5th false alarm $200.00 6th & up false alarm $300.00 3.10 POLICE DEPARTMENT FEES: Bicycle License $ 10.00 Data Processing,non-standard report $50.00 per hr,min 1 hr Data Processing,standard reports $20.00 Duplicating,audio recording $ 10.00 Duplicating,documentation $ 0.25 per standard page Fingerprinting $ 10.00 up to three cards Fingerprinting $ 5.00 additional card Photograph,booking $20.00 standard Photograph,booking $10.00 digital image Photograph,other $10.00 plus actual cost Postage $ .00 actual cost Report Non-Resident $ 3.00 first two pages Report Non-Resident $ .25 additional pages Report Resident $ .00 additional pages Report Resident $ .00 first two pages Transcibe,Audio Tape $25.00 per hr,min 1 hr Police officer supplemental employment $40.00 per hr,min 3 hr 13 3.11 ASSESSING DEPARTMENT FEES Value Abatement fee-$25.00 per parcel per year Copy of Appraisal/Field Card=$2.00 Electronic copies of Data Bases: $200 basic set-up charge* Plus $100 LOGIS set-up charge* Plus $ .05 per record Plus media charges Printed copies of reports or databases: $200 basic set-up charge* Plus $ .25 per page Electronic copy of reports: $200 basic set-up charge* Plus $ .05 per record Plus media charge *prepayment required for all set-up charges 3.12 CITY CODE City Code-bound copy=$50.00/original, $25.00 per year for maintenance. City Code-Chapter 11 & 12 $10.00 3.13 TAX EXEMPT FINANCING CHARGES $800 application fee per each transaction 1/8 of 1%on the unpaid principal balance at the end of each 12 month period. This charge is effective for all new projects receiving council authorization on or after March 1, 1991 for the issuance of revenue authorization and for all existing projects which require council authorization on or after March 1, 1991, relating to any aspect of the financing. This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No. 85-135 and its subsequent reauthorizations. 14 /5- SECTION 4. RENTAL FEES,RATES AND CHARGES FOR CITY FACILITIES PRIORITY RENTAL CLASSIFICATIONS: 1. CITY GOVERNMENT-Any activity related to the operation of city government including, but not limited to, City programs and events. City programs have first priority for use of the facilities. 2. COMMUNITY GROUP I-Eden Prairie Athletic Associations, Eden Prairie Independent School District 272, public agencies and Eden Prairie based civic groups, religious organization, youth organization and other groups which contribute to the well being and betterment of the community. A civic, non-profit or resident group is considered Eden Prairie based, if it has at least 75% of its membership roster residing in the City. 3. COMMUNITY GROUP II-Eden Prairie based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use, such as family gatherings, parties, etc. 4. NON-COMMUNITY GROUP-Non-resident individuals and groups. Eden Prairie residents and businesses may not make reservations for non-residents and non-Eden Prairie based businesses. CITY RENTAL FACILITIES: AMPHITHEATRE-located at Staring Lake Park CITY CENTER-meeting rooms,conference rooms,a traditional training room,and the Council Chambers COMMUNITY CENTER-ice arenas; standard size rink and Olympic size rink,meeting rooms, racquetball/wallyball courts,and swimming pool OUTDOOR CENTER -located at Staring Lake Park PARK PAVILIONS&SHELTERS-Round Lake Park Pavilion,Homeward Hills Park Shelter, Round Lake Park Shelter,Staring Lake Park Shelter and Miller Park Shelters SENIOR CENTER-community room,meeting rooms,and the work shop(available with supervision according to wood shop regulations) WARMING HOUSES -located throughout the City 15 4.1A COMMUNITY CENTER RENTAL FEE SCHEDULE Facility Facility Information Group I Group II Group III Public Agencies Eden Prairie Non-Resident Individuals Non-Profit&Civic Residents& &Businesses Organizations - Businesses Ice Arena Rink#1-Standard Size Rink $135/hr prime time $135/hr prime time $135/hr prime time Rink#2-Olympic Size Rink (Jan 1-June 9) (Jan 1-June 9) (Jan 1-June 31) Prime Time:2-11 pm,Monday-Friday, $135/hr prime time $135/hr prime time $135/hr prime time weekends,holiday&non-school days (Sept 1-Dec 31) (Sept 1-Dec 31) (Sept 1-Dec 31) Non-prime Time:before 2 pm and after $100/hr non-prime time $100/hr non-prime time $100/hr non-prime time 11 pm,Monday-Friday Summer Rates:effective June 9- $115/hr(prime time $115/hr(prime time $115/hr(prime time August 31.2000 summer rate) summer rate) summer rate) Summer Non-prime Time:11pm-6 am $100/hr(non-prime time $100/hr(non-prime $100/hr(non-prime (with applicable tax) summer rate) time summer rate) time summer rate) Meeting Room A No Charge $15/hour $20/hour Rooms Room B No Charge $15/hour $20/hour Room C No Charge $20/hour $25/hour Upper Lobby No charge $5/hour $10/hour Racquetball Free with membership $5/hour/person $5/hour/person $5/hour/person Wallyball (resident) Courts $15/hour/court $15/hour/court $15/hour/court (wallyball) (wallyball) (wallyball) Swimming Prime Time:8 am-5 pm,Monday-Saturday $55/hr $55/hr $55/hr Pool and noon-5 pm on Sundays (Jan 1-Dec 31) (Jan 1-Dec 31) (Jan 1-Dec 31) Capacity: 268 Non-Prime Time:5-9 pm,Monday-Sunday $45.00/hr non-prime time $45.00/hr non-prime $45.00/hr non-prime (Jan 1-Dec 31) time time (Jan l-Dec 31) (Jan l -Dec 31) Discount Rate:9-11 pm,Monday-Sunday 40.00/hr discount rate $40.00/hr discount rate $40.00/hr discount rate (Jan 1-Dec 31) (Jan-Dec 31) (Jan 1 -Dec 31) SPECIAL ICE RATES: School District 272 ice rate for physical education classes=$50.00/hour(50%of non prime time ice rate) School District 272 hockey games=prime time rate. Personnel required to run the games supplied by others-City keeps the gate minus ice time and personnel costs. Individual open skate fees: User Classification Members Non Members Adults(ages 19&up) Free $3.00 Youth(ages 5 to 18) Free $2.50 Tot(ages 4&under) Free $1.50 Family Free $6.00 Senior Free $1.50 LIFEGUARDS: Lifeguards must be added as follows at the rate of$10/hour: . one to 50 swimmers-second lifeguard required . 51-100 swimmers-third lifeguard required . 100 or greater-additional lifeguards will be determined by management depending on group size and 16 17 SPECIAL POOL RATES: Eden Prairie School District 272 for physical education classes based on prime time rate for 5,490 total square feet. Lifeguard Training Class with Eden Prairie High School Physical Education Department=$95/student ($1,000 minimum)when course is conducted by City Staff. Swim Meets: $55/hour. INDIVIDUAL OPEN SWIM FEES; User Classification Member Non-Member Adult(ages 19&up) Free $3.00 Youth(ages 5 to 18) Free $2.50 Tot(ages 4&under) Free $1.50 Family Free $6.00 Senior Free $1.50 (Children 6 and under must be accompanied in the water by an adult) FITNESS CENTER: Free with membership $40/hour for rental of entire space $3.00 for non-member individual use(must be age 14 and up to use Fitness Center) • Meeting room rentals may be booked three months in advance. • Ping Pong Table with room rental includes meeting Room A and one table with equipment an add'l $10/2 hours. Meeting room may be reserved only within one week. Additional table with equipment=$5/2 hours. LOCKERS: There is no charge for lockers,but members/guests may provide their own lock. MEMBERSHIPS: All memberships are valid for a 12 month period from the date of purchase. Membership Classification Residents(live or work in EP) Non-Residents Youth(18&under) $80.00 $115.00 Adult(19-61) $150.00 $200.00 Household $220.00 $280.00 Senior(62&up) $75.00 $100.00 Summer youth(18&under)(valid Jun 1-Aug 31,1998) $50.00 $ 80.00 17 1� Senior Citizens must be 62 or older to receive the following discounts at the Eden Prairie Community Center: • 50%off the cost of an adult membership. • 25%off the cost of all individual Community Center recreation programs offered by the City of Eden Prairie to include: lessons,classes,open swim,open skate,racquetball,fitness center and table tennis. • Senior Citizens are not required to have a membership at the Community Center in order to receive the 25% discount on Community Center recreation programs. Corporate memberships are available on request. To be eligible for a corporate membership a company must be located in Eden Prairie. Fee for corporate membership is$600/year,in which the corporation would receive five adult membership,or a fee of$120/person for an adult membership in which five is a minimum number that may be a member in order to get the corporate membership rate. POLICY OF GROUP RATES AND LIABILITIES: Supervision will be at the discretion of the Community Center management. This will be based on the number of people to be using the center,as well as the age and type of group. a. Lock-In- 11 p.m.to 5:30 a.m. • Ice Rental-$60/hour(2 hour minimum) • Pool Rental-$40/hour(2 hour minimum)+$10.00/hr per lifeguard required. • Racquetball courts(3)-$40/hour(2 hour minimum)(each court$15/hour for individual use) • Fitness Center-$50(11p.m.to 5:30 a.m.) • Room Rental-Meeting Room A,B,C$200 maximum(11 p.m-5:30 a.m.) Individual room use:Room A-$15/hour,Room B-$15/hour,Room C-$20/hour. Lock-In Groups will be charged an additional$1 per person for groups greater than 150. Personnel Costs: The above rates include one building supervisor. Lifeguards at$10/hour: 1-50 participants-2 lifeguards required 51-100 participants-3 lifeguards required 100-plus participants-4 plus lifeguards;additional lifeguards determined by management depending on group size and ages. Equipment rental available at established rental rates. Maximum use of pool-200 participants at one time. b. GROUP RENTALS Groups of 30 or greater receive 25%discount off open skate and open swim fees with room rental. Groups of 100 or greater receive 25%discount off open skate and open swim fees. Adult(ages 19-61) $2.75 Youth(ages 5-18) $2.00 Tot(ages 4&under) $1.00 Family $4.50 Senior(ages 62&over) $1.25 Birthday Parties: With room rental,participants receive 50%off open skate and open swim fees. Birthday party person skates and swims for free. Adult(ages 19-61) $1.50 Youth(ages 5-18) $1.25 Tot(ages 4&under) $ .75 Family $3.00 Senior(ages 62&over) $ .75 Lock-In Groups will be charged an additional$1 per person for groups of 150 or greater. See other fees and charges: 18 ) 9 EQUIPMENT RENTAL TVNCR Cabinet-$15/use Flip Chart-$10/chart/use Overhead Projector-$15/use Projector Screen-$10/use Ping Pong Tables-$5/table/use Racquetball Racquets-$2/racquet/per use Ice Skates-$1/pair/use Free to Eden Prairie non profit service organization groups. 4.1B OAK POINT POOL RENTAL FEE SCHEDULE FACILITY FACILITY GROUP I GROUP II GROUP III INFORMATION PUBLIC EDEN PRAIRIE NON-RESIDENT AGENCIES, RESIDENTS& INDIVIDUALS& NON-PROFIT& BUSINESSES BUSINESSES CIVIC ORGANIZATIONS SWIMMING PRIME-TIME:8 AM-5 PM, $55/hr $55/hr $55/hr POOL Monday-Saturday and noon-5 (Jan 1-Dec 31) (Jan 1-Mar31) (Jan 1-Dec 31) pm Sundays Capacity 248 Large-173 Non-Prime Time:5-9 pm, 45.00/hr non-prime time $45.00/hr non-prime time Small-75 Monday-Sunday (Jan 1 -Dec 31) (Jan 1-Dec 31) Discount Rate:9-11 pm, $40.00/hr discount rate $40.00/hr discount rate Monday-Sunday (Jan 1-Dec 31) (Jan 1-Dec 31) Lifeguards must be added as follows at the rate of$10/hour: • Small slide pool rental only,requires a minimum of 3 lifeguards. • Large pool rental only,requires a minimum of 2 lifeguards. • Rental of entire pool facility requires a minimum of 5 lifeguards. • Additional lifeguards will be determined by management depending on group size and age. 19 of 4.2 SENIOR CENTER RENTAL FEE SCHEDULE ROOM ROOM GROUP I GROUP II GROUP III INFORMATION PUBLIC AGENCIES, EDEN PRAIRIE NON-RESIDENT NON-PROFIT&CIVIC RESIDENTS AND INDIVIDUALS AND ORGANIZATIONS BUSINESSES BUSINESSES ROOM 201 Approximately $15 hour plus $20 hour plus $35 hour plus 40 theater style, building aide#1 building aide#1 building aide# 1 25-30 tables ROOM 203 Approximately $10 hour plus $15 hour plus $20 hour plus 25 theater style, building aide# 1 building aide# 1 building aide#1 15 to 20 table seating ROOM 209 Approximately 10-15 $10 hour plus $15 hour plus $20 hour plus building aide#1 building aide#1 building aide#1 COMMUNITY ROOM Maximum capacity $25 hour plus $35 hour plus $45 hour plus approximately building aide#2 building aide#2 building aide#2 90 theater style 50 table seating LOUNGE Approximately 20 $10 hour plus $15 hour plus $20 hour plus building aide#I building aide#1 building aide# 1 KITCHEN Limited $25 hour plus $30 hour plus $40 hour plus building aide#3 building aide#3 building aide#3 *Building Aide-The building aide charge is$10/hour,minimum of 2 hours. 1 -$20 set up charge for classroom 2-$35 set up charge for Community Room 3- $25 cleaning deposit 4.3 BOAT&MARINA RENTAL FEE SCHEDULE Boat Rental Rate by Half Hour Maximum Capacity Minimum Age Canoes $3.50 3 12 year Rowboats $3.50 3 12 year Paddleboats $3.50 2 or 4 12 years Sailboats $3.50 2 12 years Canoe Rack Storage-$45/rack/season 20 4 / 4.4 PARK FACILITIES RENTAL FEE SCHEDULE FACILITY FACILITY INFORMATION GROUP I GROUP II GROUP III PUBLIC AGENCIES, EDEN PRAIRIE NON- NON-PROFIT& RESIDENTS& RESIDENT CIVIC BUSINESSES INDIVIDUALS ORGANIZATIONS & BUSINESSES STARING LK PK MAY-OCTOBER $50/hour $50/hour N/A AMPHITHEATRE Maximum Capacity:500 2 hour minimum+ 2 hour minimum+ $200 deposit $200 deposit OUTDOOR CENTER Maximum Cacacity:50 $20/hour $20/hour $30/hour 75 with adjoining parkland 2 hour minimum+ 2 hour minimum+ 2 hour minimum+ $200 deposit $200 deposit $200 deposit ROUND LK PK Maximum Capacity:75 in facility $75 1/2 day $75'/2 day N/A PAVILION 150 with adjoining parkland $125 all day $125 all day $200 deposit $200 deposit ROUND LK PK Maximum Capacity:60 in facility $75 1/2 day $75%2 day N/A BUILDING 150 with adjoining parkland $125 all day $125 all day $200 deposit $200 deposit HOMEWARD HILLS Maximum Capacity:100 $75 1/2 day $75 1/2 day N/A SHELTER 60 upstairs $125 all day $125 all day 40 downstairs $200 deposit $200 deposit STARING LK PARK Maximum Capacity:75 in facility $75'/2 day $75%2 day N/A SHELTER 150 with adjoining parkland $125 all day $125 all day $200 deposit $200 deposit MILLER PARK Maximum Capacity:60 in facility $75'h day $75'h day N/A SHELTER $125 all day $125 all day $200 deposit $200 deposit WARMING HOUSES Maximum Capacity:see above $10/hour $20/hour N/A (DECEMBER 1- Supervision Required 2 hour minimum 2 hour minimum MARCH 1) No private group of over 300 will be allowed to reserve facilities at any park. (Maximum number at Staring Lake Park will be 150.) BALLFIELD TOURNAMENTS:RN MENTS: Ballfield reservations are limited to Eden Prairie non-profit public service groups for weekend tournaments at no charge. Groups will be provided with hand drags,rakes and liners with a$100 deposit. The fields will be dragged at the start of each day,however,if the group requests the City to provide field maintenance the cost will be: $65 per field per day for State,Regional and National Tournaments. $40 per field per day for other types of youth and adult tournaments. $10 per field additional charge when lights are used. $110 per field set-up for new soccer field for tournament. 21 4.5 PLEASANT HILLS CEMETERY FEES Lot Fee-$400-Resident(20%Perpetual Care&80%Maintenance) $600-Non-resident Internment Fee- $200 Infant Burials $325 Casket Burials $150 Cremation Burial Ground Thawing Fees-November 1 -April 1 $50 Infant,Cremation and casket burials Set Grave Markers-$50-Single $100-Double 4.6 USE OF CITY SOUND SYSTEM Use limited to Groups I&II of the Priority Rental Classification. A. Security Deposit-$100 B. City Personnel Transportation to Location, setup and takedown-$40 C. Operation of Sound System by City Staff-$20/hour D. Self Contained Sound System-$50/hour 22 cq3 4.10 CITY CENTER MEETING ROOMS&COMMUNITY ROOMS RENTAL FEES: Room Room Information Group I Group II Group IH Public Agencies, Eden Prairie Individuals and Non-resident individuals and Non-profit&Civic Businesses businesses Organizations HERITAGE ROOM Limited Set-up $15 hour $25 hour $35/hour (One quarter)* Maximum capacity=40 HERITAGE ROOM Maximum capacity=100 $25 hour $35 hour $45 hour (Half)** HERITAGE ROOM Maximum capacity=200 $40 hour $50 hour $75 hour (Whole)*** TRAINING ROOM Standard Class Room $20 hour $30 hour $40 hour * Beverages&Snacks Only Maximum capacity=40 PRAIRIE ROOM Standard Conference=18 After 4:30-10 p.m. $10 hour $15 hour $20 hour Monday-Friday Limited Availability City Priority COUNCIL Restricted Use CHAMBER Standard Set-up $50 hour Restricted Use Restricted Use No Food/Beverages $60 hour $75 hour AV Technician Required, w/Extra Charge ATRIUM I Standard Conference=10 CONFERENCE After 4:30-10 p.m. $10 hour $15 hour $20 hour ROOM Monday-Friday Limited Availability City Priority ATRIUM II Standard Conference=6 CONFERENCE After 4:30-10 p.m. $10 hour $15 hour $20 hour ROOM Monday-Friday Limited Availability City Priority ATRIUM III Standard Conference=10 CONFERENCE After 4:30-10 p.m. $10 hour $15 hour $20 hour ROOM Monday-Friday Limited Availability City Priority LOWER ATRIUM Limited Availability *** After 4:30-10 p.m. $25 hour $35 hour $45 hour Monday thru Friday w/Special Arrangements Capacity=100 Standard Room Set Up is included in the Fee. Additional Set Up charges will be incurred for special room arrangements: * $25 set up charge ** $50 set up charge *** $100 set up charge All rooms must be vacated by 10:00 p.m. The Heritage Room is an official Emergency Shelter for the City Center. Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly. 23 Garden Room Fee Schedule Group I Group II Group III Public Agencies, Eden Prairie Non-resident Non-profit& Residents and Individuals and Civic Organizations Businesses Businesses Garden Room With meal service- $300/first 4 hours $400/first 4 hours, Catering Charge Only $50/hour each add'l $75/hour each add'l hour,plus catering hour,plus catering charge charge Audio-Visual Equipment Fee Schedule Equipment Usage Charge Dry Erase Board(3'x 5')with markers $7.50 Easel $5.00 Flipchart/Dry Erase(24"x 30")with paper $10.00 Extra pad of paper $12.00 each Overhead projector $15.00 Podium,floor model $7.50 Podium,table top model $5.00 Slide projector with carousel $15.00 Screen,projection(tripod stand)6'x6' $10.00 Microphone/stand&speakers $15.00 Microphone,wireless clip-on and speakers $20.00 TV/VCR on cart $15.00 Building Supervisor Charges $ 5.00 per hour; Monday-Thursday, 5:00 p.m. - 10:00 p.m. $10.00 per hour; Weekends Custodial Charges $25.00 per hour. Time and a half will be charged on weekends. 24 Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie,Minnesota,relating to fees heretofore adopted are hereby repealed. ADOPTED, by the City Council of Eden Prairie this 21th day of December,1999, to be effective the 1st day of January,2000. Jean Harris,Mayor ATTEST: Kathleen Porta,City Clerk 25 MEMORANDUM To: Parks,Recreation and Natural Resources Commission Mayor and City Council From: Bob Lambert,Director of Parks and Recreation Services—Pe-- Date: July 13, 1999 Subject: Proposed Cash Park Fees for 2000 RECOMMENDATION: The City staff recommends the park dedication fee for residential development be increased from $1,850 per unit to $1,950 per unit and the fee for commercial/office/industrial development be increased from $5,500 pr acre to $5,775 per acre in 2000. This is approximately a five percent increase for both residential and commercial/office/industrial development. RATIONALE: The City has the right to take 10%of land in lieu of park fees or charge the developer 10% of the raw land value for the purpose of developing park and recreational facilities necessary to serve residents within the development. Raw land values for residential development in Eden Prairie in 1999 ranged from approximately $50,000 per acre to $90,000 per acre for single family residential land and from approximately $90,000 per acre and up for multi family residential property. Raw land values for commercial/office/industrial range from$100,000 per acre to over $350,000 per acre, depending on the location. The existing fee of$1,850 per acre is less than 10% of the fair market value for undeveloped residential property and, in fact, equates to a land value of approximately $46,250 per acre for subdivisions that are developing at 2.5 units per acre. The proposed $1,950 per acre fee equates to a residential land value of$48,750 per acre for subdivisions that are developing at 2.5 units per acre. The City's fee for commercial/office/industrial equates to land valued at $50,000 per acre. Although these fees are less than a 10% of fair market value that the City is able to charge according to law, they are still near the top of the rate for fees charged by cities in the State of Minnesota. City staff believes that the 5% increase in value is a reasonable increase for the year 2000. BL:mdd H:\Lambert\Cash Park Fees 2000 01 Parks, Recreation and Natural Resources Commission July 19, 1999 Page 3 Koenig asked who would decide where to put the trees. Lambert said that staff would make a recommendation for review by the Commission. Corneille asked if, from the staff point of view, this proposal would be a good deal. Lambert said he believes this plan would be fair since there is not enough space on the site to place enough trees to meet the mitigation requirements. The actual number of trees will be increased by about two to one. It just would not work to place any more trees on the site. Jacobson asked if this type of plan has been done in the city before. Lambert said no, it hasn't, because mitigation on site should always be the first option. This is similar to mitigation for wetlands, where mitigating off site may sometimes be the better plan. Koenig asked where the 163 parking space plan came from. Sherion said the original plan for the Crosstown Circle Center building called for an additional parking deck on the office building. However, with this proposal, 163 spaces would be shifted down the street to this site. MOTION: Brown moved that the commission support the recommendation of July 15, 1999 staff report on the Crosstown Circle Center Remote Parking project. Corneille seconded the motion to approve the project as recommended in the staff report dated July 15, 1999, with the addendum that the city bond $100 per caliper inch, that the city work out the options the developer can take, and that the bond be valid until November 1, 2000. Jacobson seconded the motion as amended by Corneille. The motion passed 5-0. Stolar abstained due to a conflict of business interests. VI. OLD BUSINESS A. None VII. NEW BUSINESS 1. Park Dedication Fees for 2000 The City Staff is recommending an increase in the park dedication fees for the year 2000 for residential development from $1,850. to $1,950. per unit, and from $5,500. to $5,775 per acre for commercial/office/industrial development. These changes would result in a five percent increase. Lambert reported the city doing a survey showing that if the increases were approved, Eden Prairie would have the highest increase over other cities in the study. The rationale for the recommended increase is that Eden Prairie residential property Parks, Recreation and Natural Resources Commission July 19, 1999 Page 4 values are now $60,000-$90,000 per acre. Current park fees are based on $38,000- $40,000 per acre. Stolar asked what would be the percent of increase in relation to the value of the land. Stolar said the city can charge the developer 10% of the raw land value for the parks that serve the development. The existing fee of$1,850. Per acre is less than 10% of the fair market value for undeveloped residential property. Corneille suggested that the fees could be indexed to the price of the land. Lambert said that indexing would become just too expensive compared to adjacent community park dedication fees. Jacobson said the recommended increase is $100 per unit, and that the commission could recommend a larger increase, such as $2,000 residential units, and $6,000 on commercial acres. He wondered how many more dollars would be generated by the proposed increase. Lambert said that industrial sites over five acres can't be charged cash park fees, and that the legislature does not want to increase park fees for industrial property. Cedar Forest is the last neighborhood park to be acquired and completed. After that, general funds or referendums will be used to pay to develop the parks. MOTION: Jacobson moved to increase cash park fees for the year 2000 as recommended in the staff report dated July 13, 1999, with the new fees starting on July 1, 1999. Corneille seconded the motion. The motion was approved 6-0. 2. Cancellation of Open Skating The Eden Prairie Community Center will be hosting the STP (Strength Training Program) hockey tournament on August 13, 14 and 15. The tournament is requesting that open skating on these dates be cancelled. The staff is recommending the cancellation to accommodate the STP tournament. MOTION: Hilgeman moved to accept the recommendation of the staff report dated July 7, 1999, to cancel open skate from August 13th though the 15th. Corneille seconded. The motion was approved 6-0. 3. Water Quality in Eden Prairie Parks Brown presented a copy of an ordinance from the City of Plymouth, which addresses lawn fertilizer application control and prohibits use of fertilizers containing phosphates. His concern is that phosphates from lawn fertilizers are impacting water quality in city lakes. Brown reported getting phone calls on the $900,000 cost required to clean up Round Lake. The Plymouth ordinance would allow use of phosphorous on newly established or developed turf and lawn areas during the first growing season, and on lawn areas in which soil tests confirm phosphorous levels established as acceptable by the University of Minnesota extension service. Anyone CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 21, 1999 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Public Safety/Inspections ITEM NO.: Kevin Schmieg 1st reading of an Ordinance amending City Code / Chapter 5,relating to licensing. JL. Requested Action: Move to: Approve 1st reading of an ordinance amending Chapter 5. Synopsis: It is staff's opinion that licensing as done by the city is of little practical benefit over what can be accomplished through registration. The registering of contractors instead of licensing will significantly simplify the process. General contractors doing residential projects are now required to have a state license. The state license with its controls and bonding provide a greater level of protection for homeowners than was ever achieved through the city's licensing efforts. Background Information Section 5.30 MECHANICAL AMUSEMENT DEVISES -Repeal Section 5.30 Section 5.33 BUILDING CONTRACTOR Amend Section 5.33 to require commercial building contractors to register with the City in lieu of receiving a license. Commercial contractors will no longer be required to present proof of liability insurance. A survey of 10 neighboring communities indicated that only one is licensing commercial contractors. Section 5.41 GASFITTER Amend Section 5.41 to require gas fitters to register with the City in lieu of receiving a license. Gas fitters will no longer be required to provide proof of insurance or post a bond. Contractors will be required to provide proof of competency. Section 5.42 WATER SOFTENER/WATER FILTERING EQUIPMENT INSTALLERS Amend Section 5.42 to require installers to register with the city in lieu of receiving a license. Contractors will no longer be required to provide a surety bond. Installers are required to be a State licensed Plumber. Section 5.43 HEATING&VENTILATION Amend Section 5.43 to require HVAC contractors to register with the city in lieu of receiving a license. Contractors will no longer be required to present proof of liability insurance or post a bond. Section 5.44 INDIVIDUAL SEWAGE SYSTEM INSTALLERS Amend Section 5.44 to require sewage system installers to register with the city in lieu of receiving a license. Installers will no longer be required to post a bond. Sewage system installers are required to be licensed by the State. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA REPEALING CITY CODE SECTION 5.30 RELATING TO MECHANICAL AMUSEMENT DEVICES AND AMENDING CITY CODE SECTIONS 5.33 RELATING TO BUILDING CONTRACTOR, 5.41 RELATING TO GASFITTER, 5.42 RELATING TO WATER SOFTENER AND WATER FILTERING INSTALLERS, 5.43 RELATING TO HEATING AND VENTILATION CONTRACTOR AND 5.44 RELATING TO INDIVIDUAL SEWAGE SYSTEM INSTALLERS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIL PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 5.30, entitled, "Mechanical Amusement Devices" is repealed. Section 2. City Code Section 5.33 is amended as follows: SECTION 5.33. BUILDING CONTRACTOR. Subd. 1. Definition. For the purpose of this Section, a "building contractor" is a person who constructs, erects, alters, reconstructs, repairs or extends a multi-family dwelling or an office or commercial building. Subd. 2. Registration Required. It is unlawful for any person to engage in the business of a building contractor without registering, as a building contractor, in a register provided by the City. Section 3. City Code Section 5.41 is amended as follows: SECTION 5.41. GASFITTER. License and Registration Required. It is unlawful for any person to install, alter or repair any gas piping for illuminating or fuel gas or install, alter, repair or service any gas burning devices connected thereto in or for any building or structure in the City ("gasfitter") without (a) holding either a master's certificate of competency issued by the Minneapolis Board of Examiners of Plumbers, a certificate of competency issued by the City of Eden Prairie, or a gasfitter's license issued by any of the following cities: Minneapolis, St. Paul, Bloomington, Duluth, St. Cloud, or Rochester and(b)registration, as a gasfitter, in a register provided by the City. Section 4. City Code Section 5.42 is amended as follows: SECTION 5.42 WATER SOFTENER AND WATER FILTERING EQUIPMENT INSTALLERS. Subd. 1. Registration Required. It is unlawful for any person not a duly licensed plumber to engage in the business of installing water softeners and water filtering equipment ("installer") without registering, as an installer, in a register provided by the City. Section 5. City Code Section 5.43 is amended as follows: SECTION 5.43. HEATING AND VENTILATION. Subd. 1. Registration Required. It is unlawful for any person other than an owner for personal use and occupancy to install, alter, reconstruct or repair any heating, ventilating, comfort cooling or refrigeration equipment ("installer") without registering, as an installer, in a register provided by the City. Section 6. City Code Section 5.44 is amended as follows: SECTION 5.44. INDIVIDUAL SEWAGE SYSTEM INSTALLERS. Subd. 1. Registration Required. It is unlawful for any person to install or construct sewage disposal systems ("installer") without registering, as an installer, in a register provided by the City. Section 7. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 8. This Ordinance shall become effective from and after is passage and publication. FIRST READ at a meeting of the City Council of the City of Eden Prairie on the 21 st day of December, 1999, and finally read and adopted and ordered published at a meeting of the City Council of said City on the 21st day of December, 1999. ATTEST: Kathle en Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the day of 1999. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 21, 1999 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety/Inspections 1st Reading of a Code Amendment-Adoption of Kevin Schmieg Latest Edition of the Minnesota State Building V.f f Code V Requested Action Move to: Approve 1st reading of an Ordinance amending City Code Section 10.01. Synopsis This Ordinance adopts the most recent edition of the Minnesota State Building Code as amended in Minnesota Statutes 16B.59 to 16B.75 and 1998 Minnesota Rules 1300 to 1370. This amends the City Code to provide the rules needed to provide an acceptable level of construction standards for buildings in the City. Background Information This brings the City up to date with the most current building codes as adopted by the State. The newest plumbing and energy codes are also being adopted. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 10.01 ADOPTING THE 1998 MINNESOTA STATE BUILDING CODE REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT USE, HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS AND/OR STRUCTURES AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. • THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 10.01 is amended as follows: SECTION 10.01.MINNESOTA STATE BUILDING CODE ADOPTED. Subd. 1. Building Code. The 1998 Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75, including, but not limited to, those rules and provisions described in Paragraphs A and B hereof, is hereby adopted (the "Building Code") and incorporated herein as if fully set forth herein. One copy of the Building Code shall be kept on file in the office of the City Clerk. A. The 1998 Minnesota State Building Code includes the following Chapters of Minnesota Rules: 1. 1300 Minnesota Building Code 2. 1301 Building Official Certification 3. 1302 State Building Construction Approvals 4. 1305 Adoption of the 1997 Uniform Building Code including Appendix Chapters: a. 3, Division I, Detention and Correctional Facilities b. 12, Division II, Sound Transmission Control c. 15, Reroofing d. 16, Division I, Snowload Design e. 29, Minimum Plumbing Fixtures f. 31, Division II, Membrane Structures 5. 1307 Elevators and Related Devices 6. 1315 Adoption of the 1996 National Electrical Code 7. 1325 Solar Energy Systems 8. 1330 Fallout Shelters 9. 1335 Floodproofing Regulations 10. 1340 Facilities for the Handicapped 11. 1346 Adoption of the 1991 Uniform Mechanical Code 12. 1350 Manufactured Homes 13. 1360 Prefabricated Buildings 14. 1361 Industrialized/Modular Buildings 15. 1370 Storm Shelters (Manufactured Home Parks) 16. 4715 Minnesota Plumbing Code 17. 7670 Minnesota Energy Code B. There is further adopted by reference the following: 1. Minnesota Rules Part 1306.0100, Special Fire Protection Systems (Optional) Subp. 3, 8. (Group M, S, or F occupancies with 2,000 or more gross square feet of floor area or three or more stories in height.) 2. Minnesota Rules Parts 1335.0600-1335.1200, Flood Proofing Regulations Subd. 2. Application, Administration and Enforcement. The application, administration, and enforcement of the Building Code shall be in accordance with the Minnesota Rules part 1300.2100 and as modified by chapter 1305. The Building Code enforcement agency is the City of Eden Prairie Inspections Department. Subd. 3. Permits and Fees. Except as otherwise herein provided, all fees for permits under this Chapter shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may, from time to time, be amended by the Council by resolution. A copy of the resolution setting forth currently effective permit fees shall be kept on file in the office of the City Clerk and shall be open to inspection during regular business hours. Section 2. City Code Chapter 1 entitled, "General Provisions and Definitions Applicable to the entire City Code including Penalty for Violation" and Section 10.99 containing penalty provisions are hereby adopted, in their entirely,by reference as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after is passage and publication. FIRST READ at a meeting of the City Council of the City of Eden Prairie on the 21st day of December, 1999, and finally read and adopted and ordered published at a meeting of the City Council of said City on the 21st day of December, 1999. ATTEST: Kathleen Porta, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on the day of 1999. 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 21, 1999 SERVICE ITEM DESCRIPTION: AREA/DIVISION: Declaration of Restrictions and Covenants ITEM NO.: Public Works for Replacement and Existing Wetland for i e Leslie Stovring ADC Telecommunications,Inc. Requested Action Move to authorize the Mayor and City Manager to execute the "Declaration of Restrictions and Covenants for Replacement and Existing Wetland" for Technology Campus 3'i Addition (ADC Telecommunications,Inc.) Synopsis ADC Telecommunications,Inc. (ADC)has drafted the'Declaration of Restrictions and Covenants for Replacement and Existing Wetland"for Technology Campus 3'd Addition for the replacement and existing wetlands which are to be protected under a conservation easement within their campus development plan. The easement includes wetland buffer strips around each wetland as well as a meadow area which they have agreed to include under the conservation easement with one of the wetlands. The U.S. Army Corps of Engineers (COE) and the Riley Purgatory Bluff Creek Watershed District(RPBCWD)have signed the document. Background The"Declaration of Restrictions and Covenants for Replacement and Existing Wetland"is the result of negotiations between City staff,ADC,RPBCWD,COE,Hennepin Conservation District and the Department of Natural Resources. The restrictions cover the remaining wetlands not impacted by development,the on-site replacement wetlands and wetland buffer strips. The wetland buffer strip easement was included in recognition of the City's proposed Wetland Ordinance. ADC also agreed to include a critical meadow habitat adjacent to a high quality sedge meadow as part of the negotiations. Attachments The document is available for review with the Engineering Division. CITY COUNCIL AGENDA DATE: December 21, 1999 SECTION: Consent Calendar SERVICE AREA/DIVISION: ITEM DESCRIPTION: I.C. 00-5502 ITEM NO.: Engineering Summary of Bids 2000 Mary Krause Maintenance Materials and Water Treatment • I/ Chemicals L" Requested Action Move to: Adopt the Resolution awarding the maintenance and water treatment chemicals to the suppliers as shown on the accompanying resolution. Synopsis Bids were received on December 2, 1999 for the 2000 supply of Street Maintenance and Water Treatment Chemicals. Attached is a summary sheet indicating the bid prices for these materials and chemicals. The accompanying resolution shows the material or chemical, the recommended suppliers and the unit prices of the material to be purchased. Background Information MnDOT 2350, Class 5 Recycled Aggregate and Class 2 Aggregate: Three bids were received for MnDOT Bituminous Mixes with the apparent low bidder being Mueller & Sons, Inc. A cost analysis of time, equipment and labor for hauling the asphalt from the supplier's plant to the shop indicates a savings to use asphalt supplied from Mueller & Sons, Inc. However, due to production capabilities and demand and availability at the Mueller plant, the resolution awards the bituminous mix to Mueller & Sons, Inc., Midwest Asphalt and Commercial Asphalt. Staff will select the appropriate vendor on a daily basis. Similar cost analysis taking into consideration time, equipment and labor to haul the material was done for the Class 5 Recycled and Class 2 aggregates. The analysis for Class 5 Recycled show a savings by utilizing Midwest Asphalt and the Class 2 analysis shows a savings by utilizing Mueller & Sons, Inc. Water Treatment Chemicals The water treatment chemicals are critical to the operation of the water treatment plant and the amounts used will be dictated by the treatment plant. Actual quantities used will vary depending upon the 2000 weather; a wet summer will have lower water production; a dry summer will have higher water production and therefore will use more chemicals to treat the water. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION ACCEPTING BID WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C.00-5502-2000 Maintenance Materials and Water Treatment Chemicals bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids;and WHEREAS,the Director of Public Works recommends award of Contract as follows: 1 Mn/DOT 2350 Medium Volume Midwest Asphalt $25.51/Ton Wear Course Commercial Asphalt $24.82/Ton Mueller&Sons,Inc. $19.95/Ton 2 Mn/DOT 2350 Low Volume Midwest Asphalt $22.90/Ton Non-Wear Course Commercial Asphalt $23.11/Ton Mueller&Sons,Inc. $19.25/Ton 3 Class 5 Recycled(100% Midwest Asphalt $5.27/Ton Crushed)Agg. 4 Class 2(100%Crushed)Aggregate Mueller&Sons,Inc. $5.06/Ton 5 Quicklime Cutler-Magner Company $64.00/Ton 6 Liquid Ferric Sulfate(12% DPC Industries,Inc. $1.065/Gallon solution) 7 Liquid Chlorine(1 ton shipments) Hawkins Chemical,Inc. $414.90/Ton 8 Liquid Carbon Dioxide Hellers Carbonic West $88.00/Ton 9 Sodium Polyphosphate Hawkins Chemical,Inc. $1,660.00/Ton 10 Sodium Silicofluoride Van Waters&Rodgers $608.00/Ton as the lowest and/or most responsible bidders. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council that the Mayor and City Manager are hereby authorized and directed to enter into a Contract with the above named suppliers for the amount listed in accordance with the specifications thereof approved by the City Council and on file in the office of the Director of Public Works. ADOPTED by the Eden Prairie City Council on December 21, 1999. Jean L.Harris,Mayor ATTEST: SEAL Kathleen A. Porta,City Clerk • December 2, 1999 I.C.00-5502-2000 Maintenance and Water Chemicals Bid BIDDERS MnDOT MnDOT Recycled Class 2 Quicklime Ferric Liquid Liquid Carb Sodium Sodium MVWE LVNW Class 5 (100% Sulfate Chlorine Dioxide Poly- Silico- (100% Crushed) Liquid 1 ton loads phosphate Flouride Crushed) Ecolab Water Care Services Hailers Carbonic West 88/ton Commercial Asphalt Co 24.82/ton 23.11/ton 4.85/ton Cutler-Magner Co 64/ton DPC Industries 1.065/gal 439/ton MG Industries 90/ton Air Liquide America Corp 225.0/ton Praxair 180/ton Mueller 19.95/ton 19.25/ton 4.33/ton 5.06/ton Eaglebrook 1.091/gal CAMAS,Inc./Shiely Div. Western Lime&Cement Co 68/ton Midwest 25.51/ton 22.90/ton 5.27/ton Bryan Rock 5.91/ton i.Hawkins 1.08/gal 414.90/ton 1660/ton 620/ton 1 Van Waters&Rogers _ 608/ton Air Gas Mississippi Lime 1 Dixie Carbonic 89/ton • • t • CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 21, 1999 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Land Donation from ITEM NO: Parks and Recreation Berg Family Robert A. Lambert Director V, al. Requested Action Move to: Adopt Resolution accepting land donation along Riley Creek from Scott and Cheryl Berg and from Darcy Rae and James Muniz. This property is located along Riley Creek, south of Cedar Forest Road and is adjacent to the land donated by U. S. Homes in the Apple Orchard Project. Background: This property is a portion of the property that the City attempted to acquire through a Greenways acquisition grant in 1998. That grant, which included this property plus additional land further up the slopes, was not successful. This donation will ensure the preservation of the bottom of the creek valley and is large enough to accommodate a pedestrian trail adjacent to the creek. The donation is from Scott A. Berg and Darcy Rae Muniz, who are the heirs to the Berg Estate. This donation is another valuable piece of the puzzle that is necessary to protect the Riley Creek valley and maintain a trial corridor adjacent to the creek from Riley Lake to Miller Spring. BL:mdd H:\Lambert\Berg Land Donation CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 99- A RESOLUTION ACCEPTING THE DONATION OF LAND FROM THE BERG FAMILY WHEREAS, the Mayor and City Council have designated the Riley Creek Valley as open space land in the City's Park and Open Space Plan; and WHEREAS,the City of Eden Prairie desires to protect that valley in its natural condition as much as is financially feasible; and WHEREAS, Scott A. Berg and Darcy Rae Muniz are the heirs of Don and Shirley Berg, and have inherited their parent's estates Outlots A and B of Cedar Forest First Addition; and WHEREAS, Scott A. Berg and Darcy Rae Muniz wish to donate Outlots A and B to the City of Eden Prairie for park purposes; and WHEREAS, Scott A. Berg and Darcy Rae Muniz have provided the City with Quit Claim Deeds transferring ownership to the City. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council does accept this donation for the benefit of its citizens. ADOPTED by the Eden Prairie City Council on December 21, 1999. Jean L. Harris, Mayor ATTEST: Kathleen Porta, City Clerk SNELLING, CHRISTENSEN & LAUE, P.A. ATTORNEYS AT LAW RONALD L.SNELLING SUITE 400 510I VERNON AVENUE SOUTH OF COUNSEL JOSEPH J.CHRISTENSEN+• WALTER C.GUSTAFSON ROBERT P.LAUE MINNEAPOLIS,MINNESOTA 55436 JILL N.BROWN +REAL PROPERTY LAW SPECIALIST TELEPHONE(612)927-8855 FACSIMILE(612)927-5427 CERTIFIED BY MINNESOTA STATE December 8, 1999 BAR ASSOCIATION *ALSO ADMITTED IN WISCONSIN HAND DELIVER Mr. Robert A. Lambert Director of Parks, Recreation & Natural Resources City of Eden Prairie City Center 8080 Mitchell Road Eden Prairie, MN 55344-2230 RE: Donation to City Dear Mr. Lambert: Our offices represent Scott A. Berg and Darcy Rae Muniz who are the children of Don and Shirley Berg. As you know from our recent conversations, Scott and Darcy inherited from their parent's estates Outlots A and B of Cedar Forest First Addition. Please see the enclosed map on which these properties have been highlighted. As you can see, Outlot A includes several hundred feet of the creek bed of Riley Creek. Outlot B contains property which runs from the creek bed up to Cedar Crest Drive. Scott Berg and Darcy Rae Muniz wish to donate Outlots A and B to the City and I am writing to formally request that the City accept the donation. This donation is offered on the one condition that it be completed in this calendar year. I am enclosing copies of Quit Claim Deeds from Scott and his wife and Darcy and her husband conveying the property to the City of Eden Prairie. Provided the City accepts the donation in calendar year 1999, the Quit Claim Deeds will be filed directly with Hennepin County in calendar year 1999. I understand the City will consider this matter at its meeting scheduled for Tuesday, December 21, 1999. I have a conflict that evening but will have Jill Brown, an attorney from my office, attend in my place. If there are any questions or problems, please let me know. Thank you for your assistance in regard to this matter. Very truly yours, 'SNELLING, CHRISTENSEN & LAUE, P.A. Jc sep . hriste Attorney at Laws JJC/cb Encl. cc: Scott Berg Darcy Muniz 3 UV LI F BLS & v :. 2653.41 RES I 5 ( II) 187.9 y 186. 7r - 11\ i's:' 244. 1V � � `� a (26) $ (29) (L3) r ti 6 ` .. 1 o ( 6) ' � . 9' ( I 2) s yam; - -"_- '. 333:89 \ 107 a's 4 350 co CD , C). 9 $; a 6. g 295.° cfai s 0 �Q ma ( 19) . ,v ;, cO10 ' �.� '••21 x92' 6 a . ` o, -0). p0. o \�:•;��' ,�3 (20) ;zz ,�Q •''�2y1 �q5 �`4s '•Doss'` '1' '� (CEDAR CREST .• s7,5.1•c •fe. . He,•oro � to • '9di9�� 1.1{' \1 9 O' e.0., OR 1 ,.1 1. 3`.'.,h'ti. • (3) ti*3 .• 47• eS. c 867 nr `1a — a► .-. __TA ,y `O°. \a • 1 (4�otiTail ^ ° '� (17) 1 a 2by�' .8 ►oi .� 2 `�.,? �. v'N v (5) _ 137.16 ,�titi33A • 0• 4 e� ' ( 18) 4 ',� . � N89'49.43'w �99 'N ,�4,• N c g ---. 0 07- /`J I /----`_ 8 (6) 94 (10) °�' s" g 6 279.27 co 14 0 �3.48 4a st; �� 2 :.�41 ahi• •V. 3 / 3 <-' 14 h / FL' ass (26) a* ( 12) <45 p. — i (23) N o 15 st 160 Cott / \;. `,v N. 2D• _ H (27) 4 / i •lc3 (13) i in20 .A 4$. �s 1 pzA1 g6 • VI 2p / N . ur i t• 100 'o,., ( I4) _ 1 \.. o re; • 07 (15) �4/J�� \� d• N (J ( 16)N Z 1 989'40'28•E 204.82 165 ?co 109 = c 569.82 1 HD Form No.28-M—QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks(1/15/97) Miller-Davis Co.,St.Paul,MN Individual(s)to Cotporstion, Partnership or Limited Liability Company No delinquent taxes and transfer entered; Certificate of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No. (Date) County Auditor by Deputy DEED TAX DUE:$ Date: P6',K!C �U 1999 (reserved for recording data) FOR VALUABLE CONSIDERATION, Darcy Rae Mnniz and James R Mnni7 wife and husband (marital status) Grantor,hereby conveys and quitclaims to the City of Eden Prairie Grantee,a municipal corporation under the laws of Minnesota real property in Hennepin County,Minnesota,described as follows: Oudots A and B,Cedar Forest First Addition,according to the plat thereof on file and of record in the office of the Hennepin County Recorder. Total consideration for this conveyance is$500.00 or less. THIS CONVEYANCE IS A GIFT. together with all hereditaments and appurtenances. Check box if applicable: ©The Seller certifies that the seller does not know of any wells on the described real property. ❑A well disclosure certificate accompanies this document. ❑I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. • T ae Mtnriz X James R.MMz Affix Deed Tax Stamp Here M5D0 110 STATE OF FLORIDA COUNTY OF 0 . 4e }Td.Or�� � v� This instrument was acknowledged before me on Ybee. ('y 1999 'Jn Date � by Darcy Rae Muniz and James R Muni wife RPd husband 70oNOTARIAL STAMP OR SEAL(OR OTHER TITE Oa RANH) V 79 , FF//SIIONATURE OP NOTARY PUBUC OR OTHER OFFICIAL tis TAMARA L URBAN Check here if part or all of the land is Registered(Torrens)❑ MY COMMISSION 4 CC 844208 EXPIRES:June 14,2002 Tax Statementsfor the real property described in this instrument should B0"d°d><°"rvNM'PuaBcUnaStatementsbe sent to(include name and address of Grantee): THIS INSTRUMENT WAS DRAPrr9 RY(NAME AND ADDRESS), SNELLING,CHRISTENSEN&LAUE,P.A. 5101 Vernon Avenue South,Suite 400 Minneapolis,MN 55436 Nil Form No.28-M—QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks(1/15/97) Miller-Davis Co.,St.Paul,MN Individual(s)to Corporation. Partnership or Limited Liability Company No delinquent taxes and transfer entered; Certificate of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No. (Date) County Auditor by Deputy DEED TAX DUE:$ . 1999 (reserved for recording data) Date: �'jp A 6 FOR VALUABLE CONSIDERATION, Scott A Berg and Cheryl A Rerg,husband and wife (marital status) Grantor,hereby conveys and quitclaims to the City of F}ten Prairie Grantee,a municipal corporation under the laws of Minnesota real property in Hennepin County,Minnesota,described as follows: Outlots A and B,Cedar Forest First Addition,according to the plat thereof on file and of record in the office of the Hennepin County Recorder. Total consideration for this conveyance is$500.00 or less. THIS CONVEYANCE IS A GIFT. together with all hereditaments and appurtenances. Check box if applicable: MThe Seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. ❑I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. -B(a›()-7a((.0 as ,-P.o -J . a , erg X Cheryl .Berg Affix Deed Tax Stamp Here /0 .a-...6 STATE OF FLORIDA COUNTY OF Ol }s°.lt,a:22_, �p This instrument was acknowledged before me on �1. {G'I'— 1999 Date by Scott A Berg and Cheryl A Berg )ntshand and wife. /� NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANA) V /t d i�-j-_ A SIGNAT/`U-RE OF NOTARY PUBLIC OR OMER OFFICIAL Eor. TAMARA RBAN Check here if part or all of the land is Registered(Toneas)❑ l NY CONAIISSIgUn CC11 844208 e P E fax Statements for the real property described in this instrument should be sent to(include dame and address of Grantee): 1 THIS LNSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): SNELLING,CHRISTENSEN&LAUE,P.A. 5101 Vernon Avenue South,Suite 400 Minneapolis,MN 55436 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 12/21/99 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Don Uram John Gertz Resolution Accepting the Elaine Jacques Donation v, Requested Action • Move to: Adopt the Resolution to accept a gift of $6,000.00 dollars from Elaine Jacques, including conditions, for building repair at the Riley-Jacques Farm. Synopsis Elaine Jacques is offering the City a very generous gift of$6,000.00 dollars for roof repairs on buildings at the Riley-Jacques Farm. Specifically, Elaine is asking the City to repair the shingles and lightning rod cable on the barn and replace the roof on the garage. Elaine offers this gift under the following condition: • The City agrees to provide all additional funds needed to complete the roofing repairs. City staff has reviewed current estimates for the roofing repairs and recommends the following: • TOTAL COST O F REP x� 00 FUNDING S C MO 'NT Elaine Jacques Gift $6,000.00 828-4383 $2,007.00 Building Repairs Background Information The City acquired the Riley-Jacques Farm and 23 acres of property from Elaine Jacques in 1990. Today the farmstead occupies a north portion of Riley Lake Park. The farmstead was locally designated a Heritage Preservation Site by the City Council in September, 1997. Attachments Letter from Elaine Jacques, dated December 14, 1999. Westurn Roofing & Siding Estimate dated December 9, 1999 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION ACCEPTING ELAINE JACQUE'S DONATION TO THE CITY WHEREAS, Elaine Jacques has offered to donate to the City the sum of$6,000 on the conditions that the money be used to repair the barn roof and replace the roof on the garage situated on City property known as the Riley-Jacques Farm and that the City provide such additional funds as may be needed for the repair and replacement ("Conditions"). NOW THEREFORE,BE IT RESOLVED THAT: The Council gratefully acknowledges and accepts Elaine Jacque's donation of $6,000 subject to the Conditions. ADOPTED by the City Council on December 21, 1999. Jean L. Harris, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk c li /Le- ,÷V..,1 • ze,,,-.L../d A 7/47-4 rez-14,1 . 11..er ,e4,79_zrae),6-: v- , jLa�L�t✓� �C may: fc ' �.^C.ELF�' -%L�^' �/�i� S�rXcA 'Z „A-444,-; te--.1-4.- V- frt, Z/7-e,-,:z.-)71,--,t-e-z-6.-e-, "2"..; tdee,t-sea dos Z0 �` S 5 3 ,7 . 12/09/99 THU 16:14 FAX 6125410410 WESTERN CEDAR ij001 p ,41 �'' C r C 1 r'. ,t fir'i.t'`u , t ' pi-,' k ', w �Q. ,fit i A, p (T r' . .t . . - �< W : ? ,i ,1<••.,Y.'� 5.,.,., 1 , ,dv , ,- �� . i�It1. 5,,� �-1 Y. C ,a• .ui! 1: _ '�.lr�n,7 612-541-0304 Where Quality Service Are One! •: ✓Member, Twin Cities o- 9700 13th Ave.N. -^`'`.'° . z,z .z Plymouth, MN 55441 •:.- .J'' Builders Assoc. =Y '_ FAX (612) 541-0410 ?-_ � ✓Bonded 4 lies '` ' ��!� i�. NATIONAL ✓Insured �';; .r `-= i ROOFING ✓License ID #20155566 ; IA,>h Gert3n ROOFING a SIDING9_ w9-�gs90 FAX ___ �'>'` NAME pp (�w n ' :4 CI 8 PHONE 949 — 8 1i" DAIE/L_ 9I199� r-- 4 STREET 9 0 ,-* : ili )C Roa.8 l JOB NAME T CITY —� P�a� t A „ JOB LOCATION t• '°4: We Propose - , c To furnish material and labor-complete in 0accordance with!reifications!reificationsplow for the sum of:$ ,. 7 bo- ... ,. Payment to be made as follows. /600 down 6 407' balance upon completion of work. :, .::. EVE E P. c 3. T' 328-2949 r' .._ pr cllcnmaterial k ed work n be es = ��` /µ`•guaranteed 6pet:ibed.AU work b be completed in a workman Pike manner a¢ordinq M itandpry Authorized r`�5+,�^.r^,f, c': ��,:�� practices-Specified work and quoted price svbjep b cJtange upon discovery 01 any hidden QeteCl.Any alteration M �:..� deviation born specifications below HNONinq extra casts wdl be executed upon written orders,and will became an extra Signature ��-;1;''' charge over and above the rsbmatc.All agronmenl5 contingent upon stakes.accklents.or delays beyond our control. Sub Subject to mono ement a royal_ ri ,,•::_+•, Owner grants lull eCCe6510 the entire property lor Raging and execution of wark unless elherwise agreed.Owner l l / 9 approval. ;, .1 f. carry fire,tornado,and other necessary in vrance.Our worker,are fully covered by workmanh cbmpeeuatioe insurance. Void if not accepted within 71 J days. = Materials present on root Asphalt 1 layers Cedar Shake layers Cedar Shingles layers Flat layers =_ X 1. Tearoff existing layers of i ._-tf*11n41e e on .1 arage CIOther i; ^ u; 2. Protect siding,bushes,pool,and yard with plywood&tarps.Roller magnet yard&driveway upon completion. 'r' 3. Remove all roofing materials,stacks,vents,valleys,and flashing.Haul the roofing debris from the entire yard. -4;, x 4. Replace all rotten or damaged roof decking at a rate of$ per hour,per worker,plus ritaterials,or a sum of . for a complete redeck over and above original bid price.IY .'e j �/ "':!"_ )C. 5. Remove all old roofing nails as needed and re-nail all loose roof boards- a7` a `' _.__X_ 6, Apply ice and water shield up from all eaves wide up all valleys,walls and around plumbing jacks,etc. � 7. Cover remaining roof areas with Underlayment felt_„X,.., 15 lb. _30 lb. l- -^ kit 8- Install new 20" 24" Galvanized valley. .,t 'r, . 9. Install Drip Edge (32,' Rake fat Eave 7►3 Galvanized or Aluminum, e,or Ct. or-ty {e ..„ ' _X_ 10, Install GAF Certaineed Owens Corning Shingles Ceda shake o41)oi i Other) -.K ` :' 11. Weight . Color Style 25 30.ear Warranty - k '__' -_____ ___ 12. Install 2" 3" 4" 5"galvanized plumbing stacks__metal kitchen bath damper vent , ` heat flue low pitch high, =$c '` �= 13. Install heavy duty bird proof vents, color _ ,turbines color other e 14. Contract includes all permits and taxes. N;. L; ;. OPTIONS n O t E1 T1�l�s c � s a mcuc C ;. .t t�. X di - i--• cl r )/th OW t--`t' r` oe 4 be Con tre D na U i11 e n I , - `4' -- -c - tti ment of 1fimh),pi 111�t�cftrilr wax' bLQn�l�'�v . ! ,M, '` p /�I/��j,Yap}i -.�.., _ 1iE'r]b'. / \� Westurn to provide Year Manufacturer's Warranty. Westurn to provide 10 Year labor Warranty. See Reverse Side For Important Notice_ Signature Acceptance of contract-The above prices, specifications, -fC and conditions are satisfactory and are hereby accepted.You Signature are authorized to do the work as specified.Payment will be made as above • _ Please initial on back_ Date of acceptance: _- Cancellations occurring after the third day will incur a charge of 10 percent(10%) of the full contract amount of - •• insurance claim amount, whichever is applicable. L . CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 21, 1999 SERVICE AREA/DIVISION: ITEM DESCRIPTION: A Resolution Accepting ITEM NO: Parks and Recreation a State Grant for Bryant Lake Regional Park Trail Robert A. Lambert Director Connection V O. Requested Action Move to: Adopt Resolution accepting a state grant for construction of a trail connection to Bryant Lake Regional Park and authorize the Director of Parks and Rcreation Services to act as the fiscal agent on behalf of the City of Eden Prairie for this project. Background On February 16, 1999, the City Council authorized staff to apply for a DNR matching grant to provide funding support for construction of a trail from Valley View Road to Bryant Lake Regional Park. Staff estimates the length of this trail at approximately 8,500 feet. The trail will be located along the west side of Bryant Lake Drive, then westerly along the south side of Shady Oak Road to the trail adjacent to Rowland Road. There will also be a trail connection along the trail easement through the Wooddale Church parking lot to the south side of Bryant Lake Regional Park. Staff have met with representatives from the Hennepin Park District to confirm the trail connection at the Wooddale Church parking lot. Hennepin Parks does have that trail connection in their trail improvement plan and will make that connection as soon as possible after the City extends the trail to that point. The maximum grant award is 50% of the cost of any project up to the maximum of $50,000. The City of Eden Prairie was awarded $50,000 for this project, which is estimated to cost approximately $175,000 to $200,000. The funding source is the general fund budget. Staff anticipates this project to be initiated in the spring of 2000 and be completed by mid fall. BL:mdd H:\Lambert\Resolution Bryant Lake CITY OF EDEN PRAIRIE. HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION ACCEPTING A STATE GRANT FOR BRYANT LAKE REGIONAL PARK TRAIL CONNECTION WHEREAS, the City of Eden Prairie has been awarded a $50,000 matching grant for the project contained in the Outdoor Recreation Grant Program Application submitted on February 25, 1999, and WHEREAS, Robert A. Lambert is the Director of Parks and Recreation Services for the Eden Prairie and has the legal authority to apply for financial assistance for the City of Eden Prairie, 8080 Mitchell Road, and WHEREAS,the City of Eden Prairie has not incurred any costs described on Item 4 and has not entered into any written agreements to purchase property described on Item 3, and WHEREAS, the City of Eden Prairie has not violated any Federal, State, or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice, and WHEREAS, upon approval of its application by the state,the City of Eden Prairie may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Eden Prairie certifies that it will comply with all applicable laws and regulations as stated in the grant agreement. NOW, THEREFORE, BE IT RESOLVED that the Director of Parks and Recreation Services is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Eden Prairie. ADOPTED by the City Council on December 21, 1999. Jean L. Harris, Mayor ATTEST: Kathleeen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 21, 1999 SERVICE AREA/DIVISION: ITEM DESCRIPTION: A Resolution ITEM NO: Parks and Recreation Authorizing Application for a State Grant for v/ Robert A. Lambert Director Birch Island Park Expansion Requested Action Move to: Adopt Resolution authorizing City staff to submit an application for a Metro Greenways Grant for the purpose of acquiring approximately 37 acres of land north of Birch Island Road and west of Edenvale Boulevard, adjacent to Birch Island Park. Background On November 2, 1999, the City Council authorized the Mayor to send a letter to the County Board requesting the County delay disposing of the 37 acres of County owned land east of Birch Island Park for two years. Since that time, the County Board has rejected that request and intends to offer the land to the City of Eden Prairie for purchase based on the appraised value of $500,000. Staff is recommending the City apply for a Metro Greenways Grant for 100% of the appraised cost. Staff believes that it would be a benefit for the City to protect this property as open space due to the proximity of the site to Birch Island Park. BL:mdd H:Lambert\Resolution Birch Island Park ( CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION AUTHORIZING APPLICATION FOR A STATE GRANT FOR BIRCH ISLAND PARK EXPANSION WHEREAS, the City of Eden Prairie act as legal sponsor for the project contained in the Metro Greenways Grant Program Application to be submitted on 29 December 1999, and that the Director of Parks and Recreation Services is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Eden Prairie. WHEREAS,the City of Eden Prairie has the legal authority to apply for financial assistance, and the institutional,managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. WHEREAS,the City of Eden Prairie has not incurred any costs, and has not entered into any written agreements to purchase this property. WHEREAS, the City of Eden Prairie has not violated any Federal, State, or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. WHEREAS, upon approval of its application by the state,the City of Eden Prairie may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Eden Prairie certifies that it will comply with all applicable laws and regulations as stated in the grant agreement. NOW, THEREFORE, BE IT RESOLVED that the Director of Parks and Recreation Services is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Eden Prairie. ADOPTED by the City Council on December 21, 1999. Jean L. Harris, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 12/14/99 SERVICE AREA/DIVISION: ITEM DESCRIPTION: Community Dev. and Financial Resolution relating to a project under the ITEM NO.: Services Municipal Industrial Development Act, giving the Don Uram project preliminary approval subject to a public V Q. hearing. Requested Action Move to adopt: 1. Resolution relating to a project under the Municipal Industrial Development Act, giving the project preliminary approval subject to a public hearing. Synopsis The purpose of this resolution is to give the project preliminary approval subject to a public hearing. The public hearing is scheduled for January 18, 2000. Granting preliminary and final approval for the issuance of revenue bonds does not obligate the City to proceed with the project. Background Information Elim Homes, Inc., a Minnesota nonprofit corporation, has requested that the City issue its revenue bonds in the aggregate principal amount not to exceed $1,000,000 to pay for the costs of financing the construction of a corporate office facility. The 10,000 square foot office building to be financed by the bonds will be located at the southeast corner of the intersection of Office Ridge Circle and Valley View Road in the City. Development plans have not been submitted but will be required to follow the standard development procedures requiring Planning Commission and City Council review. Attachments Resolution Council Member offered the following resolution and moved its adoption: RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, GIVING THE PROJECT PRELIMINARY APPROVAL SUBJECT TO A PUBLIC HEARING BE IT RESOLVED by the City Council of the City of Eden Prairie, Hennepin County, Minnesota, as follows: Section 1. Policy and Purpose. 1.1. For the purpose of providing revenue-producing enterprises, the City is authorized by Minnesota Statutes, Sections 469.152 through 469.1651, as amended(the "Act"), to enter into loan agreements with corporations providing for the City to loan the proceeds derived from the issuance of revenue bonds to the corporation to be used to pay the costs of a project as defined in the Act and providing for the repayment of the loan by the corporation. 1.2. Elim Homes, Inc., a Minnesota nonprofit corporation (referred to herein as the "Company"), has requested that the City issue its revenue bonds (the "Bonds") in the aggregate principal amount not to exceed $1,000,000 under the provisions of the Act to pay for the costs of financing the construction of a corporate office facility for the Company(the "Project"). The facility to be financed by the Bonds will be located at the southeast corner of the intersection of Office Ridge Circle and Valley View Road in the City. 1.3. The Project would increase the level of economic activity in the City and to the residents of the City and surrounding area. 1.4. The City is advised by representatives of the Company that with the aid of municipal financing, and the resulting lower borrowing cost,the Project would be significantly more feasible. The City is further advised by the Company that approval of municipal financing would be a significant inducement to the undertaking of the Project by the Company. Section 2. Findings. 2.1. Subject to the holding of a public hearing according to law, it appears the issuance of the Bonds will be in the public interest and any competitive nature and impact and effect of the issue upon existing industry and business will not result in an unfair advantage for the proposed project to the substantial detriment of existing enterprises. Section 3. Approval and Authorization. 3.1. Subject to the holding of a public hearing according to law and subject to the mutual agreement of the City, the Company and the initial purchaser of the Bonds as to the details of an indenture, loan agreement and/or other documents necessary to evidence and effect the financing of the Project and the issuance of the Bonds,the issuance of revenue bonds of the City, in one or more series, in an amount not to exceed $1,000,000 is hereby preliminarily approved and authorized to finance the Project. 3.2. Neither this preliminary commitment nor any actions, agreements, or legal matters related hereto or executed in pursuant hereof, shall in any manner or form create an indebtedness of liability of the City. 3.3. The passage of this resolution does not finally commit the City to issue the Bonds nor, if applicable, establish priority for purposes of staying within the limitations established by federal law for the amount of private activity bonds that may be issued by the City of Eden Prairie or the State of Minnesota. Section 4. Public Hearing. 4.1. Since a public hearing, after notice according to law, is required for final approval of the issuance of the Bonds, a public hearing on the issuance of the Bonds shall be held at the City Hall, 8080 Mitchell Road,Eden Prairie,Minnesota,on a date to be determined by the City Clerk and the City Clerk is hereby instructed to give notice of such public hearing according to law at least 14 days prior to the public hearing. 4.2. The form of public notice attached to this Resolution is hereby approved. Section 5. City Costs and Other Matters. 5.1 The Company has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Minnesota Department of Trade and Economic Development; whether or not the Project is carried to completion; and whether or not the Bonds or operative instruments are executed. 5.2 The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Company. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds, or issue the Bonds in an amount less than the amount referred to in Section 1 hereof, should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the Bonds, or issue the Bonds in an amount less than referred to in Section 1 hereof, or should the parties to the transaction be unable to reach agreements as to the terms and conditions of any of the documents required for the transaction. 5.3 All commitments of the City expressed herein are subject to the condition that the City and the Company shall have agreed to mutually acceptable terms and conditions of the Loan Agreement, the Bonds, and of the other instruments and proceedings relating to the Bonds and that the closing of the issuance and sale of the Bonds shall have occurred by no later than December 31, 2000. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Bonds are not sold within such time, this resolution shall expire and be of no further effect. -2- 3 Council Member seconded the above resolution and upon vote being taken thereon the following voted in favor: and the following voted against the same: and the following were absent and not voting: Adopted by the City Council of Eden Prairie, this 21st day of December, 1999. Mayor ATTEST: City Clerk I, , City Clerk of the City of Eden Prairie, Minnesota, hereby certify that the above is a true and exact copy of the resolution dated December 21, 1999, original of which is on file and of record in my office. Witness my hand and the official seal of the said City this 21st day of December, 1999. (SEAL) City Clerk -3- NOTICE OF PUBLIC HEARING ON THE ISSUANCE BY THE CITY OF EDEN PRAIRIE, MINNESOTA OF ITS REVENUE BONDS TO LOAN THE PROCEEDS OF THE REVENUE BONDS TO ELIM HOMES, INC. TO FINANCE THE CONSTRUCTION OF A CORPORATE OFFICE FACILITY NOTICE IS HEREBY GIVEN that the City of Eden Prairie,Minnesota(the "City")will conduct a public hearing on January 18, 2000 at 7:00 p.m. at 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of receiving any and all comments,reports or other information from the public and any interested persons or parties on the proposed issuance by the City of its revenue bonds for the purpose of financing approximately$1,000,000 of construction of a corporate office facility for the benefit of Elim Homes, Inc., a Minnesota nonprofit corporation(the "Borrower")under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 through 469.1651 (the "Act"). The proceeds of the revenue bonds will be loaned to the Borrower to finance approximately $1,000,000 of construction of a corporate office facility. The Project will be owned by, operated and managed by the Borrower. The Project will be located at the southeast corner of the intersection of Office Ridge Circle and Valley View Road, Eden Prairie, Minnesota. The Project will be used as an office facility. The purpose of the public hearing will be to receive information on a proposal that the City issue its Revenue Bonds under the Act in order to loan the proceeds to the Borrower. The maximum principal amount of the total of the Bonds will be $1,000,000 with the proposed issue presently expected to be $1,000,000. The Bonds will not be general obligations of the City, nor shall they be payable in any manner by taxation. The Revenue Bonds will be payable solely from the revenues of the Project pledged to the payment thereof, from investment proceeds and from other revenues of the Borrower, except that the Bonds may be secured by other encumbrances on the Project. The public hearing will be conducted by the Mayor of the City or some other person delegated to conduct the hearing by the Mayor. All persons interested may appear and be heard at the time and place set forth above or may file written comments with the Mayor of the City prior to the date of the hearing. The City is expected to meet and act on the final approval to issue Bonds promptly upon completion of the hearing. A copy of the Application of the City for approval of the Project, together with all attachments and exhibits thereto is available for public inspection at City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota from the date of this notice to the date of the public hearing hereinabove identified, during normal business hours. CITY OF EDEN PRAIRIE, MINNESOTA Mayor -4- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 21, 1999 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety Services James Clark Civil Fines For Violations To City Code Section V. / 4.08, Selling Alcohol To Minors V Requested Action Move to: Approve the assessment of civil fines in the amount of $500 to each of the establishments listed on Exhibit "A" for the violation of "selling alcoholic beverage to a under aged person." Synopsis The establishments listed on a Exhibit "A" have all failed the City's alcohol compliance checks that were conducted between July 20, 1999, and August 10, 1999. These establishments sold alcohol to an under age person. Background Information The City Code in effect at the time of these violations requires the City Council to set the fine to be assessed against the violating establishments. The fines requested are consistent with the amended City Code, which now directs City staff to a pre-authorized fine schedule. SECTION 4.08. REVOCATION,SUSPENSION OR FINE. Effective Date: 11-16-99 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 resale, (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: $ 500 Second Violation: $1,000 Third Violation: $1,500,plus two day suspension of license Fourth Violation: $2,000,plus a suspension of not less than 5 days nor more than 60 days or revocation as determined by the City Council. Attachments • Exhibit A- List of establishments found in violation. Exhibit A Violating Establishments Establishment: Address: Date of Violation: Asia Grille 549 Prairie Center Drive 07/22/99 Eden Prairie Grocery 7447 Eden Prairie Road 07/29/99 Fuddruckers 11825 Technology Drive 07/22/99 Great Mandarin 2136 Eden Prairie Center 07/29/99 Jerry's Food 9625 Anderson Lks Pkwy 07/29/99 Mister Q's 13997 Anderson Lks Pkwy 07/29/99 Rio Bravo Cantina 8335 Crystal View Drive 07/22/99 Timber Lodge Steak House 16396 Wagner Way 07/29/99 Bakers Ribs 8019 Glen Lane 07/22/99 Brunswick Lanes 12200 Singletree Lane 07/29/99 Buca 7711 Mitchell Road 07/22/99 Cam Ranh Bay 8244 Commonwealth Drive 07/22/99 Doolittles 12365 Singletree Lane 07/22/99 Kabuki 6534 Flying Cloud Drive 07/22/99 Super America Gas 13195 Pioneer Trail 08/03/99 Watertower Brewery 12200 Singletree Lane 07/29/99 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings 12/21/99 SERVICE AREA/DIVISION: Community Development ITEM DESCRIPTION: ITEM NO.: Don Uran Mike Franzen Homeland Addition V 1. 14 Requested Action Move to: Continue the project until the January 18, 2000 City Council meeting. Background Information After publishing this item in the paper, the proponent submitted a written request to continue the project. Staff mailed out notices to area residents about the change in public hearing date. Staff will also notify the neighborhood ten days prior to the January 18, 2000 City Council meeting. I CITY COUNCIL AGENDA DATE: December 21, 1999 SECTION: Public Hearing SERVICE AREA/DIVISION: ITEM DESCRIPTION: Vacation 99-08 ITEM NO.: Engineering Services Request to Vacate the Drainage and Utility David Olson Easement over Outlot A,Farber Addition V 5 Requested Action Move to: 1. Close the public hearing 2. Adopt the resolution vacating the drainage and utility easement over Outlot A, Farber Addition Synopsis This vacation has been requested to enable replatting of the property by removing the underlying easements. The proposed replat was approved by the City Council on October 5, 1999 as shady Oak Estates and includes the dedication.of replacement easements coinciding to the new property lines. Attachments Vacation Drawings: 1. Plat of Farber Addition 2. Plat of Shady Oak Estates CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER OUTLOT A,FARBER ADDITION WHEREAS, The City of Eden Prairie has a certain drainage and utility easements described as follows: All those particular drainage and utility easements delineated and dedicated on the plat of Farber Addition, according to the recorded plat thereof, Hennepin County, Minnesota, which lie within Outlot A of said Farber Addition. WHEREAS, a public hearing was held on December 21, 1999 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on December 21, 1999. Jean L. Harris, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk • FARBER ADDITION • • • \ C•'•J.E r:i':T1' J^::ITI:::.; I NE CORNER Of ME Sw1/4 C.R. DOC. NO. i NONNI UNE OF THE Sw1/4 O'THE '•-'"""�^:' ••••• y�, NEI/a,SEC.2,T.Ile.R.22 \ 8'3 10 or INE MEl/a,SEC 2.T.116,R.22 - _ � - N 66'3'19"E 'a i i r 267.20 1 • ru SI 0d I ;I Xnou all pantos by the.presents. That toper S.tarter and Abigail I.?arbor.husbend and wife.owners and proprietors of the XI:!, -I^ detecting detectd property situated In the County of Hennepin. State et Minnesota. to wlS< • That pan of the Southwest Overt.,of the northeast Quarter of Section 2.Toweehip 116. Rego 27. O.o..pit County dettrlDed it ^ s:as follow. 6.9lnnlng at a point on the test line of said Southwest Quarter of the northeast Cu.rtar, •distance of 415.15 d x _ foot North of the So theeet corn.r of said Southwest Ouort.r of the Northeast Quarter:then.,forth 02 degrees 16 Ono IO n 11 seconds West. P62.43 feet to the Mrtheest corn r of said Southeast Owiter of northeast Quarter,thence South 68 degrees jy`6 -I •8 15 minutes 59• erde Hest.•10.4 the north 2100 of flootdd thencerg s00.344 South of the northeart Puertar. 267.20 foot:thann. 33 South 01 degree 24 minutes 01 second teat. ' deg •44 minutes IL'Kends Nest 311.47 feet to 3 I w •point line parallel with and 544.10 foot Tort of the test lino of said hSouthwest du t the north•s.t Juart•r N a:NI said 514.10 foot measured a2oo the north line of Sai Southwest Quarter the northeast Quarter and 390.0 feet South or < id forth line:these.South 02 degrees 16 minutes IS secmWs tat 503.07 toot to the northeasterly right-of-ear line of said toad,these.South 57 degree.10•space•2e seconds test along said Martha e.terly right-of-say lire•distaece of 'till I 137.45 feet:thence Southeasterly•distant•of 11.89 lest alone•curve concave to the Southwest. newthe•radius of e 911.96 toot and tenonl ogle of 00 degrees Ste clout,.45 seconder thence north 10 degrees 12 wlnue..47 seeOtd•cast a <Nwd lop •,• ••• •-'- dplosuse.of 507.00 loot,three.South 59 detests 27 minute.13 seconds test•dt•tanc.of 222.IS feet ore orlees, o the tU / S,ct 1onr2 Mlwiap•sau..d ie.rinq of1n rah 02 sd.r.ers L5oloth.aa19 lt 110n4ne s Wf st. .Mast'aure•r of the northeast Quarter of O „ N. ^, 3 - _3,'TOI,J, Also Outlet'A'CAAQL SLCOND AOsrrI014 as of record in the office of County Pec ',Hennepin County.I...neset.. 76•� Mve caused the same to W surveyed and platted as?U64 40055I0M end do hereby donate and dedicate to the Public for public . W '••-",•••"^,f1 ,., bumf use[onve[the dnlnege soduutl lley easawn<s n ahem on the Plot. .rot �gH•f�� 1. ` 2a w s wMtwt, d r t.:hrbor•,d Abigail T.rather.husband and wife.hoot hereunto set their bonds and seals this Xed1 . \ ...... 3' ; �lfime city of 19ri. ''•f� AREA.f74.316.66$p Y �� J� •1000d ///i/Tam= l'YN�`" C.9�.y..:DASw:•I :1 W7LOT A e lo0. S.f•rbor Ab1W11 i.Tarbe[ • Abigail�h�•M �'4�j z Sest•one 771 " County one aL...... Af. 4 A 7. ! j11, a-DRAINAGE ANp UTWIY EASEMENT H The torapelng ln.e s so<nouLad9ed Wtet a thn 2g day e[t.•t.ymat 1991 by loge?[. 'ether and I. S 61' el b 'arbor,hugged and wife.w� 7 ��ll •�y� 6 \ .o-ti.t-C�.(t) I //� ,^'ORNNAGE ANO " ,,``, -,,w,,....., '.• , ; ny norcawary lfalon•expires correct \ UPUTY EASEMENT�' S .5.21811.18 E I hereby certify the I have surveyed and plotted thi prop.iE7 d.cTlfed an cols plat as MUMS MO5Tf0N, t this is• r v. rep r.aantatIon of said orveyr the.the distances•r correctly shown on the plat In feet and hundredth.of hat root. end Glut all NORTH u J? 105.00 monu•ann hag been correctly.lathe in the ground as shown on the plat:grit the outside boundary lines are correctly dasl9Mt.d OJ 61 / on the plat and then there areo wetlands or public highw.?,to he designated en the plat. if; \ a f y5%Sa99< c� : BLOCK \ 1 •' •DENOTES IRON MONUMENT \ 'y --. sores yet BASIS FOR BEARINGS IS ASSUMED M/ \� floo.ss•e it.t.ll•, so.6105 \ .1.•oi \ Or H,n...et S 1,0% \ •Stet.Lie.no.00r \ - 8 state of N1enegta. Canary.f Mnn.pin s s nn / \ The forgoing surveyor, nt!lesesen w acknowledged before ng this end A` 9.,9fa- -1-. 1991 by Trent A,Cardsrelle. ILea Surveyor. / \ Nona i.,ioo' Pln r.Minnesota 51 1 1 0 \ ? Hy cows ).. a ~ AREA.87.326.115 SF / -S,{.?�J .. expire. 1 / , /J \ OW PMUIt.HI1oR50554 I 2 \1 This plat or rAA•tr ALTITtON soy ed edge+area G by the City Council of the City of teen Pr.lrle,Minnesota.•t•regular • f \ meeting thereof M1d till ri.A7 a00ar e!/fi.Tr 1991. It apPl/.able. CM wrtt<en co.nen[s o0 neewaanMlen•of M i / \ Ceal.slawr e[TranePertatlon and the County ni9h.Y r hews bean rec.l wed 17 t9f�leY or the p Wed 0. l Wroi. \ / y 2 Ms•lapsed without r dig of such comm.,•M recommendations. s•.revue ST.1 •t Sattlen 505.0). SubdlvlNo 2. O C COOMCIL 0 Slit 3 w AREA.78.226.91 SF 1 10 / CI or P Al i .. Y $ f EAST UNE OF THE Seal/4 OF THE �. N'Y'_mayor t 1 NE1/4,SEC.2,T.116.R.22 q. = PWKSTT TAX MO Pwt3C ttt9AeS iiPAitIRIT. no4nepin County,Him,e•.t• Q (\\\ 1 1 8/•rv • \ I hereby certify tn.<tag.pear??in 1991 and prior years have bean paid for land described on this plat. Dated this Say of . 1991. ; \ S•\29\d 1 1 4./9 \ Patriot N.O'Connor,Ne:n,pin County Auditor by Deputy r. i CO d 3, \ ) i T Puryrrsued t to Min sota ass Count SectMinnion tota )838 < I =7�\\ /= Pursuant to Minnesota Statuses County. 161r.S65(1969, this plat Ms iron approved this air of 1991. F \\\\/ // / S.E.CORNER OF ME SR7/4 CF THE NE I/O-Jae g Ina //// / SEC.2.T.116,R.22 z / I^ 4 Renard R.Larson.Moepto County surveyor bY 1 //p F / COMM tttOretA.nerved..County.Nleneset• DRAINAGE AND UMITY EASEMENTS ME SHORN THUS: /Q :hereby certify a the.un1n peat of'MUM AOQSTTaN was?lied for record in this Deuce this day er S 1 IAREA.zz.wz..6 sF^/� //// a w GRAPHIC SCALE ee 1991.at_,'eloct_n. by went? T '� a.Co.t•ri.on. County tee + 4. 2 _ III o \ aP aJj,,s*c. //�//'// / (wren) • --.I.-J L-1-- \ RO+q�°.f'4o• • `// t \ �'°oF`'"'., CARDARELLE & ASSOCIATES, INC. BEINGS FEET M'MOTH.UNLESS°THERMS(INDICATED, ADJOINING RIGHT OF ANO ADJOINING LOT WAY LINES.ES.AND IAS SHOR9!ON THE PUT. Sc..0 FEET IN MTH AND / •` I..913.88 LAND SURVEYORS \ L 11.501.69 C.R. DOC. NO. SHADY OAK ESTATES R.T. DOC. NO. • A 588'40'44"W _ rl -. OUTLOT C�� T 4O4 15.^n-C 10 SO?10'3♦'E,' .s%A: :Ie.H ,gr S88n40'44"W 50.01<< �;•d5' ' , _ _ snr•n er, ae::.:.::1014:581 431.0e _ i}f.' i004-f 50IMF c �_3 1 _ i , olea.4! / m.ao 8'004 E izt.aeeI-' tee.5o —. _ /_— g' - \- oft 233.41 J9•16"W// \b \ 7 .. `4 b b I 1513 :\ ad0b 1 �4�b9h = I // \gr� F�•4,"°e. p'`b w // \ \ F.%�!,1 _, • CO Dpy n :-0 I. /// /�• \\ /.';:1• \ �, S I W 50 0 50 100 150 Jy oN l G �// /,� 4' \ /-- \\ I .. _. 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SERVICES 3 • SIIEET 3 Of 3 SIIEEIS CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims December 21, 1999 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development and Payment of Claims Financial Services/Don Uram VI I Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 82085-82545 Background Information Attachments COUNCIL CHECK SUMMARY 14-DEC-1999 (13:34) • • DIVISION TOTAL N/A $140.50 LEGISLATIVE $41.30 LEGAL COUNSEL $43,421.67 CUSTOMER SERVICE $25,220.03 BENEFITS $1,683.00 TECHNOLOGY $21,235.83 HUMAN RESOURCES $13,157.91 COMMUNICATIONS $11.65 CITY CLERK $10,648.54 HUMAN SERV $4,250.00 RISK MANAGEMENT $51,629.25 ENGINEERING $105.85 INSPECTIONS $57.97 FACILITIES $8,577.45 ASSESSING $639.95 CIVIL DEFENSE $3,894.00 POLICE $12,477.48 FIRE $12,486.65 ANIMAL CONTROL $718.76 STREETS/TRAFFIC $12,187.55 PARK MAINTENANCE $30,381.43 STREET LIGHTING $10,263.02 FLEET SERVICES $19,773.61 ORGANIZED ATHLETICS $4,888.97 COMMUNITY DEV -$293.75 COMMUNITY CENTER $14,506.63 HISTORICAL $40.00 YOUTH RECREATION $1,714.34 SPECIAL EVENTS $945.02 ADULT RECREATION $9,531.46 RECREATION ADMIN $195.00 ADAPTIVE REC $639.10 OAK POINT POOL $99.00 ARTS $144.75 PARK FACILITIES $288.86 PUBLIC IMPROV PROJ $274,252.85 EMPLOYEE PAYROLL DEDUCTIONS $4,495.95 CAPITAL IMPROVEMENT PROGRAM $3,070.02 CITY CENTER $6,244.38 SPECIAL REVENUE FUNDS $2,973.25 PRAIRIE VILLAGE $59,277.98 PRAIRIEVIEW $54,418.28 CUB FOODS $118,716.06 TRUST FUNDS $100,989.24 WATER DEPT $26,859.68 SEWER DEPT $169,392.16 STORM DRAINAGE $2,508.27 AGENCY FUNDS $11,633.62 EQUIPMENT $50,250.70 $1,200,785.22* COUNCIL CHECK REGISTER 14-DEC-1999 (13 CHECK NO' CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 82085 $174.30 CREATIVE CONCEPTS IN MARKETING OPERATING SUPPLIES-GENERAL HUMAN RESOURCES 82086 $13.00 DOIG, LARRY DUES & SUBSCRIPTIONS IN SERVICE TRAINING 82087 $36.82 GERTZ, JOHN DUES & SUBSCRIPTIONS SUNBONNET DAYS 82088 $2,330.50 HARTFORD FINANCIAL SERVICES LL SALE OF FIXED ASSETS TEMAN PROPERTY 82089 $51.36 HUTTER, MICHAEL OPERATING SUPPLIES-GENERAL OUTDOOR CTR PROGRAM 82090 $51,445.25 LEAGUE OF MINNESOTA CITIES INS INSURANCE SAFETY 82091 $9.17 MATHIEU, JOAN ADULT/YOUTH/OUTDOOR CTR PROG FALL SKILL DEVELOP 82092 $55.00 MTGF CONFERENCE CONFERENCE IN SERVICE TRAINING 82093 $350.00 NATIONAL RECREATION AND PARK A DUES & SUBSCRIPTIONS IN SERVICE TRAINING 82094 • $2,729.00 NORTHERN STATES POWER CO ELECTRIC HOV BYPASS LANE VV RD AT 494 82095 $67.47 SCHEDIN, JAMES CLOTHING & UNIFORMS POLICE 82096 $60.00 SENSIBLE LAND USE COALITION CONFERENCE IN SERVICE TRAINING 82097 $171.74 SKARPHOL CONSTRUCTION GROUP DEPOSITS ESCROW 82098 $1,155.00 UNITED HEALTHCARE SERVICES INC EMPLOYEE ASSISTANCE BENEFITS 82099 $189.36 WASTE MANAGEMENT-SAVAGE MN WASTE DISPOSAL EPCC MAINTENANCE 82100 $85.98 BELLBOY CORPORATION MISC NON-TAXABLE PRAIRIE VILLAGE LIQUOR #1 82101 $9,425.90 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 82102 $1,739.32 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 82103 $5,127.65 MARK VII BEER 6/12 PRAIRE VIEW LIQUOR #3 82104 $254.18 PHILLIPS WINE AND SPIRITS INC WINE DOMESTIC LIQUOR STORE CUB FOODS 82105 $2,521.55 PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 82106 $4,145.80 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 82107 $62.00 BIALKA, JUDY MILEAGE AND PARKING YOUTH TENNIS 82108 $1,083.00 ENTERTAINMENT PUBLICATIONS INC DEPOSITS ESCROW 82109 $15.80 EXPRESS MESSENGER SYSTEMS INC POSTAGE GENERAL 82110 $11.80 GENUINE PARTS COMPANY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82111 $49.99 GRIFFITH, BRENT CLOTHING & UNIFORMS POLICE 82112 $29,440.51 LANG PAULY GREGERSON AND ROSOW. LEGAL SERVICE LEGAL COUSEL 82113 $15.00 LEAGUE OF MINNESOTA CITIES CONFERENCE COUNCIL 82114 $26.00 LOFRANO, TAMMY PENSION PLANS FITNESS CLASSES 82115 $69.63 MANN, TRIA MILEAGE AND PARKING SPECIAL EVENTS ADMINISTRATIVE 82116 $9,226.83 MASSACHUSETTS MUTUAL LIFE INSU ADVERTISING PRAIRE VIEW LIQUOR #3 82117 $1,122.00 NILSSON, BETH INSTRUCTOR SERVICE ICE ARENA 82118 $54.54 NORTHERN STATES POWER CO ELECTRIC TRAFFIC SIGNALS 82119 $402.76 PETIL, ESTRELLA PROFESSIONAL SERVICES POLICE 82120 $56.48 SAMS, BETH CLOTHING & UNIFORMS POLICE 82121 $61.07 SCHEPERS, JACK MILEAGE AND PARKING PRAIRIE VILLAGE LIQUOR #1 82122 $54.56 SELNESS, RACHEL TRAVEL POLICE 82123 $3,000.00 UNITED STATES POSTAL SERVICE POSTAGE GENERAL 82124 $67.57 VIKING ELECTRIC SUPPLY REPAIR & MAINT SUPPLIES PARK MAINTENANCE 82125 $72.62 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 82126 $2,294.36 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 82128 $4,996.68 EAGLE WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 82129 $444.35 GETTMAN COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 82130 $5,292.08 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 82131 $3,913.35 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 82133 $1,562.55 MARK VII BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 82134 $203.50 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE LIQUOR STORE CUB FOODS 82135 $82.55 PEPSI COLA COMPANY MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 82136 . $4,166.41 PHILLIPS WINE AND SPIRITS INC WINE IMPORTED PRAIRE VIEW LIQUOR #3 82137 $356.15 PINNACLE DISTRIBUTING OPERATING SUPPLIES-GENERAL LIQUOR STORE CUB FOODS 82138 $1,346.50 PRIOR WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 82139 $2,691.53 QUALITY WINE & SPIRTS CO WINE IMPORTED LIQUOR STORE CUB FOODS 82140 $484.00 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 82141 $1,670.50 WINE COMPANY, THE WINE IMPORTED PRAIRE VIEW LIQUOR #3 7 COUNCIL CHECK REGISTER 14-DEC-1999 (13 CHECK NO' CHECK 'AMOUNT VENDOR DESCRIPTION PROGRAM 82142 $1,170.48 WINE MERCHANTS INC WINE IMPORTED LIQUOR STORE CUB FOODS 82143 $509.95 APEX II OPERATING SUPPLIES-GENERAL ASSESSING-ADMIN 82144 $23.45 CITY HILL FELLOWSHIP DEPOSITS ESCROW 82145 $8.00 HANNA, CARROLL SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 82146 $8.00 HANNA, GLADYS SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 82147 $905.25 INTER PLANT SALES SMALL TOOLS EQUIPMENT MAINTENANCE 82148 $1,504.65 INTERNATIONAL UNION OF OPERATI UNION DUES WITHHELD FD 10 ORG 82149 $50,250.70 JOHN DEERE MACHINERY EQUIPMENT P/W REVOLVING FUND 82150 $30.04 METRO SALES INCORPORATED* OPERATING SUPPLIES-GENERAL SENIOR CENTER PROGRAM 82151 $532.25 ORPHEUM THEATRE SPECIAL EVENTS FEES ADULT PROGRAM 82152 $532.50 PORTRAIT & EVENT IMAGING INC. OTHER CONTRACTED SERVICES SANTA FLIES INTO EDEN PRAIRIE 82153 $150.00 RAMSEY COUNTY SHERIFF'S DEPT. DEPOSITS ESCROW 82154 $283.12 SWEDENBORG-SHAW CONSTRUCTION I DEPOSITS ESCROW 82155 $130.00 UNIVERSITY OF MINNESOTA PRINTING ASSESSING-ADMIN 82156 $5,701.12 US WEST COMMUNICATIONS TELEPHONE WATER UTILITY-GENERAL .82157 $184.00 DAY DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 82158 $1,378.65 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 82159 $354.55 GRAPE BEGINNINGS MISC TAXABLE LIQUOR STORE CUB FOODS 82160 $2,761.02 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 82161 $1,692.25 THORPE DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 82162 $272.00 VineNet INTERNATIONAL INC. WINE DOMESTIC LIQUOR STORE CUB FOODS 82163 $131.00 BRIARHILL MANAGEMENT HOPE LOAN RECEIVABLE HOPE LOAN DAMAGE DEPOSIT 82164 $124.00 CORDES, JEFFREY MILEAGE AND PARKING TREE DISEASE 82165 $947.65 ELAN FINANCIAL SERVICES CONFERENCE POLICE 82166 $193.50 ELANDER MECHANICAL PLUMBING PERMIT FD 10 ORG 82167 $354.55 GETTMAN COMPANY MISC TAXABLE LIQUOR STORE CUB FOODS 82168 $63.24 LANENBERG, CYNTHIA MILEAGE AND PARKING FIRE 82169 $720.00 MPPOA . PREPAID EXPENSES FD 10 ORG 82170 $57.97 OTTEN, DAN MILEAGE AND PARKING INSPECTION-ADMIN 82171 $218.72 P & H WAREHOUSE SALES INC REPAIR & MAINT SUPPLIES PARK MAINTENANCE 82172 $3,635.62 RELIANT ENERGY RETAIL INC. GAS EATON BLDG 82173 $11.65 PARAGON CABLE CABLE TV COMMUNITY SERVICES 82174 $8,332.60 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 82176 $201.24 NORTH STAR ICE MISC TAXABLE PRAIRE VIEW LIQUOR #3 82177 $4,100.91 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 82179 $1,028.15 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 82180 $75.00 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 82181 $1,454.74 WINE MERCHANTS INC WINE DOMESTIC LIQUOR STORE CUB FOODS 82185 $128.00 AARP 55 ALIVE MATURE DRIVING SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 82186 $23.25 ANDERSON, JENNIFER LESSONS/CLASSES OAK POINT LESSONS 82187 $46.07 ANDERSON, KAREN L. ACCTS REC-CUSTOMER WATER DEPT 82188 $23.25 BAKER, CONNIE LESSONS/CLASSES OAK POINT LESSONS 82189 $20.00 BOLD, PAULINE OPERATING SUPPLIES-GENERAL ACCESSIBILITY 82190 $58.00 CHACKO, BARBARA LESSONS/CLASSES ICE ARENA 82191 $409.51 DUNBAR, DAVID MILEAGE AND PARKING PRAIRE VIEW LIQUOR #3 82192 $1,828.75 ELIM MANAGEMENT SERVICE ACCTS REC-CUSTOMER WATER DEPT 82193 $27.00 ERICSON, DONNA LESSONS/CLASSES FITNESS CLASSES 82194 $15,036.24 HENNEPIN COUNTY TREASURER RIGHT OF WAY & EASEMENTS HOV BYPASS LANE VV RD AT 494 82195 $24.00 HO, PuiLING LESSONS/CLASSES POOL LESSONS 82196 $26.25 HOLLINGSWORTH, DENISE LESSONS/CLASSES OAK POINT LESSONS 82197 $58.00 KERBER, KRISTEN LESSONS/CLASSES ICE ARENA 82198 $66.87 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL FIRE STATION #1 82199 $120.90 KRESS, CARLA MILEAGE AND PARKING LEISURE TIME 82200 $60.00 LAKE COUNTRY DOOR CONTRACTED BLDG REPAIRS EP CITY CTR OPERATING COSTS 82201 $114.00 LARSON, JEFF OTHER CONTRACTED SERVICES GENERAL COUNCIL CHECK REGISTER 14-DEC-1999 (13 CHECK NO' CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 82202 $26.25 McPHERSON, LAURINE LESSONS/CLASSES OAK POINT LESSONS 82203 $500.62 SOUTHWEST METRO TRANSIT DEPOSITS ESCROW 82204 $76.80 TWIN CITY OXYGEN CO REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 82205 $328.38 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82206 $344.79 US WEST COMMUNICATIONS TELEPHONE GENERAL 82207 $1,180.85 WASCHE COMMERCIAL FINISHES BUILDING FIRE STATION CONSTRUCTION 82208 $47.21 WERTS, SANDY MILEAGE AND PARKING REC SUPERVISOR 82209 $83.43 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 82210 $572.80 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 82211 $1,023.60 EAGLE WINE COMPANY WINE DOMESTIC LIQUOR STORE CUB FOODS 82212 $10,683.20 EAST SIDE BEVERAGE COMPANY BEER 6/12 LIQUOR STORE CUB FOODS 82213 $634.00 GRAPE BEGINNINGS WINE IMPORTED LIQUOR STORE CUB FOODS 82214 $90.03 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 82215 $31.50 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 82216 $42.66 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 82217 $6,750.17 QUALITY WINE & SPIRTS CO WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 82219 $2.32 AT&T TELEPHONE WATER UTILITY-GENERAL 82220 $786.73 CEMSTONE REPAIR & MAINT SUPPLIES TRAILS 82221 $94.55 CRACAUER, CLIFF MILEAGE AND PARKING EQUIPMENT MAINTENANCE 82222 $194.80 CROSIBLE INC. EQUIPMENT PARTS WATER TREATMENT PLANT 82223 $343.50 DAY DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 82224 $3.47 KRAEMERS HARDWARE INC OPERATING SUPPLIES-GENERAL PARK MAINTENANCE 82225 $12,795.50 KROISS, STEPHEN BLDG SURCHARGES MECH SURCHARGE 82226 $765.79 UNLIMITED SUPPLIES INC COMPARABLE WORTH MAINT EQUIPMENT MAINTENANCE 82227 $23.31 W GORDON SMITH COMPANY, THE LUBRICANTS & ADDITIVES WATER SYSTEM MAINTENANCE 82228 $2,494.18 WALTERS SWIM SUPPLIES INC CLOTHING & UNIFORMS POOL OPERATIONS 82229 $256.40 ALL SAINTS BRANDS DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 82230 $48.92 AMERIPRIDE LINEN & APPAREL SER. OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 82231 $7,186.80 DAY DISTRIBUTING BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 82232 $1,230.85 EAGLE WINE COMPANY WINE IMPORTED PRAIRIE VILLAGE LIQUOR #1 82233 $6,741.62 GRIGGS COOPER & CO MERCHANDISE FOR RESALE LIQUOR STORE CUB FOODS 82234 $1,886.36 LAKE REGION VENDING TOBACCO PRODUCTS LIQUOR STORE CUB FOODS 82235 $3,263.65 MARK VII BEER 6/12 LIQUOR STORE CUB FOODS 82236 $233.96 PINNACLE DISTRIBUTING OPERATING SUPPLIES-GENERAL LIQUOR STORE CUB FOODS 82237 $2,709.43 PRIOR WINE COMPANY WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 82238 $108.15 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 82239 $6,926.59 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 82240 $746.00 VineNet INTERNATIONAL INC. WINE IMPORTED LIQUOR STORE CUB FOODS 82241 $1,111.80 WORLD CLASS WINES INC WINE DOMESTIC LIQUOR STORE CUB FOODS 82242 $5,464.81 CB RICHARD ELLIS BLDG RENTAL PRAIRIE VILLAGE LIQUOR #1 82243 $60.00 DEPT OF PUBLIC SAFETY LIQUOR C PREPAID EXPENSES LIQUOR STORE PVM 82244 $20.00 GROVER, EUGENE SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 82245 $200.00 HENNEPIN COUNTY CHIEFS OF POLI DUES & SUBSCRIPTIONS POLICE 82246 $20.00 HOLTZMAN, BONNIE SPECIAL COMMUNITY EVENTS ADAPTIVE RECREATION 82247 $3,845.00 MARTIN-MCALLISTER PHYSICAL & PSYCO EXAM HUMAN RESOURCES 82248 $2,155.00 PRAIRIE PARTNERS SIX LLP DEPOSITS ESCROW 82249 $219.74 SCHEPERS, JACK OPERATING SUPPLIES-GENERAL PRAIRE VIEW LIQUOR #3 82250 $100.00 SPECIAL OPERATIONS TRAINING AS SCHOOLS POLICE 82251 $1,245.50 SURPLUS WINDOW STORE OTHER CONTRACTED SERVICES 1998 REHAB PROGRAM 82252 . $111.99 UNITED PROPERTIES CASH OVER/SHORT FD 10 ORG 82253 $74.40 AMERIPRIDE LINEN & APPAREL SER OTHER CONTRACTED SERVICES LIQUOR STORE CUB FOODS 82254 $2,379.17 BELLBOY CORPORATION MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 82256 $2,641.82 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 82257 $3,256.03 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 82258 $1,556.25 MARK VII MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 5 COUNCIL CHECK REGISTER 14-DEC-1999 (13 CHECK NO ' CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 82259 $568.97 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRE VIEW LIQUOR #3 82260 $4,629.32 PHILLIPS WINE AND SPIRITS INC WINE DOMESTIC PRAIRE VIEW LIQUOR #3 82261 $1,393.57 QUALITY WINE & SPIRTS CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 82262 $6.50 BECK, ELEANOR SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 82263 $593.75 C.S. MCCROSSAN DEPOSITS ESCROW 82264 $576.25 CENTRAL LANDSCAPING DEPOSITS ESCROW 82265 $5,286.91 CORPORATE EXPRESS OFFICE SUPPLIES GENERAL 82268 $292.50 FRERICHS CONSTRUCTION DEPOSITS ESCROW 82269 $540.00 GTE DIRECTORIES PREPAID EXPENSES FD 10 ORG 82270 $41.25 KRAEMERS HARDWARE INC REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 82271 $360.00 LUNDA CONSTRUCTION CO DEPOSITS ESCROW 82272 $35.00 MFEA PREPAID EXPENSES FD 10 ORG 82273 $444.25 MINNEGASCO GAS FIRE STATION #1 82274 $350.92 MINNESOTA VALLEY ELECTRIC COOP ELECTRIC RILEY LAKE 82275 $6.50 NECHAS, MARJORIE SR CITIZENS/ADULT PROG FEES SENIOR CENTER PROGRAM 82276 $550.00 NORTHWEST ASPHALT DEPOSITS ESCROW 82277 $995.60 THERKELSEN, GARY CONFERENCE POLICE 82278 $32.00 TOURVILLE, RUTH INSTRUCTOR SERVICE SENIOR CENTER PROGRAM 82279 $13,750.00 WHITE BUFFALO INC OTHER CONTRACTED SERVICES DEER CONSULTANT 82280 $47.97 WINDSOR, BRIAN ACCTS REC-CUSTOMER WATER DEPT 82281 $2,672.60 BLOOMINGTON LOCK AND SAFE* REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 82282 $55.07 DELEGARD TOOL CO SMALL TOOLS EQUIPMENT MAINTENANCE 82283 $25.00 DISTRICT COURT DUES & SUBSCRIPTIONS FD 10 ORG 82284 $32.00 DRYER, KELLY ADULT/YOUTH/OUTDOOR CTR PROG SPECIAL EVENTS/TRIPS 82285 $270.00 FRANA & SONS DEPOSITS ESCROW 82286 $134.62 GENUINE PARTS COMPANY REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 82287 $375.00 HENNEPIN COUNTY TREASURER PREPAID EXPENSES FD 10 ORG 82288 $24.00 LIBERTY BAPTIST CHURCH YOUTH F. OPEN FEES RACQUETBALL 82289 $150.00 MIAMA PREPAID EXPENSES FD 10 ORG 82290 $372.75 MINNESOTA HORSE & HUNT CLUB RENTALS POLICE 82291 $1,274.00 MINNESOTA SUPER CENTER INC INSTRUCTOR SERVICE FALL SKILL DEVELOP 82292 $154.21 PETTY CASH-POLICE DEPT POSTAGE GENERAL 82293 $125.00 PHILLIPS, BRIAN OPERATING SUPPLIES-GENERAL RACQUETBALL 82294 $466.25 RAY L. JORDAN & SONS DEPOSITS ESCROW 82295 $291.25 ROCHON CORP DEPOSITS ESCROW 82296 $50.00 SCOTT COUNTY PREPAID EXPENSES FD 10 ORG 82297 $10.22 STAR TRIBUNE OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 82298 $425.00 WHITE, WENDY HOPE LOAN RECEIVABLE HOPE LOAN DAMAGE DEPOSIT 82299 $65.00 DAY DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 82300 $222.96 EAGLE WINE COMPANY WINE DOMESTIC LIQUOR STORE CUB FOODS 82301 $1,364.40 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRE VIEW LIQUOR #3 82302 $85.00 GRAPE BEGINNINGS WINE DOMESTIC PRAIRE VIEW LIQUOR #3 82303 $3,115.52 GRIGGS COOPER & CO MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 82304 $4,241.50 JOHNSON BROTHERS LIQUOR CO WINE DOMESTIC PRAIRIE VILLAGE LIQUOR #1 82305 $28.35 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 82306 $2,620.10 PHILLIPS WINE AND SPIRITS INC WINE DOMESTIC LIQUOR STORE CUB FOODS 82307 $2,937.40 THORPE DISTRIBUTING BEER 6/12 LIQUOR STORE CUB FOODS 82308 $76.03 WINE MERCHANTS INC WINE DOMESTIC LIQUOR STORE CUB FOODS 82309 $920.00 WORLD CLASS WINES INC WINE DOMESTIC PRAIRE VIEW LIQUOR #3 82310 $21.02 AT&T TELEPHONE WATER UTILITY-GENERAL 82311 $13,651.14 COLUMBINE TOWNHOME LP INTEREST SUBSIDY COLUMBINE RD TIF PROJECT 82312 $34,314.19 ELIM MANAGEMENT SERVICE INTEREST SUBSIDY COLUMBINE RD TIF PROJECT 82313 $12.99 GEIS, ROB TRAVEL POLICE 82314 $30.00 LARSON, JEFF OTHER CONTRACTED SERVICES GENERAL 82315 $23.00 MINNESOTA DEPT OF HEALTH LICENSES & TAXES WATER TREATMENT PLANT COUNCIL CHECK REGISTER 14-DEC-1999 (13 CHECK NO' 'CHECK'AMOUNT VENDOR DESCRIPTION PROGRAM 82316 $72.00 PROFESSIONAL DRIVER TRAINING I PREPAID EXPENSES FD 10 ORG 82317 $149.10 SOUTHWEST CONTRACTORS SUPPLY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82318 $50,923.91 THEIS & TALLE MANAGEMENT INC INTEREST SUBSIDY TIF PV & ELIM 82319 $1,423.49 US WEST COMMUNICATIONS TELEPHONE MILLER PARK 82321 $518.00 GRAPE BEGINNINGS WINE IMPORTED LIQUOR STORE CUB FOODS 82322 $9,654.08 JOHNSON BROTHERS LIQUOR CO MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 82324 $159.20 MIDWEST COCA COLA BOTTLING COM MISC TAXABLE PRAIRIE VILLAGE LIQUOR #1 82325 $159.75 NORTH STAR ICE MISC TAXABLE PRAIRE VIEW LIQUOR #3 82326 $2,674.57 PAUSTIS & SONS COMPANY WINE IMPORTED LIQUOR STORE CUB FOODS 82327 $4,382.24 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE PRAIRE VIEW LIQUOR #3 82328 $252.65 THORPE DISTRIBUTING BEER 6/12 PRAIRE VIEW LIQUOR #3 82329 $818.07 WORLD CLASS WINES INC WINE IMPORTED PRAIRE VIEW LIQUOR #3 82330 $817.55 DAHLHEIMER DISTRIBUTING COMPAN BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 82331 $11,509.85 EAST SIDE BEVERAGE COMPANY BEER 6/12 PRAIRIE VILLAGE LIQUOR #1 82332 $12,179.62 JOHNSON BROTHERS LIQUOR CO WINE IMPORTED LIQUOR STORE CUB FOODS 82333 $33.30 NORTH STAR ICE MISC TAXABLE LIQUOR STORE CUB FOODS 82334 $250.95 PAUSTIS & SONS COMPANY WINE IMPORTED PRAIRE VIEW LIQUOR #3 82335 $565.63 PHILLIPS WINE AND SPIRITS INC MERCHANDISE FOR RESALE PRAIRIE VILLAGE LIQUOR #1 82336 $8,398.70 QUALITY WINE & SPIRTS CO WINE DOMESTIC . LIQUOR STORE CUB FOODS 82338 $107.10 A-1 ROOTMASTER INC CONTRACTED REPAIR & MAINT SEWER SYSTEM MAINTENANCE 82339 $54.13 AAA CREDIT SCREENING SERVICES PROFESSIONAL SERVICES POLICE 82340 $21.08 ABM EQUIPMENT AND SUPPLY COMPA EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82341 $1,226.72 ACTION THREADED PRODUCTS* REPAIR & MAINT SUPPLIES WATER TREATMENT PLANT 82342 $1,055.42 AERO DRAPERY AND BLIND OTHER EQUIPMENT EP CITY CTR OPERATING COSTS 82343 $425.00 AIM ELECTRONICS REPAIR & MAINT SUPPLIES ICE ARENA 82344 $367.50 ALAN SHILEPSKY CONSULTING INC OTHER CONTRACTED SERVICES EQUIPMENT MAINTENANCE 82345 $545.17 AMERICAN RED CROSS TRAINING SUPPLIES POOL LESSONS 82346 $178.00 AMERICAN WATER WORKS ASSOCIATI. TRAINING SUPPLIES WATER UTILITY-GENERAL 82347 $2,042.75 ANCHOR PAPER COMPANY OFFICE SUPPLIES GENERAL 82348 $536.10 ANCHOR PRINTING COMPANY PRINTING SANTA FLIES INTO EDEN PRAIRIE 82349 $60.00 ANDERSON LAKES ANIMAL HOSPITAL PROFESSIONAL SERVICES ANIMAL WARDEN PROJECT 82350 $22.64 APPARENTLY GRAPHIC LTD. OPERATING SUPPLIES-GENERAL FIRE 82351 $12.00 ASIAN TRANSLATIONS PROFESSIONAL SERVICES POLICE 82352 $773.00 ASPEN CARPET CLEANING CONTRACTED REPAIR & MAINT VAR PARK SHELTERS 82353 $400.00 ASSOCIATION OF TRAINING OFFICE SCHOOLS POLICE 82354 $54.96 AUTO ELECTRIC SPECIALISTS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 82355 $285.74 AZTECH EMBROIDERY SERVICES CLOTHING & UNIFORMS COMMUNITY CENTER ADMIN 82356 $279.07 BACONS ELECTRIC COMPANY CONTRACTED EQUIP REPAIR WATER WELL #7 82357 $6,162.06 BARR ENGINEERING COMPANY OTHER CONTRACTED SERVICES PHASE I CREEK COORIDOR MGMT PL 82358 $195.00 BARTEL, JOANNE OTHER CONTRACTED SERVICES SENIOR WEB SITE 82359 $1,823.27 BAUER BUILT TIRE AND BATTERY CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 82360 $400.00 BCA/FORENSIC SCIENCE LABORATOR SCHOOLS POLICE 82361 $111.83 BECKER ARENA PRODUCTS INC REPAIR & MAINT SUPPLIES ICE ARENA 82362 $187.32 BETH AND MORLEY BURNETT OPERATING SUPPLIES-GENERAL ICE ARENA 82363 $1,361.18 BIFFS INC WASTE DISPOSAL PARK MAINTENANCE 82364 $789.73 BLACK & VEATCH PROFESSIONAL SERVICES WATER UTILITY-GENERAL 82365 $475.00 BLOOMINGTON, CITY OF KENNEL SERVICE ANIMAL WARDEN PROJECT 82366 $1,386.00 BRAUN INTERTEC CORPORATION ASPHALT OVERLAY STREET MAINTENANCE 82367 $335.74 BROADWAY AWARDS AWARDS EPAA DINNER 82368 . $8,146.29 BROCK WHITE CO LLC SEAL COATING CONTRACTED STREET MAINTENANCE 82369 $1,297.17 BROWN TRAFFIC PRODUCTS INC CONTRACTED REPAIR & MAINT TRAFFIC SIGNALS 82370 $74.85 BURTON EQUIPMENT INC FURNITURE & FIXTURES WATER TREATMENT PLANT 82371 $133.14 CELEBRATION GIFTS OPERATING SUPPLIES-GENERAL POLICE 82372 $165.00 CENTER FOR HEALTHY LIVING OTHER CONTRACTED SERVICES FITNESS CLASSES 82373 $1,070.49 CENTRAIRE INC CONTRACTED BLDG REPAIRS POLICE STATION COUNCIL CHECK REGISTER 14-DEC-1999 (13 CHECK NO CHECK'AMOUNT VENDOR DESCRIPTION PROGRAM 82374 $160.00 CHAD NESTOR ILLUSTRATION & DES PRINTING ADAPTIVE RECREATION 82375 $240.42 CHANHASSEN BUMPER TO BUMPER EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82376 $3.50 CHANHASSEN LAWN AND SPORTS EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82377 $2,482.00 CHANHASSEN, CITY OF DUES & SUBSCRIPTIONS FIRE 82378 $80.00 CLOSED CIRCUIT SPECIALISTS INC CONTRACTED BLDG REPAIRS FIRE STATION #3 82379 $20,752.00 COMMERCIAL FENCE CONTRACTED BLDG REPAIRS ROUND LK PARK K17 • 82380 $322.82 CONNEY SAFETY PRODUCTS CLEANING SUPPLIES WATER TREATMENT PLANT 82381 $105.85 CONSTRUCTION BULLETIN LEGAL NOTICES PUBLISHING ENGINEERING DEPT 82382 $882.00 CONTROL SERVICES OF MN BUILDING EP CITY CTR OPERATING COSTS 82383 $735.83 CORPORATE EXPRESS OFFICE SUPPLIES POLICE 82384 $61.64 CUB FOODS EDEN PRAIRIE OPERATING SUPPLIES-GENERAL FIRE 82385 $193.00 CUSTOM CANVAS INC. CONTRACTED REPAIR & MAINT FIRE 82386 $278.10 CUSTOM HEADSETS INC CONTRACTED REPAIR & MAINT POLICE 82387 $4,841.32 CUTLER-MAGNER COMPANY CHEMICALS WATER TREATMENT PLANT 82388 $90.00 DAKOTA COUNTY TECHNICAL COLLEG SCHOOLS POLICE 82389 $7,859.88 DANKO EMERGENCY EQUIPMENT CO PROTECTIVE CLOTHING FIRE 82390 $441.44 DECORATIVE DESIGNS INC OTHER CONTRACTED SERVICES WATER TREATMENT PLANT 82391 $20.00 DEM CON LANDFILL INC WASTE DISPOSAL STREET MAINTENANCE 82392 $532.00 DILLEY, TODD OTHER CONTRACTED SERVICES BASKETBALL 82393 $9.57 DISCOUNT SCHOOL SUPPLY OPERATING SUPPLIES-GENERAL PROGRAM SUPERVISOR 82394 $308.65 DRISKILLS NEW MARKET OPERATING SUPPLIES-GENERAL SANTA FLIES INTO EDEN PRAIRIE 82395 $428.08 DYNA SYSTEMS CLEANING SUPPLIES WATER TREATMENT PLANT 82396 $124.27 EARL F ANDERSEN INC SIGNS TRAFFIC SIGNS 82397 $392.24 ECOLAB INC CONTRACTED BLDG MAINT FIRE STATION #2 82398 $527.18 EDEN PRAIRIE APPLIANCE OTHER EQUIPMENT EP CITY CTR OPERATING COSTS 82399 $2,048.00 EDEN PRAIRIE SCHOOL DISTRICT N SPECIAL EVENTS FEES SENIOR CENTER PROGRAM 82400 $350.00 EDINA, CITY OF CONST TESTING-SOIL BORING WATER SYSTEM SAMPLE 82401 $1,000.00 EKLUNDS TREE AND BRUSH DISPOSA. WASTE DISPOSAL TREE REMOVAL 82402 $10,648.54 ELECTION SYSTEMS & SOFTWARE IN OPERATING SUPPLIES-GENERAL ELECTION 82403 $822.44 ELK RIVER CONCRETE PRODUCTS REPAIR & MAINT SUPPLIES STORM DRAINAGE 82404 $3,894.00 EMBEDDED SYSTEMS INC CONTRACTED REPAIR & MAINT CIVIL DEFENSE 82405 $6,250.00 ESCOM SOFTWARE SERVICES LTD. OTHER CONTRACTED SERVICES INFORMATION SYSTEM 82406 $3,892.58 ESPRESSO MIDWEST INC FURNITURE & FIXTURES FURNITURE ACCOUNT 82407 $3,070.02 FACILITY SYSTEMS INC FURNITURE & FIXTURES FACILITIES-FUNITURE REPLACEMEN 82408 $1,875.00 FINLEY BROS INC CONTRACTED REPAIR & MAINT MILLER PARK 82409 $52.35 FLYING CLOUD ANIMAL HOSPITAL CANINE SUPPLIES POLICE 82410 $295.02 G & K SERVICES DIRECT PURCHASE CLOTHING & UNIFORMS EPCC MAINTENANCE 82411 $598.26 G & K SERVICES-MPLS INDUSTRIAL EQUIPMENT RENTAL PARK MAINTENANCE 82412 $62.96 GALLS INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82413 • $1,172.60 GARTNER REFRIGERATION & MFG IN REPAIR & MAINT SUPPLIES ICE ARENA 82414 $185.20 GENERAL SAFETY EQUIPMENT COMPA CONTRACTED REPAIR & MAINT FIRE 82415 $759.49 GENUINE PARTS COMPANY EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82417 $370.00 GIGOWSKI, TOM OTHER CONTRACTED SERVICES VOLLEYBALL 82418 $59.26 GINA MARIAS INC TRAINING SUPPLIES POLICE 82419 $23.33 GREG LARSON SPORTS OPERATING SUPPLIES-GENERAL ATHLETIC COORDINATOR 82420 $898.23 GUNNAR ELECTRIC CO INC OTHER CONTRACTED SERVICES PRAIRE VIEW LIQUOR #3 82421 $296.53 HARMON AUTOGLASS CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 82422 $8,736.84 HARTLAND FUEL PRODUCTS LLC MOTOR FUELS EQUIPMENT MAINTENANCE 82423 $240.00 HAWKINS WATER TREATMENT GROUP REPAIR & MAINT SUPPLIES ICE ARENA 82424 • $119.00 HEAVENLY HAM MISCELLANEOUS HUMAN RESOURCES 82425 $150.00 HENDERSON, JOSH OTHER CONTRACTED SERVICES ADULT OPEN GYM 82426 $864.31 HENNEPIN COUNTY SHERIFF'S OFFI BOARD OF PRISONERS SVC POLICE 82427 $122.50 HENNEPIN COUNTY TREASURER OPERATING SUPPLIES-GENERAL COMMUNITY DEVELOPMENT 82428 $294.50 HIGLEY, STEVE OTHER CONTRACTED SERVICES VOLLEYBALL 82429 $672.00 HOLMES, TOM OTHER CONTRACTED SERVICES VOLLEYBALL COUNCIL CHECK REGISTER 14-DEC-1999 (13 CHECK NO ' CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 82430 $2,080.00 HONEYWELL INC PREPAID EXPENSES WATER DEPT 82431 $83.87 HUMAN SERVICES - EMSOCS OTHER CONTRACTED SERVICES PARK MAINTENANCE 82432 $800.00 IACP NET/LOGIN PREPAID EXPENSES FD 10 ORG 82433 $127.00 IKON OFFICE SOLUTIONS* CONTRACTED REPAIR & MAINT GENERAL 82434 $312.10 INTERSTATE DETROIT DIESEL INC EQUIPMENT PARTS WATER SYSTEM MAINTENANCE 82435 $9.35 IOS CAPITAL RENTALS FIRE 82436 $171.00 ISAACS, GARY OTHER CONTRACTED SERVICES SOFTBALL 82437 $135.16 J J KELLER & ASSOCIATES INC SMALL TOOLS EQUIPMENT MAINTENANCE 82438 $59.71 JANEX INC CLEANING SUPPLIES EPCC MAINTENANCE 82439 $2,458.07 JEANE THORNE INC OTHER CONTRACTED SERVICES COMMUNITY CENTER ADMIN 82440 $111.94 JOHN HENRY FOSTER MINNESOTA IN CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 82441 $399.38 JOHNSON, CLARK CONTRACTED REPAIR & MAINT STARING LAKE 82442 $20.24 JUSTUS LUMBER COMPANY OPERATING SUPPLIES-GENERAL POLICE 82443 $114.00 KEN ANDERSEN TRUCKING PROFESSIONAL SERVICES ANIMAL WARDEN PROJECT 82444 $81,319.77 KILLMER ELECTRIC CO INC IMPROVEMENT CONTRACTS HOV BYPASS LANE VV RD AT 494 82445 $65.00 KLOECKNER, LINDA ADVERTISING COMMUNITY CENTER ADMIN 82446 $30,144.95 KOBER EXCAVATING IMPROVEMENT CONTRACTS CEDAR FOREST UTILITY CONSTRUCT 82447 $160.00 KOTTKE, MARY OTHER CONTRACTED SERVICES BASKETBALL 82448 $130.50 LAKE COUNTRY DOOR CONTRACTED BLDG REPAIRS FIRE STATION #5 82449 $116.56 LAKELAND FORD TRUCK SALES EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82450 $933.28 LAMETTRYS COLLISION CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 82451 $14,431.16 LANG PAULY GREGERSON AND ROSOW LEGAL SERVICE LEGAL COUSEL 82452 $349.72 LANO EQUIPMENT INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82453 $237.50 LANZI, LONNA OTHER CONTRACTED SERVICES PARK FACILITIES 82454 $88.40 LIONS TAP OPERATING SUPPLIES-GENERAL FIRE 82455 $19,039.57 LOGIS LOGIS SERVICE SEWER ACCOUNT 82456 $106.20 LYMAN LUMBER COMPANY BUILDING MATERIALS PRESERVE PARK 82457 $1,080.00 MAPLE GROVE, CITY OF . RENTALS POLICE 82458 $327.60 MAROTTA, VIC INSTRUCTOR SERVICE FALL SKILL DEVELOP 82459 $3,054.50 MARTIN-MCALLISTER PERSONNEL TESTING HUMAN RESOURCES 82460 $230.05 MAXI-PRINT INC PRINTING POLICE 82461 $186.32 MCGLYNN BAKERIES OPERATING SUPPLIES-GENERAL POLICE 82462 $736.00 MEDICINE LAKE TOURS SPECIAL EVENTS FEES ADULT PROGRAM 82463 $184.00 MEDTOX PROFESSIONAL SERVICES SAFETY 82464 $525.13 MENARDS OPERATING SUPPLIES-GENERAL FIRE STATION #1 82465 $66.97 MERLINS ACE HARDWARE REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 82466 $6,283.54 METRO SALES INCORPORATED* OFFICE SUPPLIES REC SUPERVISOR 82467 $195.00 METROPOLITAN AREA PROMOTIONS C ADVERTISING RECREATION ADMIN 82468 $166,480.00 METROPOLITAN COUNCIL ENVIRONME WASTE DISPOSAL SEWER UTILITY-GENERAL 82469 $211.07 METROPOLITAN FORD EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82470 $731.25 MICHELAN, JOHN OTHER CONTRACTED SERVICES SOFTBALL 82471 $463.88 MIDWAY INDUSTRIAL SUPPLY CO IN CONTRACTED REPAIR & MAINT FIRE 82472 $382.98 MIDWEST ASPHALT CORPORATION GRAVEL STREET MAINTENANCE 82473 $63,441.00 MIDWEST PLAYSCAPES PARK EQUIPMENT ROUND LK PARK K17 82474 $1,497.44 MINNESOTA BUSINESS FORMS OFFICE SUPPLIES GENERAL 82475 $663.65 MINNESOTA CONWAY REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 82476 $26.30 MINNESOTA POLITICAL PRESS DUES & SUBSCRIPTIONS COUNCIL 82477 $10,042.00 MINNESOTA VALLEY ELECTRIC COOP RENTALS STREET LIGHTING 82478 $5,703.67 MINNESOTA VIKINGS FOOD SERVICE MISCELLANEOUS GENERAL BUILDING FACILITIES 82480 . $161.76 MTI DISTRIBUTING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82481 $195.00 MULTILINGUAL TRAINING SERVICES PROFESSIONAL SERVICES POLICE 82482 $624.79 MUNICILITE NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 82483 $4,063.15 NATIONWIDE ADVERTISING SERVICE KENNEL SERVICE HUMAN RESOURCES 82484 $87.61 NORTH COUNTRY BUSINESS PRODUCT OPERATING SUPPLIES-GENERAL CONCESSIONS 82485 $266.84 OHLIN SALES OPERATING SUPPLIES-GENERAL GENERAL BUILDING FACILITIES COUNCIL CHECK REGISTER 14-DEC-1999 (13 CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 82486 $550.00 OXENDALE WOODS FURNITURE & FIXTURES LIQUOR STORE CUB FOODS 82487 $108.70 PAPER DIRECT INC OFFICE SUPPLIES GENERAL 82488 $22.79 PAPER WAREHOUSE OPERATING SUPPLIES-GENERAL FIRE 82489 $25.56 PARK SUPPLY INC REPAIR & MAINT SUPPLIES EP CITY CTR OPERATING COSTS 82490 $1,706.35 PEPSI COLA COMPANY MERCHANDISE FOR RESALE CONCESSIONS 82491 $36.94 POWER SYSTEMS EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82492 $4,139.08 PRAIRIE ELECTRIC COMPANY REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 82493 $188.00 PRAIRIE LAWN AND GARDEN EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82494 $883.39 PRAIRIE OFFSET PRINTING ADVERTISING COMMUNITY CENTER ADMIN 82495 $128.00 PRINTERS SERVICE INC REPAIR & MAINT SUPPLIES ICE ARENA 82496 $85.00 PRO SOURCE FITNESS CONTRACTED REPAIR & MAINT POLICE 82497 $217.80 PUSH PEDAL PULL CONTRACTED REPAIR & MAINT FIRE 82498 $11.75 QUICKSILVER EXPRESS COURIER POSTAGE GENERAL 82499 $91.81 QUINLAN PUBLISHING CO INC PREPAID EXPENSES FD 10 ORG 82500 $45.74 RDO FINANCIAL SERVICES CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82501 $1,338.78 RICMAR INDUSTRIES CHEMICALS PARK MAINTENANCE 82502 $148.35 ROADRUNNER TRANSPORTATION INC CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 82503 $113.42 SAFETY-KLEEN EQUIPMENT RENTAL PARK MAINTENANCE 82504 $117.15 SBSI INC OPERATING SUPPLIES-GENERAL GENERAL BUILDING FACILITIES 82505 $195.00 SCHEME, JILL OPERATING SUPPLIES-GENERAL SENIOR WEB SITE 82506 $4,445.00 SENIOR COMMUNITY SERVICES OTHER CONTRACTED SERVICES SENIOR WEB SITE 82507 $6,442.51 SHAKOPEE VALLEY PRINTING PRINTING COMMUNITY BROCHURE 82508 $1,591.21 SHORT ELLIOT HENDRICKSON INC DESIGN & CONST ARBOR GLEN DRAINAGE 82509 $1,070.62 SOUTHWEST SUBURBAN PUBLISHING- PRINTING GENERAL 82510 $157.50 SOUTHWEST SUBURBAN PUBLISHING- EMPLOYMENT ADVERTISING HUMAN RESOURCES 82511 $24.47 SPS COMPANIES REPAIR & MAINT SUPPLIES PARK MAINTENANCE 82512 $147.68 STITCH LAB, THE CLOTHING & UNIFORMS POLICE 82513 $200.00 STRASBURG, JOAN • OTHER CONTRACTED SERVICES BASKETBALL 82514 $459.60 STREICHERS NEW CAR EQUIPMENT EQUIPMENT MAINTENANCE 82515 $136.18 STRINGER BUSINESS SYSTEMS INC CONTRACTED REPAIR & MAINT GENERAL 82516 $210.09 SUBURBAN CHEVROLET GEO EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82517 $27.95 SUBURBAN PROPANE MOTOR FUELS EQUIPMENT MAINTENANCE 82518 $555.76 SUBURBAN TIRE & AUTO SERVICE I TIRES EQUIPMENT MAINTENANCE 82519 $130.00 SWEDLUNDS WASTE DISPOSAL STARING LAKE 82520 $2,428.88 SYSTEM CONTROL SERVICES CONTRACTED EQUIP REPAIR WATER TREATMENT PLANT 82521 $131.79 THERMOGAS COMPANY MOTOR FUELS ICE ARENA 82522 $378.81 THOMPSON MEDICAL SPECIALTIES SAFETY SUPPLIES FIRE 82523 $37.28 TIERNEY BROS INC OPERATING SUPPLIES-GENERAL SANTA FLIES INTO EDEN PRAIRIE 82524 $2,129.54 TIMBERWALL LANDSCAPING INC LANDSCAPE MTLS & AG SUPPL ROUND LK PARK K17 82525 $5,280.00 TREES INC OTHER CONTRACTED SERVICES REFORESTATION 82526 $39.68 TWIN CITY OXYGEN CO REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 82527 $37.19 TWIN CITY TIRE CONTRACTED REPAIR & MAINT EQUIPMENT MAINTENANCE 82528 $3,587.47 UNIFORMS UNLIMITED CLOTHING & UNIFORMS FIRE 82529 $54.08 UNLIMITED SUPPLIES INC EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82530 $166.14 US FILTER/WATERPRO REPAIR & MAINT SUPPLIES WATER METER REPAIR 82531 $605.56 US OFFICE PRODUCTS OFFICE SUPPLIES WATER UTILITY-GENERAL 82532 $39,497.96 VALLEY PAVING INC IMPROVEMENT CONTRACTS TRAFFIC SIGNAL-MITCHELL RD 82533 $2,060.00 VALLEY RICH CO INC CONTRACTED REPAIR & MAINT WATER SYSTEM MAINTENANCE 82534 $486.65 VIDEO SERVICE OF AMERICA VIDEO SUPPLIES POLICE 82535 - $411.84 W W GRAINGER INC REPAIR & MAINT SUPPLIES WATER SYSTEM MAINTENANCE 82536 $1,187.55 WATSON CO INC, THE MERCHANDISE FOR RESALE CONCESSIONS 82537 $165.00 WEATHER WATCH INC OTHER CONTRACTED SERVICES SNOW & ICE CONTROL 82538 $5.69 WEEKEND FREEDOM EQUIPMENT PARTS EQUIPMENT MAINTENANCE 82539 $84.41 WESTBURNE SUPPLY INC - PLYMOUT REPAIR & MAINT SUPPLIES EPCC MAINTENANCE 82540 $120.77 WESTSIDE EQUIPMENT SMALL TOOLS EQUIPMENT MAINTENANCE /D COUNCIL CHECK REGISTER 14-DEC-1999 (13 CHECK NO ' CHECK'AMOUNT VENDOR DESCRIPTION PROGRAM 82541 $609.26 WM MUELLER AND SONS INC WASTE DISPOSAL STORM DRAINAGE 82542 $300.33 WOLF CAMERA INC EMPLOYEE AWARD HUMAN RESOURCES 82544 $2,512.13 WORK CONNECTION, THE OTHER CONTRACTED SERVICES PARK MAINTENANCE 82545 $106.10 ZEP MANUFACTURING CO EQUIPMENT PARTS EQUIPMENT MAINTENANCE $1,200,785.22* • // • CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 21, 1999 SERVICE AREA/DIVISION: Public Safety/Inspections ITEM DESCRIPTION: ITEM NO.: Kevin Schmieg 2nd reading of an ordinance amending city code Chapter 5,relating to licensing. V I I I. 4. Requested Action Move to: Approve 2nd reading of an ordinance amending Chapter 5. Synopsis: The 1st reading of this Ordinance was approved on the Consent Calendar. It is staff's opinion that licensing as done by the city is of little practical benefit over what can be accomplished through registration. The registering of contractors instead of licensing will significantly simplify the process. General contractors doing residential projects are now required to have a state license. The state license with its controls and bonding provide a greater level of protection for homeowners than was ever achieved through the city's licensing efforts. Background Information Section 5.30 MECHANICAL AMUSEMENT DEVISES Repeal Section 5.30 Section 5.33 BUILDING CONTRACTOR Amend Section 5.33 to require commercial building contractors to register with the City in lieu of receiving a license. Commercial contractors will no longer be required to present proof of liability insurance. A survey of 10 neighboring communities indicated that only one is licensing commercial contractors. Section 5.41 GASFITTER Amend Section 5.41 to require gas fitters to register with the City in lieu of receiving a license. Gas fitters will no longer be required to provide proof of insurance or post a bond. Contractors will be required to provide proof of competency. Section 5.42 WATER SOFTENER/WATER FILTERING EQUIPMENT INSTALLERS Amend Section 5.42 to require installers to register with the city in lieu of receiving a license. Contractors will no longer be required to provide a surety bond. Installers are required to be a State licensed Plumber. Section 5.43 HEATING&VENTILATION Amend Section 5.43 to require HVAC contractors to register with the city in lieu of receiving a license. Contractors will no longer be required to present proof of liability insurance or post a bond. Section 5.44 INDIVIDUAL SEWAGE SYSTEM INSTALLERS Amend Section 5.44 to require sewage system installers to register with the city in lieu of receiving a license. Installers will no longer be required to post a bond. Sewage system installers are required to be licensed by the State. EXHIBIT A SUMMARY OF ORDINANCE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA REPEALING CITY CODE SECTION 5.30 RELATING TO MECHANICAL AMUSEMENT DEVICES AND AMENDING CITY CODE SECTIONS 5.33 RELATING TO BUILDING CONTRACTOR, 5.41 RELATING TO GASFITTER, 5.42 RELATING TO WATER SOFTENER AND WATER FILTERING INSTALLERS, 5.43 RELATING TO HEATING AND VENTILATION CONTRACTOR AND 5.44 RELATING TO INDIVIDUAL SEWAGE SYSTEM INSTALLERS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. _-99. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk: The ordinance repeals City Code Section 5.30 relating to mechanical amusement devices and amends City Code Section 5.33 eliminating licensing by, and requiring registration with, the City of building contractors; Section 5.41 eliminating the licensing by, and requiring registration with, the City of gasfitters; Section 5.42 eliminating licensing by, and requiring registration with, the City of water softener and water filtering equipment installers; Section 5.43 eliminating licensing by, and requiring registration with, the City of heating and ventilation installers; Section 5.44 eliminating licensing by, and requiring registration with, the City of individual sewage system installers and adopting by reference City Code Chapter 1 and Section 5.99 which, among other things, contain penalty provisions. 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 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99- A RESOLUTION APPROVING THE SUMMARY OR ORDINANCE NO._-99 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -99 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 21st day of December, 1999; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES,AND ORDERS AS FOLLOWS: A. Ordinance No. _-99 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. _-99, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. -99 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on December 21, 1999. Jean L. Harris, Mayor (Seal) ATTEST: Kathleen Porta, Clerk 3 CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions December 21, 1999 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Safety/Inspections 2nd Reading of a Code Amendment -Adoption of Kevin Schmieg Latest Edition of the Minnesota State Building U (I I, 6. co Requested Action Move to: Approve 2nd reading of an Ordinance amending City Code Section 10.01. Synopsis The first reading of this Ordinance was approved on the Consent Calendar. (The full test version of the Ordinance is under the 1st reading on the Consent Calendar.) This Ordinance adopts the most recent edition of the Minnesota State Building Code as amended in Minnesota Statutes 16B.59 to 16B.75 and 1998 Minnesota Rules 1300 to 1370. This amends the City Code to provide the rules needed to provide an acceptable level of construction standards for buildings in the City. Background Information This brings the City up to date with the most current building codes as adopted by the State. The newest plumbing and energy codes are also being adopted. EXHIBIT A SUMMARY OF ORDINANCE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 10.01 ADOPTING THE 1998 MINNESOTA STATE BUILDING CODE REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT USE, HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS AND/OR STRUCTURES AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. 48-99. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The ordinance amends City Code Section 10.01 adopting by reference the 1998 Minnesota State Building Code including certain optional provisions, providing for the fixing of fees for permits by resolution of the Council and incorporating by reference City Code Chapter 1 and City Code Section 10.99 which, among other things, contain penalty provisions. 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 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 99- A RESOLUTION APPROVING THE SUMMARY OR ORDINANCE NO._-99 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -99 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 21st day of December, 1999; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES,AND ORDERS AS FOLLOWS: A. Ordinance No. _-99 is lengthy and/or contains charts. B. The text of the summary of Ordinance No. _-99, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. -99 shall be recorded in the Ordinance Book, along with proof of publication,within twenty(20) days after said publication. ADOPTED by the City Council on December 21, 1999. Jean L. Harris, Mayor (Seal) ATTEST: Kathleen Porta, Clerk CITY COUNCIL AGENDA DATE: SECTION: Reports of Officers 12/14/99 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Resolution certifying the 2000 Local Transit Chris Enger Services tax levy. )(/I. ,3. 1. Requested Action Move to adopt resolution that Certifies the 2000 Local Transit Services tax levy to be $2,420,528. Background Information On June 15, 1999, the City Council declared their intent to exercise the Local Transit Services tax levy option for taxes payable in 2000. The preliminary levy totaling $2,420,528 was certified to the county auditor by September 15 in accordance with state statute. The final levy must be certified to the county auditor by December 28. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99 - A RESOLUTION CERTIFYING THE 1999 LOCAL TRANSIT SERVICES TAX LEVY, COLLECTIBLE IN 2000 WHEREAS, the City Council has listened to public comment, and discussed the proposals and tax levy for the 2000 Local Transit Services Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sum of money be levied upon the taxable property in said City for Local Transit Services: Local Transit Services $ 2,970,022 Less HACA 454,788 Net tax capacity levy for certification $2,515,234 Less Fiscal Disparities distribution 94,706 Net tax collectible in 2000 $2,420,528 ADOPTED BY THE CITY COUNCIL DECEMBER 21, 1999. Jean L. Harris, Mayor ATTEST: Kathleen Porta, City Clerk 2000 FINAL LEVY CERTIFICATION State of Minnesota County of Hennepin City of Eden Prairie /, Kathleen Porta City Clerk of said City of Eden Prairie hereby certify that the following Resolution was passed by the Council of said City at a duly convened meeting held in said city on December 21 , 1999. On motion it was resolved that the following sums of money be raised by tax upon the taxable property in said City,for the following purposes for the current year: HACA CERTIFIED LEVY ITEM LEVY AMOUNT* I Hstd and Ag Credit Aid LEVY (A) (B) (C) (D) (D=B-C) 1 Local Transit Service $ 2,970,022 $ 454,788 $ 2,515,234 2. 3. 4 5. 6. 7, 8. 9. 10. Total Tax Capacity Based Levy $ 2,970,022 $ 454,788 $ 2,515,234 Market Value Based Referendum Levy(not subject to reduction by LGA and HACA) $_ *The levy amount by line item should already be reduced by Local Government Aid(LGA)and other resources used to finance your City's budget I further certify that!have compared the foregoing with the original entry of the minutes of the Meeting so held December 21 , 1999 as the same are recorded in the Book of Records of said City, and that the same is a correct transcript therefrom. Given under my hand this day of , 1999. City Clerk CITY COUNCIL AGENDA DATE: 12/14/99 SECTION: Reports of Officers SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Resolution Certifying the 2000 property tax levy, Chris Enger collectible in 2000, and adopting the 2000 General Budget pl. Q. . Requested Action Move to adopt a resolution that: 1. Certifies the 2000 net property tax levy to be $19,733,603; 2. Accepts the proposed 2000 budget of $27,062,627 as reviewed by the Council on December 6, 1999. Background Information On September 7, 1999, the Eden Prairie City Council adopted resolutions certifying the proposed 2000 City property tax levy. Calculations for the City show the certified levy against tax capacity to be $19,932,474 after deducting the proportionate share of HACA for the various levy items. There is also a market value levy of$619,000 proposed for 2000. The City considers its total net levy to be the amount further reduced by the Fiscal Disparities distribution ($817,871). Accordingly, the City's resolution shows a net levy on tax capacity of $19,114,603, and a market value levy of$619,000, for a total net levy of$19,733,603. According to state statute, the final levy amount must be certified to the county auditor by December 28, 1999. City Council adoption of the final levy and budget will complete this process. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 99 - A RESOLUTION CERTIFYING THE 1999 TAX LEVY, COLLECTIBLE IN 2000, AND ADOPTING THE 2000 GENERAL FUND BUDGET WHEREAS, the City Council has reviewed the budget recommended by the City Manager, listened to public comment, and discussed the proposals and tax levy for the 2000 General Fund Budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City the following purposes: Taxes to be levied against tax capacity General Fund $18,465,600 Equipment Revolving Fund 580,000 Bonds and Interest 1998 Equipment Certificates 150,000 1995 Improvement Refunding Bonds 500,000 1995 Building Refunding Bond 249,000 1998A Improvement Refunding Bonds 678,000 $20,622,600 Less HACA 690,126 Net tax capacity levy for certification $19,932,474 Less Fiscal Disparities distribution 817,871 Net tax collectible in 2000 $19,114,603 Taxes to be levied against market value 1992 & 1993 Park Bonds $ 449,000 1994 Open Space Bonds 170,000 Market value tax levy for certification $ 619,000 Total net tax collectible in 2000 $19,733,603 Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 1). Resolution Certifying 1999 Tax Levy, Collectible in 2000, and Adopting the 2000 General Fund Budget BE IT FURTHER RESOLVED that the City Council declare its compliance with the "Truth-in- Taxation" requirements, having published a notice of Proposed Property Tax and Budget Hearing in the Eden Prairie News on December 2, 1999 and conducting the hearing on December 6, 1999. BE IT YET FURTHER RESOLVED that, with the conclusion of the Proposed Property Tax and Budget Hearing process, the City Council approves the 2000 Budget for the General Fund and Debt Service Obligations totaling $27,062,627. Adopted by the City Council December 21, 1999 Jean L. Harris, Mayor ATTEST: Kathleen Porta, City Clerk v 2000 FINAL LEVY CERTIFICATION State of Minnesota County of Hennepin City of Eden Prairie i Kathleen Porta City Clerk of said City of Eden Prairie hereby certify that the following Resolution was passed by the Council of said City at a duly convened meeting held in said city on December 21 , 1999. On motion it was resolved that the following sums of money be raised by tax upon the taxable property in said City, for the following purposes for the current year. HACA CERTIFIED LEVY ITEM LEVY AMOUNT" (Hstd and Ag Credit Aid) LEVY (A) (B) (C) (D) (D=B-C) 1 General Fund $ 18,465,600 $ 669,110 $ 17,796,490 2 Eauip. Rev Fund 580,000 21,016 558,984 3. 1998 Equip. Cert. 150,000 150,000 4. 1995 Imp. Ref. Bonds 500,000 500,000 $. 1995 Bldg. Ref. Bonds 249,000 249,000 6. 1998A Imp. Ref. Bonds 678,000 678,000 7, 8. 9. 10. Total Tax Capacity Based Levy $ 20,622,600 $ 690,126 $ 19,932,474 Market Value Based Referendum Levy(not subject to reduction by LGA and HACA) $ 619,000 *The levy amount by line item should already be reduced by Local Government Aid(LGA)and other resources used to finance your City's budget I further certify that I have compared the foregoing with the original entry of the minutes of the Meeting so held December 21 , 1999 as the same are recorded in the Book of Records of said City, and that the same is a correct transcript therefrom. Given under my hand this day of , 1999. City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 1999,COLLECTED YEAR 2000 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual Levy* OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 1999/2000 1999/2000 G.O.Equipment Certificates 1998 12/15/98 $600,000 $150,000 $150,000 G.O.Park Bonds 1992A 07/01/92 $1,100,000 $98,855 $109,000 G.O.Park Bonds 1993A 05/01/93 $3,400,000 $328,597 $340,000 G.O. Open Space Bonds 1994A 08/01/94 $1,950,000 $159,197 $170,000 G.O. Building Refunding Bonds 1995 06/01/95 $1,680,000 $203,758 $249,000 G.O. Water&Sewer Refunding Bonds 1978 03/01/78 $6,150,000 $685,437 G.O.Improvement Bonds 1991B 09/01/91 $6,050,000 $322,350 G.O. Improvement Refunding Bonds 1991D 10/01/91 $7,235,000 $612,125 G.O.Building Refunding Bonds 1997A 06/10/97 $3,100,000 $703,815 $678,000 G.O. Improvement Refunding Bonds 1997B 06/09/97 $2,845,000 $143,472 G.O.Improvement Refunding Bonds 1995 06/01/95 $3,255,000 $500,000 $500,000 OUTSTANDING DEBT WITH NO REQUIRED LEVY H.R.A. Lease Revenue Bonds 1992A 08/01/92 $2,640,000 H.R.A. Lease Revenue Bonds 1993B 12/01/92 $9,760,000 H.R.A.Taxable Lease Revenue Bonds 1993C 12/01/92 $2,355,000 H.R.A.Lease Revenue Bonds 1993A 05/01/93 $1,415,000 G.O.Water and Sewer Refunding 1991C 09/01/91 $9,500,000 G.O.Water and Sewer Revenue Refunding 1991F 10/01/91 $3,125,000 G.O.Water and Sewer Refunding Bonds 1993C 05/01/93 $6,735,000 G.O. Improvement Bonds 1978 12/01/78 $500,000 G.O. State Aid Road Refunding Bonds 1991E 10/01/91 $420,000 G.O. State Aid Road Bonds 1992B 07/01/92 $1,940,000 G.O.Improvement Bonds 1993B 05/01/93 $2,695,000 G.O.Water and Sewer Revenue 1998A 04/21/98 $7,950,727 GRAND TOTAL $ 3,907,606 $2,196,000 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 469.001, et seq. as amended. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota. "Available Tax Increment" means 75% of the Tax Increment from Tax Increment Financing District No. 13. "Certificate of Completion" means the certification, in the form of the certificate contained in Schedule C attached to and made a part of this Agreement, provided to the Redeveloper pursuant to Section 4.3. of this Agreement. "City" means the City of Eden Prairie, Minnesota. "Construction Plans" means the plans, specifications, drawings and related documents necessary to secure the City zoning and planned unit development district review approval. "County" means the County of Hennepin, Minnesota. "Event of Default" means an action by the Redeveloper described in Section 7.1. of this Agreement. "Legal Counsel" means any firm of recognized legal counsel acceptable to the Authority and the Redeveloper. "Minimum Improvements" means the improvements which the Redeveloper will construct or remodel or cause to be constructed or remodeled on the Redevelopment Property, which improvements are described on Schedule E attached to this Agreement and as shown on the Site Plan. "Note" means the Limited Revenue Tax Increment Note in the principal amount of Ten Million Dollars ($10,000,000.00), in the form of Schedule D attached to this Agreement, and to 3 be made by the Authority payable to the order of the Redeveloper in accordance with Article III of this Agreement. "Opinion of Counsel" means the Opinion of Counsel attached as Schedule B to the Agreement executed by Legal Counsel. "Plan" means, collectively, the Tax Increment Financing Plan and Redevelopment Plan adopted by the City and Authority in connection with the creation of the Tax Increment District and the Project Area. "Project" means the Redevelopment Property and Minimum Improvements. "Project Area" means Redevelopment Project No. 5. "Redeveloper" means Eden Prairie Mall L.L.C., a Delaware limited liability company, and its successors or assigns. "Redevelopment Property" means the real property upon which the Minimum Improvements are to be constructed which real property is described in Schedule A of this Agreement. "Site Improvement Costs" means the costs of the improvements to be constructed on the Redevelopment Property by the Redeveloper as described in Schedule G of this Agreement. "Site Plan" means the plan attached hereto as Schedule F showing the proposed nature and location of the Minimum Improvements. "State" means the State of Minnesota. "Tax Increment" means only that portion of the real estate taxes paid with respect to the Redevelopment Property which is remitted to the Authority as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as amended. "Tax Increment District" means Tax Increment Financing District No. 13 created by the City and the Authority within the Project Area. "Termination Date" means the expiration date of this Agreement as described in Article IX. 4 "Unavoidable Delays" means delays which are beyond a party's reasonable control including without limitation, delays caused by any of the following: strikes, lockouts, actions of labor movements; casualties to the Minimum Improvements, the Redevelopment Property or the equipment used to construct the Minimum Improvements; governmental actions,judicial action commenced by third parties, citizen opposition or action affecting this Agreement; adverse weather conditions; acts of God; epidemics; fire; earthquake; flood; explosions; unusual action of the elements; invasion; insurrection; war; malicious mischief; condemnation; governmental restrictions; order of civil or military or naval authorities; embargoes; or the impossibility of obtaining materials. Specifically excluded are delays resulting from the Redeveloper's inability to obtain financing or the Redeveloper's lack of capital. 5 ARTICLE II Representations and Warranties Section 2.1. Representations 12y the Authority. The Authority makes the following representations as the basis for the undertaking on its part herein contained: (a) The Authority is a political subdivision of the State of Minnesota duly authorized and existing and is governed by a board of commissioners. The Authority has full right, power and authority to enter into this Agreement, execute and deliver the Note and carry out its obligations under this Agreement and the Note. (b) The Authority has created, adopted and approved the Project Area as required under the terms of the Act. (c) The Authority has created, adopted, and approved the Tax Increment District as required under the Tax Increment Act. (d) The Authority shall reimburse the Redeveloper for expenses, eligible for reimbursement under the Act, in accordance with the Plan and this Agreement. (e) The Authority shall make the Note payable to the Redeveloper in accordance with the provisions of this Agreement and to pledge tax increment generated by the Tax Increment District to the payment of the principal of and interest on the Note according to its terms. (f) The Authority has duly authorized the execution and delivery of this Agreement and the Note and the performance of its obligations hereunder and thereunder and neither the execution and delivery of this Agreement or the Note, the consummation of the transaction contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement or the Note is prevented, limited by or conflicts with or results in a breach of, the terms of any indebtedness, agreement or instrument of whatsoever nature to which the Authority is now a party or by which it is bound, or constitutes a default under any of the foregoing. Section 2.2. Representations and Warranties 12y the Redeveloper. The Redeveloper represents and warrants that: (a) Subject to Unavoidable Delays the Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). 6 !6 (b) Subject to Unavoidable Delays The Redeveloper will use its commercially reasonable efforts to obtain, in a timely manner, all required permits, licenses and approvals, and to meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (c) The Redeveloper is a limited liability company organized under the laws of the State of Delaware, is authorized to transact business in the State, has duly authorized the execution and delivery of this Agreement and the performance of its obligations hereunder and thereafter, and neither the execution and delivery of this Agreement, the consummation of the transaction contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms of any indebtedness, agreement or instrument of whatsoever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. (d) The construction of the Minimum Improvements, in the opinion of the Redeveloper, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future without the assistance provided by the Authority pursuant to this Agreement including but not limited to the enhancement of the rental income received by the Redeveloper from the Project. (e) The Redeveloper shall, using efforts consistent with and for time periods consistent with industry standards, lease the Minimum Improvements to tenants that are consistent with the operation of a first class regional mall such as Southdale, Ridgedale, Rosedale, Burnsville Center and Maplewood Mall. 7 /lp ARTICLE III Undertakings of Authority and Redeveloper Section 3.1. Reimbursement to Redeveloper for Site Improvement Costs. As consideration for the execution of this Agreement, the payment of the Site Improvement Costs, the construction of the Minimum Improvements by the Redeveloper and subject to the further provisions of this Agreement, the Authority shall deliver the Note and the Opinion of Counsel to the Redeveloper. The Note shall be dated, issued and delivered along with the Opinion of Counsel as soon as practicable but not more than 30 days following the execution and delivery of this Agreement. Section 3.2. Limitations on Undertaking of the City. (a) The Authority shall have no obligation to the Redeveloper under this Agreement to deliver the Note to the Redeveloper for the Site Improvement Costs if the Authority, at the time the Note is to be delivered, is entitled under Section 7.2. to exercise any of the remedies set forth therein as a result of an Event of Default which has not been cured. If the Authority has not exercised its remedies under Section 7.2. and if the Note is withheld due to an Event of Default which is later cured, such Note shall be delivered promptly after such Event of Default has been cured. (b) The Authority shall have no obligation to provide Note payments to the Redeveloper for the Site Improvement Costs nor to issue a Certificate of Completion unless the Redeveloper has submitted to the Authority sworn statement(s) in a form reasonably acceptable to the Authority signed by the authorized vice president of the Redeveloper's managing member to the effect that the Site Improvement Costs for which payment was made have been incurred in connection with the Construction Plans previously reviewed by the City or the Project budget previously reviewed by the Authority. Prior to its issuing the Certificate of Completion, the Authority shall have the right to audit the Project records and statements at the Redeveloper's offices during its normal business hours and upon the Authority providing reasonable notice. The Authority shall complete its audit within six months of its receiving the sworn statement(s). The Authority shall be deemed to have accepted the amounts for the Site Improvement Costs, assuming there is no Event of Default, when it issues a Certificate of Completion in accordance with Section 4.3. Section 3.3. Conditions Precedent to Payment of the Note. The Authority's obligation to make the Note payments shall be contingent upon the satisfaction by the Redeveloper of the following conditions precedent: 8 (a) The Redeveloper shall be in material compliance with all of the terms and provisions of this Agreement. (b) The Redeveloper shall have received a Certificate of Completion from the Authority, pursuant to Section 4.3. of this Agreement. (c) The Redeveloper shall have delivered to the Authority the documents required by Section 3.2.(b) above. 9 / V ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that, subject to Unavoidable Delays, it will construct the Minimum Improvements on the Redevelopment Property in accordance with the Construction Plans to be approved by the City in accordance with its customary procedures and regulations. Section 4.2. Completion of Construction. Subject to Unavoidable Delays, the Redeveloper shall have substantially completed the construction of the Minimum Improvements by December 31, 2001 and occupancy permits shall have been issued as provided in Section 4.3(c). All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in substantial conformity with the Construction Plans as submitted by the Redeveloper and approved by the City. The Redeveloper agrees for itself', it successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such successors and assigns, shall diligently prosecute to completion the development of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be completed within the period specified in this Section 4.2. of this Agreement. Section 4.3. Certificate of Completion. (a) Promptly after substantial completion of the Minimum Improvements in accordance with the provisions of this Agreement relating to the obligations of the Redeveloper to construct the Minimum Improvements (including the date for completion thereof as provided in Section 4.2) and the completion of any audit as provided in Section 3.2 of this Agreement, the Authority will furnish the Redeveloper with the Certificate of Completion so certifying. Such certification by the Authority shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. (b) If the Authority shall refuse or fail to provide the Certificate of Completion in accordance with the provisions of this Section 4.3. of this Agreement, the Authority shall, within twenty(20) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of this io if Agreement, or is otherwise in default. (c) The construction of the Minimum Improvements shall be deemed to be substantially completed when the Redeveloper and a new retail anchor located in the Minimum Improvements have each received an occupancy permit allowing for occupancy of their space in the Minimum Improvements from the City's building inspector, which permits shall not be unreasonably withheld and whose issuance shall be in accordance with all applicable law. ARTICLE V Tax Increment Section 5.1. Tax Increment Certification. Pursuant to the Plan, the Authority has pledged and shall appropriate the Available Tax Increment, subject to this Agreement, to the payment of the principal of and interest on the Note, said payment to be made in accordance with the terms and provisions as stated in the Note. 12 ARTICLE VI Prohibitions Against Assignment and Transfer. Indemnification Section 6.1. Prohibition Against Transfer of Property and Assignment of Agreement. The Redeveloper represents and agrees that prior to the issuance of the Certificate of Completion: (a) Except for leases to lessees of the Minimum Improvements and other portions of the Project and for the purpose of obtaining construction and/or permanent financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to the Project under this Agreement, and any other purpose authorized by this Agreement, the Redeveloper (except as so authorized) will not sell, assign, convey or otherwise transfer its rights or obligations under this Agreement and/or substantially all of the Project without prior written approval given by the Authority in its reasonable discretion. Such approval shall be deemed to have been given if the Authority has not responded specifying with particularity the reasons for any denial within 60 days of a written request by the Redeveloper for such approval. (b) The Authority shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper. (ii) Any proposed transferee, by instrument in writing reasonably satisfactory to the Authority, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Redeveloper under this Agreement and agrees to be subject to all of the conditions and restrictions to which the Redeveloper is subject. (c) The provisions of this Section shall not apply to the exceptions described in Section 6.1(a) nor to any sale, conveyance or other transfer or assignment made by the Redeveloper: (1) to any entity controlled by, controlling or under common control of the Redeveloper or General Growth Properties, Inc., a Delaware Corporation, (2) to an anchor tenant (who may purchase rather than lease a part of the Redevelopment Property) or (3) in conjunction with a mortgage foreclosure, either by advertisement or action or a deed in lieu thereof, or any transfer by any lender or its transferee from time to time. 13 Section 6.2. Release and Indemnification Covenants. (a) The Redeveloper covenants and agrees that the Authority, the City and their governing body members, officers, agents, servants and employees thereof shall not be liable for, and agrees to indemnify and hold harmless the Authority, the City and their governing body members, officers, agents, servants and employees thereof against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements, except for any loss resulting from gross negligence, willful or wanton misconduct of any such parties, and provided that the claim therefor is based upon the acts or omissions in whole or in part of Redeveloper or of others acting on the behalf or under the direction or control of Redeveloper. (b) Except for any gross negligence or willful misrepresentation or any gross negligence, willful or wanton misconduct of the following named parties, the Redeveloper agrees to protect and defend the Authority, the City and their governing body members, officers, agents, servants and employees thereof, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Minimum Improvements, and provided that in all cases the claim therefore is based upon the acts or omissions in whole or in part of Redeveloper or of others acting on the behalf or under the direction or control of Redeveloper. (c) The Authority, the City and their governing body members, officers, agents, servants and employees thereof shall not be liable for any damage or injury to the persons or property of the Redeveloper or its officers, agents, servants or employees or any other person who may be about the Redevelopment Property or Minimum Improvements due to any act of negligence of any person, other than the gross negligence and misconduct of the Authority or the City and their governing body members, officers, agents, servants and employees. (d) All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and not of any governing body member, officer, agent, servant or employee of the Authority in the individual capacity thereof. (e) The indemnification covenants made by Redeveloper in this Section 6.2. shall terminate upon the issuance of the Certificate of Completion; provided that said covenants shall continue to be effective thereafter with respect to all claims, whenever asserted, which are based on acts, omissions or other events which occurred prior to the issuance of the Certificate of Completion. Upon any assignment of this Agreement made after the issuance of the Certificate of Completion or otherwise in accordance with Section 6.1, the Redeveloper shall be released from its obligations in connection with the indemnification obligations set forth in Section 6.2, provided the assignee has assumed in writing all of the 14 Redeveloper's obligations contained in this Agreement. (f) Nothing in this section of this Agreement is intended to waive any municipal liability limitations contained in Minnesota Statutes, particularly Chapter 466. 15 4 ARTICLE VII Events of Default Section 7.1. Events of Default Defined. The following are Events of Default under this Agreement: (a) Subject to Unavoidable Delays the, failure of the Redeveloper to complete the Project substantially in conformance with the terms, conditions, and limitations of this Agreement which failure is not cured within the period of time set forth in Section 7.2. (b) Subject to Unavoidable Delays, failure by the Redeveloper in a timely manner to substantially observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement which failure is not cured within the period of time set forth in Section 7.2. (c) The Redeveloper shall: (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the United States Bankruptcy Code or under any similar federal or state law; or (ii) make an assignment for the benefit of its creditors; or (iii) admit in writing its inability to pay its debts generally as they become due; or (iv) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Redeveloper as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Redeveloper or of the Redevelopment Property, or part thereof shall be appointed in any proceeding brought against the Redeveloper and shall not be discharged within ninety (90) days after such appointment, or if the Redeveloper shall consent to or acquiesce in such appointment. 16 Section 7.2. Remedies on Default. In the event the Authority desires to exercise any of its rights or remedies as provided herein or otherwise available to the Authority at law or in equity, the Authority shall first provide written notice to Redeveloper setting forth with specificity and particularity the alleged default (the "Default Notice"). The Redeveloper shall have sixty (60) days from its receipt of a Default Notice to cure or remedy the default specified in the Default Notice, or such longer period as may be reasonably required to complete the cure as soon as reasonably possible under the circumstances provided the Redeveloper is acting with due diligence to cure the default. If following the Redeveloper's receipt of a Default Notice the Redeveloper does not cure or remedy the default therein specified within the time provided above, the Authority may take any one or more of the following actions at any time prior to the Redeveloper's curing or remedying the default: (a) Suspend its performance under this Agreement until it receives assurances from the Redeveloper, deemed reasonably adequate by the Authority in its sole discretion, that the Redeveloper will cure its default and continue its performance under this Agreement. (b) Terminate this Agreement. (c) Withhold the Certificate of Completion. Section 7.3. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either the Authority or the Redeveloper and thereafter waived by either the Authority or the Redeveloper, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 17 ab ARTICLE VIII Additional Provisions Section 8.1. Conflict of Interests. No member, official, or employee of the Authority shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. Section 8.2. Restrictions on Use. The Redeveloper shall not discriminate upon the basis of race, age, creed, sex, religion, national origin, marital status, status with respect to public assistance, disability, or sexual preference in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof. Section 8.3. No Third-Party Beneficiaries. There shall be no third-party beneficiaries to this Agreement. More specifically, the Authority enters into this Agreement, and intends that the consummation of the Authority's obligations contemplated hereby shall be, for the sole and exclusive benefit of the Redeveloper, and notwithstanding the fact that any other "person" may ultimately participate in or have an interest in the Project, or any portion thereof, the Authority does not intend that any party other than the Redeveloper shall have, as alleged third party beneficiary or otherwise, any rights or interests hereunder as against the Authority, and no such other party shall have standing to complain of the Authority's exercise of, or alleged failure to exercise, its rights and obligations, or of the Authority's performance or alleged lack thereof, under this Agreement. Section 8.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 8.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or transmitted by facsimile with the original delivered by any of the other means set forth in this Section 8.5, or delivered by a recognized overnight courier or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at: 18 Eden Prairie Mall L.L.C. General Growth Properties, Inc. 110 North Wacker Drive Chicago, IL 60606 Attn: Senior Vice President—Development With a copy to: Eden Prairie Mall L.L.C. General Growth Properties, Inc. 110 North Wacker Drive Chicago, IL 60606 Attn: General Counsel And with a copy to Redeveloper's lender if so requested in writing by the Redeveloper. or at such other address as the Redeveloper may, from time to time, designate in writing and forward to the Authority; and (b) in the case of the Authority, is addressed to or delivered personally to the Authority at: Housing and Redevelopment Authority City of Eden Prairie City Hall 8080 Mitchell Road Eden Prairie, MN 55344 Attention: City Manager With a copy to: Lang, Pauly, Gregerson & Rosow, Ltd. 1600 IBM Park Building 650 Third Avenue South Minneapolis, MN 55402-4337 Attn: Richard F. Rosow, Esq. Section 8.6. Counterparts. This agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. 19 Section 8.7. Legal Opinions. Upon execution of this Agreement, each party shall supply the other party with an opinion of its legal counsel to the effect that this Agreement is legally issued or executed by, and valid and binding upon, such party, and enforceable in accordance with its terms. Section 8.8. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Authority and the Redeveloper and their respective successors and permitted assigns. Nothing in this Agreement express or implied, shall give to any person, lessee, occupant or permitted purchaser under Section 6.1(c)(2), other than the parties hereto, and their respective successors and permitted assigns hereunder any benefit or responsibility or other legal or equitable right, remedy, claim or obligation under this Agreement. Section 8.9. Severability. In the event any provision of this Agreement shall be held invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. Section 8.10. Amendments and Modifications. This Agreement may not be effectively amended, changed, modified or altered unless consented to in writing by both the Authority and Redeveloper. Section 8.11. Estoppel Certificates. Upon request by the Redeveloper, the Authority within 7 business days shall execute an estoppel certificate identifying this Agreement and any amendments hereto, verifying that there is no Event of Default or event or condition that, with the giving of notice or lapse of time, or both, would constitute an Event of Default and, if applicable verifying that any transferee of the Redeveloper is a permitted transferee in accordance with the provisions of Article VI and such other information as Redeveloper may reasonably request. Section 8.12. No Warranty of Condition or Suitability. The Authority does not make any warranty either express or implied, as to the design or capacity of the Project, as to the suitability or operation of the Project, or as to the Redeveloper's purposes or needs. Section 8.13. Subordination. The Authority recognizes that the Redeveloper may require construction and/or permanent financing for the Minimum Improvements ("Improvement Loan") and that in order to do so, the lender will require a first mortgage or other lien ("Mortgage") on the Redevelopment Property which is prior to the rights of the Authority under this Agreement. The Authority agrees that at the time of the closing of an Improvement Loan it will enter into a subordination agreement in form and content acceptable to the lender. 20 ARTICLE IX Termination of Agreement Section 9.1. Termination=General. The Authority may terminate this Agreement as provided herein, and otherwise this Agreement shall terminate upon payment of the Note in accordance with its terms , but no such termination shall terminate any indemnification or other rights or remedies arising hereunder due to an act or omission or any Event of Default which occurred prior to such termination. Section 9.2. Termination= Specific. In the event the Redeveloper is unable to secure adequate financing to construct the Minimum Improvements or to secure anchor department store tenants or users, then the Redeveloper, at its option, may terminate the Agreement. If a termination occurs under this Section 9.2 then the Redeveloper and the City shall have no further obligation to each other except as provided in Section 9.1. Section 9.3. Form. Upon request by either the Redeveloper or the Authority, this termination shall be in a recordable form and executed by both the Redeveloper and the Authority. IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf by its duly authorized representatives, and the Redeveloper has caused this Agreement to be duly executed in its name and behalf by its duly authorized representative, on or as of the date of first above written. 21 30 Dated: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By Its Chairman And by Its Executive Director STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) On this day of , 199 before me, a notary public within and for Hennepin County, personally appeared and to me personally known who by me duly sworn, did say that they are the Chairman and Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a political subdivision of the State of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public Authority Signature Page - Redevelopment Contract 2s Dated: EDEN PRAIRIE MALL L.L.C., Delaware limited liability company BY: EDEN PRAIRIE MALL, INC., a Delaware corporation, a member By: Its: STATE OF ILLINOIS) )ss COUNTY OF COOK) On this day of , 199_before me, a notary public within and for County, personally appeared , the of Eden Prairie Mall, Inc., a Delaware corporation, a member of Eden Prairie Mall L.L.C., a Delaware limited liability company, and acknowledged the foregoing instrument on behalf of said limited liability company. Notary Public Redeveloper Signature Page - Contract for Private Redevelopment 23 SCHEDULE A DESCRIPTION OF REDEVELOPMENT PROPERTY Parcel Identification Numbers: 14-116-22-42-0009 14-116-22-42-0003 As shown on the map attached to this Schedule A. 24 33 SCHEDULE B OPINION OF COUNSEL $10,000,000.00 Taxable Limited Revenue Tax Increment Note (Eden Prairies Mall L.L.C.) Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota Hennepin County, Minnesota A. We have acted as legal counsel in connection with the issuance by the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"), of its Taxable Limited Revenue Tax Increment Note (Eden Prairie Mall L.L.C. Project), originally dated as of date of delivery, in the total principal amount of $10,000,000.00. B. For the purpose of rendering this opinion we have examined certified copies of certain proceedings taken by the Authority and the City of Eden Prairie, Minnesota (the "City") in the authorization, sale and issuance of the Note, including the form of the Note, and certain other proceedings and documents furnished by the Authority and the City. C. We have also made such investigations of law as we have deemed necessary as the basis for the opinions expressed herein. D. In making the foregoing examinations and in rendering this opinion, we assumed the geniuneness of all signatures on all documents, the authenticity of all documents submitted to us as originals, the conformity to the original documents of all documents submitted to us as copies and the authority of the person or persons who executed any such documents on behalf of any person or entity other than City or Authority. We have also assumed that the Redeveloper has all requisite power and authority to enter into and perform its obligations under the Contract for Private Redevelopment and such other documents to which it is a party. E. Whenever our opinion herein with respect to the existence or absence of facts is indicated to be based on our knowledge or awareness, it is intended to signify that during the course of our representation of City or Authority as herein described no information has 25 come to our attention which would give us actual knowledge of the existence or absence of such facts. F. Our opinion on the enforceability of the Note is limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforceability or creditors' rights and general principles of equity (including without limitation the concepts of good faith and fair dealing). G. We express no opinion as to the availability of any remedy of specific performance, injuctive relief or other equitable remedy. H. The opinions expressed herein are based solely on the laws of the State of Minnesota. I. These opinion are given solely to the Redeveloper and its successors, assigns and participants (if any) and may not be relied upon by any other person or in connection with any other transaction. This opinion may not be quoted or copied without our prior written consent. J. We undertake no obligation to revise or supplement these opinions should any law in effect be changed by legislative action,judicial decision or otherwise. K. From our examination of such proceedings and other documents, assuming the genuineness of the signatures thereon, and based upon laws, regulations, rulings and decisions in effect on the date hereof, it is our opinion that: 1. The Note is in due form, has been duly executed and delivered, and is a valid and binding limited obligation of the Authority, enforceable in accordance with its terms, except as such enforcement may be limited by Minnesota or United State laws relating to bankruptcy, reorganization, moratorium or creditors' rights. Dated at , Minnesota, , 199_. 26 2, SCHEDULE C CERTIFICATE OF COMPLETION WHEREAS, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a Minnesota municipal corporation (the "Authority") and Eden Prairie Mall L.L.C., a Delaware limited liability company (the "Redeveloper"), have entered into a Contract for Private Redevelopment(the "Agreement") dated , 199_, regarding certain real property described on Exhibit 1 attached hereto (hereinafter referred to and referred to in the Agreement as the "Redevelopment Property"); and WHEREAS, the Agreement contains certain conditions and provisions requiring the Redeveloper to construct improvements upon the Redevelopment Property (hereinafter referred to and referred to in the Agreement as the "Minimum Improvements"); and WHEREAS, Section 4.3. of the Agreement requires the Authority to provide an appropriate instrument promptly after the substantial completion (as defined in the Agreement) of the Minimum Improvements so certifying said substantial completion; NOW, THEREFORE, in compliance with said Section 4.3. of the Agreement, this is to certify that the Redeveloper has substantially completed the Minimum Improvements in accordance with the conditions and provisions of the Agreement relating thereto (including the date for completion thereof), and this certification shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the dates for the completion thereof and that the Redeveloper has no further obligations under the Agreement except as provided in Sections 6.2, 8.2 and 9.3. 27 Dated: , 19 . HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By Its Chairman And by Its Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this day of , 199 before me, a notary public within and for Hennepin County, personally appeared and to me personally known who by me duly sworn, did say that they are the Chairman and Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a political subdivision of the State of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public 28 37 EXHIBIT 1 LEGAL DESCRIPTION 29 v SCHEDULE D NOTE US $10,000,000.00 _, 199_ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA TAXABLE LIMITED REVENUE TAX INCREMENT NOTE (EDEN PRAIRIE MALL, L.L.C. PROJECT) The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"), for value received, promises to pay to the order of Eden Prairie Mall L.L.C., a Delaware limited liability company, its successors and assigns (the "Owner") the maximum principal sum of Ten Million Dollars ($10,000,000.00), in semiannual installments on February 1 and August 1 of each year, commencing August 1, 2002 to and including February 1, 2018 (each being a "Scheduled Payment Date") together with interest on the outstanding and unpaid balance of such principal sum from January 1, 2000 until said principal sum is paid at the rate of eight percent(8.00%) per annum. Interest on the outstanding balance of this Note shall accrue from January 1, 2000 and shall be added to the principal each February 1 and August 1 unless paid. Installments of principal and interest due on each Scheduled Payment Date shall be in the amounts described below. Any such installment payments on this Note shall be applied first to interest and then to reduction of outstanding principal. In the event interest due on this Note as of any Scheduled Payment Date is more than the installment payment actually made on such date, the unpaid interest shall be added to the outstanding unpaid principal balance hereof and shall bear interest at the rate of 8.00%per annum. Upon 30 days' prior written notice from the Authority to the Owner, the Principal Amount is subject to prepayment at the option of the Authority in whole or in part August 1, 2002 and on each February 1 and August 1 thereafter. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at its postal address within the United States which shall be designated from time to time by the Owner. 30 39 The Note is a special and limited obligation and not a general obligation of the Authority, which has been issued by the Authority pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 469.178, subdivision 4, to aid in financing a project, as therein defined, of the Authority consisting generally of defraying certain public redevelopment costs incurred and to be incurred by the Authority within and for the benefit of its Development District No. 1 THE NOTE IS NOT A GENERAL OBLIGATION OF THE AUTHORITY, THE CITY OF EDEN PRAIRIE (THE "CITY") OR THE STATE OF MINNESOTA (THE "STATE"), AND NEITHER THE AUTHORITY, THE STATE NOR ANY POLITICAL SUBDIVISION THEREOF SHALL BE LIABLE ON THE NOTE, NOR SHALL THE NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN AVAILABLE TAX INCREMENT, AS DEFINED BELOW. The principal of and interest on this Note is due on any Scheduled Payment Date and is payable solely from, and only to the extent that the Authority shall have received as of such Scheduled Payment Date, Available Tax Increment which is defined on Exhibit 1 attached. The Authority shall pay on each Scheduled Payment Date to the Owner all Available Tax Increment. On February 1, 2018, the maturity date of this Note, any unpaid portion shall be deemed to have been paid in full provided that all Available Tax Increment has been paid to the Owner as provided in this Note. This Note shall not be payable from or constitute a charge upon any funds of the Authority, and the Authority shall not be subject to any liability hereon or be deemed to have obligated itself to pay hereon from any funds except the Available Tax Increment, and then only to the extent and in the manner herein specified. The Owner shall never have or be deemed to have the right to compel any exercise of any taxing power of the Authority or of any other public body, nor to enforce payment thereof against any property of the Authority or other public body other than that expressly pledged herein for the payment of this Note. Neither the Authority nor any director, commissioner, council member, board member, officer, employee or agent of the Authority, nor any person executing or registering this Note shall be liable personally hereon by reason of the issuance or registration hereof or otherwise. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the Authority outstanding on the date hereof and on the date of its actual issuance and delivery, does not 31 171v cause the indebtedness of the Authority to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the Authority has caused this Note to be executed by the manual signatures of its Chairman and Executive Director and has caused this Note to be dated , 199_. By By Its Chairman Its Executive Director 32 CERTIFICATE OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on the day of , 199_, was on said date registered in the name of Eden Prairie Mall, L.L.C., a Delaware limited liability company, and that, at the request of said Owner of this Note, the undersigned has this day registered this Note as to principal and interest on the Note in the name of such Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. Name of Date of Signature of Registered Owner Registration Executive Director , 199 Eden Prairie Mall L.L.C. a Delaware limited liability company 33 EXHIBIT 1 "Available Tax Increment" means 75% of the Tax Increment from Tax Increment Financing District No. 13. "Tax Increment" means only that portion of the real estate taxes paid with respect to the Redevelopment Property which is remitted to the Authority as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as amended. "Tax Increment District" means Tax Increment Financing District No. 13 created by the City and the Authority within the Project Area. • 34 �3 SCHEDULE E MINIMUM IMPROVEMENTS 1. Add a new approximately 140,000 square foot building on the West side of the mall between Target and Sears. The new building will include a 14 screen (approximately 3000 seats) United Artists Theater building on the upper level and approximately 4 retail and restaurant spaces on the lower level. 2. A new 160,000 square foot Von Maur department store on the East side of the mall between Kohl's and Mervyn's. 3. Construction of a new food court on the upper level of the mall opposite the entrance to the theater. The new food court will have approximately 8 to 10 food units and seating for 700 to 800 people. 4. Construction of an approximately 600 car parking deck adjacent to the new Von Maur building. 5. A comprehensive remodel of the mall common area to bring the common area to a level consistent with other first class regional malls. The remodel will include but not be limited to items such as new floor, new skylights, new handrail, increased lighting, new mall amenities, and interior graphics and signage. 6. Installation of a comprehensive site signage program including the following: - One to two large mall identification pylon signs. - Monument signs at each mall entrance. - Directional signs throughout the parking lot. - Interior directional signs. 7. Construction of up to 5,000 square feet, as determined by the City, of floor area for the City to use (the "City Space") for functions compatible with Shopping Center uses and in accordance with all applicable laws and the standard shopping center lease used by the Redeveloper for this Project. Examples of permitted uses include art center, adult education, post office, remote city services (such as bill payment center, distribution of information with respect to City services). The City Space will be leased by the Redeveloper to the Authority or the City for a fifteen year term with one five year renewable option. The lease for the City Space will require that the City or the Authority pay $1.50 per square foot with a maximum payment of$7,500 per year which shall be allocated by landlord (Redeveloper) to common area or other expenses. 35 PIPPP Developer shall turn over the space in a condition ready for City to complete and fixture. Developer's responsibilities shall be limited to the following improvements: Demising wall construction shall be 3-5/8"metal studs 16" o.c. with one layer of 5/8" gypsum wall board. Demising walls shall extend from the existing concrete floor slab to the underside of the space above. Demising walls shall be taped and sanded smooth ready for paint. Existing concrete floor to remain and be in broom clean condition. Developer to provide all utility services to the rear of Tenant's space. Tenant will be responsible for all distribution. Electrical service will be a minimum of 200 amps. Telephone service will be an empty one inch conduit with pull string. All interior finishes will be by City including: Suspended ceilings Lighting HVAC Plumbing Storefront entry Floor and wall finishes All Tenant fixtures, furnishings and equipment An allowance of$25.00 per square foot for tenant improvements not to exceed the sum of$125,000. The City shall have five years from the date of this Agreement to lease the City Space or the obligations imposed on the Redeveloper by this Paragraph 7 shall lapse and this Paragraph 7 shall have no further force or effect. 36 SCHEDULE F SITE PLAN 37 SCHEDULE G SITE IMPROVEMENT COSTS Site Improvement Costs include the following types of expenses for the Redevelopment Property incurred by the Redeveloper: Demolition/Site Clearance/Relocation Expenses (including the direct and indirect costs of relocating the anchors and mall tenants Grading/Back Filling/Compaction of Fill including preparation of road right-of-way Erosion Control/Silt Fence Paving Parking Facilities Retaining Walls Soil Corrections Landscaping and Sprinklers (per City requirements) Testing and Environmental Well Capping Curb Cuts and Aprons Interest Costs (at 8%per annum, on all expenses from time they are incurred) Supervision Contractor's Fee Inspection Fee Customary Overhead (limited to allowable costs) Environmental Costs Environmental Assessments Environmental Work Programs Environmental Abatement/Cleanup Environmental Wet Lands/Biologist Consultant's Fees Architectural/Design Fees (Site only) Engineering Fees (Site only) Financial Consulting Legal and Title for Redeveloper Legal/Bond Counsel Preparation or Modification of Redevelopment Plan, Tax Increment Financing Plan, Contract for Private Redevelopment Contingency Flag Poles/Signage/Amenities Fences Tree Removal Ponding/Storm Water Retention/Storm Sewer 38 Boulevard Trees/Sprinklers Water Lines Streets/Street Furniture/Street Amenities Traffic Control (lights and signs) Miscellaneous Public Right-Of-Way Costs (lighting, entry, driveway aprons, curbs, sidewalks, boulevard, berms) Sanitary Sewer Acquisition Cost of the Redevelopment Property Code Deficiencies The following further describes the Site Improvement Costs listed above: Demolish existing Sears building and portion of mall gross leasable area Asbestos and environmental remediation Relocation costs for mall tenants including replacement of tenant fixtures Relocation costs for food court including replacement of tenant fixtures Tenant Relocation and fixturing costs All site preparation work including design & engineering New exterior monument and directional signage Fees G:\WPDATA\H\HOMART\1\DOC\CONTRACT CLEAN 12-12-99.DOC 39 �/8