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Home My WebLink AboutCity Council - 09/01/1998AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 1,1998 CITY COUNCIL: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher- Y ounghans, Ronald Case, Ross Thorrmnson, Jr., and Nancy Tyra- Lukens City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Planner Michael Franzen, City Attorney Roger Pauly, and Council Recorder Jan Nelson I. APPROV AL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM ill. MINUTES A. CITY COUNCIL/STAFF BUDGET WORKSHOP HELD TUESDAY. AUGUST 18. 1998 B. CITY COUNCIL MEETING HELD TUESDAY. AUGUST 18. 1998 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION APPROVING FINAL PLAT OF MOUNT PLAT FOUR C. RESOLUTION APPROVING FINAL PLAT OF PRAIRIE CROSSROADS CORPORATE CENTER D. BEST BUY CAMPUS -PHASE 3 by Best Buy Company. 2nd Reading of the Ordinance for PUD District Review to the overall Best Buy PUD & Zoning District Change from Rural to 1-2 on 4.3 acres and adopt the CITY COUNCIL AGENDA September 1, 1998 Page 2 Resolution for Site Plan Review on 4.3 acres. Location: 7075 Flying Cloud Drive. (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) E. REALIFE VALLEY VIEW COOPERATIVE by Realife, Inc. 2nd Reading of the Ordinance for Planned Unit Development District Review on 3.6 acres with waivers and Zoning District Change from Rural to RM-2.5 on 3.6 acres and Adopt the Resolution for Site Plan Review on 3.6 acres. Location: South side of Smetana Lane (Ordinance for PUD District Review and Zoning District Change and Resolution for Site Plan Review) F. HOME DEPOT AND PRAIRIE CROSSROADS CORPORATE CENTER by CSM Corporation and Home Depot. 2nd Reading of the Ordinance for PUD District Review on 27.2 acres and Rezoning from Rural to Commercial Regional Service on 12.96 acres and from Rural to 1-2 Industrial on 7.26 acres and Adopt the Resolution for Site Plan Review on 27.2 acres. Location: Valley View and Prairie Center Drive. (Ordinance for PUD District Review and Rezoning and Resolution for Site Plan Review) G. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT OF BIDS FOR FULLER ROAD STORM SEWER IMPROVEMENTS, I.C. 98-5461 H. RESOLUTION AWARDING CONTRACT FOR PIONEER TRAIL SANITARY SEWER AND WATER, I.C. 98-5458 I. AWARD BID FOR SITE IMPROVEMENT TO THE EDEN PRAIRIE COMMUNITY CENTER J. CONTINUE PARTICIPATION IN THE LIVABLE COMMUNITIES PROGRAM (RESOLUTION) K. RESOLUTION APPROVING AMENDMENT TO AGREEMENT WITH MPLS PUBLIC HOUSING AUTHORITY AND MEMORANDUM OF UNDERSTANDING WITH METRO COUNCIL HRA L. SET COUNCIL/STAFF WORKSHOP FOR TUESDAY, SEPTEMBER 15, 1998 AT 5:00 PM ON FEE PHILOSOPHY & POLICY M. SET COUNCIL/STAFF WORKSHOP FOR TUESDAY, OCTOBER 6, 1998 AT 5:00 PM FOR INFORMATION & DISCUSSION ON ENTERPRISES. LIQUOR & UTILITY CITY COUNCIL AGENDA September 1, 1998 Page 3 N. ESTABLISH 7:00 PM AS THE OFFICIAL MEETING TIME FOR CITY COUNCIL MEETINGS BEGINNING JANUARY 1. 1999 O. APPROVE RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY AND THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE: ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE P. ADOPT PROCLAMATION COMMENDING OPTIMIST CLUB OF EDEN PRAIRIE FOR TWENTY YEARS OF SERVICE TO COMMUNITY V. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE CITY CENTER AND FIRE STATION by City of Eden Prairie. Request for Planned Unit Development Concept Amendment on 30 acres, PUD Zoning District Review on 30 acres, Zoning District Amendment in the 1-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. (Resolution for Planned Unit Development Concept Amendment, Ordinance for PUD Zoning District Review and Zoning District Amendment} B. GUSTAFSON SUBDMSION by Jeffrey Gustafson. Request for Preliminary Plat of 2.32 acres into 2 single family lots. Location: 13241 Holasek Lane. (Resolution for Preliminary Plat) C. CROSSTOWN CIRCLE CENTRE by Continental Property Group. Request for Planned Unit Development Concept Review on 10.92 acres, Planned Unit Development District Review on 10.92 acres, Zoning District Amendment in the Office Zoning District on 10.92 acres and Site Plan Review on 10.92 acres. Location: Crosstown Circle. (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS A. RESOLUTION CERTIFYING PROPOSED 1999 PROPERTY TAX LEVY, ACCEPTING PROPOSED 1999 BUDGET, AND SETTING DATE(S) FOR TRUTH-IN-TAXATION HEARING(S) CITY COUNCIL AGENDA September 1, 1998 Page 4 B. RESOLUTION CERTIFYING PROPOSED 1999 LOCAL TRANSIT SERVICES TAX LEVY AND SETTING DATE(S) FOR TRUTH-IN- TAXATION HEARING(S) VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION Councilmember Tyra-Lukens will bring the Council up-to-date on the Southwest Metro Transit Commission. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Award Contract for Phase 1 Construction of Fire Station C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT III. 4. CITY COUNCIL/STAFF WORKSHOP 1999 PROPOSED BUDGET TUESDAY, AUGUST 18, 1998 5:00 PM, CITY CENTER Heritage Room II 8080 Mitchell Road CITY COUNCIL MEMBERS: Mayor Jean Harris, Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Finance Director Don Uram, Director of Human Resources and Community Services Natalie Swaggert, Director of Public Works Eugene Dietz, Director of Parks, Recreation & Natural Resources Bob Lambert, Chief of Police Jim Clark, Director of Inspections Kevin Schmieg, Director of Assessing Steve Sinell, Facilities Manager Barb Cross, Lead Accountant Sue Kotchevar, Fire Chief Spencer Conrad, and Recording Secretary Jan Nelson ROLLCALL I. CALL MEETING TO ORDER Mayor Harris called the meeting to order at 5 :05 PM. All Councilmembers were present.. II. 1999 PROPOSED BUDGET A. Presentation of Budflet Information and Assumptions Enger reviewed four reorganization goals: I) Build on existing cores; 2) Align service areas to best meet customer needs; 3) Maximize staff "time and talent"; 4) Optimize use of technology to enhance productivity and customer service. He explained the Functional Chart of services alignment with the five service areas consisting of Management Services, Public Works Services, Public Safety Services, Park and Recreation Services, and Community Development and Financial Services. He noted that the Budget Team worked with the five service area managers to prepare the budget. Enger said there are several challenges for the service areas including facility modification in order to share resources and simplify the delivery of services, expanded use of cross-functional project teams, and creative use of technology and shared databases. CITY COUNCIL/STAFF WORKSHOP MINUTES August 18, 1998 Page 2 Referring to the Workshop handout, Enger noted there will probably need to be another workshop to deal with the Enterprise Funds. The preliminary budget level will be set at the first Council meeting in September. He suggested that a workshop be held to discuss the setting of fee resolutions and that it be held in September in order to match the timing of the budget. He reviewed the four objectives for the budget: 1) Minimize tax impacts; 2) Maintain current service levels; 3) Ensure balanced budget model (look beyond the current year); and 4) Provide funding for the Capital Improvements Program (CIP). He said the 1999 Proposed Budget complies with levy limits, reflects reduction in debt service, provides minimum additional staff and includes $800,000 of capital expenditures. Tyra-Lukens asked what the current levy limit is. Enger said it is just above 6%. Dram reviewed the revenue and expenditure projections. He noted the tax impact on an average value property will be minimal. There is a budget shortfall of about $350,000 with the projections. The expenditures proposed for 1999 include payroll adjustments as a separate line item, while the 1998 figures include payroll adjustments within each of the departments. Swaggert reviewed the payroll and personnel adjustments. She said the General Fund wage base is the City Wage Base of $9 million. Contract employees are on the step system, and almost all have been set up on a five-year path. The Pay Equity/Merit employees adjustment is 3%, with 2.5% on top ofthat for Pay Equity. She reviewed the new positions to be added and noted that any new positions will be reviewed against the Critical New Position questions on page 12. Tyra-Lukens asked if the personnel adjustments include benefits. Swaggert said benefits are addressed in another section of the budget. Regarding the Liquor Fund, Dram said they need to fill a Liquor Operations Manager position that would be a step up from the Store Manager position. They also want to implement a system of inventory control, so they will need to add an inventory control clerk. Enger reviewed the Summary of Capital Requests. The $310,000 for Facilities is for remodeling to accommodate the service area realignment and $80,000 is for ADA improvements and some Garden Room improvements. Lambert said the Parks request includes $50,000 for playground equipment at the Preserve, while the $83,500 for the Community Center includes entrance doors, rink improvements, a phone-in registration system and golf facilities to set up a pennanent net system and chipping and putting courses. Clark said the Public Safety request is for a civil defense siren, fire equipment, radar replacement and additional cars. Tyra-Lukens asked if we have defibrillators for all first response people, per the goal of Hennepin County Community Health. Clark said we switch them from CITY COUNCIL/STAFF WORKSHOP MINUTES August 18, 1998 Page 3 car to car now, because they need to be kept wanu. He said any unifonued patrol officer would have one. Dietz said the Public Works request includes $125,000 for trail replacement and expansion and emergency pre-emption equipment for six signals. It also includes an elevator at the maintenance facility. Butcher-Younghans asked if there are any funds available from the Federal government to cover the ADA requirements. Uram was not aware of any. Swaggert said there was some relief given in tenus of relaxed standards after ADA was implemented. B. Discussion of Budget Scenarios Enger reviewed the Budget Options. Thorfinnson said the first point under Option 1 is a surplus, not a savings, and would mean putting $491,000 into a capital savings account. He asked ifthere are any minimum amounts that could not be transferred to a CIP. Enger said there is $1.5 million in capital requests in the 1999 budget, $844,500 of which is above the nonual expenditure. Harris thought such things as adding police cars are a cost of doing business and some items may have a higher priority than others. Uram said the $844,500 are those type of capital expenditures that would fit into a CIP. Enger said he was hearing some discussion about not transferring items that are part of doing business. He said they can go back through the list to detenuine critical operation items, and also put a filter against the requested positions. He said the budget will balance if we remove $353,000 out of it. Dietz said he understood that we would fund capital improvements to the $491,000 level next year, the exact nature of which would not be detenuined until the CIP is completed. Thorfinnson thought it makes sense to remove $844,500 to give an incentive to complete the CIP, with the final decisions to be left to the service areas. He thought there may be other sources of revenue that would come along, but he liked the idea of putting $491,000 into a capital savings account because it gets us one step closer to creating a fund. We can start to put money away for capital expenditures and we will have the CIP to work from. We can look at on-going capital expenditures and detenuine how this year fits in that plan. Harris said she also likes Option No.1 because it starts the process in tenus of future bUdgeting. CITY COUNCIL/STAFF WORKSHOP MINUTES August 18, 1998 Page 4 Enger reviewed the Assumptions for the Budget Model Projections, noting we will be short about 1200 housing units from the projections in southwest Eden Prairie, which creates a disparity in the budget model. We are also not planning on the levy limits continuing. Uram then reviewed the Budget Model Projections which show a 5% increase in taxes for the year 2000 on a median single family house. Enger thought we may want to make some multi-year decisions to even out increases in taxes. Thorfinnson thought realistically we can't always not have a surplus or a deficit. We need to set up reserves so we don't have to put the burden on the taxpayer. Dietz said there will need to be a 5% per 1000 gallon increase in the water rate in order to maintain the Utility Fund balance of $1 million. Enger then reviewed the Utility Operations Proposed Budget. Uram said we can do a Financial Ratio Analysis on the Liquor Fund because we have some sales and can establish benchmarks. They are proposing a transfer of $420,000 from Liquor Operations to the General Fund. C. Final Direction for Preparin~ 1999 Bud~et In review, Harris said the Council gave direction regarding Option 1 and reviewing items in the capital budget for appropriateness. Enger said he understood that the Staff positions should be evaluated against the proposed critical questions. There would be $353,000 transferred out so that the budget balances. Thorfinnson thought we have made tremendous strides in the budget process in the last three or so years. The Council has been elevated to a long-term planning position and away from squabbling about nickels. Enger said Staff agrees with that assessment, and he believes the most recent change engaging five service area directors as a Management Team will move us to a more team oriented approach and will cause us to look at the whole process together. III. OTHER BUSINESS IV. ADJOURNMENT Mayor Harris adjourned the meeting at 6:30 PM. rrr ___ b. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 18, 1998 CITY COUNCIL: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Planner Michael Franzen, City Attorney Roger Pauly, and Council Recorder Jan Nelson Mayor Harris called the meeting to order at 7:30 PM. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Agenda as published. Motion carried 5-0. II. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 4,1998 MOTION: Case moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council meeting held Tuesday, August 4, 1998. Motion carried 4-0-1, with Harris abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RIVERVIEW BLUFFS by Laukka-Jarvis, Inc. 2nd Reading of Ordinance 20- 98-PUD-14-98 for Planned Unit Development District Review on 28.32 acres and Zoning District Amendment in the RI-13.5 Zoning District on 28.32 acres. Location: Riverview Bluffs (Ordinance 20-98-PUD-14-98 for PUD District and Zoning District Amendment) I CITY COUNCIL MINUTES August 18, 1998 Page 2 C. OAK HOLLOW by MSS Holdings, LLC. 2nd Reading of Ordinance 21-98 for Zoning District Amendment within the RI-22 Zoning District on 3.6 acres. (Ordinance 21-98 for Zoning District Amendment) D. ADOPT RESOLUTION 98-140 APPROVING FINAL PLAT OF RIVERVIEW BLUFFS E. ADOPT RESOLUTION 98-141 APPROVING APPOINTMENT OF ELECTION JUDGES FOR 1998 PRIMARY & GENERAL ELECTIONS F. ADOPT RESOLUTION 98-142 AMENDING FEE RESOLUTION 98-1. SPECIAL EVENT LIQUOR FEE G. ADOPT RESOLUTION 98-143 APPOINTING RESPONSIBLE AUTHORITY IN ACCORDANCE WITH THE MINNESOTA DATA PRACTICES ACT H. ADOPT RESOLUTION 98-144 AWARDING CONTRACT FOR EDEN CROSSING FRONTAGE ROADS CONSTRUCTION, I.C. 93-5304 I. ADOPT RESOLUTION 98-145 AWARDING CONTRACT FOR BITTERSWEET TRAIL PROJECT, I.C. 98-5465 J. ADOPT RESOLUTION 98-146 AUTHORIZING FEASIBILITY STUDY FOR INTERSECTION IMPROVEMENTS AT TH212 AND PROPOSED NEW INDUSTRIAL STREET IN THE SOUTHWEST QUARTER OF SECTION 28, I.C. 98-5470 K. APPROVE INFORMAL PROFESSIONAL SERVICES PROPOSAL FROM WESTWOOD PROFESSIONAL SERVICES FOR DESIGN AND INSTALLATION OF ENGINEERING VEHICLE PRE-EMPTION EQUIPMENT ON TWENTY SIGNALIZED INTERSECTIONS, I.e. 98- 5472 L. AWARD CONTRACT FOR PREPARATION OF EDUCATIONAL VIDEO ON WATER-RELATED ISSUES MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve items A-L on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR FULLER ROAD STORM SEWER IMPROVEMENTS, I.e. 98-5461 (Resolution 98-147) CITY COUNCIL MINUTES August 18, 1998 Page 3 Enger said the official notice of this Public Hearing was published on August 6, 1998 in the Eden Prairie News. An office warehouse building is being constructed on an industrial site at the south end of Fuller Road. An extension of storm sewer to the south end of Fuller Road is required to provide an outlet for the storm water treatment facility that will serve this site. This storm sewer would also provide a future outlet for the undeveloped portion of the Birchwood Labs site at the south end of Fuller Road. Gray said the estimated costs are just over $60,000. The costs would be assigned to the two properties involved, with 70% of the cost assigned to the new building site and 30% to Birchwood Labs. If it is approved, they plan to construct the project in October. There were no comments from the audience. MOTION: Case moved, seconded by Thorfinnson, to close the Public Hearing; and to adopt Resolution 98-147 ordering improvements and preparation of plans and specifications for Fuller Road storm sewer improvements. Motion carried 5- o. B. VACATION 98-03: RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN DORENKEMPER ESTATES (Resolution 98-148) Enger said the official notice of this Public Hearing was published on August 6, 1998 in the Eden Prairie News. The developer of Settlers Ridge has requested the vacation of the underlying right-of-way and easements within Dorenkemper Estates to accommodate the replatting of the site. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 98-148 vacating the right-of-way and drainage and utility easements located within Dorenkemper Estates. Motion carried 5-0. c. VACATION 98-05: PART OF A DRAINAGE AND UTILITY EASEMENT OVER LOT 1, BLOCK 2, SOUTHGATE (Resolution 98-149) Enger said the official notice ofthis Public Hearing was published on July 30 and August 6, 1998 in the Eden Prairie News. The property owner has requested vacation of part of the easement over this parcel to allow the construction of a deck which would encroach into the easement. Dietz noted the storm water pond is no longer necessary. There were no comments from the audience. CITY COUNCIL MINUTES August 18, 1998 Page 4 MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the Public Hearing; and to adopt Resolution 98-149 vacating the drainage and utility easement over Lot 1, Block 2, Southgate. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve the Payment of Claims as submitted. Motion carried on a Roll Call vote with Butcher- Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Award Contract for Well No. 13, I.e. 97-5441 Referring to his memo of August 18, 1998, Dietz said the bid tabulation for construction of Well No. 13 resulted in the recommendation that the contract be awarded to Mark J. Traut Wells, Inc. in the amount of $116,250. There was a minor irregularity in the bid in that t contractor gave the bid to the consultant who arrived nine minutes late for the opening. Dietz discussed the irregularity with the City Attorney's office, and they believe it is a minor irregularity and should be waived. MOTION: Case moved, seconded by Thorfinnson, to award the contract· for construction of Well No. 13, I.e. 97-5441, to Mark J. Traut Wells, Inc. in the amount of$116,250.00. Motion carried 5-0. CITY COUNCIL MINUTES August 18, 1998 Page 5 Dietz noted Staff will return with the bids for the rest of the well equipment later this fall. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIII. ADJOURNMENT MOTION: Tyra Lukens moved, seconded by Butcher-Younghans, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 7:45 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 1, 1998 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance -Gretchen Laven Clerk's License Application List IV.A. These licenses have been approved by the department heads responsible for the licensed activity. CONTRACTOR CIRKS CONSTRUCTION DON'S SERVICE OF GOLDEN VALLEY INC FOUR SEASONS BUILDING LAKELAND MECHANICAL INC S & W PLASTICS INC SOUTH MECHANICAL CONTRACTORS INC WESTAIRINC LIQUOR TEMPORARY AMENDMENT TO LIQUOR LICENSE TO EXPAND THE PREMISES/Outdoor seating Innovative Restaurant Concepts, Inc. dba: Rio Bravo Cantina (See attached memo) September 1, 1998 1 MEMORANDUM TO: Gretchen Laven THROUGH: Lieutenant Dan Carlson FROM: Cpl Joyce Holte Conley DATE: August 24, 1998 SUBJECT: Liquor License Amendment for Rio Bravo I have reviewed Rio Bravo's request for a temporary amendment to their liquor license for a Mexican Independence Celebration on September 18, 1998. On 08/18/1998, I spoke with the general manager, Brandon Heinsohn and the manager, Jacques Phillippan. Both the manager and the general manager understand the conditions sent out in a memo by you on 08/12/1998. On 08/17/1998, I dropped off a letter to 23 businesses in the immediate vicinity of Rio Bravo. The letter asked for comments or concerns from the businesses regarding the celebration. Rio Bravo had a Cinco De Mayo Celebration on May 5, 1998 using the same basic tent set up. I have not received any negative feedback from that event. The Police department will monitor the event for any violations of the conditions set forth. I suggest Rio Bravo try and work with the owner of 8220 Commonwealth Drive building, Robert Persons. He has written a letter expressing concern about the parking and damage to their property, every time Rio Bravo has put on an event. I checked our contacts at 8820 Commonwealth Drive, since the opening of the restaurant in September of 1996. Our contacts do not show any large amount of calls to that address, and no calls from May of 1998. If there aren't anymore concerns or complaints from the businesses, I find no reason to deny recommendation of the temporary amendment. DATE: 09/01/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: JJL (; SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Mount Plat Four Randy Slick Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Mount Plat Four subject to the following conditions: • Receipt of engineering fee in the amount of $260.00 • Receipt of street lighting fee in the amount of $833.00 • The requirements as set forth in the Developer's Agreement Background: This plat, located east of TH 212 and northwesterly of Flying Cloud Drive, consists of platting 1.26 acres into one lot for the construction of a single-story 11 ,000 square foot office building. The preliminary plat was approved by the City Council May 5, 1998. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on July 7, 1998. RS:ssa cc: Steve Michals, Mount Properties Lloyd Pew, HTPO, Inc. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF MOUNT PLAT FOUR WHEREAS, the plat of Mount Plat Four 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 Mount Plat Four is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 11, 1998. 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 September 1, 1998. Jean L. Harris, Mayor ATTEST: SEAL Donald R. Uram, Clerk d 5-1 o I ~ __ -.J IOIG " FUT It WlDlH All) AD.ICHNQ LOT UH£S. UIIl£SS 0_ 1NDICAlED. ..., 10 FtET II _ LtUSS 0_ INDICAlED AND _ -.r-G'-WAY UNEs. M _ ClN !HE PLAT MOUNT PLAT FOUR R. T. DOC. NO._ -" -o 1210 .... CICUeed the ... to 1M ....,.. ad platt.cl _ NCUIT PLAT fOUR ........... , donate IWtd ..... to the p.Mc lot Pub"C ... fCIf'wIr .... ~_uQ.,-.n ...... 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" Potrtck tL 0'Cannar ........ Count, Aucltor 8)' Dtlputy IUMY SEI;1ICII. HENHEI'IN COIMTY. _rA ""'-I to ...... Stotut .. _ ~ (I"'~ ...... hoe ___ ...... oI ________ IH __ ..... f. c:on.o. _ County........ B, ________ _ fIEDS'IItAR OF 'II1lD. ~ OCI.HIY. MNeiOTA t ...... , certIfr that the ..... plat of YOUNT PlAT AUt ....................... omc. ... o'dodc dar of.. ," ___ at -.... 11. """"'If.""""", of _ B. ____________ , F: \JOBS\97-084\PlA T084.DI'oG DATE: 09/01/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: lIt. C. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Prairie Crossroads Corporate Center Randy Slick Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Prairie Crossroads Corporate Center subject to the following conditions: • Receipt of engineering fee in the amount of $2,255.70 • Receipt of street lighting fee in the amount of $2.082.50 • Satisfaction of bonding requirements for the installation of public improvements • The requirements as set forth in the Developer's Agreement • Completion of the vacation of underlying drainage and utility easement within Lot 1 • Developer agrees to dedicate Outlot A to the City for park purposes. Background: This plat, located north of the intersection of Valley View Road and Prairie Center Drive. The plat contains 27.2 acres to be divided into two commercial lots and one outlot. Lot 1 is the future site of Home Depot and Lot 2 is proposed as a future office-showroom building. The preliminary plat was approved by the City Council August 4, 1998. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on September 1, 1998. RS:ssa cc: Dave Carland, CSM Corporation Walter Carpenter Paul Thorp, HTPO, Inc. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE CROSSROADS CORPORATE CENTER WHEREAS, the plat of Prairie Crossroads Corporate Center has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Prairie Crossroads Corporate Center is approved upon compliance with the recommendation of the City Engineer's report on this plat dated August 17, 1998. 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 September 1, 1998. Jean L. Harris, Mayor ATTEST: SEAL Donald R. Uram, Clerk I PRAIRIE CROSSROADS CORPORATE KNOW AU. MEN BY THESE PRESENTS: Thot Wolter S. COtpWlter and EI.., S. Ccrpenter. Hulbond ""d _If .. fee O-.nOf1l of the following described property II'tuoted In the Ccunty of HeMepln. Stat. of Mlnnesoto. to 1II'It: That port of the North4'Qst OuOl'ter of the Southeast Cuarter of Section 10. To...nlhip 118. Rong_ 22. t)f"9 north of Valley ~_ Rood. Hennepin County. "'lnn"oto. Ho .... coused the .ome to be 1UtVe)'R ond ploUed oe PRAIRIE CROSSROADS CORPORATE CfNTER and do h .... eby donett. and dedicate to the public for pubtle u,e for_ the dralna,-ond utili)' eOMment, and the utmt,. eo..n«lt 01 .... own on th" plot. In wltne" wttereof .old Wolter S. Corpen!« and Usa S. Corpenter. hove caused theM pt'"nentl to b •• !Qned thl. _ dol' of _______ .199_ . Wolter S. C~ter ST .... TE OF MlNNESOT" [Iaa S. C«penter COUNTY or ________ _ The fore9oIng Instrument __ odcnowledqed before me 811, __ day of 199 _ Notary Public. County. "'lnnHOta My eommlnlorl eiCplr'lI's Paul A. Thorp, land 5urYe~ MInn..,to Ueen .. 13837 5TA1£ ~ MINNESOTA ~~':in9:-::",:::",,:::,...=·.c:,=ort:;;I"'=.t:::.-:: .. :::.C::oeIulOwled9ed before me tllie -Cloy of ______ 199 __ by Pouf A. Thorp, lOl"ld Survlll)'l:ll'. "',"nnoto Ueen,e No. 136J7. NotOfy Public. County. Mlnn .. oto My cornmfnlon .xplr .. [DEN PRAIRIE., U1NNESOTA Ttl. !>lot of PRAlRf( CROSS ROADS CORPORATE CENTER wn appro"'" and accepted by the City Cound of Eden Prairie, Mlnn.eoto at " regular meeting thereof held tht. day of 199__ tI oppflcobl .. the ...ttt .... comm .... t. and rKomm~datm. of the Commlnloo.-of Tron'Portotl~ and the County Highway Engine.,. ho .... been recefwd by the eft)' or the p"'~ JO cloy perfod hoe .,op.ed wrthout rece~t of wch commente and recommendation .. oe prOYlded by Mlnn .. oto Stotute .. s.ctlon ~.03. Subd. 2. CITY COUNCIl. CF EDEN PRAIRIE., MINNESOTA :;::::::::::::::::::::::::=~~~9« TAXPA'r£R SERVlCES Ot'<tSlON. HENNEPIN COUNTY. MINNESOTA I hereby certify that t~;:,_p._,..._e In 19_ ond prJof' )MnI hove tHlen paid for the land ducrlbed on thleo plol Doted thle _____ doy of Potrlck H. O'Connor, Henneplrl County Auditor By ___________ Deputy SURVEY SECnoH, HENNEPH COUNTY, MINNESOTA Pu,.,cnt to Minn. Statute .. Section 383B.~5 (HI69). ttl" plot her. been ~ ttl" doy of _______ '.9 __ ~~ 'i::'CO-::~~~c:"~>:NNESOT:y --------- I h.-flby certify thot the within plot of PRAIRIE CROSSROADS CORPORATE CENTER _. filed 'or record In \hi,. office thl. ___ -,= __ doy of 199 ___ .t ___ o'clock --.J,t. R. Oon Carlton, County Record.-9y __________ Deputy CENTER 1.1-'~ Hansen Thorp ~ Pellinen Olson Inc. , l En~.~.~.~lte¢~ SHEET 1 CF 2 Sl-~ ! PRAIRIE CROSSROADS YJ.JJ .. ["( OJR\IE /"11/ ~ 50 ... .. f.et i 100 200 300 THE BASIS Of' EtEARINCS IS ASSUMED o O£NOTt:S IRON UONUUEHT II ,--5 II 5 --l II II II __ l ______ lL _____ l __ 0" hl ::; 0 ::: '" 0 z -< ::; 3: '" :;: ;- W ..J -, -< ;;. 8(lNC & fEET IN YItOTH AND Ao.JOINlNC LOT UN[$, UNl.£$S Ol'HOl'MSE; INDICA TEO. AND 10 nET IN Wl011-l UNltSS OTHERWISE: INDICATED AND ADJOINING AICHT-OF'-WAT UNES. AS SHOMII ON THE PLAT !! d III ~ iii ~ ~ ~ ~ ~ ; ~ STEWART H!GHLANDS 1t4£ NORTH UN( OF THE NEt/4, SEt/4. SEI/4. SEC 10 CORPORATE , I , 1 , lv, :]1 in';-t~~· , , , , , 1 1 , . CENTER tHE NOR11iEAST CORNfR or tHE HEll •• SE1/4, SEC. 10, T.118, R.22 (~ co. UONIJUENl) C.R. DOC. NO. 1.1....,~ Hansen Thor~ ~ Pellinen Cisco Inc. , l ~.~.~.~It~.J L-__________________________________________________________________________________________________________ --------------------------------------------------------------~~~.~2~c~r~2~~~,=~~~ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-1-98 SECTION: CONSENT CALENDAR "11. b. ITEM NO. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger BEST BUY CAMPUS -PHASE 3 Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: • Approve 2nd Reading of an Ordinance for PUD District Review on 18.6 acres and Zoning District Change from Rural to 1-2 Industrial • Adopt the Resolution approving Site Plan Review on 4.3 acres Background: This is phase 3 of the Best Buy Campus PUD Concept. It involves adding the most easterly parking area (200 stalls) and constructing the access road through the site. The Council approved an early grading permit for this phase of construction at the time of the PUD approval, and the grading was completed in the fall of 1997. The pun approved 1.39 acres of wetland alteration. All wetland alteration has been completed and is consistent with the PUD approval. The wetland mitigation site in Winthrop, MN has also been completed. Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Change 2. Resolution for Site Plan Review I BEST BUY CAMPUS -PHASE 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-98-PUD-16-98 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 WmCH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the 1-2 Zoning District23-98-PUD-16-98 (hereinafter "PUD-16-98-1-2"). SECTION 3. The City Council hereby makes the following findings: A. PUD-16-98-I -2 is not in conflict with the goals of the Comprehensive guide Plan of the City. B. PUD-16-98-I-2 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-16-98-I-2 are justified by the design of the development described therein. D. PUD-16-98-1-2 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 4. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development PUD-16-98-I-2 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 5. City Code Chapter 1 entitled "General Provisions and Defmitions 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 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 21st day of April, 1998, 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 1 st day of September, 1998. ATTEST: Donald R. Uram, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on _____________ _ BEST BUY CAMPUS -PHASE 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 98- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR BEST BUY CAMPUS -PHASE 3 BY BEST BUY COMPANY WHEREAS, Best Buy Company has applied for Site Plan approval of Best Buy Campus -Phase 3 on 4.3 acres for construction of 200 parking stalls and the access road through the site located at 7075 Flying Cloud Drive, to be zoned from Rural to 1-2 Industrial on 4.3 acres by an Ordinance adopted by the City Council on April 21, 1998; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 23, 1998, 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 April 21, 1998, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Best Buy Company for the construction of 200 parking stalls and the access road through the site, based on plans dated April 10, 1998, between Best Buy Company, and the City of Eden Prairie, subject to the following: Concurrent with parking lot construction, Best Buy Company will: 1) Screen all visible rooftop mechanical equipment on the existing building located at 7075 Flying Cloud Drive. 2) Install all sidewalks, trails, including duckboard path, as shown in the approved plans dated April 10, 1998. ADOPTED by the City Council on September 1, 1998. Jean L. Harris, Mayor ATTEST: Donald R. Uram, City Clerk BEST BUY CAMPUS -PHASE 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 23-98-PUD-16-98 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 TIDNGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 7075 Flying Cloud Drive from Rural to 1-2 on 4.3 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: /s/ Don Uram City Clerk The Ordinance shall take effect upon publication. /s/ Jean L. Harris Mayor PUBLISHED in the Eden Prairie News on the -------------------------- (A full copy of the text of this Ordinance is available from the City Clerk.) EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-1-98 SECTION: CONSENT CALENDAR H.E. ITEM NO. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger REALIFE V ALLEY VIEW COOPERATIVE Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: • Approve 2nd Reading of an Ordinance for PUD District Review on 3.6 acres with waivers and Zoning District Change from Rural to RM-2.5 on 3.6 acres; • Adopt the Resolution approving Site Plan Review on 3.6 acres; • Approval of a Developer's Agreement. Supporting Reports: 1. Ordinance for PUD District Review and Zoning District Change 2. Resolution for Site Plan Review 3. Developer's Agreement I REALIFE VALLEY VIEW COOPERATIVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 22-98-PUD-15-98 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 changed from the Rural District and be placed in the RM-2.5 Zoning District 22-98-PUD-15-98 (hereinafter "PUD-15-98-RM-2.5") Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 1, 1998, entered into between Realife Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-15-98-RM- 2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-15-98-RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-15-98-RM-2.5 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-15-98-RM-2.5 are justified by the design of the development described therein. D. PUD-15-98-RM-2.5 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 District and shall be included hereafter in the Planned Unit Development PUD-15-98-RM-2.5 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 2nd day of June, 1998 and [mally 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 1 st day of September, 1998. ATTEST: Donald R. Uram, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ---------------------------------- REALIFE VALLEY VIEW COOPERATIVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 22-98-PUD-15-98 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, WIDCH, AMONG OTHER TIDNGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows the rezoning of land located at the south side of Smetana Lane from Rural to RM-2.5 on 3.6 acres; subject to the terms and conditions of a Developer's Agreement. Exhibit A, included with this Ordinance gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the _________ _ (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Realife Valley View Cooperative Legal Description: PUD District Review and Zoning District Change from Rural to RM-2.S That part of the following described parcel of land, lying northerly of the ordinary bighwater line (935.2 N.G.V.D. 1929) of Lake Smetana, said parcel ofland descr:ibed as follows: The East 179.00 feet as measured at right angles to the East line thereof, of that part of the West Yz of the Southwest ~ of Section 12, Township 116, Range 22, Hennepin County, Minnesota, lying South of the center line of County Road 39. And That part of the West 100 feet of the East Half of the Southwest Quarter of Section 12, Township 116, Range 22, lying Southerly of the center line of Valley View Road (formerly known as County Road No. 39), as shown in the plat ofWiIson Ridge, which lies Northerly of a line drawn Easterly at right angles from the West line of said East Halt: from a point on said West line distanst 269.5 feet Southerly from the Northwest comer of the Southeast Quarter of said Southwest Quarter, according to the recorded plat thereof. And That part of the Northeast Quarter of the Southwest Quarter of Section 12, Township 116 North, Range 22 West, City of Eden Prairie, Hennepin County, Minnesota, being more particularly described as follows: . Commencing at the southwest corner of said quarter-quarter, thence North, assumed bearing, along the west line of said quarter-quarter, a distance of 166.10; thence East a distance of 100.00 feet to the east line of the West 100.00 feet of said quarter-quarter; thence South, along said east line, a distance of141.60 feet to the point of beginning of the land to be described; thence North 54 degrees 00 minutes 04 seconds East a distance of 80.83 feet; thence North 29 degrees 19 minutes 47 seconds West a distance of 119.40 feet; thence West a distance of6.91 feet to said east line of the West 100.00 feet; thence Sout~ along said east line, a distance of 151.60 feet to the point of beginning. And That part of the Southeast Quarter of the Southwest Quarter of Section 12, Township 116 North, Range 22 West, City of Eden Prairie, Hennepin County, Minnesota, being more particularly described as follows: Commencing at the northwest comer of said quarter-quarter; thence South, assumed bearing, along the west line of said quarter-quarter, a distance of269.50 feet to the point of beginning of the parcel ofland to be descnoed; thence East a distance 100.00 feet; thence South 27 degrees 42 minutes 12 seconds West a distance of 215.10 feet to the west line of said quarter-quarter; thence North, along said west line, a distance of 190.44 feet to the point of beginning. Said parcel of land contains 3.9 acres of land, more or less, and is subject to existing easements of record. REALIFE VALLEY VIEW COOPERATIVE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR REALIFE VALLEY VIEW COOPERATIVE BY REALIFE, INC. WHEREAS, Realife, Inc. has applied for Site Plan approval of Realife Valley View Cooperative on 3.6 acres for construction of a 94 unit apartment building located at the south side of Smetana Lane, to be zoned within the RM-2.5 Zoning District on 3.6 acres by an Ordinance adopted by the City Council on June 2, 1998; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 11, 1998, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its June 2, 1998, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Realife, Inc. for the construction of a 94 unit apartment building, based on plans dated May 26, 1998, between Realife Inc., and the City of Eden Prairie. ADOPTED by the City Council on September 1, 1998. Jean L. Harris, Mayor ATTEST: Donald R. Uram, City Clerk DEVELOPER'S AGREEMENT REALIFE COOPERATIVE THIS AGREEMENT is entered into as of September 1, 1998, by Realife Inc., a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Low Density Residential to High Density Residential on 3.6 acres, Planned Unit Development Review on 7.5 acres, Planned Unit Deve10pment District Review and Zotring District Change from Rural to RM- 2.5 on 3.6 acres, Site Plan Review on 3.6 acres, and Preliminary Plat of7.5 acres into one lot, one outlot and road right of way for construction of a 94 unit senior housing cooperative, legally descnbed on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. 98-107 for Guide Plan Change, Resolution No. 98-108 for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to RM-2.5, 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 May 26, 1998, reviewed and approved by the City Council on June 2, 1998, 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 City of any permit for grading or construction on the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for public streets, sanitary sewer, water, and storm sewer. Developer acknowledges that the plan for Smetana Lane depicted in Exhibit B is conceptual. Construction plans for Smetana Lane shall be consistent with City standards and shall incorporate improvements to the intersection of Smetana Lane and Valley View Road depicted in the Smetana Lane Traffic Study, prepared by BRW, dated November 5, 1996. The plans shall include facilities for the treatment of storm water from Smetana Lane. The new public portion of Smetana Lane shall terminate not less than 30 feet southerly of the driveway entrance to the Property. Developer shall acquire for the City additional permanent and temporary easements for the street and utility improvements depicted in Exhibit B. Additional easements shall be acquired prior to issuance of grading or building permits. 7 Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. A pennit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in confonnance to approved plans and specifications and provide record drawings. Upon approval by the City Engineer, Developer agrees to implement the approved street and utility plans prior to or concurrent with building construction. 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 pennit 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 ofthe 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 pennit 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 Exlnbit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 5. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any ofthe 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 grading limits on the Property. Prior to the issuance of any land alteration permit, Developer g 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. 6. LAND DEDICATION: Prior to any grading or building permit issuance for the Property, Developer agrees to convey Outlot A to the City free and clear of all mortgages, liens, and other encumbrances for preservation purposes. 7. WETLAND DELINEATION: Prior to the issuance ofa land alteration permit to grade on the Property, Developer shall obtain written approval from the Riley Purgatory Creek Watershed District for Developer's delineation of all wetlands on the Property. 8. 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. 9. TREE LOSS -TREE REPLACEMENT: There are 106 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 30 diameter inches. Tree replacement required are 11 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 11 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. , 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. 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 final1andscape 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. 11. IRRIGATION PLAN: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. Developer agrees to complete implementation ofthe approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 12. REMOV AL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer agrees to submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$I,OOO.OO to guarantee that Developer completes implementation of the approved plan. The city agrees to return to Developer the $ 1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 13. 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. 14. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Developer shall convey access easements for such sidewalks and trails in such locations as determined by the Parks, /0 Recreation and Natural Resources Director. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located on the south side of Smetana Lane from Valley View Road to the entrance to the Property as depicted in Exhibit B, attached hereto. B. An eight-foot wide bituminous trail to be located along Lake Smetana above the Ordinary High Water Level as depicted in Exhibit B, attached hereto. C. A five-foot wide concrete sidewalk to be located from the parking area through Outlot A connecting to the trail proposed along Lake Smetana, as depicted in Exhibit B, attached hereto. Developer agrees to complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. 15. 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. 16. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building depicted on Exhibit B. 17. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 18. SPECIAL ASSESSMENT AGREEMENT: Prior to release ofa final plat for any portion of the Property, Developer agrees to sign an assessment agreement with the City for trunk sewer and water assessments for an assessable area of 4.02 acres at the per acre rate then in effect. 19. 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 II indemnify because of any inspection, review or approval by City. 20. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the RM-2.5 District through the Planned Unit Development District Review for the Property as depicted in Exhibit B, and incorporates said waivers as part of PUD _____ ---'- A. Density of26 units per acre. Code permits up to 17.4 units per acre. B. Site area per unit of 1,650 sq. ft. Code requires site area per unit of2,500 sq. ft. C. Building height of 48 feet. Code permits height up to 45 feet. D. Parking at 1.5 stalls per unit. Code requires 2 stalls per unit. E. Shoreland Code: 1. Lot size based on 1,650 sq. ft. per unit. Code requires 30,000 sq. ft. per unit. 2. 97% of shore1and length occupied by structure facing a shore1and water. Code maximum is 50%. 3. Building height of 48 feet. Code permits height up to 35 feet. 4. Impervious surface of 41 %. Code permits up to 30%. I:L EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-1-98 SECTION: CONSENT CALENDAR ITEM NO. If[. ~ DEPARTMENT: ITEM DESCRIPTION: Community Development Michael D. Franzen HOME DEPOT AND PRAIRIE CROSSROADS CORPORATE CENTER Requested Council Action: The Staff recommends that the Council take the following action: • Approve 2nd Reading of an Ordinance for Planned Unit Development District Review on 27.2 and Rezoning from Rural to 1-2 Industrial on 7.26 acres and from Rural to Commercial Regional Service on 12.96 acres acres; • Adopt the Resolution approving Site Plan Review on 20.22 acres; • Approval of a Developer's Agreement for Home Depot and Valley View Business Center BaCkground: The exterior elevations have been revised to show one orange andtwo tan colored canopies. Supporting Reports: 1. Ordinance for PUD District Review and Rezoning 2. Resolution for Site Plan Review 3. Developer's Agreement Home Depot 4. Developer's Agreement Prairie Crossroads Corporate Center I HOME DEPOT AND PRAIRIE CROSSROADS CORPORATE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 24-98-PUD-17-98 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the 1-2, and Commercial Regional Service Zoning Districts __ -98-PUD-_-98 (hereinafter "PUD -1-2, and Commercial Regional Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreements dated as of September 1, 1998, entered into between , and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of 1-2 and Commercial Regional Service, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-_-98-__ 1-2, and Commercial Regional Service is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-98-__ 1-2, and Commercial Regional Service 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-_-98-__ 1-2, and Commercial Regional Service-6.5 are justified by the design of the development described therein. D. PUD-_-98-__ 1-2, and Commercial Regional Service 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 District and shall be included hereafter in the Planned Unit Development PUD-_-98-__ 1-2, and Commercial Regional Service 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 Deftnitions 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 5th day of May, 1998, 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 4th day of August, 1998. ATTEST: Donald R. Uram, City Clerk Jean L. Harris, Mayor PUBLISHED in the Eden Prairie News on ________________ _ 3 Exhibit A Home Depot and Prairie Crossroads Corporate Center Legal Description: HOME DEPOT AND PRAIRIE CROSSROADS CORPORATE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 24-98-PUD-17-98 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 Prairie Center Drive and Valley View Road from Rural to 1-2 on 7.96 acres and from Rural to Commercial Regional Service on 12.96 acres. Exhibit A, included with this Ordinance, gives the fu111legal description of this property. Effective Date: ATTEST: /s/ Don Uram City Clerk The Ordinance shall take effect upon publication. /s/ Jean L. Harris Mayor PUBLISHED in the Eden Prairie News on the _____________ _ (A full copy of the text of this Ordinance is available from the City Clerk.) s Exhibit A Rezoning Legal Description Home Depot and Prairie Crossroads Corporate Center CSM O'(JfLOT A AND LOT 2 PARCEL That part of the Northeast Quart~r of the Southca:!t Quarter of Section 10. Township 116, Range 21. lying IlOrth of Valley View Road and cast and north of the following described line and its extension southerly: Commencing at the northeast cor.n~r of said Northeast Quarter of the Southeast Quarter: thence North 89 degrees 42 minutes 15 seconds West along the north line of said Northeast Quarter of the Southeast Quarter a distancc of 295.80 feet thence: South 0 degrees 26 minutes 23 seconds West a distance of 228.24 fcct; thence South 26 degrees 26 minutes 23 seconds West a distanct:: of 354.81 feet; thence South 62 degrees 26 minutes 24 seconds West a distance of 128.61 feet; thence South 33 degrees 15 minutes 16 seconds East a distance of 206.56 feet; thence South 27 degrees 17 minutes 27 seconds East a distance of 51.53 feet; thence South 21 degrees 00 minutes 30 seconds East a distance of 56.14 feet to the beginning of the line to be described; thence North 21 degrees 00 minut~ 30 seconds West a distance of 56.74 feet; thence North 27 degrees 17 minutes 17 seconds West a distance of 51.33 feet: thence North 33 degrees 15 minutes 16 se.conds West a distance of 206.56 feet; thence North 62 degrees 26 minutes 24 seconds East a distance of 8.34 fect; thence North 33 degrees 15 minutes 16 seconds West a distance of 472.97 feet; thence North 0 degrees 17 minutes 45 seconds East a distance of 85.63 feet; thence North 54 degr~es 59 minutes 13 seconds West a distance of 92.53 feet: thence South 69 degrees 43 minutes 48 seconds West a distance of 439.98 feet to the west line of said Northeast ~er of the Southeast Quarter and said line there terminating. HO~ DEPOT U.S.A., INC. A DELAWARE CORPORATION That part of the Nottheast Quarter of the Southeast Quartet of Section 10, Township 116, Range 22 lying north of Valley View Road and west and south of the following described line and its e)l;tension southerly: Commencing at the D.orthea.st comer of said Northeast Quarter of the Southeast Quarter; thence Norch 89 degrees 42 xninutes 15 seconds West along the north line of said Northeast Quarter of the Southeast Quarter a distance of 295.80 feet thence South 0 degrees 26 m.inut~s 23 seconds West a distance of 228.24 feet: thence South 26 degrees 26 minutes 23 seconds West a distance of 354.87 feet; thence South 62 degrees 26 minutes 24 seconds West a distance of 128.61feet; thence South 33 degrees 15 minutes 16 seconds East a distance of 206.56 feet; thenc:! South 27 degrees 17 minutes 27 seconds East a distance of 51.53 feet; thence South 21 degrees 00 minutes 30 seconds East a distance of 56.74 feet to.the beginning of the line to be described; thence North 21 degrees 00 minutes 30 seconds West a distance of 56.74 feet; thence North 27 deg;r~es 17 minutes 27 seconds West a di3tance of 51.33 feet; thence North 33 degrees 15 minutes 16 second.s West a distance of 206.56 feet; thenee North 62 degrees 26 minutes 24 seconds East:it distance of 8.34 feet; thence North 33 degrees 15 m.i:o.utes 16 seconds West a distance of 472.97 feet; thence NCI'!b. 0 degrees 17 minutes 45 s¢conds East a distance of 85.63 feet; thence North 54 dcgrel:S 59 minutes 13 seconds West :a distance of 92.53 fe:t: thence South 69 degrees 43 roinutes 48 seconds West a distance of 439.98 feet to the west line of said Northeast Quarter of the Southe3st Quarter and said line there temJi.naring. HOME DEPOT AND PRAIRIE CROSSROADS CORPORATE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HOME DEPOT U.S.A., INC. AND PRAIRIE CROSSROADS CORPORATE CENTER WHEREAS, Home Depot U.S.A., Inc. and CSM Properties, Inc. by Home Depot U.S.A., Inc. and CSM Properties, Inc., has applied for Site Plan approval on 20.22 acres for construction of a 113,000 square foot Home Depot and 84,000 square foot office building located at Prairie Center Drive and Valley View Road, to be zoned Commercial Regional Service on 12.96 acres and 1-2 on 7.96 acres by an Ordinacne adopted by the City Council on September 1, 1998; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 10, 1998, meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its August 4, 1998, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Home Depot U.S.A., Inc. and CSM Properties, Inc., for the construction of a 113,000 square foot Home Depot and 84,000 square foot office building, based on plans dated August 4, 1998, between Home Depot U.S.A., Inc. and CSM Properties, Inc., and the City of Eden Prairie. ADOPTED by the City Council on September 1, 1998. Jean L. Harris, Mayor ATTEST: Donald R. Uram, City Clerk 7 DEVELOPER'S AGREEMENT Home Depot THIS AGREEMENT, made and entered into as of September 1, 1998, by Home Depot U.S.A. Inc., a Delaware corporation hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Request for Comprehensive Guide Plan Change From Medium Density Residential to Regional Commercial on 2 acres, and from Medium Density Residential to Open Space on 7.0 acres, Planned Unit Development Concept Review on 27.2 acres, Planned Unit Development District Review on 27.2 acres, Rezoning from Rural to Commercial Regional Service on 12.96 acres, Site Plan Review on 12.96 acres, and Preliminary Plat of on 27.2 acres into two lots and one outlot in Hennepin County, State of Minnesota, more fully described in Exhibit A-I, attached hereto and made a part hereof, and said 27.2 acres hereinafter referred to as "the Larger Parcel", and said 12.96 acres more fully described in Exhibit A-2, attached hereto and made a part hereof, hereinafter referred to as "the Property"; NOW, THEREFORE, in consideration of the City adopting Resolution No. for Guide Plan Change,Resolution No. for Planned Unit Development Concept Review, Ordinance No. ____ for Planned Unit Development District Review and Zoning District Change, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the plans revised and dated , 1998, reviewed and approved by the City Council on August 4, 1998, 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. 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 sanitary sewer, water, and storm sewer. Plans for public sanitary sewer shall be of a plan and profile presentation consistent with City standards. A permit fee of 5% of construction value shall be paid to the City by Developer. The design engineer shall provide daily inspection and certify completion in conformance with the approved plans and specifications and provide record drawings. Prior to approval ofthe public sanitary sewer plan, Developer shall provide the City Engineer with a televised inspection tape and report of the existing sanitary sewer line within the surcharge area. If a defonnation of the sanitary sewer is observed, Developer shall repair the pipe areas by methods approved by the City Engineer. Developer agrees to complete implementation of the approved utility· plans prior to occupancy of the building. 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 ofa land alteration pennit 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, stonn water detention areas and other items required by the application for and release of a land alteration pennit. All design calculations for stonn water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the water quality pond confonns to the final grading plan. Prior to issuance of any occupancy pennit for the Property, Developer shall complete implementation of the approved plan Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for confonnance to the approved final grading plan and City erosion control policy. The design professional shall provide a final report to the City certifying completion of the grading in confonnance the approved final grading plan and City erosion control policy. B. EROSION CONTROL PLAN: Prior to issuance of a grading pennit, 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 confonn to the City's Erosion Control Policy labeled Exhibit D, attached hereto and made a part hereof. Prior to release of the grading bond, Developer shall complete implementation of the approved plan. Developer shall remove any sediment that accumulates in the existing and/or proposed sedimentation pond during construction. Developer shall provide pre construction and post construction surveys for evaluation by City. 5. FINAL PLAT: Prior to requesting and receiving a Certificate of Occupancy for the Property, Developer shall receive approval of a final plat by the City. Developer shall record the approved final plat with the Hennepin County Recorder's OfficelRegistrar of Titles' Office. 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 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. 7. LANDSCAPE PLAN: Prior to building permit issuance, 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. 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 detennined 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. 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. The City will grant temporary construction easements for Outlot A according to plans /0 included in exhibit B, attached hereto. 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. 10. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign pennit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown ~n Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision Sa. 11. 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 lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height on the west and north side of the building. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 12. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD A. A waiver from the 6% outdoor display area allowed to 16% in the Commercial Regional Service Zoning District. l3. TRUNK UTILITY ASSESSMENTS: Developer agrees that development of the Property relies upon the City's trunk utility system. Prior to final plat approval, Developer agrees to enter into the Agreement Regarding Special Assessment, attached hereto as Exhibit:--__ , 14. CROSS ACCESS AGREEMENT: Prior to issuance of the first building permit for the Property, the Developer shall enter into a cross access and maintenance agreement with the 7.26 acre parcel described in Exhibit A-2, attached hereto, the form of which must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access and maintenance in parking areas, driveways and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to the 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 OfficelRegistrar of Titles' Office. 15. OUTLOT A SITE RESTORATION: Prior to the issuance of a land alteration pennit, Developer agrees to submit to the City Engineer and the Director of Parks and Recreation and receive written approval of a grading plan to grade, seed, and restore all active erosion areas on Outlot A. Developer also agrees to submit to the City Engineer and the Director of Parks and Recreation and receive written approval of a grading plan to borrow soil from Outlot A provided that soil will be imported to Outlot A to replace the borrowed soil and restored at minimum to the elevations existing prior to the borrow, that no additional tree loss occurs, and that the imported soil meet City requirements. Developer shall complete implementation ofthe approved site restoration plan prior to release of the grading bond. 16. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, hold harmless, 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, hold harmless, defend and indemnify because of any inspection, review or approval by City. j); DEVELOPER'S AGREEMENT Prairie Crossroads Corporate Center Tms AGREEMENT, made and entered into as of September 1, 1998, by CSM Properties, Inc., a Minnesota Corporation hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Request from Regional Commercial and Medium Density Residential to Office on 7.26 acres, and from Medium Density Residential to Open Space on 7.0 acres, Planned Unit Development Concept Review on 27.2 acres, Planned Unit Development District Review on 27.2 acres, Rezoning from Rural to 1-2 Industrial on 7.26 acres, Site Plan Review on 7.26 acres, and Preliminary Plat of 27.2 acres into two lots and one outlot in Hennepin County, State of Minnesota, more fully described in Exhibit A-I, attached hereto and made a part hereof, and said 27.2 acres hereinafter referred to as "the Larger Parcel", and said 7.26 acres more fully described in Exhibit A-2, attached hereto and made a part hereof, hereinafter referred to as "the Property"; NOW, THEREFORE, in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. __ for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer agrees to develop the Property in conformance with the materials revised and dated , 1998, reviewed and approved by the City Council on August 4, 1998, 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. 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 sanitary sewer, water, and storm sewer. /3 Developer agrees to complete implementation of the approved utility plans in conjunction with the building permit and prior to issuance of any occupancy permit for the Property. 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. Upon request of the City and owner of the property adjacent to the east of the Property (the "Adjacent Property"), legally described as Outlot C, Menard Addition, Developer consents and agrees to enter into a use, and maintenance agreement for a shared stormwater pond and outlet with the Adjacent Property, the form of which must be approved in writing by the City Engineer. 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 andlor proposed sedimentation pond during construction. Developer shall provide preconstruction and post construction surveys for evaluation by City. 5. FINAL PLAT: Prior to requesting and receiving a Certificate of Occupancy for the Property, Developer shall receive approval of a final plat by the City. Developer shall record the approved final plat with the Hennepin County Recorder's OfficeiRegistrar of Titles' Office. 6. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval ofa plan for irrigation of the landscaped areas on the Property. Developer agrees to complete implementation of the approved irrigation plan in accordance with the tenns and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 7. LANDSCAPE PLAN: Prior to building pennit issuance, 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 security equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy pennit for the Property, Developer agrees to compt'ete implementation ofthe approved landscape plan in accordance with the tenns 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 pennit 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. 9. RETAINING WALLS: Prior to issuance by the City of any pennit 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 tenns and conditions of Exhibit C, attached hereto, prior to issuance of IS- any occupancy permit for the Property. 10. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance with the requirements of City Code, Section 11.70, Subdivision Sa. 11. TREE LOSS -TREE REPLACEMENT: There are 1,359 caliper inches of significant trees on the Larger Parcel. Tree loss related to development on the Larger Parcel is calculated at 512 caliper inches. Tree replacement required for the Property is 76 caliper inches. Tree replacement required for Outlot A is 199 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 275 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Developer agrees to complete implementation of the approved tree replacement plan prior to building permit issuance. 12. SITE LIGHTING: Prior to building 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 lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height on the north and east side of the building. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the 1-2 Park Industrial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part ofPUD ____ _ A. A waiver from the 50% office use allowed to 75% office use in the Industrial Zoning District, as shown on Exhibit B, attached hereto. Developer agrees the minimum amount of office use in the building shall be no less than 75%. B. A waiver from the 50 foot front yard setback to parking allowed to 15 feet, as shown on Exhibit B, attached hereto. 14. CONVEYANCE OF OUTLOT A: Developer agrees to convey title to Outlot A, as shown on Exhibit B, attached hereto, for park purposes. 15. OUTLOT A SITE RESTORATION: Prior to the issuance of a land alteration permit, Developer agrees to submit to the City Engineer and the Director of Parks and Recreation and receive written approval of a grading plan to grade, seed, and restore all active erosion areas on Outlot A. Developer also agrees to submit to the City Engineer and the Director of Parks and Recreation and receive written approval of a grading plan to borrow soil from Outlot A provided that soil will be imported to Outlot A to replace the borrowed soil and restored at minimum to the elevations existing prior to the borrow, that no additional tree loss occurs, and that the imported soil meet City requirements. Developer shall complete implementation of the approved site restoration plan prior to release of the grading bond. 16. TRUNK UTILITY ASSESSMENTS: Developer agrees that development of the Property relies upon the City's trunk utility system. Prior to final plat approval, Developer agrees to enter into the Agreement Regarding Special Assessment, attached hereto as Exhibit E. 17. CROSS ACCESS AGREEMENT: Upon request of the City and owner of the property adjacent to the east of the Property (the "Adjacent Property"), legally described as Outlot C, Menard Addition, Developer consents and agrees to enter into a cross access, use, and maintenance agreement with the Adjacent Property, the form of which must be approved in writing by the City Engineer. This Agreement shall address joint vehicle ingress and egress access, use and maintenance of a shared cross access driveway between the Property and the Adjacent Property. Prior to grading permit issuance, Developer agrees to submit to the City Engineer and and receive written approval of a site plan showing a driveway access to the Adjacent Property. Prior to issuance of the first building permit for the Property, the Developer shall enter into a cross access and maintenance agreement with the 12.96 acre parcel described in Exhibit A- 2, attached hereto, the form of which must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access and maintenance in parking areas, driveways and storm sewers. All of these facilities shall be privately owned and maintained by the Developer or Owner. Prior to the 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 OfficelRegistrar of Titles' Office. /7 18. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer agrees to release, hold harmless, 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, hold harmless, defend and indemnify because of any inspection, review or approval by City. ;g -------------------~ ~------- DATE: 09/01/98 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: J[, &. SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: I.C. 98-5461 Engineering Division Approve Plans and Specifications for Fuller Road Storm Sewer Alan D. Gray Improvements and Order Advertisement for Bids Recommended Action: Adopt resolution approving plans and specifications for Fuller Road Storm Sewer Improvements and ordering advertisement for bids. Overview: Council directed the preparation of plans and specifications for this project July 21, 1998. A new office warehouse building is currently being proposed for an industrial site at the south end of Fuller Road. An extension of storm sewer to the south end of Fuller Road is required to provide an outlet for the storm water treatment facility that will serve this site. This storm sewer would also provide a future outlet for the undeveloped portion of Birchwood Labs site at the south end of Fuller Road. Financial Issues: It is anticipated that the entire project cost would be assessed to benefiting properties at the south end of Fuller Road. ( CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer has prepared plans and specifications for the following improvements to wit: I.C. 98-5461 -Full Road Storm Sewer Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for one week, shall specify the work to be done, shall state that bids shall be received until Thursday, September 24, 1998, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, October 6, 1998, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5 % (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on September 1, 1998. Jean L. Harris, Mayor ATTEST: SEAL Donald R. Uram, Clerk DATE: 09/01198 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: .1Il, -f+. DEPARTMENT: ITEM DESCRIPTION: I.C. 98-5458 Engineering Division Award Contract for Pioneer Trail Sanitary Sewer and Water Improvements Alan D. Gray Recommended Action: Bids will be taken for Pioneer Trail Sanitary Sewer and Water Improvements, I.C. 98-5458 on Thursday, August 27, 1998. The memorandum for awarding the contract and the resolution for said project will be hand carried to the Council meeting on September 1, 1998. Overview: This project will provide access to sanitary sewer and water utilities to 12 properties lying westerly of Riley Creek and adjacent to Pioneer Trail (CSAH 1). A feasibility study for this project was presented to Council April 7, 1998. A public hearing was held May 5, 1998 after which the Council directed preparation of plans and specifications. Plans and specifications were approved on July 21, 1998. This project will provide utility service to the Settler's Ridge subdivision by Pemtom. Financial Issues: The project cost is proposed to be 100% assessed to benefiting property owners in accordance with the feasibility study. 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. 98-5450 -Pioneer Trail Sanitary Sewer and Watermain Improvements bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to Barbarossa and Sons, Inc. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Barbarossa and Sons, Inc., in the name of the City of Eden Prairie in the amount of $613,133.65 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on September 1, 1998. Jean L. Harris, Mayor ATI'EST: SEAL Donald R. Uram, City Clerk Low Bidder BID SUMMARY Pioneer Trail Sanitary Sewer and Waterman Improvements Eden Prairie, MN City Improvement Contract No. 98-5458 RCM File No. 10463.01 Bid Opening: August 27,1998; 10:00 A.M. Engineer's Estimate $722,639.22 Contractor Amount Barbarossa and Sons, Inc. $613,133.65 Northdale Construction $697,893.63 S.M. Hentges & Sons $721,247.10 S.R. Weidema, Inc. $727,825.00 Brown & Cris, Inc. $758,953.11 Richard Knutson, Inc. $786,466.87 ~~--------------------------- CITY COUNCIL AGENDA Date: Sept. 1, 1998 Section: Consent Calendar Department: PRNR ~ Subject: Site Improvement to the Eden Prairie Item No. Stuart A Fox, Manager of Community Center 1JL.T Parks & Natural Resources RECOMMENDATION: Staff would recommend the award of the bid to Parrott Contracting, Inc. for alternate one in the amount of$32,690. BACKGROUND: For several years, there have been drainage problems at the north end of the Community Center. These are due to the flat grades and result in winter frost heave problems. Several times the area adjacent to the exit doors have had to be mechanically milled during the winter time to permit proper fire existing of the building. Because of the ongoing nature of this problem, staff contracted with Hansen Thorp Pellinen & Olson, Inc. to detennine what engineering and reconstruction could be done to alleviate the problem. The recommendation was made to excavate the soils underneath the northerly driveway and to install a series of drain tiles under the roadway. The tile system would also collect the roof drainage. The project estimate for this work was nearly $45,000. Staff prepared plans and specifications and the first bids for the project were received in July. Because of some language problems with the first bid, all bids were rejected. A second set of plans and specifications were sent out to the same bidders. Only one bidder submitted a proposal for the service road and storm water construction work at the Community Center. The staff is reconm~",uJing the award of alternate one, which makes the City responsible for the demolition ofthe existing blacktop and concrete, the pavement installation and final site grading. The deduction for this amount of work is $24,970. The total bid which Parrott submitted was for $57,650. By exercising alternate one, the bid price for the service road and storm water construction at the Community Center totals $32,690. Staff would recommend authorization to proceed with the work with Parrott Contracting for this work. The cost for this work will be paid out of cash park fees. SAF:mdd Septl.memo/S\tuart98 I To: Through: From: Date: Subject: BACKGROUND: Memorandum Parks, Recreation and Natural Resources Commission Mayor and City Council Bob Lambert, Director of Parks, Recreation and Natural Resources Stuart A. FOx,~ager of Parks and Natural Resources August 12, 1998 Supplemental Staff Report to the City Planner's Staff Report for Crosstown Circle Centre Dated August 7, 1998 The site is located on the Crosstown Circle cuI de sac and is currently guided and zoned office. The surrounding area is a mix of industrial and office. A plan for this site was approved in 1977 for a one story 40,000 square foot building and a two-story 32,000 square foot office building. Neither of these office buildings were built. NATURAL RESOURCES ISSUES: Tree Loss/Landscaping The site has a hill in the northern portion that is covered by red and white oaks. In addition, there are scattered big tooth aspen, cottonwood, black cherry, and basswood intennixed with this oak forested area. There are 300 trees defined as significant by City Code, totaling 4,310 diameter inches. The tree loss would be approximately 170 trees and a total of2,475 inches. This results in a 57% loss of significant trees from the site. The required mitigation for tree loss is 1,876 caliper inches. The staffhas been working with the developer to evaluate the best placement of the building and parking areas in order to save the wooded hill area to the north, as well as many of the significant trees on the site. The staff has reviewed three plans and the third layout is the best plan for the property for the reasons stated in the Planning Staff Report. Because of the layout and size of the lot, including the pond area, it is difficult to plant all of the landscape screening material and the tree loss mitigation on this property. The landscape plan shows 1,227 inches oftrees being planted. Many of the trees will be planted to supplement the woodland area that is remaining on the site with the additional plant material being placed around the perimeter. The proposed landscape plan has native material along with some ornamental trees being planted around the building and parking deck areas. The remaining landscape trees do not have a specified area where they are to be plant~d. NURPPond A NURP pond will be used to collect storm water from the parking deck and building areas and provide sedimentation prior to discharge into the existing pond on the property. Prior to construction, this pond it would need to be approved by the City Engineering Department and Watershed District. RECOMMENDATION: This project was reviewed at the August 10, 1998 Planning Commission meeting and was approved on a 7-0 vote. Staff would recommend approval of the project based on the recommendations in the Planning Staff Report dated August 7, 1998 and the information included in this supplemental staff report. SAF:mdd crosstowniStuart98 CITY COUNC~ AGENDA DATE: September 1, 1998 SECTION: Consent DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Community Development Resolution to Continue Participation 1Jl. -David Lindahl in the Livable Communities ~. Progt"am REQUESTED COUNCIL ACTION: Approve resolution to continue to participate in the Local Housing Incentives Account Program under the Livable Communities Act. BACKGROUND: To continue participation in the Livable Communities program, and to have access to various funding accounts through the Metro Council, cities must each year submit a resolution electing to participate in the Local Housing Incentives Account ( unA) program. Participating cities must also contribute a certain level offunding toward meeting their affordable housing goals. This local contribution is referred to by the Metro Council as the Affordable and Life Cycle Housing Opportunities Amount (ALHOA). The ALHOA amounts are established by the Metro Council through a formula prescribed in law involving tax base and market values. The proposed ALHOA amount for Eden Prairie in 1998 is $156,186. Sources oflocal contributions can be CDBG funding, Tax Increment Financing (TIF), local levies, etc. The tax increments that will be provided to the Purgatory Creek Townhomes (Edenvale) annually over the next fifteen years will qualify. So will the $150,000 in CDBG funds that the City Council targets toward housing projects each year. SUPPORTING INFORMATION: Resolution wpdoc\htssb\Livablc / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1999 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life- cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1999, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1998, can continue to participate under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1998; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality: NOW, THEREFORE, BE IT RESOL YED THAT City Council of the City of Eden Prairie elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1999. ADOPTED by the Eden Prairie City Council this 1st day of September, 1998. Jean L. Harris, Mayor ATTEST: Donald R. Uram, City Clerk CITY COUNCIL AGENDA DATE: September 1,1998 SECTION: Consent DEPARTMENT: ITEM DESCRIPTION: ITEM NO: Community Development Amendment to Agreement with David Lindahl MPLS Public Housing Authority and Memorandum of N/G· Understanding with Metro Council HRA REQUESTED COUNCIL ACTION: Adopt the resolution approving the revised Initial Agreement between the City and Minneapolis Public Housing Authority (MPHA) and the Memorandum of Understanding between the City and MetropOlitan Council HRA allowing the Metro HRA to administer the waiting list on two of five public housing units in the Purgatory Creek Townhome Project (formerly known as Edenvale). BACKGROUND: The City signed the Initial Agreement with the Minneapolis Public Housing Authority (MPHA) November 18, 1997. The Agreement defines the relationship between the two regarding the construction and ownership of the five Public Housing units proposed within the Purgatory Creek Townhome project (formerly called Edenvale). Three of the five Public Housing units will be rented to persons from the MPHA waiting list, per the terms of the "Hollman Consent Decree," which outlines the terms of a housing discrimination lawsuit between MPHA, HUD, Metro Council, and a group of Minneapolis residents. The other two Public Housing units, called "Incentive Units," will be rented to persons from Eden Prairie. The amendment to the Initial Agreement and the Memorandum of Understanding recognizes that the Metro Council will administer the waiting list for the City for the two Incentive Units. SUPPORTING INFORMATION: Resolution Amendment to Initial Agreement Initial Agreement Memorandum of Understanding / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. __ _ AUTHORIZING EXECUTION OF THE AMENDMENT NUMBER ONE TO THE INITIAL AGREEMENT BETWEEN THE MINNEAPOLIS PUBLIC' HOUSING AUTHORITY IN AND FOR THE CITY OF MINNEAPOLIS AND THE CITY OF EDEN PRAIRIE AND AUTHORIZING EXECUTION OF THE MEMORANDUM OF UNDERST ANDING BETWEEN THE CITY OF EDEN PRAIRIE AND THE MINNEAPOLIS PUBLIC HOUSING AUTHORITY IN AND FOR THE CITY OF MINNEAPOLIS, AND THE METROPOLITAN COUNCIL WHEREAS, the City of Eden Prairie has previously entered into an Initial Agreement ("The Agreement") with the Minneapolis Public Housing Authority in and for the City of Minneapolis ("The MPHA") regarding cooperation between the City and the MPHA with respect to the construction and operation of qualified housing units ("The MHOP Units") in the Edenvale Townhouse Development ("Edenvale"); and WHEREAS, the Agreement contains a provision whereby MPHA agrees to maintain the waiting list and grievance procedure for both the incentive and replacement MHOP Units~and WHEREAS, the City now wishes to have the Metropolitan Council administer the waiting list for the incentive units and the grievance procedure for all MHOP units; and WHEREAS, the Metropolitan Council has agreed to administer the waiting list for incentive units and the grievance procedure for all MHOP units in Edenvale; and WHEREAS, the MPHA is in agreement that the waiting list for the incentive units and the grievance procedure for all MHOP units in Edenvale may be administered by the Metropolitan Council; NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Amendment Number One to the Initial Agreement between the City of Eden Prairie and the Minneapolis Public Housing Authority is approved in the form submitted, and the City is authorized to enter into such Amendment; 2. The Memorandum of Understanding between the MPHA, the Metropolitan Council, and the City of Eden Prairie is approved in the form submitted, and the City is authorized to enter into such Memorandum; . 3. Amendment Number One and the Memorandum of Understanding are directed to be executed in the name of and on behalf of the City by the Mayor and the City Manager. In the absence of the Mayor or City Manager, the documents authorized by this resolution may be executed by the Acting Mayor or designee of the City Manager respectively. cP 4. The approvals hereby given to the documents referred to above include approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City's counsel and the officials authorized herein to execute such documents prior to their execution; and said officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms thereof. 5. The resolution shall take effect immediately. ADOPTED by the City Council on _________ -~' 1998. Jean L. Harris, Mayor (Seal) ATTEST: Donald R. Uram, Finance Director/Clerk • EXECUTION COpy 08/17/98 AMENDMENT NO.1 TO THE INITIAL AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE MINNEAPOLIS PUBLIC HOUSING AUTHORITY This Amendment made this_day of , 1998 to that certain Initial Agreement dated November 18, 1997 between the City of Eden Prairie (the "City") and the Minneapolis Public Housing Authority (the "MPHA"). WHEREAS, the MPHA has agreed to maintain the waiting list and grievance procedure for those applying for housing in both the incentive and replacement MHOP Units in the Purgatory Creek Townhomes also known as the Edenvale Development; and WHEREAS, the City now wishes to have the Metropolitan Council administer the waiting list for the incentive units and the grievance procedure for all MHOP units; and WHEREAS, the Metropolitan Council has agreed to administer the waiting lists for incentive units and the grievance procedure for all MHOP units in suburban developments upon request of the local sponsoring agency. NOW, THEREFORE, it is agreed by the parties hereto to amend the Initial Agreement as follows: 1. The MPHA shall administer the waiting list for the replacement MHOP units in the Purgatory Creek Townhomes development; and 2. The City, by agreement with the Metropolitan Council, shall have the responsibility for administration of the waiting list for the incentive units and the administration of the grievance procedure for all MHOP units in the Purgatory Creek Townhomes development. IN WITNESS WHEREOF, the MPHA has caused this Amendment to be duly executed in its name and behalf and its seal to be hereunto affixed and the City has caused this Amendment to be duly executed in its name and behalf on or as of the date fIrst above written. MINNEAPOLIS PUBLIC HOUSING AUTHORITY IN AND FOR THE CITY OF MINNEAPOLIS By ____________________ __ Richard Brustad Its Chairman By ____________________ _ Cora McCorvey Its Executive Director THE CITY OF EDEN PRAIRIE, MINNESOTA By ______________________ _ Its ________________ __ By ____________________ __ Its _______________ __ EXECUTION COpy 11103/97 INITIAL AGREEMENT THIS AGREEMENT, made this ~ day of ///r;vt1H.bfr ,,1997 by and between the Minneapolis Public Housing Authority in and for the City of Minneapolis, a public body corporate and politic (the "MPHA") and the City of Eden Prairie, a municipal corporation (the "City") is entered into pursuant to Minnesota Statutes, § 471.59, 469.012, subds. 1(11) and 3. WHEREAS, the MPHA has entered into an Annual Contributions Contract ("ACC") with the United States Department of Housing and Urban Development ("HUD") for funding the capital and operating costs of low rent public housing units and projects throughout the Minneapolis-St. Paul metropolitan area; and WHEREAS, the MPHA has established the Metropolitan Housing Opportunities Program ("MHOP") pursuant to which it will cooperate with suburban municipalities in the construction and operation of qualified housing units (the "MHOP Units"); and WHEREAS, the City is negotiating with Peter Andrea Company (the "Developer") for, among other things, the development of a 32-unit multifamily rental housing project to be known as the Edenvale Development ("Edenvale") and to be owned by a tax credit partnership known as Edenvale Family Housing Limited Partnership (the "Partnership"); and WHEREAS, the MPHA, the City and the Developer have agreed to cooperate in the location of 5 MHOP Units in Edenvale; and WHEREAS, the purpose of this Agreement is to define the relationship of the MPHA and City with respect to the planning, construction, ownership and operation of the MHOP Units and as such shall constitute ajoint powers agreement pursuant to Minnesota Statutes, §471.59. NOW, THEREFORE, it is agreed by the parties hereto as follows: I. PROPOSAL. The MPHA will prepare and submit to HUD a proposal for development funds in the amount of $500,000 and ongoing operating subsidy under the ACC for the construction and operation of3 replacement units and 2 incentive unit ofMHOP housing. A. All required Edenvale information provided to the City by the Developer or Partnership, including financial pro formas and design and construction documents, will be delivered by the City to the MPHA. B. Final document preparation, including initial operating budgets, and conformity with federal regulations and HUD requirements will be the responsibility of the MPHA. D:\MNN125\O 12\DOCS\INlTIAI .. DOC INITIAL AGREEMENT MPHAICITY OF EDEN PRAIRIE EDENV ALE DEVELOPMENT C. The MPHA shall be responsible for administering the processing of the Proposal and obtaining its approval by HUD. D. The City shall be responsible for all liaison with the Metropolitan Council and the Minnesota Housing Finance Agency with respect to all other funding affecting Edenvale. E. The City will provide to the. MPHA a copy of the City's affirmative action plan and the MPHA will provide the City with a copy of the current MPHA plan. The parties will make reasonable efforts to coordinate the substance and implementation of these plans in the development and operation of the MHOP Units. F. The MPHA will monitor the application of federal Davis-Bacon wage requirements which shall apply to the development of Edenvale provided that the Housing Development Agreement between the MPHA and the Partnership shall require the Partnership and construction contractors to provide the MPHA such information as it may reasonably require in order to meet its obligation hereunder. II. DEVELOPMENT. The MPHA shall enter into a Housing Development Agreement with the Partnership which will: A. Establish the design and construction specifications of the MHOP Units; B. Confirm the amenities to be provided within and around Edenvale; C. Provide that the level of MHOP funding for Edenvale will equal certified construction costs (pro rata based on bedroom size); D. Provide that the operating subsidy reserve fund be drawn upon in the event operating subsidies paid by the MPHA are inadequate to pay the difference between MHOP Unit income and expenses, as defined below; E. Provide for the draw-down of public housing development funds qn a pro rata basis with other Edenvale funding sources; F. Establish a system by which the MHOP units within Edenvale will not be physically identified, but rather will "float" throughout the development depending upon vacancies and availability; G. Identify the system for construction inspections, cost certifications and development audits; H. Require execution by the Partnership of the Regulatory and Operating Agreement and a Declaration of Restrictive Covenants creating a covenant running with the land obligating the Partnership, as owner of Edenvale, and all successors in interest to maintain and operate the MHOP Units in compliance with all D:\MNN125\012\DOCS\TNlTIAL.DOC r 7 INITIAL AGREEMENT MPHAICITY OF EDEN PRAIRIE EDENVALEDEVELOPNffiNT applicable requirements of Section 5 of the United States Housing Act of 1937 and the ACC; and 1. Require the recording of the Declaration of Restrictive Covenants as a restrictive covenant against the Edenvale property. III. MANAGEMENT. The Regulatory and Operating Agreement shall provide that ________ . (the "Manager") shall manage all the units at Edenvale, including the MHOP Units and: A. shall comply with all federal law, regulations and policies and the ACC. B. shall provide the MPHA and/or HUD with access to all books and records maintained by the manager or managers with respect to the MHOP Units. C. shall be subject to termination and replacement as to the entire Edenvale development if it is determined by the MPHA, subject to appropriate judicial review by any court of competent jurisdiction, that the Manager. or any successor has materially violated, breached, or failed' to comply with any provision of federal law, regulation, policy, or the ACC. D. shall receive from the MPHA and the City the names of persons and families that have incomes at or below the public housing income limits and who meet the income and waiting list criteria for admission into the MHOP Units and shall carry out such administrative functions as (but not limited to) applicant interviews and screening, verifications, determination of suitability for admission, unit assignment, execution of leases, terminations and evictions. IV. WAITING LIST MANAGEMENT. The MPHA shall maintain the waiting lists for those applying for housing in the both the incentive and replacement MHOP Units using applicable federal, MHOP and local priorities. Applicants for the three (3) replacement MHOP Units will be selected from a MHOP waiting list based upon the following priorities: A. First, to families displaced by the demolition of Minneapolis public housing units pursuant to that certain Consent Decree entered in settlement of Hollman e/ al. vs. Cisneros e/ aI., U.S.D.C. (Minn. Dist., 4th Div.) Civil Case No. 4-92-712. B. Second, to families on the MPHA waiting and transfer lists who live in minority or poverty concentrated areas in the metropolitan area. C. Third, to families on the MPHA waiting list. This will include all families wishing to participate in MHOP, including both Minneapolis waiting list families and applicants from Eden Prairie. The MPHA will automatically place all applicants from Eden Prairie on its waiting list, thus making both Minneapolis and Eden Prairie residents equally eligible for this priority. D:IMNN1251012100cSIJNITIAL.OOC INITIAL AGREEMENT MPHA/CITY OF EDEN PRAIRIE EDENVALEDEVELOPNmNT '. The Manager, will have complete control over the selection of residents, so long as the MHOP priorities and all federal and state laws are followed. The MPHA will promptly and continuously refer all Minneapolis applicants for the replacement MHOP Units to the Manager. If the referral system results in no eligible and suitable tenant with Consent Decree priorities, the unit can be filled with other applicants on the waiting list. The City and the MPHA shall provide HUD a certification, in the form attached hereto as Exhibit A, certifying that its waiting list procedures will conform with applicable law and regulations. v. POST CONSTRUCTION DUTIES. As a part of the HUD close-out requirements with respect to the MHOP Units, the following responsibilities will be assigned: A. The MPHA shall designate the End of the Initial Operating Period ("EIOP") and shall coordinate the inclusion ofthe MHOP Units in the MPHA Annual Operating Budget. B. Within 12 months ofElOP, the MPHA shall gather information and provide HUD with the Actual Development Cost Certificate ("ADCC"). C. The MPHA shall be responsible for the preparation of an audit by an independent public accountant as a part of its submission of the ADCC. The City shall provide such information as is in its possession or can be reasonably obtained in order to assist the MPHA with such audit. D. The MPHA shall monitor the Partnership procedures and results in screening applicants provided from the waiting lists and report the results thereofto HUD as may be requested or required. VI. TAX CERTIFICATIONS The MPHA shall annually certify to the appropriate assessing officials the number of MHOP units located within Edenvale, pursuant to Minnesota Statutes, Section 469.040, subdivision 4. VII. OPERATING SUBSIDY. Under the ACC, HUD contracts to provide an operating subsidy to the MPHA for all units subject to the ACC, which will include these MHOP Units. It is therefore necessary to establish a methodology by which the MPHA will pay operating subsidy to the Partnership, as owner of the MHOP Units. That system, to be described more fully in a Regulatory and Operating Agreement between the MPHA and the Partnership, will be generally as follows: A. As used in this Section VII, the following terms shall have the following meanings: 1. "Allowed Project Expenses" means all necessary and reasonable operating expenses of Edenvale for any period, including: D:\MNNI2S\OI2\DOCS\INITIAL.DOC INITIAL AGREEMENT MPHNCITY OF EDEN PRAIRIE EDENV ALE DEVELOPMENT (a) all ordinary and necessary expenses of operations of Edenvale shown as line items on Form HUD-92547-A (Budget Worksheet), exclusive of real estate taxes and debt service requirements of any lender and exclusive of utility expenses which are the direct responsibility of tenants; provided, however, that if the Partnership shall be required to borrow funds for repairs, replacements or improvements not funded from a Edenvale reserve fund for replacements, debt service requirements for any such borrowing approved by the MPHA (which approval shall not unreasonably be withheld) shall be included in Allowed Project Expenses; provided, further, that MHOP Unit Expenses (as hereinafter defined) shall be reduced by any amounts contributed by the MPHA, on a grant basis, for repairs, replacements or improvements.; (b) management fees payable pursuant to the Management Agreement; (c) legal expenses associated with the operation of Edenvale as well as accounting and audit expenses, including tax return preparation expenses, permitted to be charged as project expenses pursuant to HUD Handbook 4370.2 REV -1, Financial Operations and Accounting Procedures for Insured Multifamily Projects, or any successor thereto; and (d) reserves for replacements and for any other purposes, as required by any lender and approved by the MPHA. 2. "MHOP Percentage" shall mean the higher of (i) the number of MHOP Units, divided by the total number of units at Edenvale, or (ii) the net rentable square feet of the MHOP Units (assuming 2 two-bedroom units and 3 three-bedroom units), divided by the net rentable square feet of all units at Edenvale. 3. "MHOP Unit Expenses" shall mean (A) Allowed Project Expenses, multiplied by the MHOP Percentage, plus (B) the payment in lieu of real estate taxes made in respect of the MHOP Units, if any, plus (C) amounts paid to MHOP Unit occupants as utility reimbursement (i.e., "negative rent"); provided, however, that if any line item expense shall be included in Estimated MHOP Unit Expenses on the basis of a percentage other than the MHOP Percentage pursuant to the second sentence of Section VII B (1) hereof, such expense shall be included in MHOP Unit Expenses on the basis of the same percentage; 4. "MHOP Unit Income" shall mean all income received in respect ofMHOP Units, including tenant rents ("Tenant Rent" as defined in 24 CFR § 913.102) and any other sources of income received in respect of MHOP Units, including all types of revenue shown as line items on Form HUD 92547-A, but exclusive of operating subsidy. D:IMNNI 2510 I 21DOCSIINTTIALDOC INTTIAL AGREEMENT MPHA/CITY OF EDEN PRAIRIE EDENV ALE DEVELOPMENT 5. "Estimated Allowed Project Expenses," "Estimated MHOP Unit Expenses," and "Estimated MHOP Unit Income" shall mean the estimated amounts of such items for any period determined in accordance with subsection (B) hereof. B. Not later than 90 days prior to the anticipated Date of Full Availability ("DOF A") for occupancy of any unit of Edenvale, and not later than 150 days before the first day of any subsequent MPHA Fiscal Year, the Partnership shall prepare and submit to the MPHA a proposed operating budget for the following MPHA Fiscal Year (or, in the case of the year in which DOFA occurs, the remainder thereot) ("Operating Budget"). The Operating Budget shall project Estimated Allowed Project Expenses, Estimated MHOP Unit Expenses, and Estimated MHOP Unit Income for the subject period, subject to the following conditions: 1. Estimated Allowed Project Expenses shall be as reasonably estimated by the Partnership. The MPHA may comment upon and propose changes to the Estimated Allowed Project Expenses as provided by the Partnership and set forth in the Operating Budget submitted to the MPHA, but the Partnership shall not be required to reduce any estimated expense below Edenvale development-wide amount for such expenditure reasonably anticipated by the Partnership for the period. However, the portion of any line item within the Estimated Allowed Project Expenses included in Estimated MHOP Unit Expenses shall be altered from the MHOP Percentage if the MPHA demonstrates satisfactorily that allocation of such item to the MHOP Units on the basis of the MHOP Percentage is inappropriate (e.g., marketing and advertising costs, if such relate solely or preponderantly to the non MHOP units). 2. Until the completion of initial rent-up of the MHOP Units, Estimated MHOP Unit Income shall be determined on the basis of assumed tenant rent collections for each unit size equal to the average tenant rent collections for all units of comparable size owned and administered by the MPHA in the most recent annual or semiannual period for which such statistics are available at the time of the Partnership's submission of the Operating Budget for such period to the MPHA F or each subsequent MPHA Fiscal Year, Estimated MHOP Unit Income shall be determined on the basis of the aggregate tenant rents actually collected for all MHOP Units during the first six months of the preceding MPHA Fiscal Year. Notwithstanding the foregoing, with respect to any MPHA Fiscal Year, the MPHA may agree to project Estimated MHOP Unit Income at a level different from that which would otherwise be established pursuant to the preceding sentence, taking into account (a) the reasonably anticipated level of incomes of tenants anticipated to be admitted to the MHOP Units during such period, based on anticipated turnover and the admissions policies, and (b) reasonably anticipated increases in income levels of D:IMNN 12510 121DOCSIINI11ALDOC % 1/ INI11AL AGREEMENT MPHA/CITY OF EDEN PRAIRIE EDENV ALE DEVELOPMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) THE CITY OF EDEN PRAIRIE, MINNESOTA By~6J~~Ql,O~O;/P _ ItS~ On this -Lf!1 day of 'It<I!J<.ht} 19 '1), before me, a notary public, personally appeared_ ~l) Iv>ifqrrt.s and / the /l1:Ic;I2Y and fJdi:{ /J1t:i1(tltjRr , respectively, of the City of Eden Prairie, a public body corporate and politic under the laws of the State of Minnesota (the "City"), named in the foregoing instrument and acknowledged said instrument on behalf of the City. Notary Public D:IMNN 12510 12100cSIINITIAI •. OOC INITIAL AGREEMENT MPHNClTY OF EDEN PRAIRIE EDENV ALE DEVELOPMENT EXECUTION PAGE STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) MINNEAPOLIS PUBLIC HOUSING AUTHORITY IN AND FOR THE CITY OF MINNEAPOLIS ~.~'--~~~;~(~~ By~\ __________ ~~ __________ ___ Richard Brustad Its Chairman Cora McCorvey Its Executive Director On this -.:!ffiay of , 19 ff, before me, a notary public, personally appeared Richard Brustad and C a McCorvey, the C'hai~an and Executive Director, respectively, of the Minneapolis Public sing Authority in and for the City of Minneapolis, a public body corporate and politic under the laws of the State of Minne ta (the "M HAil), n ed in the foregoing instrument and acknowledged said instrument on alf of h HA. D:·MNNI25 012 DOCSINITIAL.DOC 13 SUSAN E. SEEL NOTARY PU6UC-MINNESOTA COIIIl1Ilssion Eltplres J:'l. 3t. 2000 INITIAL AGREE"vIENT MPHA CITY OF EDEN PRAIRIE EDENV AI.E DEVEI.OPMENT EXECUTION PAGE or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. E. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the MPHA has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the City has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. D:IMNN12SIO 12IDOCSIINlTIAL.DOC INlTIAL AGREEMENT MPHA/CITY OF EDEN PRAIRIE EDENV ALE DEVELOPMENT 5. The MPHA shall be released from all future liability arising from and responsibility for the ongoing construction or operation of Edenvale. B. In the event the City and the Metropolitan Council agree that the Metropolitan Council will undertake the responsibilities and obligations of the MPHA with respect to Edenvale, and provided that the Metropolitan Council fulfills the conditions described in paragraph XA 1 through 5, above, the MPHA shall assign to the Metropolitan Council all of the agreements to which it is a party as they may relate to the construction or operation of Edenvale. C. All agreements executed by the MPHA with respect to Edenvale shall provide for the eventualities described in this paragraph X. XI. MISCELLANEOUS. A. No member, official, or employee of the MPHA or City 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 this Agreement which affects his or her personal interests or the interests· of any corporation, partnership, or association in which he or she is, directly or indirectly, interested. No member, official, or employee of the MPHA or City shall be personally liable to a party to this Agreement, or any successor in interest, in the event of any default or breach by any party or for any amount which may become due a party or successor or on any obligations under the terms of this Agreement. B. The parties hereto, for themselves and their successors and assigns, agree that during the term of this Agreement they will comply with all affirmative action and non-discrimination requirements of applicable federal, state or local laws or regulations. C. 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. D. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the 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 delivered personally; and 1. in the case of the MPHA, is addressed to or delivered personally to the MPHA at 1001 North Washington Avenue, Minneapolis, MN 55401, Attention: Executive Director; and 2. in the case of the City, is addressed to or delivered personally to the City at 8080 Mitchell Road, Eden Prairie, MN 55344-2230, Attention: City Clerk, D:IMNN1251012100cSIINITIALOOC 8 IS lNlTIAL AGREEMENT MPHAfCITY OF EDEN PRAIRIE EDENVALEDEVELOPMENT existing tenants based on tenant participation in employment training and other supportive services programs. C. During each MPHA Fiscal Year commencing with the first MPHA Fiscal Year after DOFA, and subject to any limitations arising from application of Section 20 ( e) of the Act and operation of the Development Operating Subsidy Cap, the MPHA shall pay to the Partnership an amount equal to (1) Estimated MHOP Unit Expenses for such period, less (2) Estimated MHOP Unit Income for the period (the "Operating Subsidy Requirement"). The MPHA shall pay to the Partnership, on the first day of e~ch month of an MPHA Fiscal Year, one-twelfth (1112) of the Operating Subsidy Requirement for such MPHA Fiscal Year; provided, however, that the Partnership and the MPHA may agree, upon determination of the Operating Budget and Operating Subsidy Requirement for any MPHA Fiscal Year, to provide for unequal monthly payments for such year. VIII. RESERVE FUND. As described more fully in a Regulatory and Operating Agreement between the MPHA and the Partnership, an operating reserve will be created by the Partnership from its funds. The reserve will equal three years' estimated operating subsidy for the MHOP Units, but will be allowed to grow through interest earnings and certain operating subsidy reimbursements, if any. Shortfalls, either because of the recalculation of three years' estimated operating subsidy or because of necessary withdrawal from the reserve may be made up by the MPHA, but it is not obligated to do so. IX. ADMINISTRATIVE COSTS. The MPHA and City shall each bear the costs associated with their respective obligations and responsibilities described herein or otherwise related to the construction and operation of the MHOP Units .. X. TERMINATION AND/OR ASSIGNMENT A. In the event the City wishes to terminate this Agreement it may do so as follows: 1. Ninety (90) days' notice of its intention to terminate shall be served upon the MPHA by the City in writing; 2. The City shall assume and undertake all of the obligations and responsibilities of the MPHA as set forth in all written agreements relating to Edenvale between the MPHA, on the one hand, and the City, the Developer, the Partnership, the MHF A, HUD or any other contracting party, on the other; 3. The City shall become the contracting party with HUD with respect to the annual contributions contract governing the construction and operation of Edenvale; 4. HUD shall consent in writing to such termination; and D:IMNN 12510 12IDOCSIINITIAL.DOC 7 /0 INITIAL AGREEMENT MPHA/CITY OF EDEN PRAIRIE EDENVALEDEVELOPMENT -----~----~~--------- EXHIBIT A Waiting List Certification D:\MNN I 25\0 I 2\DOCS\INITIAL.DOC A-I 17 INITIAL AGREEMENT MPHA/CTTY OF EDEN PRAIRIE EDENVALEDEVELOPMENT 08/25/98 09:29 METR0 HRR + 612 949 8392 DRAFT AUQUST 24.1998 MEMORANDUM OF UNDERSTANDING ADMINISTRATION OF WAITING LIST AND GRJEV ANCE PROCEDURES FOR CERTAIN PUBLIC HOUSING UNITS NO. 175 CITY OF EDEN PRAIRIE • PURGATORY CREEK TOWNHOMES PROJECT THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and between the City of Eden Prairie (the uCity") and the Metropolitan Council (the "Council''). WHEREAS, the federal consent decree entered in settlement of Hollman v. Ci8neros~ Civil No. 4-92-712 (U.S. Dist. Ct. D. Minn. 4th Div.) ("Hollman Consent Decree") provides for the funding and development of certain public housing units within the City of Minneapolis and metropolitan-area suburban locations; and WHEREAS, Paragraph 37 of the Hollman Consent Decree, as amended by stipulation and court order in May 1998. provides that a portion. of the public housing development units made available under the Hollman Consent Decree ("Incentive Units") may be offered to suburban jurisdictions as an incentive to accept Mirmeapolis Public Housing Authority (the ''MPHA'') replacement units in those suburban jurisdictions; and WHEREAS, the MPHA has established the Metropolitan Housing Opportunity Program ("MHOP',) pursuant to. which the MPHA will cooperate with suburban counties and municipalities in the construction and operation of qualified public housing units (the "MHOP Units~'); and WHEREAS, the MPHA, the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "I-iRA") and City entered into an Initial Agreement dated November 18~ 1997 (collectively referred to as ulnitial Agreement"), under which the MPHA t the BRA and the City agreed to cooperate in the location of five (5) MHOP Units in a multifamily housing project known as Purgatory Creek Townhomes (the "Development'·) located within the City, and defined the relationships of the MPHA and the BRA with respect to the planning. constTu.ction, ownership and operation of the MHOP Units; and WHEREAS. pursuant to the Initial Agreement as amended. the MPHA, the HRA and the City agreed the Incentive Units will be filled pursuant to the HRA's waiting list procedures and further agreed the BRA could request the Council to administer the waiting list for the Incentive Units within the Development; and WHEREAS. the HRA and the City has requested the Council to administer the waiting list for the Incentive Units, and the MPHA. the lIRA and the City have requested the Council to administer grievance procedures for all MHOP units located in the Development; and Page 7f 5 Pages [;)02 09:29 METR0 HRA ~ 612 949 8392 NO. 175 DRA]FT AUGUST 24, 1908 WHEREAS, Minnesota Statutes section 473.195 authorizes the Council to exercise certain functions, rights, powers, duties, privileges, immunities and limitations as are provided for housing and redevelopment nuthorities created for municipalities; and WHEREAS, the Council administers a federal Scction 8 housing assistance program in certain jurisdictions located within the seven~county metropolitan area surrounding Minneapolis and Saint Paul, including the City of Eden Prairie; and WHEREAS, ~o help implement the Hollman Consent Decree and encourage the development of affordable housing opportunities throughout the seven-county metropolitan area, the Council is willing to administer the waiting list for the Incentive Units in the Development and administer grievance procedures for all MHOP Units in the Development subject to the terms and conditions of this agreement. NOW THEREFORE, in consideration of the mutual agreements and covenants contained in this agreement, the MPHA, the BRA, the City and the Council agree as follows: MHOP and Incentive Units 1. This agreement relates to the five (5) MHOP Units within the thirty-two (32) unit Development located at in Eden Prairie. Minnesota. 2. The five MHOP Units consist of three (3) MPHA replacement housing units for Minneapolis residents and two (2) Incentive Units. all of which are made available under the Hollman Consent Decree. The five MHOP Units are not physically identified and "float" throughout the Development depending upon vacancies and availability. Waiting List Administration 3. The MPHA is responsible for maintaining and administering the waiting list for the three MPHA MHOP replacement h.ousing units according to the MPHA's own waiting list procedures. 4. The waiting list for the two Incentive Units will be administered by the Council according to the waiting list policies identified in Exhibit A of this agreement, which is attacbed to and incorporated into this agreement. The waiting list poliCies identified in Exhibit A shall confonn to and be administered consistent with the requirements of the Hollman Consent Decree, applicable provisions of 24 C.F.R. Parts S, 8,.913, 960 and 966, and applicable Fair Housing and Equal Opportunity laws and regulations. As provided in Exhibit A, names of applicant families on lhe waiting list shall be provided to the Owner to fill vacancies oflncentive Units according to the following priorities: (a) residents oftbe City of Eden Prairie; (b) applicant families on the Council's Section 8 waiting list; and (c) applicant families on MPHA waiting lists, the names of which families will be provided to the Owner by the MPHA. 5. The owner of the Development ("Owner") is responsible for managing all the units at the Development, including aU MHOP Units. The Owner is responsible for selecting applicant Page 2 of 5 Pages /f Gl03 08/25/98 09:29 METR0 HRR ~ 612 949 8392 NO. 175 DRAFT AUGUST 24, 1998 families and for carrying out such other administrative functions as (but not limited to) applicant interviews and screening. verification, determination of suitability for admission. unit assignment, execution of leases, tenninations and evictions. When the COWlcil is informed of a vacant Incentive Unit by the Owner, the Council will provide the Owner names of families on the Incentive Unit waiting Ust. The Council is not responsible for selecting applicant families, applicant interviews and screening. verifications. determinations of suitability for admission, unit assignments t execution of leases, tennination, evictions or other administrative functions that are the responsibility of the Development Owner. Grievance Procedures 6. The Council will administer grievance procedures for all five MHOP Units located in the Development according to the grievance procedures identified in Exhibit B of this agreement, which is attached to and incorporated into this agreement. The grievance procedures in Exhibit B shall confonn to and be administered consistent with the requirements of applicable U.S. Department of Housing and Urban Development regulations. Administrative snd Other Expenses and Costs 7. Except as provided in Paragraphs 8 and 9 of this agreement, the Council will administer the Incentive Unit waiting list and the grievance procedures for aU MHOP units located in the Development at its own cost and will not charge the City, the HRA or the MPHA any administrative fees for administering the waiting list and the grievance procedures. The Council reserves the right to request administrative fees or cost reimbursement from the City, the BRA and the MPHA if the Council determines it no longer can assume the expenses and costs associated with its administration of the waiting list and grievance procedures. Any future agreements to charge administrative fees or seek cost reimbursement shall be made by written amendment to this agreement pW'Suant to Paragraph 11. 8. In consideration for the Council's agreement to administer the waiting list and grievance procedures for Incentive Units at no cost the City and the HRA agree to share equally with the Council any costs or expenses, including attorneys fees and adverse awards, the Council may incur as a result of any claims, actions or litigation against the Council related to its administration of the waiting list and grievance procedures for Incentive Units. 9. In consideration for the Council's agreement to administer grievance procedures for MPHA MHOP Units at no cost the MPHA agrees to share equally with the Council any costs or expenses, including attorneys fees and adverse awards, the Council may incur as a result of any claims, actions or litigation against the Council related to its administration of the grievance procedures for MPHA MHOP Units. 10. Except as provided in Paragraphs 8 and 9, the City, the HRA, the MPHA md the Council shall remain responsible for its own actions and omissions regarding the MHOP Units which are the subject of this agreement. Nothing itl this agreement shall constitute a waiver by the City. the HRA. the MPHA or the Council of any immunities or limits on liability conferred Page 3 of 5 Pages 4 rJ GJ04 CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Administration Setting Council/Staff Workshop for September 15, 1998 Background: A Council/Staff workshop has been set for September 15, 1998 at 5:00 p.m. The topic is Fee Philosophy & Policy. Requested Action: Council approval of September 15 Council/Staff workshop. I DATE: September 1, 1998 ITEM NO. JJl,L, CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Administration Setting Council/Staff Workshop for October 6, 1998 Background: A Council/Staff workshop has been set for October 6, 1998 at 5:00 p.m. The topic is Enterprises, Liquor & Utility. Requested Action: City Council approval of the October 6, 1998 Council/Staff workshop. DATE: September 1,1998 ITEM NO. III-{Y7, ---------------- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 1, 1998 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Establish Official Meeting Time for City 1Jl.!I Administration Council Meetings Beginning January 1, 1999 Requested Action: City Council to estabish 7:00 p.m. as the official meeting time of the City Council meetings beginning January 1, 1999. Background Information: This item was discussed at the August 18, 1998 Council/Staff workshop. The 7:00 p.m. start time will align the City Counsel meeting with the start time of the Boards and Commissions. I Rev 12/4/95 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: September 1, 1998 SECTION: Consent Calendar ITEM NO. IV.O. DEPARTMENT: ITEM DESCRIPTION: Resolution Relating to Financing of Certain Proposed Projects to Be Undertaken by the Administration -C. Enger City and the BRA in and for the City of Eden Prairie; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code Requested Council Action: It is recommended that the City Council adopt the resolution which: 1. Declares the City's official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds. Backa=round IRS regulations generally require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. Here, the City is declaring their intent to issue bonds for the construction of a fire station and parking structure on the City Center site. The reimbursement resolution indicates the maximum amount of bonds expected to be issued for the project is $3.5 million. This figure is $500,000 higher than the number used in the Fire Station staff report that is also on the agenda. The difference between the two is to account for any additional cost incurred in building a parking structure whose exact size has not been determined. Discussions have ranged from 120 spaces up to 200 spaces with a construction cost between $960,000 and $1.6 million. The exact size and cost will be determined by the City Council upon recommendation by the Staff, as the project proceeds. This resolution sets the maximum bond amount. The Council can issue any amount of bonds less than this amount. Adding an additional $500,000 to the maximum allows the City Council the flexibility to approve an overall parking plan designed to meet the long-term requirements of the City Center, if upon careful examination the City Council wishes to do. Attached Documents: Resolution / CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 98 -_ RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY AND THE HOUSING AND REDEVELOPMENT AUTHORiTY IN AND FOR THE CITY OF EDEN PRAIRIE; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City or the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "Authority") on behalf of the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. ( a) The City and the Authority propose to undertake the following project or projects and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expect that the City or the Authority will issue reimbursement bonds for such project or projects in the maximum. principal amounts shown below: PrQject Maximum Amount of Bonds EAPected to be issued for PrQject Construction of a fire station and parking structure to be leased to the City $3,500,000 .~ (b) Other than (I) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(t)(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(t)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Bud~etaty Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the projects, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will.result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City's fmancial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City or the Authority to make payment of the original expenditures . relating to the projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. Passed by the City Council this 1 st day of September, 1998. Dr. Jean Harris, Mayor Atte&. __________________________________ __ Donald R. Dram, City Finance Director/Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 1, 1998 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Commend the Optimist Club of Eden Prairie Administration for Twenty Years of Service to Community IV.P. Requested Action: Adopt Proclamation commending the Optimist Club of Eden Prairie for twenty years of service to the community. Background Information: For the past twenty years, the Eden Prairie Optimists have devoted time, talent and monies to a variety of projects that support and benefit the youth of Eden Prairie along with the Community. / PROCLAMATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA WHEREAS, The Optimist Club of Eden Prairie was chartered in August 1978; and WHEREAS, the Optimist Club of Eden Prairie has given so much to the Eden Prairie community in its twenty years of existence; and WHEREAS, the Optimist Club of Eden Prairie has provided funds and a wide variety of programs primarily for youths and families in the community; and WHEREAS, the City of Eden Prairie gratefully acknowledges the public-spirited efforts of the Optimist Club of Eden Prairie for its investment made in future adults in this community; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that the City Council commend the Optimist Club of Eden Prairie for its twenty years of service to the Eden Prairie community and congratulate club members as they celebrate their twentieth anniversary. ADOPTED by the Eden Prairie City Council this 1st day of September 1998. Mayor Jean L. Harris EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-1-98 SECTION: PUBLIC HEARINGS ITEM NO. "1l A ' DEPARTMENT: ITEM DESCRIPTION: Community Development EDEN PRAIRIE CITY CENTER AND FIRE STATION Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing: 2. Adopt the Resolution for PUD Concept Amendment on 30 acres; 3. Approve 1st Reading of the Ordinance for PUD District Review on 30 acres and Zoning District Amendment in the 1-5 Zoning District on 30 acres; Background: This is a fire station and a parking deck. Planning Commission Recommendation: On August 24, 1998, the Planning Commission voted 6-0 to approve the project. Supporting Reports: 1. Resolution for PUD Concept Amendment 2. Staff Report dated August 21, 1998 3. Memo from Barb Cross 4. Planning Commission Minutes dated August 24, 1998 I STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner August 21, 1998 Eden Prairie Fire Station City of Eden Prairie City of Eden Prairie 8080 Mitchell Road l. Request for Planned Unit Development Concept Review on 30 acres. 2. Planned Unit Development District Review on 30 acres. 3. Zoning District Amendment in the Industrial Zoning District on 30 acres. 4. Site Plan Review on 30 acres. I .,.:p,;,.t .' _",'I.·t : ~Ai(Q)~ .l I: '.~ ~ ,I , (I) I E~[o)lW~i~KA[" I "--"--"--"--" [~ .. -.. -.. -.. .. ;: ~ I 7! ~ PO) " t~~'~~""'~ • !"'-._ ..... _ooi .~\." .':::-:-j , I r~ -.... 0-. SgD~f ll--r""-"'~' -----~--... .. .....--- COl JH)'17 ~O~~i(7S , , i \ \ (0)\ \ ( ~l I W ~ I- .1 -I 11 1 I I (1) ',21 . .",: .. • • , • • • • • • • • • • • • • • • • • • 3 • I • • • .. • • • • • • • • • I') .... '-,/\-____ -:,"'_=-.~"'-l: .... • . . • • • • • .-:11 .aOll ;1 \ \ • • • . • • • • • :. i • • • ~l) (I) "",.---------- .. --_ .. --_ .. --_ .. ---.--- ."J' __ .' . \~ . ::& \ \ Staff Report Eden Prairie Fire Station August 21,1998 BACKGROUND The site is currently guided industrial. Surrounding land is guided industrial to the north, east, and west, and residential to the south. Surrounding land is zoned industrial and residential. PLANNED UNIT DEVELOPMENT CONCEPT The plan is a fire station and a parking deck. FIRE STATION SITE PLAN The site plan shows the construction of20,357 square foot building on 30 acres at a .10 base area ratio. The City code permits up to a .30 base area ratio. The floor area ratio is .21. The City code permits up to a .50 floor area ratio. (The bar and far numbers include the City Center Building.) The building meets the setback requirements of the industrial zoning district. The amount of parking required is 28. The plan shows 28 spaces. PARKING DECK SITE PLAN The parking deck replaces parking lost by the construction of the fire station. The deck meets setback requirements of the industrial zoning district. The deck will be constructed out of materials to match the building. ARCHITECTURE The building meets the exterior material requirements of the industrial zoning district. The brick and metal colors will match the City Center. Mechanical equipment will screened by metal panel. LANDSCAPING The caliper inch requirement based on building square footage is 63 inches. The landscape plan meets this requirement. UTILITIES AND DRAINAGE Sewer and water is available to the site. A storm water pond is located on the north side of the 2 --------------------------~ --- Staff Report Eden Prairie Fire Station August 21, 1998 City Center. STAFF RECOMMENDATIONS The staff would recommend approval of the, Planned Unit Development Concept Review, Planned Unit Development District Review, Zoning District Amendment in the Industrial Zoning District, and Site Plan Review, based on plans dated August 21, 1998 and subject to the recommendations of the staff report dated August 21, 1998, and subject to the following conditions: A. Submit detailed storm water runoff, utility and erosion control plans for review by the Watershed District. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. 3 EDEN PRAIRIE CITY CENTER AND FIRE STATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT REVIEW OF THE EDEN PRAIRIE CITY CENTER AND FIRE STATION FOR THE CITY OF EDEN PRAIRIE WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Eden Prairie City Center and Fire Station PUD Concept Amendment by the City of Eden Prairie and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on September 1, 1998; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1998. 1. Eden Prairie City Center and Fire Station, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated August 25, 1998; 3. That the PUD Concept meets the recommendations of the Planning Commission dated August 24, 1998. ADOPTED by the City Council of the City of Eden Prairie this 1st day of September, Jean L. Harris, Mayor ATTEST: Donald R. Uram, City Clerk Exhibit A Eden Prairie City Center and Fire Station Legal Description: The SE 114 of the SE 114 of Section 16,T.116,R.22 lying West of Mitchell Road and South of Technology Drive CITY COUNCIL AGENDA DATE: SECTION: Public Hearings/Meetings September 1, 1998 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Eden Prairie Center and Fire Station Facilities Station Description: Station #1, located at Highway 5 and Mitchell Road, is the primary station for the City's volunteer fire department. The 14,500s.f. station was built starting in 1970 and houses administrative and training functions for the entire department. The existing station has already been purchased by MNDOT to construct Highway 212, and is scheduled for demolition. The City of Eden Prairie needs to construct a fire station to replace the station. The replacement station for the City will be approximately 20,000 square feet with the difference in size found primarily in the size of the apparatus bays where the fire trucks and equipment are stored. The station as planned meets all city and state building codes, city ordinances and ADA guidelines. As part of the construction the interior of the fire station will include: • Four drive-thru apparatus bays • Administrative offices • Classroom for training • Equipment repair and maintenance areas • Department supply and equipment storage Kitchen and shower facilities will be provided and are similar in size and finishes to the other two stations within the City. The exterior of the building has been designed to fit into the site as much as possible by keeping the existing berm along Scenic Heights Road and matching the colors of the brick and glass to that of the City Center. The exterior of the fire station will also include: • an additional entrance into the fire station • 28 parking spaces for fire department use • landscaping to meet City of Eden Prairie ordinances • minimal site grading Construction ofthe fire station will be divided into two phases. The first phase will be the construction of the actual fire station building and the improvements to the site immediately adjacent to the fire station. The construction will begin yet this fall and will be completed by June of 1999. Parking Deck and Site Improvements A parking deck will be constructed to replace the parking taken for the fire station. The parking deck will be a one level deck above the existing parking lot,. but will still be hidden from the street because of the grades. A new entry will also be located off of Scenic Heights Road replacing the entry removed with the station. The new entry will line up with the Garden Room entrance and provide a more attractive and direct entrance to the building. The existing City Center entrance off Mitchell Road will remain open and serve as the only entrance during construction. The parking deck will be the second phase of construction and will include the new entry and site improvements to the balance ofthe site. The construction of this phase will begin in March 1999 and be completed by August of 1999. Site Selection Process A building committee made up of City staff and representatives from all three fire stations, was assembled to locate a site and develop plans for replacement. The first step in the process was for the fire fighters to define all of the specific requirements needed to minimize response time for the volunteer department. Other considerations were discussed and added to the list which were established to be consistent with City goals and policies. The result was a list of criteria that was used to consistently evaluate each of the parcels considered as a possible site for the station. The criteria which were used are generally described as: • close proximity to fire fighters • good access onto major traffic routes • compatible land use • economically feasible • site must be large enough to allow a flexible plan • environmentally compatible • quick acquisition and development potential The committee looked at numerous sites within the service area of the existing station. A wide variety of parcel and land uses were evaluated. Vacant parcels of any size were considered as well as all City owned land or property. As the list of criteria was applied to each site, certain factors became evident; • Traffic congestion was a problem anywhere along Mitchell Road • Traffic congestion was magnified north of Technology Drive • Public opposition escalates south of Scenic Heights/Anderson Lakes Parkway • Response times increased the farther the station was located away from fire fighters • The cost of purchasing and maintaining land was expensive. • During the 2-3 year construction process for 212 alternate routes must be available After carefully considering and weighing all of the factors, the building committee selected the Methodist Church site as the number one site. Unfortunately the site had extremely poor soils and the cost ofthe land plus the cost to correct the soils within a limited period oftime was prohibitive. The building committee went back to the drawing board and reevaluated sites. The City Center site was chosen for the following reasons: • proximity to fire fighters • access • relationship to City owned buildings • costs • parking deck Neighborhood Meeting A neighbor hood meeting was held Tuesday, August 11, 1998 to present the plan to residents. Notices were sent out following the guidelines established for other development proposals. Ten people came to see the plans. The architects, City Staff and representatives from the fire department were there to answer their questions. Many of their comments concerning how the building would look from their homes had been already addressed by leaving the existing berm intact. Some fine tuning of the placement of trees and shrubs will be done to maximize screening. Neighborhood comments were generally positive and the residents acknowledged the City had taken many of their concerns into consideration prior to designing the station. Financial Considerations: The City received approximately $1.5 million from MNDOT for the acquisition of the building and the property to complete Highway 212. The budget for the fire station is approximately $2.7 million. The parking lost due to the construction of the fire station and in lieu of land costs has a budget of approximately $1.3 million. The City will issue bonds up to 3 million dollars to fund the replacement ofthe fire station. /0 Close proximity to Easy access to and Small site -limited Office industrial to Fall 1995/Spring 99 No land costs Small site limits ·Campus" of City City Center -fire fighters from station -no number of options north and east is possible if: Replacement screening buildings with C.H. Robinson Site One stop light traffic congestion on a small site Church west -limited opposition parking for C.ll. possibilities shared facilities assuming light at Residential to south -c.ll. Robinson Robinson C.H. Robinson Mitchell and Some opposition approves plans pleased with Anderson Lakes possible possibility of better Parlcway entrance & parking Opportunity to / enhance City • Center Close proximity to Very good, getting Good flexibility OfficelIndustrial to Fall 1995/Spring 99 S3.00/sq. ft. asking IS' poor soil ·Campus· of City Methodist fire fighters to and from station Lots of parking due north and east, is possible if: price for land Site needs fill buildings is Church Site One stop light, Close to both EIW to shared parking church to west,and -limited opposition (S500,000) Minimal tree loss convenient assuming light at (Scenic Heights and arrangement residential to south. -quick church neg. SSOO,OOO estimate will occur Parking Mitchell and Anderson Lakes Opposition will be Poor soils will be to correct soils Screening is possibilities distant Anderson Lakes Parlcway) and N/S minimal. expensive to possible from City Center Parlcway (Mitchell Road) excavate & replace Good site distance Good compromise ---. access. of all factors ---Church wants design review and input , Close proximity to Great in all Corner site with OfficelIndustrial Appraisals ADC Soils? Probably most ADCSite fire fighters directions good flexibility Residential Public hearings Asking price Tree mass will be expensive site Anderson Lakes! One or fewer lights townhomes to the Funding S5.00-SS.50/sf lost Good overall site, 'Mitchell Some congestion south Development deal Three acres Site needs fill if money available possible ?For April 1999 Difficult access 212 construction is Lots of land would Public/Office! Could easily be City owned Significant trees 212 construction 7900 Mitchell from fU'C fighters expected to last have most options Commercial accomplished by property Fuel tank for will be special Two stop lights and 2-3 years for station design Public opposition letting of bids for Apparatus bays emergency problem at this site major backups -left Traffic congestion Drive thru station not expected 212 would need to be generator needs to Congestion will turns and stacking could would be possible Good PR with reuse constructed, office be upgraded always bea Left tum in traffic be problem of site across from space already exists problem -traffic slows response time control a must Radio tower can stay Fire Station may not be highest and best use of site Difficult access for Traffic congestion Comer site with OfficelIndustrial Site negotiations Trade? unknown Tree loss -mature Unknown how CPA fire fighters getting would be a problem good flexibility Opposition not oaks likely this option is Mitchelvr echnology to station Major traffic routes likely if City can Two lights except west acquire site Left tum Closest site to fire Easy access to and Comer lots each on Residential Negotiate with Expensive McCoy Lake is Purchasing Cumberland! fighters from station five acres allows -Boulder Point owner for sale not residential property public water residential ,/ Mitchell No lights or Mitchell Road is many options for likely to oppose condemnation Tree loss (planted) property and congestion majorN/S layout -Homesteaded Public hearings to Screening is selling 7900 will connection property approve in possible to east and raise eyebrows residential area north Difficult access for Lots of travel Limited number of OfficelIndustrial Soil corrections will City owned, but Wetland Tenant opposition City Center -fire fighters distance to access options on a small Public opposition be necessary under tenants encroachment from school School Site Two Slop lights main roads site not likely but Negotiations with exclusive control Poor soils likely (safety) & C.H. ~ Fair northeast Backing of trucks tenants of City will tenants Expect dollars for Tree mass will be Robinson expected Poor southwest Major storm sewer oppose Fall 1998/Spring 99 screening and lost running under site time schedule building materials No screening possible possibilities No stop lights Very good getting Poor ResidentiallPark Public hearing and City ownership Poor soils 1/3+ of park lost Pheasant Woods Park Close proximity to to and from station Limited land = Neighborhood soil corrections will No land costs -Wetland Poor soils fire fighters Mitchell Road is limited options opposition likely eat into Fall 19981 expect costs for soil encroachment Public opposition mainNIS Back in not drive even among fire Spring 99 deadline corrections, No screening connection thru thru bays fighters screening and finish possibilities town materials necessary Good site distance to appease residents for pull out Poor response time Fair -Poor Probably good -Industrial Not a quick option Eaton -City to Pond to be fIlled Public Works! ·Poor" It's a long way to layout and amount Site negotiations negotiate for Eaton Site Two lights -left major N/S & EIW of land has not been Fill pond -soil outdoor storage tum congestion routes done corrections under barblbublftre.ite UAPPROVED PLANNING COMMISSION MINUTES August 24, 1998 Page 1 C. EDEN PRAIRIE FIRE STATION by City of Eden Prairie. Request for Planned Unit Development Concept Amendment on 30 acres, Planned Unit Development District Review on 30 acres, Zoning District Amendment in the 1-5 Zoning District on 30 acres, and Site Plan Review on 30 acres. Location: 8080 Mitchell Road. Spence Conrad, Eden Prairie Fire Chief, reviewed the plans for the new Fire Station. He noted that the Eden Prairie Fire Department is an all-volunteer department and they have had a six-member board that has been meeting for over a year to decide what they need and what they do not want. They have considered several sites throughout Eden Prairie and selected this site as the best one to meet their requirements. Foote asked when the existing Fire Station would be taken down and Conrad responded they really do not know, but it could be as early as November of this year. Alexander asked if there were any drivers or pump operators that were full time and Conrad responded there were not. He outlined the department structure and explained the way they function. Clinton asked about the entrance and exit to the new building and Conrad responded it will be from Scenic Heights Road. Clinton asked if they would need stacking distance on Mitchell Road and Conrad responded he did not believe it was needed at this time. Paul Maclure discussed the staging of the parking ramp and Fire Station construction. Habicht asked how many responses they had last year and Conrad responded they had about 1,200 calls last year but they varied all the time. Habicht asked about the berm and if it would be retained and Conrad responded they want to keep it. They will take Scenic Heights Road to Mitchell Road and then go either north or south on that. Franzen noted that the intersection of Scenic Heights Road and Mitchell road will be a controlled intersection, and the berm adjacent to that will be lowered and some plant materials will be moved to improve the sight distance. Foote asked if the sirens would be turned on as soon as they would leave the station and Conrad responded they try to be sensitive to the surrounding neighbors and they may tum the lights on but try to leave the sirens off until they get out into the main traffic. Franzen reviewed the staff report and stated staff recommended approval subj ect to the stipulations on page 3 in the Staff Report. The Public Hearing was opened. Todd Hong, 8210 Hiawatha Circle, commented he was disappointed in the process as he had received his first notice of this proposal three weeks ago, and there was no longer any opportunity for meaningful input into the site selection process. He moved into Eden Prairie about a year ago and found it was a very peaceful quiet neighborhood, and now was astounded to learn there would be a fire station across the street. He appreciated the efforts that went into the building design and he also appreciated the efforts of the volunteer Fire Department. Foote asked ifthere had been a neighborhood meeting held and Franzen responded it was held on August 11, 1998. Franzen noted staff considered several sites and they had to look at the proximity for Fire Department volunteers to get to the station. The City Council made the decision regarding where this station should be located. It makes sense to use property already owned by the City instead of purchasing more land. Alexander commented she felt it was a well thought-out plan and she supported it. Habicht stated he was comfortable that the City adheres to the same standards as all developers do within Eden Prairie, and he supported the project. Lewis asked if the residents had any issues with the plan and Hong responded that aesthetically it was an excellent design but his major concern was with the noise issue. Lewis asked what section of the City the station would serve, and Conrad responded it serves the entire City, as do all the Fire Stations. Lewis commented she thought it was a beautiful building and she requested that the Volunteer Fire Fighters give the surrounding neighborhoods as much consideration as possible regarding the noise issues. She supported the project. Clinton stated he found the building aesthetically beautiful and in keeping with the City Center and the surroundings, and it will be constructed within a reasonable time frame. He requested the Fire Chief to instruct his volunteers to be sensitive to the noise issues. Foote and Habicht concurred with Clinton. MOTION: Alexander moved, seconded by Lewis, to close the Public hearing. Motion carried 6-0. MOTION: Alexander moved, seconded by Lewis, to recommend approval ofthe request of the City of Eden Prairie for Planned Unit Development concept Review on 30 acres, Planed Unit Development district Review on 30 acres, Zoning District Amendment in the I-5 Zoning District on 30 acres, and Site Plan Review on 30 acres based on plans dated August 21, 1998 and subject to the recommendations of the Staff Report dated August 21, 1998. Motion carried 6- O. II-{ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-1-98 SECTION: PUBLIC HEARINGS ITEM NO. V.B. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger GUSTAFSON SUBDIVISION Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing 2. Adopt the Resolution for Preliminary Plat on 2.32 acres into 2 lots 3. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Background: This site is part of the Cardinal Ridge North development approved in 1987. The proposal is to subdivide the 2.32 acre lot into 2 lots to permit the construction an additional single-family house. The proposed frontage for each lot is 32.95 feet and will require variances from the Board of Adjustments and Appeals. City Code requires 55 feet on a cul-de-sac. The variances may have merit since the property is large and can support the additional lot. The cul-de-sac could have been extended farther east when Cardinal Ridge was developed, but it would have resulted in a much greater tree loss for the development. The plans have been revised according to the staff report. A resident indicated that the project does not meet the private restrctive covenants on tree removal and slopes. The Planning Commission indicated that the City does not enforce restrictive covenants and it is the responsibility of the association to enforce them. Planning Commission Recommendation: The Commission voted 6-0-1 to recommend approval at its August 10, 1998 meeting. Habicht abstained. Supporting Reports: 1. Resolution for Preliminary Plat 2. Staff Report dated August 7, 1998 3. Planning Commission Minutes dated August 10, 1998 / GUSTAFSON SUBDIVISION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF GUSTAFSON SUBDIVISION FOR JEFFREY GUSTAFSON BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Gustafson Subdivision dated August 21, 1998, consisting of 2.32 acres into 2 single family lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 1st day of September, 1998. Jean L. Harris, Mayor ATTEST: Donald R. Uram, City Clerk , STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT! FEE OWNER: LOCATION: REQUEST: Planning Commission Scott A. Kipp, Senior Planner August 7, 1998 Gustafson Addition Jeffrey Gustafson 13241 Holasek Lane 1. Preliminary Plat of2.32 acres into 2 lots. ( I) .. I. .. t .. .•• , -%0 •• ",-.",-~-. ............. \ \ \ ; ( \ ........... . i .4. ...:.. .Y \ Staff Report Gustafson Addition August 7, 1998 BACKGROUND This site is part of the Cardinal Ridge North development approved in 1987. The existing lot is zoned RI-13.5. A new house was recently constructed on the property. The proposal is to subdivide the 2.32 acre lot into 2 lots to pennit the construction an additional single-family house. PRELIMINARY PLAT The plat shows 2 lots of67,720 sq. ft. and 38,361 sq. ft. Minimum lot size is 13,500 sq. ft. in the Rl- 13.5 zoning district. All setbacks are met for the RI-13.5 zoning district. City Code requires a minimum lot frontage of 55 feet on a cul-de-sac. The proposed frontage for each lot is 32.95 feet and will require variances from the Board of Adjustments and Appeals. The variances may have merit since the property is large and can support the additional lot. The cul-de- sac could have been extended farther east when Cardinal Ridge was developed, but it would have resulted in a much greater tree loss for the development. The plat will need to show standard five-foot drainage and utility easements along the common lot line. GRADING AND DRAINAGE A total of 412 diameter inches of significant trees are on the property. Tree loss is 64 diameter inches, or 15.5%. This is below the average 30% tree loss for residential development. Tree replacement is 13 caliper inches according to City Code. A retaining wall system is proposed. This wall should be constructed of modular masonry material. UTILITIES City sewer and water is available in Holasek Lane. RECOMMENDATIONS Staff would recommend approval of the Preliminary Plat of2.32 acres into 2 lots, based on plans dated August 3, 1998, the staff report dated August 7, 1998 and the following: 1. Prior to City Council review, the proponent shall: A. Revise the plat to show standard five-foot drainage and utility easements along the UNAPPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMMISSION MONDAY, AUGUST 10, 1998 COMMISSION MEMBERS: STAFF LIAISON: 7:00 PM, CITY CENTER Council Chambers 8080 Mitchell Road Beverly Alexander, Kenneth E. Clinton, Laurence Dorn, Jr., Randy Foote, Bill Habicht, Rebecca Lewis, Douglas Sandstad Mike Franzen, City Planner, and Barbara Anderson, City Recorder I. PLEDGE OF ALLEGIANCE -ROLL CALL Chair Foote called the meeting to order at 7:00 p.m. II. APPROVAL OF AGENDA MOTION: Clinton moved, seconded by Alexander, to approve the Agenda as published. Motion carried 7-0. III. APPROVAL OF MINUTES MOTION: Clinton moved, seconded by Dorn to approve the Minutes of July 13, 1998 as submitted. Motion carried 6-0-1. Lewis abstained. IV. PUBLIC HEARINGS A. GUSTAFSON SUBDIVISION by Jeffrey Gustafson. Request for Preliminary Plat of 2.32 acres into 2 single family lots. Location: 13241 Holasek Lane. Jeff Gustafson reviewed the plans for Preliminary Plat of 13241 Holasek Lane. He stated he had talked to all the neighbors on Holasek Lane about his plans, and none of them expressed opposition to him. He described the site and the location of the house on the property. He noted there will be minimal tree loss with this plat and they can save one more tree if they utilize a common curb cut for access, which he was very willing to do. He discussed the tree loss and his willingness to plant more trees to replace any that are lost on the boulevard of Holasek Lane. He discussed the drainage from his property and noted he has installed curbing along the side of the house to contain the runoff and direct the water out to the street where it flows into the storm sewer system. Franzen noted staff recommended approval of the plat. -PLANNING COMMISSION MINUTES August 10, 1998 Page 2 The Public Hearing was opened. Marilyn Mizhale, 6459 Pinnacle Drive, commented that Holasek Drive is a very short street and the real neighborhood is around the lake on Pinnacle Drive. The house appears to have three stories and they look at a huge roof now. They are concerned that the proponent has failed to abide by the restrictive covenants which cover his property. She read the restrictive covenants for Cardinal Ridge in relation to protection of the natural resources and implied that Mr. Gustafson has substantially removed much of the tree cover. She discussed the slope on the property and noted the restrictive covenants stipulate that any slope shall not exceed 5% and this new lot would have an access that was too steep. Sandstad explained that the City did not enforce restrictive covenants, but these were something residents of a neighborhood chose to impose upon themselves. Franzen noted the only thing the City can do is review the project according to the Ordinance and anything else is outside the City's purview. He recalled the City had granted front yard setback variances in this area to preserve trees in the back yards of the houses along Pinnacle Drive. Julie Roettger, 6431 Pinnacle Drive, was concerned about the adequacy of the storm sewer system to handle the runoff from the site. Franzen responded the storm sewer was designed to handle runoff from 4-5 lots. Roettger commented that the amount of tree loss will increase the noise from 1-494 which is now blocked, and the tree loss will also cause erosion. Sandstad asked if this development really had an impact on her property and she responded that when the trees are taken down it increases how far noise travels in an area, and there will be less foliage to absorb the noise from 1- 494. Alexander expressed concern that this plat was coming before the Planning Commission after the house was under construction. Franzen responded that since this was a lot previously approved by the City, the owner was entitled to one building permit. The decision for the Planning Commission is if there should be a second lot. Franzen responded that this lot was approved as part of a plat for the entire area Franzen added that the tree loss calculations were based on that entire development. MOTION: Alexander moved, seconded by Lewis, to close the Public Hearing. Motion carried 7-0. MOTION: Alexander moved, seconded by Lewis, to recommend to the City Council approval of the request of Jeffrey Gustafson for Preliminary Plat of 2.32 acres into 2 single family lots based on plans dated August 3, 1998 and subject to the recommendations of the Staff Report dated August 7, 1998. Motion carried 6-0-1. Habicht abstained. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 9-1-98 SECTION: PUBLIC HEARINGS ITEM NO. -sL, ~ · DEPARTMENT: ITEM DESCRIPTION: Community Development CROSSTOWN CIRCLE CENTRE Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing 2. Adopt the Resolution for PUD Concept Review on 10.92 acres 3. Approve 1st Reading of the Ordinance for PUD District Review on 10.92 acres and Zoning District Amendment in the Office District on 10.92 acres 4. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Background: This is a six story, 166,000 square foot office building. Owners of the adjoining businesses spoke about the traffic problems on Crosstown Circle. The Planning Commission directed the developer to complete a traffic study and determine if any road improvements are needed. The traffic study indicates a need to widen Crosstown Circle and for the City to continue its plans to improve Flying Cloud Drive to four lanes. Planning Commission Recommendation: On August 10, 1998, the Parks and Recreation Commission voted 7-0 to approve the project. Parks and Recreation Commission Recommendation: On August 15, 1998, the Parks and Recreation Commission voted 7-0 to approve the project. Supporting Reports: 1. Resolution for PUD Concept Review 2. Staff Report dated August 7, 1998 3. Planning Commission Minutes dated August 10, 1998 CROSSTOWN CIRCLE CENTRE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT REVIEW OF CONTINENTAL PROPERTY GROUP WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Crosstown Circle Center PUD Concept Amendment by Continental Property Group and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on September 1, 1998: NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1998. 1. Crosstown Circle Centre, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated August 25, 1998. 3. That the PUD Concept meets the recommendations of the Planning Commission dated August 10, 1998. ADOPTED by the City Council of the City of Eden Prairie this 1st day of September, Jean L. Harris, Mayor ATTEST: Donald R. Uram, City Clerk Exhibit A Crosstown Circle Centre Legal Description: Lot 3, Block One, Crosstown Industrial Park 2nd Addition STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner August 7, 1998 Crosstown Circle Centre Continental Property Group Continental Property Group Crosstown Circle. l. Request for Planned Unit Development Concept Review on 10.92 acres. 2. Planned Unit Development District Review on 10.92 acres. 3. Zoning District Amendment in the Office Zoning District on 10.92 acres. 4. Site Plan Review on 10.92 acres. 1 11)4. 17 II(S ._./"\ \' ".,,\ ~Ill.-. / ,.,1 :. . .. • .,~"""':' ,lI. ,~,,! -:;~ 1 •• r.~~i\-....:;;-.; ... I1., \".. ...... - ~ I , -",,.. " I / 'J ~ :;1) -" ()4) " "'." ..... ... ~'II'.,p ..... (4) I (7) :J II I HEstJ ell AtJDIJ ! ..... I t:l .or.... \ -t', .•. __ ... .\ , I I I I I , I I I I I , ,-_ .. _----.. ': ;, :, i\ o ~\ Z !~ :1 : i i,; ,. , '-'0 , !§ , ,~ ' ... '''' , , , , , : I ~ , , I I I i Staff Report Crosstown Circle Centre August 7,1998 BACKGROUND The site is currently guided office. Surrounding land is guided office, industrial, and open space. The site is currently zoned office. Surrounding land is zoned office and industrial. In 1977 the City approved a development for a one story 40,000 square foot office building and a two-story 32,000 square foot office building. SITE PLAN The site plan shows the construction of 166,964 square foot building on 10.92 acres at a .05 base area ratio. The City code permits up to a .30 base area ratio. The floor area ratio is .35. The City code permits up to a .50 floor area ratio. The building meets the setback requirements of the office zoning district. The amount of parking required is 668 spaces. The plan provides 683 spaces. PLANNED UNIT DEVELOPMENT WAIVERS The project requires a building height waiver from 30 to 74 feet. The waiver is reasonable for the following reasons: 1. The site plan preserves the best features of the site. 2. The site is adjacent to a highway. 3. The site is surrounded by office and industrial. ARCHITECTURE The buildings meet the exterior material requirements of the office zoning district for brick, glass, and stone. The parking deck must also meet exterior material requirements. The proposed material is concrete. The material should be a stone veneer similar to the building. Mechanical equipment will be inside of the building. 2 Staff Report Crosstown Circle Centre August 7, 1998 PRESERVATION OF NATURAL FEATURES One of the purposes of the tree ordinance is to provide an incentive for creative land use and good site design which preserves trees while allowing development in wooded areas with mitigation for tree removal. With a wooded site and a wetland, the challenge for the City and the developer was to find the best location for the building and parking deck which would best preserve the site features. The plan in you packet represents the third layout analyzed by staff and the developer which is the best plan for the property for the following reasons. 1. The site plan preserves the high point on the property at elevation 954. The hill with tree cover is the same height of the building at elevation 986. 2. The building and parking deck are surrounded by trees. The view of this building from the highway would be similar to the view of the Gelco building from 494. 3. The 57% tree loss is better than the approved plan. The approved plan was a 65% tree loss. 4. The plan preserves natural vegetation between the building and the wetland. LANDSCAPING AND TREE REPLACEMENT The caliper inch requirement based on building square footage is 522 inches. The site has 4,310 caliper inches of significant trees. Tree loss is 2,475 inches or 57%. The required tree replacement is 1,876 inches. It is physically possible to meet the landscaping and tree replacement requirement on site with 480,5-inch shade trees or 12-foot conifers planted fifteen feet apart. Size the survival rate of large transplanted trees is lower than smaller sizes, the staff would recommend planting as many trees as possible according to range of tree sizes required by ordinance from 2.5 to 5 inches. Sixty percent ( 60) would be between 2.5 to 3.5 inches in size. The landscape plan shows 1,227 inches of trees. The remaining 1,171 required inches could be replaced on other sites owned by the developer or on City property. UTILITIES AND DRAINAGE Sewer and water is available to the site. A NURP pond is shown on the plan. 3 7 Staff Report Crosstown Circle Centre August 7, 1998 TRAFFIC The City's Transportation Plan evaluates traffic projections based on existing buildings and the guide plan for undeveloped sites developing according to City code. The identified transportation improvements are a four lane Shady Oak Road, A four lane Flying Cloud Drive and a four lane Valley View Road. HISTORIC AND CULTURAL RESOURCE The property has one historic site (HE-EPC-012) surveyed and recorded by the Minnesota Historical Society in 1988. The site consists of a stone masonry ruins of what apparently was a recreational structure. According to the 1988 survey report the structure ruins were in a deteriorated condition with visible fire blackened masonry. Locally the structure is referred to as the "gazebo", but no recorded historical use of the structure is available. The only known historic photos showing the intact structure are in the possession of Larry Russell, a one time Eden Prairie resident now living in Northern Minnesota. Little else is known about the builder, use of or construction data. Based on available information and the deteriorated condition of the structure it is recommended that the structure be photo documented prior to construction activity. STAFF RECOMMENDATIONS The staff would recommend approval ofthe, Planned Unit Development Concept Review, Planned Unit Development District Review, Zoning District Amendment in the Office Zoning District, and Site Plan Review, based on plans dated August 7, 1998 and subject to the recommendations of the staff report dated August 7, 1998, and subject to the following conditions: 1. Prior to City Council review the proponent shall: A. Provide a tree replacement plan for offsite tree replacement. 2. Prior to Building Permit issuance, the proponent shall: A. Pay the appropriate cash park fee. 4 Staff Report Crosstown Circle Centre August 7, 1998 B. Meet with the Fire Marshal to go over fire code requirements. C. Submit samples of exterior building materials for review. D. Submit a landscaping and screening bond for review. E. Submit detailed storm water runoff, utility and erosion control plans for review by the Watershed District. F. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. 3. Prior to grading, the proponent shall notify the City Engineer, Watershed District, and City Forester. Construction fencing must be in place and approved by the City Forester prior to grading and tree removal. 4. The following waiver from the City code is granted as part of the Planned Unit Development District Review in the Office Zoning District: A. Building height from 30 to 74 feet. 5 9 Memorandum To: Mike Franzen, City Planner Scott Kipp, Senior Planner From: Stuart A. F&nager of Parks and Natural Resources Date: August 18, 1998 Subject: Review of the Crosstown Circle Centre by Parks Commission On August 17,1998, the Parks, Recreation and Natural Resources Commission reviewed the project. The Crosstown Circle Centre project was approved on a 7-0 vote. The approval was subject to the recommendations included in the staff memos. The additional tree replacement needed to meet the required amount was addressed by Tim Sheridan, on behalf of Brad Hoyt. He reported that the Eden Inn property had been purchased and that they intended to plant the additional trees on this site. The commissioners asked if there was any park property which needed trees. The staff stated that we could not require the developer to plant trees on City property but would be open to any tree donations if they chose to offer trees for planting in a park. A landscape plan for the needed plant material should be prepared as an exhibit to the developers agreement. ag15prnrlsfox UNAPPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMMISSION MONDAY, AUGUST 10, 1998 COMMISSION MEMBERS: STAFF LIAISON: 7:00 PM, CITY CENTER Council Chambers 8080 Mitchell Road Beverly Alexander, Kenneth E. Clinton, Laurence Dorn, Jr., Randy Foote, Bill Habicht, Rebecca Lewis, Douglas Sandstad Mike Franzen, City Planner, and Barbara Anderson, City Recorder I. PLEDGE OF ALLEGIANCE -ROLL CALL Chair Foote called the meeting to order at 7:00 p.m. II. APPROVAL OF AGENDA MOTION: Clinton moved, seconded by Alexander, to approve the Agenda as published. Motion carried 7-0. III. APPROVAL OF MINUTES MOTION: Clinton moved, seconded by Dom to approve the Minutes of July 13, 1998 as submitted. Motion carried 6-0-1. Lewis abstained. IV. PUBLIC HEARINGS A. GUSTAFSON SUBDIVISION by Jeffrey Gustafson. Request for Preliminary Plat of 2.32 acres into 2 single family lots. Location: 13241 Holasek Lane. Jeff Gustafson reviewed the plans for Preliminary Plat of 13241 Holasek Lane. He stated he had talked to all the neighbors on Holasek Lane about his plans, and none of them expressed opposition to him. He described the site and the location of the house on the property. He noted there will be minimal tree loss with this plat and they can save one more tree if they utilize a common curb cut for access, which he was very willing to do. He discussed the tree loss and his willingness to plant more trees to replace any that are lost on the boulevard of Holasek Lane. He discussed the drainage from his property and noted he has installed curbing along the side of the house to contain the runoff and direct the water out to the street where it flows into the storm sewer system. Franzen noted staff recommended approval of the plat. I( PLANNING COMMISSION MINUTES August 10, 1998 Page 2 The Public Hearing was opened. Marilyn Mizhale, 6459 Pinnacle Drive, commented that Holasek Drive is a very short street and the real neighborhood is around the lake on Pinnacle Drive. The house appears to have three stories and they look at a huge roof now. They are concerned that the proponent has failed to abide by the restrictive covenants which cover his property. She read the restrictive covenants for Cardinal Ridge in relation to protection of the natural resources and implied that Mr. Gustafson has substantially removed much of the tree cover. She discussed the slope on the property and noted the restrictive covenants stipulate that any slope shall not exceed 5% and this new lot would have an access that was too steep. Sandstad explained that the City did not enforce restrictive covenants, but these were something residents of a neighborhood chose to impose upon themselves. Franzen noted the only thing the City can do is review the project according to the Ordinance and anything else is outside the City's purview. He recalled the City had granted front yard setback variances in this area to preserve trees in the back yards of the houses along Pinnacle Drive. Julie Roettger, 6431 Pinnacle Drive, was concerned about the adequacy of the storm sewer system to handle the runoff from the site. Franzen responded the storm sewer was designed to handle runoff from 4-5 lots. Roettger commented that the amount of tree loss will increase the noise from 1-494 which is now blocked, and the tree loss will also cause erosion. Sandstad asked if this development really had an impact on her property and she responded that when the trees are taken down it increases how far noise travels in an area, and there will be less foliage to absorb the noise from 1- 494. Alexander expressed concern that this plat was coming before the Planning Commission after the house was under construction. Franzen responded that since this was a lot previously approved by the City , the owner was entitled to one building permit. The decision for the Planning Commission is if there should be a second lot. Franzen responded that this lot was approved as part of a plat for the entire area Franzen added that the tree loss calculations were based on that entire development. MOTION: Alexander moved, seconded by Lewis, to close the Public Hearing. Motion carried 7-0. MOTION: Alexander moved, seconded by Lewis, to recommend to the City Council approval of the request of Jeffrey Gustafson for Preliminary Plat of 2.32 acres into 2 single family lots based on plans dated August 3, 1998 and subject to the recommendations of the Staff Report dated August 7, 1998. Motion carried 6-0-1. Habicht abstained. /~ PLANNING COMMISSION MINUTES August 10, 1998 Pag~3 It. CROSSTOWN CIRCLE CENTRE by Continental Property Group. Request for Planned Unit Development Concept Review on 10.92 acres, Planned Unit Development District Review on 10.92 acres, Zoning District Amendment in the Office Zoning District on 10.92 acres, and site Plan Review on 10.92 acres. Location: Crosstown Circle. Scott Wiesling, Architect, and Alan Brentman, landscape architect were present representing Continental Property Group. Wesley reviewed the plans for the proposed building and the design history of the project. He discussed the exterior finish materials they propose to use on the building. He reviewed the parking which has 41 stalls under the building and there is an attached parking deck which meets the remainder of the parking requirements. Allen Kretman reviewed the tree preservation plan on the site and noted they have kept most of the trees along the freeway as well as along the south side of the site. They also plan to reestablish the trees on the perimeter of the site and yet intend to be sensitive to the natural features on the site. He reviewed the grading plan and discussed the elevations and access to the site. They have created a storm water drainage area on the site which will tie into the storm water drainage system in this area. He commented they feel they have designed a building that will be both attractive and will preserve as many natural features on the site as possible. Clinton asked about the parking structure and how it would be viewed from adjacent properties. Kretman responded that it was mostly screened by the topography and buffering on the site but the top level would be slightly visible. Habicht asked what portion of the building was pre-leased, and Wesley responded none of it was leased at this time. Dorn asked what the exterior materials would be on the parking structure and Wesley responded that they would use some of the same materials that were being used on the building but since the plans were revised again last week to meet staff requirements, this item was not yet finalized. Discussion ensued regarding the screening from County Road 62 on the north side and how the parking deck would be buffered from view. The screening from the west was discussed. Franzen noted the City Ordinance requires screening of parking lots from public roadways and the only point where the parking deck will be visible will be from the ramp by the exit ramp to 212 or the 212 overpass. Franzen reviewed the staff report and described the challenge of fitting a building on this site and yet preserving the best features of that site. Staff recommended approval of the project. The Public Hearing was opened. Dick Anderson, 11380 Windrow Drive, Belle Plain, Vice President of Operations for Minnesota Supply Company, stated they have some grave concerns regarding the way this building is being put on the site. At this time the traffic is backing onto Flying /3 PLANNING COMMISSION MINUTES August 10, 1998 Page 4 Cloud Drive from Crosstown Circle and there is no stacking room on Crosstown Circle. They have problems with people cutting through their parking lot now to get out and if they have another 650 people in this area it will only cause more problems. The other buildings in the area are only two stories high. There is some mention in the staff report ofa four-lane Flying Cloud Drive, and he inquired when this would be constructed. He also wanted to know what would happen with the intersection of Flying Cloud Drive and Crosstown Circle. Franzen responded that the expansion of Flying Cloud Drive to four lanes was scheduled to occur within the 1999-2005 time frame, but it was difficult to specify an exact date when this would occur. The roadway was designed to serve the businesses that are on that road according to the traffic projections at the time the area was platted. Larry Voehl, 9202 Breckenridge Lane, stated he owns the building with the beverage company and they are also concerned about the traffic because they have problems now and they need more accesses into the area. The surveyors cut branches off their trees and the soil boring people drove across their lawn to gain access to this site, and they want to be sure this does not continue. Clinton asked if staff had any information regarding how the ramp meters were adjusted and Franzen responded he understood the sequence was based on the total numbers of cars that were on the highways at a given time of day. Clinton commented the ramp meters cause the back-up problems but the City cannot change that. Alexander commented she liked the concept and felt it was a very nice building, but she was also concerned about the traffic in this area. She asked if it would be possible to shift times so people were not all trying to leave or arrive at the same time, and Kretman responded they have developed traffic management plans in conjunction with the neighbors to facilitate a smooth traffic flow through the area with other developments and were willing to do that with this one as well. Habicht commented he supported the project with the exception ofthe traffic issue. Franzen commented that on a property zoned office the City must allow the proponent to construct what they are entitled to under the Ordinance. In other similar situations where the plan exceeds the site coverage allowed by code the City has required the developer to pay for the costs of the needed roadway improvements. He suggested the proponents do a traffic study prior to City Council review of the project to look at the access and some changes that could be made. MOTION: Sandstad moved, seconded by Lewis, to close the Public Hearing. Motion carried 7-0. MOTION: Sandstad moved, seconded by Lewis, to recommend to the City Council approval of the request of Continental Property Group for Planned Unit Development Concept Review on 10.92 acres, Planned Unit Development District Review on 10.92 acres, Zoning District Amendment in the Office Zoning District on 10.92 acres, and /4- PLANNING COMMISSION MINUTES August 10, 1998 Page 5 site Plan Review on 10.92 acres based on plans dated August 7, 1998 and subject to the recommendations of the Staff Report dated August 7, 1998 with the additional stipulation that the Planning Commission strongly recommends that the proponent cooperate with the City in reevaluating the existing cul-de-sac to see if there is any way to improve the traffic situation. Motion carried 7-0. Franzen noted this item would be scheduled for City Council review on September 1, 1998 and there would be time to identify any improvements that could be made before then. V. PUBLIC MEETING VI. MEMBERS' REPORTS Clinton commented he had been approached by several children who were circulating a petition to save Staring Lake and he asked if staff had any knowledge of such a petition. Franzen responded he had not heard of one. Dom inquired about the status of the landscaping around the City Center and what the status was for that and Franzen responded he would have a report for the Commission at their next meeting. Dom also noted there was an old abandoned house across from Super America on Flying Cloud Drive and Pioneer Trail and he asked if the City could do something to make the entrance to Eden Prairie more attractive. Franzen responded he would look into it and have information for the Commission at the next meeting. Clinton asked about directional signs to the mall. Franzen responded he would have an answer at the next meeting. Foote stated he had spend the past two weeks driving around the country and looking at other cities, and from what he had observed, he thought Eden Prairie does an excellent job of planning the City. Clinton commented he had been in Arlington,Virginia and he was impressed with the way they have blended their commercial and residential areas together so it is not obvious where one begins and the other ends. VII. CONTINUING BUSINESS VIII. NEW BUSINESS IX. PLANNERS' REPORTS Franzen noted there were several items scheduled for the next meeting, which include the new fire station, a small addition to the Assembly of God Church on Duck Lake Trail, and the Villas At Purgatory Creek on Sunnybrook Road. IS- r----------------------------------------------- PLANNING COMMISSION MINUTES August 10, 1998 Page 6 x. ADJOURNMENT MOTION: Clinton moved, seconded by Habicht to adjourn the meeting. Motion carried 7-0. The meeting adjourned at 8:45 p.m. To: Through: From: Date: Subject: BACKGROUND: Memorandum Parks, Recreation and Natural Resources Commission Mayor and City Council Bob Lambert, Director of Parks, Recreation and Natural Resources Stuart A. Fox, Manager of Parks and Natural Resources August 26, 1998 Supplemental Staff Report to the City Planner's Staff Report for Crosstown Circle Centre Dated August 7, 1998 The site is located on the Crosstown Circle cuI de sac and is currently guided and zoned office. The surrounding area is a mix of industrial and office. A plan for this site was approved in 1977 for a one story 40,000 square foot building and a two-story 32,000 square foot office building. Neither of these office buildings were built. NATURAL RESOURCES ISSUES: Tree Loss/Laodscapiog The site has a hill in the northern portion that is covered by red and white oaks. In addition, there are scattered big tooth aspen, cottonwood, black cherry, and basswood intermixed with this oak forested area. There are 300 trees defined as significant by City Code, totaling 4,310 diameter inches. The tree loss would be approximately 170 trees and a total of 2,475 inches. This results in a 57% loss of significant trees from the site. The required mitigation for tree loss is 1,876 caliper inches. The staff has been working with the developer to evaluate the best placement of the building and parking areas in order to save the wooded hill area to the north, as well as many of the significant trees on the site. The staff has reviewed three plans and the third layout is the best plan for the property for the reasons stated in the Planning Staff Report. Because of the layout and size of the lot, including the pond area, it is difficult to plant all of the landscape screening material and the tree loss mitigation on this property. The landscape plan shows 1,227 inches of trees being planted. Many of the trees will be planted to supplement the woodland area that is remaining on the site with the additional plant material being placed around the perimeter. 17 The proposed landscape plan has native material along with some ornamental trees being planted around the building and parking deck areas. The remaining landscape trees do not have a specified area where they are to be planted. NURPPond A NURP pond will be used to collect storm water from the parking deck and building areas and provide sedimentation prior to discharge into the existing pond on the property. Prior to construction, this pond it would need to be approved by the City Engineering Department and Watershed District. RECOMMENDATION: This project was reviewed at the August 10, 1998 Planning Commission meeting and was approved on a 7-0 vote. Staff would recommend approval of the project based on the recommendations in the Planning Staff Report dated August 7, 1998 and the information included in this supplemental staff report. SAF:mdd crosstowniStuart98 I? UNAPPROVED MINUTES PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MONDAY, AUGUST 17, 1998 COMMISSION MEMBERS: COMMISSION STAFF: I. ROLLCALL 7:00 P.M. CITY CENTER 8080 MITCHELL ROAD COUNCIL CHAMBERS Richard Brown, Chair, Frantz Corneille, Claire Hilgeman, Don Jacobson, Vicki Koenig, Glenn Stolar, John Wilson Robert A. Lambert, Director of Parks, Recreation and Natural Resources, Stuart A. Fox, Manager of Parks and Natural Resources, Laurie Helling, Manager of Recreation Services, and Barbara Anderson, City Recorder Chair Brown called the meeting to order at 7:00 p.m. John Wilson arrived at 7:06 p.rn. II. APPROVAL OF AGENDA MOTION: Stolar moved, seconded by Koenig, to approve the Agenda as published. Motion carried 6-0. III. APPROVAL OF MINUTES -JULY 20. 1998 Koenig noted a change on page 3, third paragraph about her concern that existing residents h.ave access to similar facilities as JJ'.W residents. MOTION: Clinton moved, seconded by Koenig, to approve the July 20, 1998 Minutes of the Parks, Recreation and Natural Resources COImnission as amended. Motion carried 6-0- 1. Wilson abstained. IV. PETITIONS. REQUESTS AND COMMUNICATIONS V. DEVELOPMENT PRQPOSALS A. Crosstown Circle Centre Scott Wiestling, Steve Mastey, and Tim Sheriden were present representing Continental Property Group. Wiestling reviewed the plans for the site and the PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES August 17, 1998 Page 2 exterior building materials, which will be compatible with the surrounding developments. He descnbed the parking structure which is proposed and the way it is terraced up the hill. Steve Mastey, the landscape architect, reviewed the drainage pattern on the site, and discussed the NURP pond which will collect runoff from the parking deck and building areas. He discussed the existing site conditions and the topography. He descnbed the existing vegetation on the site, and noted they have created a slope line or drainage line along the northern portion of the site which is also the high point of the development. They have tried to preserve existing vegetation and trees as much as possible. They have preserved about 40% of the existing significant trees, and chose the larger trees to minimize the impact of the trees which will be lost during construction. They will be constructing three retaining walls. Each will be six feet in height and propose to use a boulder-type material so it will look more natural and blend into the site. He descnbed the buffering and screening from the adjacent roadways. They will not be impacting the existing wetland in the area. He discussed the site plan and described the plantings which they propose to use. Tim Sheridan, representing Continental Property Group, stated they have agreed to acquire the Eden Inn site and they will use this area to replace trees required by the City for mitigation purposes, as well as any other site stipulated by the City. Mastey discussed the tree replacement plans and described where they will be located on the site. Fox reviewed the staff report and noted that the tree loss under the proposed plan is about 57% which is better than the approved plan, which has a tree loss of 65%. Staff believes that this is the best plan of those plans which have been submitted and the proponents have done a cormnendable job of replacing plant materials on the site. The details of any off-site plantings will have to be worked out prior to City Council approval Staff recommended approval subject to the Staff Memo dated August 12, 1998. Brown asked why they are putting in 15 more parking spaces than the City requires and Wiest ling responded that more parking seems to be the way things are going these days, and they believe it will be used. Koenig asked about the types of trees that will be included in the landscaping materials that are native to this area, and Mastey listed the species they are including in the landscape plan. These are plants that would be in a forest without the intruding species which are there now. They have tried to get a good mix of plant materials instead of just using oak trees. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MINUTES August 17, 1998 Page 3 Hilgeman asked about the discrepancy in the figures regarding tree replacement and Mastey responded that is the amount which will be planted off-site. He explained that by turning the building sideways onto the more level portion of the site they managed to save many more trees than with the previous plan. Tree loss on the site was discussed and the sizes of those trees that will be lost were discussed. The retaining wall system was discussed and Mastey explained that they have not made a final decision on the materials but they believe a boulder-type wall would look very nice in this area. Koenig inquired if the proponents replace trees on City-owned property, where would they be located, and Fox responded that if they offer to plant trees on City-owned property, the City would have trees planted on City parkland. He explained that it is not required and if the proponents wish to plant them on other sites they own, this is acceptable. MOTION: Wilson moved, seconded by Comeille, to recommend approval of Crosstown Circle Centre subject to the stipulations listed in the Staff Report dated August 7, 1998 and the supplemental staff report dated August 12, 1998. Motion carried 7-0. VI. OLD BUSINESS VII. NEW BUSINESS VIII. REPORTS OF COMMISSIONERS AND STAFF A. Reports of Community Center Mana&er 1. Request to Cancel Specific Open Skatin& Sessions Joel Klute, Ice Arena and Concession Coordinator, explained that the Eden Prairie Hockey Association will be hosting their annual Thanksgiving and Girls Hockey tournaments during this coming winter, and he requested that open skating be suspended during these times so that the tournaments may be held. MOTION: Stolar moved, seconded by Wilson, to recommend the cancellation of open skating for the dates listed in the Staff Memo dated August 11, 1998 to conduct the Eden Prairie Hockey Association tournaments at the Community Center. Motion carried 7-0. 011 August 3 1, 1998 City of Eden Prairie Community Development Dept. 8080 Mitchell Road Eden Prairie, MN 55344-2230 Ladies & Gentlemen: SUBJECT: CROSSTOWN CIRCLE CENTER PROJECT I would like to point out to the City Council that the Centennial Property Group's proposed plan for the planned unit development called Crosstown Circle greatly exceeds original developmental plans for that 10.92 acres. Building a multi-story office building on that plot of ground, including parking spaces for 683 cars, was never intended in the original developmental plans for this area. I have several areas of concern and, in addition, would like to suggest some alternatives: Areas of Concern 1. The project doesn't fit the character of the surrounding buildings. a. Current buildings are one-and two-story buildings. The proposed building would have six stories. b. Current parking requirements are single level parking lots. Proposed is a two-and- a-halflevel parking ramp. c. Currently, there are 100 to 200 people employed per building. The proposed building would contain potentially 600 to 700 employees. d. The current roadway system is congested at peak times and is impassable during winter storms (two lane collector). There are some proposed future improvements, but none are scheduled at this time. 2. We, at Minnesota Supply Company, have two exits from our facility. They exit onto Crosstown Circle. We have one entrance--"in only" --from Flying Cloud Drive. This entrance is a source of cut-through traffic, which will only get worse with an increase of volume. Again, thinking of volume and the short stacking area from our front lot will make it impossible for our employees to exit our lot. 6470 Flying Cloud Drive Eden Prairie. MN 55344 Phone 612/828-7300 • Fax 612/828-7301 1-800-869-1028 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 09/01/98 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance Payment of Claims VI. Checks 66144 TO 66866 Action/Direction: Approve Payment of Claims / COUNCIL CHECK SUMMARY 26-AUG-1998 (14:48) DIVISION TOTAL ------------------------------------------------------------------------------------------------------------------------ N/A LEGISLATIVE GENERAL SERVICES EMPLOYEE BENEFITS INFORMATION TECHNOLOGY FINANCE HUMAN RESOURCES INFORMATION ELECTIONS HUMAN SERV ENGINEERING INSPECTIONS FACILITIES ASSESSING CIVIL DEFENSE POLICE FIRE PARK ADMIN STREETS/TRAFFIC PARK MAINTENANCE PARKS CAPITAL OUTLAY STREET LIGHTING FLEET SERVICES ORGANIZED ATHLETICS COMMUNITY DEV COMMUNITY CENTER BEACHES YOUTH RECREATION SPECIAL EVENTS ADULT RECREATION RECREATION ADMIN ADAPTIVE REC OAK POINT POOL ARTS PARK FACILITIES PUBLIC IMPROV PROJ DEBT SERVICE PAYMENTS EMPLOYEE PAYROLL DEDUCTIONS SW METRO TRANSIT SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW CUB FOODS WATER DEPT SEWER DEPT STORM DRAINAGE AGENCY FUNDS EQUIPMENT $1. 50 $1,837.72 $83,195.39 $2,923.68 $17,585.27 $6,095.78 $769.32 $320.16 $5,322.86 $2,825.00 $593.63 $2,938.23 $4,766.13 $1,239.95 $352.37 $7,677.03 $3,963.93 $1,549.81 $52,391.47 $21,915.32 $3,393.19 $48,450.43 $20,183.46 $7,117.74 $75.00 $8,095.74 -$62.39 $9,607.72 $38.70 $5,424.29 $64.06 $226.33 $309.61 $170.00 $1,357.96 $158,979.49 $640.00 $103,118.70 $11.27 $31,250.92 $53,046.00 $40,597.26 $91,958.19 $105,017.12 $4,269.65 $7,015.01 $1,655.36 $51,677.00 $971,952.36* COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 66144 66145 66146 66149 66150 66151 66152 66153 66154 66155 66156 66157 66158 66159 66160 66162 66163 66164 66165 66166 66167 66168 66169 66170 66171 66172 66173 66175 66176 66177 66178 66179 66180 66181 66182 66183 66184 66185 66186 66187 66188 66189 66190 66191 66192 66193 66194 66196 66197 66198 66199 66200 66201 66202 66203 $45.00 $80.00 $6,103.90 $9,445.00 $420.01 $80.00 $15.00 $75.00 $40.00 $2,935.84 $32.00 $40.00 $118.22 $181. 02 $3,673.45 $208.25 $47.52 $1,995.95 $198.06 $951.52 $2,992.84 $156.00 $374.43 $620.62 $2,592.50 $61.45 $2,135.85 $15.00 $2,388.99 $4,524.10 $2,533.97 $1,017.58 $15.00 $1,561.31 $176.00 $536.57 $145.73 $3,558.30 $214.12 $580.51 $342.45 $694.95 $654.02 $84.06 $19.33 $48.50 $57,126.25 $75.00 $100.00 $1,300.00 $140.00 $4.37 $61.80 $42.91 $22.37 VENDOR BHOW, ABHA BONE, EVELYN CORPORATE EXPRESS DUAL TEMP GENUINE PARTS COMPANY MAUSER, JULIE MINNESOTA COUNTY ATTORNEYS ASS MINNESOTA POLICE AND PEACE OFF MUNDENAR, EILEEN POSTMASTER PRECISION SHOOTING SCHRANK, DAWN SNAP-ON TOOLS STOVRING, LESLIE US WEST COMMUNICATIONS USA BLUEBOOK WERTS, SANDY DAY DISTRIBUTING GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MARK VII PEPSI COLA COMPANY PHILLIPS WINE AND SPIRTS INC QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING AMERIPRIDE LINEN & APPAREL SER BELLBOY CORPORATION COMPUTER CHEQUE OF MINNESOTA I DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO M SHANKEN COMMUNICATIONS INC MARK VII MIDWEST COCA COLA BOTTLING COM PHILLIPS WINE AND SPIRTS INC QUALITY WINE & SPIRTS CO THORPE DISTRIBUTING CARLTON CO HUMAN SERVICES CTR CARVER COUNTY COURTHOUSE CROSS, BARBARA EDEN PRAIRIE SCHOOL DISTRICT N HENNEPIN COUNTY SUPPORT AND HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER NEU PLUMBING NORTHERN STATES POWER CO PETERSON, RICHARD PETTY CASH SQUARE CUT WESTACOTT, JOEL DEPARDE, HILLARY DOMINOS ELFSTROM, BRIANA O'CONNELL, THERESE 26-AUG-1998 (14:47) DESCRIPTION ADULT/YOUTH/OUTDOOR CTR PROG ADULT/YOUTH/OUTDOOR CTR PROG OFFICE SUPPLIES BLDG REPAIR & MAINT EQUIPMENT PARTS ADULT/YOUTH/OUTDOOR CTR PROG SCHOOLS SCHOOLS ADULT/YOUTH/OUTDOOR CTR PROG POSTAGE TRAINING SUPPLIES ADULT/YOUTH/OUTDOOR CTR PROG EQUIPMENT PARTS REPAIR & MAINT SUPPLIES TELEPHONE EQUIPMENT PARTS MILEAGE AND PARKING BEER 6/12 TRANSPORTATION TRANSPORTATION BEER 6/12 MISC TAXABLE WINE DOMESTIC MERCHANDISE FOR RESALE BEER 6/12 REPAIR & MAINT SUPPLIES TOBACCO PRODUCTS OTHER CONTRACTED SERVICES BEER 6/12 BEER 6/12 TRANSPORTATION TRANSPORTATION MISC TAXABLE BEER 6/12 MISC TAXABLE TRANSPORTATION TRANSPORTATION BEER 6/12 GARNISHMENT WITHHELD GARNISHMENT WITHHELD MILEAGE AND PARKING TRANSPORTATION GARNISHMENT WITHHELD WASTE DISPOSAL CONTRACTED REPAIR & MAINT BLDG SURCHARGES ELECTRIC STARING LAKE BUILDING RENTAL OPERATING SUPPLIES-GENERAL FURNITURE & FIXTURES AMPHITHEATRE RENTAL OPERATING SUPPLIES-GENERAL SPECIAL EVENTS FEES OPERATING SUPPLIES-GENERAL LESSONS/CLASSES ARTS CAMP DAY CAMP GENERAL PROGRAM WATER TREATMENT PLANT WATER SYSTEM MAINTENANCE SUMMER SKILL DEVELOP POLICE POLICE SPECIAL EVENTS/TRIPS GENERAL POLICE SUMMER SKILL DEVELOP WATER TREATMENT PLANT ENVIRONMENTAL EDUCATION POLICE WATER TREATMENT PLANT REC SUPERVISOR PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 FD 10 ORG FD 10 ORG GENERAL BUILDING FACILITIES SPECIAL EVENTS/TRIPS FD 10 ORG PARK MAINTENANCE TRAFFIC SIGNALS PLUMBING SURCHARGE STORMWATER LIFTSTATION PARK FACILITIES ARTS POLICE PARK FACILITIES SPORTS/SPECIAL CAMPS YOUTH TENNIS ACTIVITY CAMP POOL LESSONS COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 66204 66205 66206 66207 66208 66209 66210 66211 66212 66213 66214 66215 66216 66217 66218 66219 66222 66223 66224 66225 66226 66227 66228 66229 66230 66231 66233 66235 66237 66239 66240 66242 66243 66245 66246 66247 66248 66249 66250 66251 66252 66253 66254 66255 66256 66257 66258 66259 66260 66261 66262 66263 66264 66265 66266 $17.92 $17.57 $74.01 $2,336.01 $100.00 $18.85 $7,313.85 $90.30 $200.00 $5,673.16 $4,222.50 $1,205.00 $40.00 $780.98 $77.87 $655.21 $52,330.93 $110.00 $19.50 $575.86 $179.70 $563.50 $4,014.88 $6,741.20 $348.00 $14,709.34 $7,046.40 $1,319.35 $7,111. 68 $1,582.88 $5,688.24 $80.00 $1,442.49 $150.00 $305.00 $20.00 $72.87 $80.00 $31.94 $1,471.26 $28,968.00 $50.00 $3,111.95 $30.00 $451.24 $620.00 $4,740.13 $4,265.73 $5,295.30 $275.65 $2,903.00 $48.75 $200.00 $24.30 $200.00 VENDOR OLSON, COURTNEY REAL GEM SCHULER, JENN CARD SERVICES-BUSINESS CARD FEDERAL RESERVE BANK OF MPLS GAIDA, LINDSEY GREAT WEST LIFE AND ANNUITY HARRIS, JEAN HENNEPIN COUNTY TREASURER ICMA RETIREMENT TRUST-457 MINNESOTA MUTUAL LIFE MINNESOTA STATE RETIREMENT SYS MINNESOTA TEAMSTERS CREDIT UNI MOUNT PROPERTIES OLSON, COURTNEY PROEX PHOTO SYSTEMS PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT AS ROQUETTE, KEVIN SPRINT PCS UNITED WAY DAHLHEIMER DISTRIBUTING COMPAN EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO AARP 55 ALIVE MATURE DRIVING AIRTOUCH CELLULAR DAIRY QUEEN EDINA, CITY OF FICK, DOUGLAS & JENNIFER MINNCOMM PAGING MINNESOTA DEPT OF AGRICULTURE OFFICE DEPOT POSTMASTER SCHARBER & SONS SENSIBLE LAND USE COALITION DAY DISTRIBUTING GETTMAN COMPANY JOHNSON BROTHERS LIQUOR CO LAKE REGION VENDING MARK VII PHILLIPS WINE AND SPIRTS INC THORPE DISTRIBUTING AT&T AWWA BARGMANN, MIKE BEST BUY CAMERON, ERIC CASHIMERE, CYNTHIA 26-AUG-1998 (14:47) DESCRIPTION OPERATING SUPPLIES-GENERAL SPECIAL EVENTS FEES OPERATING SUPPLIES-GENERAL TRAVEL BOND DEDUCTION MILEAGE AND PARKING DEFERRED COMP TRAVEL RECORDING DOCUMENT FEE DEFERRED COMP DEFERRED COMP DEFERRED COMP CREDIT UNION DEPOSITS MILEAGE AND PARKING PHOTO SUPPLIES EMPLOYERS PERA EMPLOYERS PERA LICENSES & TAXES DEPOSITS UNITED WAY WITHHELD BEER 6/12 TRANSPORTATION BEER 6/12 TRANSPORTATION TRANSPORTATION TRANSPORTATION DISCOUNTS TRANSPORTATION TRANSPORTATION DISCOUNTS SPECIAL EVENTS FEES TELEPHONE OPERATING SUPPLIES-GENERAL CONST TESTING-SOIL BORING BLDG SURCHARGES COMMUNICATIONS CONST TESTING-SOIL BORING OFFICE SUPPLIES POSTAGE MACHINERY EQUIPMENT TRAVEL BEER CASES MISC TAXABLE TRANSPORTATION TOBACCO PRODUCTS BEER 6/12 MERCHANDISE FOR RESALE BEER 6/12 TELEPHONE DUES & SUBSCRIPTIONS OTHER CONTRACTED SERVICES STARING LAKE BUILDING RENTAL OTHER CONTRACTED SERVICES STARING LAKE BUILDING RENTAL PROGRAM ACTIVITY CAMP YOUTH TENNIS DRAMA CAMP IN SERVICE TRAINING FD 10 ORG TEEN WORK PROGRAM FD 10 ORG COUNCIL ENGINEERING DEPT FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG ESCROW PROGRAM SUPERVISOR POLICE FD 10 ORG FD 10 ORG PARK MAINTENANCE ESCROW FD 10 ORG PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS SENIOR CENTER PROGRAM SEWER UTILITY-GENERAL AFTERNOON PLAYGROUND WATER SYSTEM SAMPLE MECH SURCHARGE WATER UTILITY-GENERAL WATER TREATMENT PLANT POLICE WATER ACCOUNTING P/R REVOLVING FD COUNCIL PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 GENERAL WATER UTILITY-GENERAL TEEN WORK PROGRAM PARK FACILITIES TEEN WORK PROGRAM PARK FACILITIES COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 66267 66268 66269 66270 66271 66272 66273 66274 66275 66276 66277 66278 66279 66280 66281 66282 66283 66284 66285 66286 66287 66288 66289 66290 66291 66292 66293 66294 66295 66296 66297 66298 66299 66300 66301 66302 66303 66304 66305 66306 66307 66308 66309 66310 66311 66312 66313 66314 66315 66316 66317 66318 66319 66320 66321 $45.00 $425.00 $70.00 $84.38 $30.00 $90.79 $85.00 $93.15 $57.52 $66.25 $20.00 $13.00 $59.38 $49.40 $177.36 $56.70 $83.03 $60.00 $46.15 $5.00 $17.50 $460.00 $28.35 $60.00 $2,661.38 $132.19 $200.00 $85.00 $85.00 $127.50 $3,637.76 $312.00 $56.25 $2,750.12 $7,595.10 $3,761.03 $1,003.03 $1,444.23 $236.25 $311.40 $72.95 $509.27 $750.95 $161.88 $3,159.30 $982.34 $9.82 $96.00 $520.00 $284.07 $563.04 $37.25 $127.72 $29,151.33 $75.00 VENDOR CRAMPTON, KEVIN DE PARDE , HILLARY DINGER, DONALD DONABAUER, LUKE DOOR, ROBBY ELFSTROM, JOJO GAYTHER, JAMES GRAY, AARON HARRIS, JEAN HIPP, JOHN HOLLINGER, KATIE JOHN PEDERSON CONSTRUCTION KAMPHOFF, KATIE KRESS, CARLA LAUKKA-JARVIS INC LEWIS, JASMINE LUSIAN, WALLY MADSON, CHRISTINE MEYER, NICOLE MINNESOTA DEPT OF PUBLIC SAFET MOLINE, ASHLEY NFPA O'BRIEN, PAT PHAN, MARIA POSTMASTER STRICHARCHUK, NICK SULLIVAN, JO ANN SWANK, ANNA-LISA TAYLOR, ROBERT TIBEBU, SARA US WEST COMMUNICATIONS VOLUNTEER FIREFIGHTERS BENEFIT WATERSTREET, KYLE DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO MARK VII MIDWEST COCA COLA BOTTLING COM NORTH STAR ICE PEPSI COLA COMPANY PHILLIPS WINE AND SPIRTS INC PINNACLE DISTRIBUTING SUPERIOR PRODUCTS MFG CO THORPE DISTRIBUTING WORLD CLASS WINES INC AT&T (KC) BCA CJIS ID UNIT BENKOVIC, ROGER CARTER, KATIE CUB FOODS EDEN PRAIRIE ELDER-JONES GOLF AMERICA HEALTHPARTNERS HENNEPIN COUNTY TREASURER 26-AUG-1998 (14:47) DESCRIPTION OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES MILEAGE AND PARKING OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES CASH OVER/SHORT OTHER CONTRACTED SERVICES MILEAGE AND PARKING DEPOSITS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES MILEAGE AND PARKING TRANSPORTATION OTHER CONTRACTED SERVICES DUES & SUBSCRIPTIONS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES POSTAGE OTHER CONTRACTED SERVICES ROUND LAKE PAVILION OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES TELEPHONE DUES & SUBSCRIPTIONS OTHER CONTRACTED SERVICES BEER 6/12 BEER 6/12 TRANSPORTATION TRANSPORTATION BEER 6/12 MISC TAXABLE MISC TAXABLE MISC TAXABLE WINE DOMESTIC TOBACCO PRODUCTS OPERATING SUPPLIES-GENERAL BEER 6/12 DISCOUNTS TELEPHONE PROFESSIONAL SERVICES RED ROCK INTERCEPTOR FD 45 OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL CASH OVER/SHORT REC EQUIP & SUPPLIES COBRA COSTS/REV OPERATING SUPPLIES-GENERAL PROGRAM TEEN WORK PROGRAM SUMMER SKILL DEVELOP STARING LAKE CONCERT TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM COUNCIL TEEN WORK PROGRAM TEEN WORK PROGRAM FD 10 ORG TEEN WORK PROGRAM ADAPTIVE RECREATION ESCROW TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM PROGRAM SUPERVISOR ACCESSIBILITY TEEN WORK PROGRAM FIRE TEEN WORK PROGRAM TEEN WORK PROGRAM COMMUNITY BROCHURE TEEN WORK PROGRAM PARK FACILITIES TEEN WORK PROGRAM TEEN WORK PROGRAM TEEN WORK PROGRAM SEWER LIFTSTATION FIRE TEEN WORK PROGRAM LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS WATER TREATMENT PLANT FIRE UTILITY DEBT FUND ARB DAY CAMP POLICE FD 10 ORG VOLLEYBALL BENEFITS COMMUNITY DEVELOPMENT COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 66322 66323 66324 66325 66326 66327 66328 66329 66330 66331 66332 66333 66334 66335 66336 66337 66338 66339 66340 66341 66342 66343 66344 66345 66346 66347 66349 66350 66351 66352 66355 66356 66357 66359 66361 66362 66672 66673 66674 66675 66676 66677 66678 66679 66680 66681 66682 66683 66684 66687 66688 66689 66690 66691 66692 $100.00 $22,709.00 $37.50 $100.66 $390.00 $6,621. 83 $6.81 $2,730.62 $612.23 $20.50 $200.00 $214.12 $580.51 $501. 00 $121.16 $3,731.00 $654.02 $1,650.00 $99.00 $30.50 $8,000.00 $5,000.00 $161.00 $50.00 $1,569.90 $2,656.42 $10,111.60 $99.00 $9,412.17 $26,131.47 $108.45 $511.60 $7,580.77 $2,270.45 $3,429.19 $129.65 $75.00 $128.19 $1,824.00 $41,235.36 $840.00 $7,522.68 $64.16 $190.00 $4,522.00 $686.92 $87.06 $517.97 $6,719.91 $378.35 $25,664.10 $31,983.47 $1,880.00 $74.00 $576.60 VENDOR IPMA LANO EQUIPMENT INC LEONE, ROGER MERLINS ACE HARDWARE MINNESOTA GFOA NSP PLlHAL, ANGIE POSTMASTER RAINBOW FOODS -CHARGES SULLIVANS UTILITY SERVICES INC SUPER VALU/MIKE POMERLEAN CARLTON CO HUMAN SERVICES CTR CARVER COUNTY COURTHOUSE DAHLGREEN GOLF CLUB EP LIQUOR STORE #2 FRANE, JOHN HENNEPIN COUNTY SUPPORT AND LAUKKA-JARVIS INC MINNESOTA DEPT OF PUBLIC SAFET PLYMOUTH PLUMBING POSTMASTER TRANSPORTATION, COMMISSIONER 0 DAHLGREEN GOLF CLUB TEKIELA, STAN DAHLHEIMER DISTRIBUTING COMPAN EAGLE WINE COMPANY EAST SIDE BEVERAGE COMPANY GRAPE BEGINNINGS GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO NORTH STAR ICE PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO WORLD CLASS WINES INC 3CMA AAA LAMBERTS LANDSCAPE PRODUCT ACCOUNTEMPS ACT ELECTRONICS INC AMERICAN WATER WORKS ASSOCIATI AQUA ENGINEERING INC ARMOR SECURITY INC ASPEN CARPET CLEANING AWWA B & STOOLS BACHMANS CREDIT DEPT BAUER BUILT TIRE AND BATTERY BIFFS INC BILL CLARK OIL CO INC BLACK & VEATCH BOARMAN KROOS PFISTER VOGEL & BRAUN INTERTEC CORPORATION BREWER, STEVE BROCK WHITE CO LLC 26-AUG-1998 (14:47) DESCRIPTION DUES & SUBSCRIPTIONS MACHINERY EQUIPMENT ROUND LAKE PAVILION REPAIR & MAINT SUPPLIES CONFERENCE ELECTRIC OPERATING SUPPLIES-GENERAL POSTAGE REC EQUIP & SUPPLIES CASH OVER/SHORT STARING LAKE BUILDING RENTAL GARNISHMENT WITHHELD GARNISHMENT WITHHELD SPECIAL EVENTS FEES DEPOSITS OTHER CONTRACTED SERVICES GARNISHMENT WITHHELD SPECIAL EVENTS FEES BIKE REGISTRATIONS BLDG SURCHARGES POSTAGE BLDG RENTAL SPECIAL EVENTS FEES INSTRUCTOR SERVICE BEER 6/12 TRANSPORTATION BEER 6/12 TRANSPORTATION TRANSPORTATION TRANSPORTATION MISC TAXABLE DISCOUNTS TRANSPORTATION TRANSPORTATION DISCOUNTS WINE DOMESTIC ADVERTISING LANDSCAPE MTLS & AG SUPPL OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT DUES & SUBSCRIPTIONS CONTRACTED BLDG REPAIRS REPAIR & MAINT SUPPLIES CONTRACTED BLDG REPAIRS DUES & SUBSCRIPTIONS SMALL TOOLS REPAIR & MAINT SUPPLIES EQUIPMENT PARTS WASTE DISPOSAL LUBRICANTS & ADDITIVES IMPROVEMENT CONTRACTS BUILDING IMPROVEMENTS TO LAND OTHER CONTRACTED SERVICES BLDG REPAIR & MAINT PROGRAM IN SERVICE TRAINING P/W REVOLVING FUND PARK FACILITIES EPCC MAINTENANCE IN SERVICE TRAINING WATER TREATMENT PLANT DAY CAMP ELECTION SOFTBALL FD 10 ORG PARK FACILITIES FD 10 ORG FD 10 ORG SENIOR CENTER PROGRAM ESCROW FINANCE DEPT FD 10 ORG CASH PARK FEES FD 10 ORG PLUMBING SURCHARGE GENERAL FIRE STATION SENIOR CENTER PROGRAM OUTDOOR CTR PROGRAM PRAIRIE VILLAGE LIQUOR #1 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS LIQUOR STORE CUB FOODS COMMUNITY SERVICES STREET MAINTENANCE FINANCE DEPT TRAFFIC SIGNS WATER UTILITY-GENERAL WATER TREATMENT PLANT EPCC MAINTENANCE WATER TREATMENT PLANT WATER UTILITY-GENERAL WATER TREATMENT PLANT HUMAN RESOURCES EQUIPMENT MAINTENANCE PARK MAINTENANCE WATER TREATMENT PLANT 10 MGD WATER PLANT EXPANSION FIRE STATION CONSTRUCTION FIRE STATION CONSTRUCTION SOFTBALL WATER TREATMENT PLANT COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 66693 66694 66695 66696 66697 66698 66699 66700 66701 66702 66703 66704 66705 66706 66707 66709 66710 66711 66712 66713 66714 66715 66716 66717 66718 66719 66720 66721 66722 66723 66724 66725 66726 66727 66728 66729 66730 66731 66732 66733 66734 66735 66737 66738 66739 66740 66741 66742 66743 66744 66745 66746 66747 66748 66749 $196.78 $1,537.08 $414.76 $160.00 $204.41 $1,813.00 $79.00 $106.00 $1,328.85 $357.69 $495.90 $49.20 $24.24 $5,598.76 $24,384.51 $1,280.00 $57.51 $26.00 $40.00 $618.69 $6,600.00 $325.00 $28,843.00 $3,542.43 $10,348.08 $426.99 $1,769.98 $90.53 $1,158.29 $2,825.00 $5,115.00 $15.18 $94.96 $720.00 $378.08 $861.99 $1,532.70 $207.35 $550.28 $90.00 $704.47 $6,658.34 $543.74 $84.00 $422.11 $31.95 $222.00 $340.79 $1,394.03 $46.87 $7,852.03 $36.73 $127.56 $2,592.24 $656.16 VENDOR CARLSON TRACTOR AND EQUIPMENT CEMSTONE CENTRAIRE INC CHAD NESTOR ILLUSTRATION & DES CHANHASSEN BUMPER TO BUMPER CHURCHILL, LEE COMMUNICATION BRIEFINGS COMPREHENSIVE LOSS MANAGEMENT CONNEY SAFETY PRODUCTS CONSOLIDATED PLASTICS COMPANY CONSTRUCTION BULLETIN COOPERATIVE POWER ASSOC CROWN MARKING INC CUSTOM CONVEYOR CORPORATION CUTLER-MAGNER COMPANY DALCO ROOFING & SHEET METAL IN DALE GREEN COMPANY, THE DANYS TAILOR DC VENDING DELEGARD TOOL CO DENT B GONE DIETHELM, GARY DIVERSIFIED CONSTRUCTION DPC INDUSTRIES INC DU ALL SERVICE CONTRACTORS INC DYNA SYSTEMS EARL F ANDERSEN INC ECOLAB INC EDEN PRAIRIE APPLIANCE EDEN PRAIRIE SCHOOL DISTRICT N EDUCATIONAL SPORTS PROGRAM INC ELVIN SAFETY SUPPLY INC ENHANCE GRAPHICS INC. ERICKSEN ELLISON AND ASSOCIATE ESS BROTHERS & SONS INC* FILTRATION SYSTEMS FLANAGAN SALES INC FRONTLINE PLUS FIRE & RESCUE G & K SERVICES-MPLS INDUSTRIAL GALAXY COMPUTER SERVICES GE CAPITAL GENERAL OFFICE PRODUCTS COMPAN GLIDDEN COMPANY GOPHER STATE ONE-CALL INC GREATER MINNEAPOLIS AREA CHAPT GREENMAN TECHNOLOGIES OF MN IN HAMILTON, MICHAEL HANCE COMPANIES HANSEN THORP PELLINEN OLSON HARMON AUTOGLASS HAWKINS WATER TREATMENT GROUP HELLING, LAURIE HENNEPIN COUNTY liT DEPT HENNEPIN COUNTY TREASURER HERC U LIFT 26-AUG-1998 (14:47) DESCRIPTION EQUIPMENT PARTS ASPHALT OVERLAY CONTRACTED BLDG REPAIRS PRINTING EQUIPMENT PARTS OTHER CONTRACTED SERVICES DUES & SUBSCRIPTIONS TRAINING SUPPLIES PROTECTIVE CLOTHING OPERATING SUPPLIES-GENERAL LEGAL NOTICES PUBLISHING PRINTING OFFICE SUPPLIES OTHER EQUIPMENT CHEMICALS CONTRACTED BLDG REPAIRS REPAIR & MAINT SUPPLIES CLOTHING & UNIFORMS RENTALS CONTRACTED REPAIR & MAINT CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL BUILDING CHEMICALS SA ON LAND BLDG REPAIR & MAINT LANDSCAPE MTLS & AG SUPPL CONTRACTED REPAIR & MAINT FURNITURE & FIXTURES PROFESSIONAL SERVICES INSTRUCTOR SERVICE SAFETY SUPPLIES PRINTING PROFESSIONAL SERVICES REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES LANDSCAPE MTLS & AG SUPPL MISC FIRE EQUIPMENT CLEANING SUPPLIES CONTRACTED REPAIR & MAINT RENTALS OFFICE SUPPLIES REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES SAFETY SUPPLIES WASTE DISPOSAL OTHER CONTRACTED SERVICES EQUIPMENT PARTS DESIGN & CONST CONTRACTED EQUIP REPAIR CHEMICALS MILEAGE AND PARKING RENTALS POSTAGE EQUIPMENT PARTS PROGRAM EQUIPMENT MAINTENANCE STREET MAINTENANCE POLICE STATION ADAPTIVE RECREATION EQUIPMENT MAINTENANCE SOFTBALL IN SERVICE TRAINING WATER UTILITY-GENERAL WATER TREATMENT PLANT WATER TREATMENT PLANT Wells 13 through 16 COMMUNITY SERVICES GENERAL WATER TREATMENT PLANT WATER TREATMENT PLANT FIRE STATION #5 STORM DRAINAGE POLICE WATER UTILITY-GENERAL EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE CEMETERY OPERATION FEDERAL FORFEITURE-DRUGS WATER TREATMENT PLANT 9539 HARTFORD CIRCLE CLEAN UP WATER TREATMENT PLANT LAKE EDEN PARK EPCC MAINTENANCE SEWER UTILITY-GENERAL HOUSING, TRANS, & SOC SVC YOUTH ATHLETICS ENVIRONMENTAL EDUCATION ASSESSING-ADMIN COMMUNITY CENTER HVAC STORM DRAINAGE WATER TREATMENT PLANT HIDDEN PONDS PARK FIRE WATER TREATMENT PLANT FINANCE DEPT GENERAL WATER UTILITY-GENERAL WATER TREATMENT PLANT SEWER SYSTEM MAINTENANCE ROUND LAKE-BEACH EQUIPMENT MAINTENANCE SOFTBALL EQUIPMENT MAINTENANCE LINCOLN LANE PAVING PARK MAINTENANCE WATER TREATMENT PLANT RECREATION ADMIN POLICE ELECTION EQUIPMENT MAINTENANCE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 66750 66751 66752 66753 66754 66755 66756 66757 66758 66759 66760 66761 66762 66763 66764 66765 66766 66767 66768 66769 66770 66771 66772 66773 66774 66775 66776 66777 66778 66779 66780 66781 66782 66783 66784 66785 66786 66787 66788 66789 66790 66791 66793 66794 66795 66796 66797 66798 66799 66800 66801 66802 66803 66804 66805 $185.00 $53.06 $545.81 $536.50 $185.00 $2,080.00 $160.43 $112.83 $247.50 $403.27 $733.49 $121.46 $290.25 $240.50 $3.73 $8,215.72 $6.82 $34,836.75 $896.20 $200.66 $100.00 $194.11 $162.95 $420.08 $475.80 $1,224.00 $12,134.90 $48,018.25 $42.78 $6,060.00 $120.00 $638.20 $16,737.12 $51.00 $1,429.70 $38.00 $317.37 $246.50 $1,884.65 $4,126.29 $386.79 $5,422.43 $910.42 $72.47 $758.64 $346.09 $3,101.38 $240.50 $3,924.27 $150.00 $2,423.31 $1,937.24 $16.87 $13 .37 $3,846.05 VENDOR HIGLEY, STEVE HIRSHFIELDS DECORATING CENTERS HIRSHFIELDS PAINT MANUFACTURIN HOLMES, JOHN CARTER HOLMES, TOM HONEYWELL INC ICEMAN/C02 SERVICES, THE INDUSTRIAL LIGHTING SUPPLY INC INFRATECH INTERNATIONAL SUNPRINTS INC JANEX INC JEVIC JOHNSON CONTROLS JOHNSON, GREGG KELLY, BRIAN KENNAMETAL INC KINKOS INC KNUTSON CONSTRUCTION COMPANY KOCH SULFER PRODUCTS KRAEMERS HARDWARE INC KROC, REBECCA LAB SAFETY SUPPLY INC LAKE COUNTRY DOOR LAKELAND FORD TRUCK SALES LANO EQUIPMENT INC LAVALLE, FRANK LEAGUE OF MINNESOTA CITIES INS LEAGUE OF MINNESOTA CITIES INS LESCO INC LINCOLN STUDIOS MIDWEST LINDQUIST & VENNUM PLLP LOFFLER BUSINESS SYSTEMS INC LOGIS MARKS CERTICARE AMOCO MASYS CORPORATION MATTS AUTO SERVICE INC MAXI-PRINT INC MCGREGOR, RANDY MCSB INC METRO SALES INCORPORATED* METROPOLITAN FORD MIDWEST ASPHALT CORPORATION MINNESOTA VIKINGS FOOD SERVICE MINNESOTA WANNER COMPANY MTI DISTRIBUTING CO NELSON RADIO COMMUNICATIONS NETS NEUMANN, NEAL NORTH STAR TURF SUPPLY OBERLE, KAREN TOLLISON OPM INFORMATION SYSTEMS OUTDOOR ENVIRONMENTS INC P & H WAREHOUSE SALES INC PARAGON CABLE PARROTT CONTRACTING INC 26-AUG-1998 (14:47) DESCRIPTION OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES CHEMICALS EQUIPMENT PARTS CONTRACTED REPAIR & MAINT SPECIAL EVENTS FEES CLEANING SUPPLIES EQUIPMENT PARTS CONTRACTED EQUIP REPAIR OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL IMPROVEMENT CONTRACTS CHEMICALS OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES TRAINING SUPPLIES CONTRACTED BLDG REPAIRS EQUIPMENT PARTS EQUIPMENT PARTS OTHER CONTRACTED SERVICES INSURANCE INSURANCE EQUIPMENT PARTS IMPROVEMENT CONTRACTS PAYING AGENT CONTRACTED REPAIR & MAINT LOGIS SERVICE PROFESSIONAL SERVICES CONTRACTED COMM MAINT SEAL COATING CONTRACTED PRINTING OTHER CONTRACTED SERVICES COMPUTERS CONTRACTED REPAIR & MAINT EQUIPMENT PARTS REPAIR & MAINT SUPPLIES MISCELLANEOUS CONTRACTED EQUIP REPAIR EQUIPMENT PARTS CONTRACTED REPAIR & MAINT BUILDING OTHER CONTRACTED SERVICES LANDSCAPE MTLS & AG SUPPL OTHER CONTRACTED SERVICES OFFICE EQUIPMENT OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES CABLE TV CONTRACTED REPAIR & MAINT PROGRAM SOFTBALL FIRE STATION #3 PARK MAINTENANCE SOFTBALL SOFTBALL WATER TREATMENT PLANT POOL MAINTENANCE WATER TREATMENT PLANT SEWER SYSTEM MAINTENANCE SPECIAL EVENTS/TRIPS FIRE STATION #2 WATER TREATMENT PLANT WATER TREATMENT PLANT SOFTBALL SPORTS/SPECIAL CAMPS EQUIPMENT MAINTENANCE PARK MAINTENANCE 10 MGD WATER PLANT EXPANSION WATER TREATMENT PLANT PARK MAINTENANCE VOLLEYBALL HUMAN RESOURCES FIRE STATION #5 EQUIPMENT MAINTENANCE STORM DRAINAGE SOFTBALL GENERAL GENERAL WATER SYSTEM MAINTENANCE 10 MGD WATER PLANT EXPANSION CITY CENTER DEBT FD POLICE INFORMATION SYSTEM POLICE POLICE STREET MAINTENANCE POLICE SOFTBALL ASSESSING-ADMIN GENERAL EQUIPMENT MAINTENANCE STORM DRAINAGE GENERAL BUILDING FACILITIES PARK MAINTENANCE EQUIPMENT MAINTENANCE CIVIL DEFENSE DRUG FORFEITURE SOFTBALL PARK MAINTENANCE VOLLEYBALL FINANCE DEPT PARK MAINTENANCE PARK MAINTENANCE COMMUNITY SERVICES STORM DRAINAGE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 66806 66807 66808 66809 66810 66811 66812 66813 66814 66815 66816 66817 66818 66819 66820 66821 66822 66823 66824 66825 66826 66827 66828 66829 66830 66831 66832 66833 66834 66835 66836 66837 66838 66839 66840 66841 66842 66843 66844 66845 66846 66847 66848 66849 66850 66851 66852 66853 66854 66855 66856 66857 66858 66859 66860 $1,150.26 $560.00 $4,014.99 $1.77.02 $1,836.00 $494.44 $126.89 $469.25 $185.00 $2,896.99 $2,312.96 $17.70 $450.00 $22,800.00 $555.00 $40.00 $42.60 $261..50 $312.47 $1,690.00 $388.10 $41. 39 $585.75 $13 .14 $212.75 $2,149.70 $26.59 $1,600.00 $305.48 $575.00 $320.00 $125.00 $110.00 $40.00 $19.00 $610.50 $2.16 $70.46 $15.00 $480.11 $180.14 $34.95 $403.69 $1,279.94 $195.76 $5,460.79 $263.22 $5,135.37 $3,050.00 $91.29 $61. 60 $1,372.25 $475.49 $374.62 $1,283.95 VENDOR PEPSI COLA COMPANY PITNEY BOWES INC PRAIRIE ELECTRIC COMPANY PRAIRIE LAWN AND GARDEN PROSTAFF QUALITY WASTE CONTROL INC RDO EQUIPMENT CO RESPOND SYSTEMS RETAIL DATA SYSTEMS RIEKE CARROLL MULLER ASSOCIATE RMR SERVICES INC ROADRUNNER TRANSPORTATION INC ROBICHONS THE IN-LINE SKATE SC SBS MECHANICAL INC SCHWARTZ, DONALD SCRANTON GILLETTE COMMUNICATIO SERVICE MASTER SIGNCRAFTERS INC SNAP-ON TOOLS SNELL MECHANICAL INC SOUTHWEST CONTRACTORS SUPPLY SPS COMPANIES ST PAUL OFFICE EQUIPMENT REPAI STAR TRIBUNE STECK, RICKY STERLING FENCE SUBURBAN PROPANE SUBURBAN RATE AUTHORITY SUBURBAN TIRE & AUTO SERVICE I SUMMIT ENVIROSOLUTIONS SUPERIOR STRIPING INC SWEDLUNDS TARGET TELEPHONE ANSWERING CENTER INC TESCH, TOM TIMM, KEVIN TOLL GAS AND WELDING SUPPLY TRIARCO TROPHY HOUSE TRUGREEN CHEMLAWN MTKA TWIN CITY OXYGEN CO TWIN CITY TIRE UNIFORMS UNLIMITED UNITED LABORATORIES UNLIMITED SUPPLIES INC US FILTER/WATERPRO US PREMISE NETWORKING SERVICES VALLEY RICH CO INC VAN WATERS & ROGERS INC VWR SCIENTIFIC PRODUCTS W GORDON SMITH COMPANY, THE W W GRAINGER INC WAHLS ENTERPRISES WARNING LIGHTS OF MINNESOTA WATSON CO INC, THE 26-AUG-1998 (14:47) DESCRIPTION MERCHANDISE FOR RESALE CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES WASTE DISPOSAL EQUIPMENT PARTS EQUIPMENT PARTS CONTRACTED REPAIR & MAINT DESIGN & CONST OTHER CONTRACTED SERVICES CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES BUILDING OTHER CONTRACTED SERVICES DUES & SUBSCRIPTIONS CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES SMALL TOOLS CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES OFFICE EQUIPMENT MISC TAXABLE OTHER CONTRACTED SERVICES SMALL TOOLS MOTOR FUELS DUES & SUBSCRIPTIONS EQUIPMENT PARTS PROFESSIONAL SERVICES GROUNDS MAINTENANCE WASTE DISPOSAL EMPLOYEE AWARD OTHER CONTRACTED SERVICES LICENSES & TAXES OTHER CONTRACTED SERVICES EQUIPMENT RENTAL OPERATING SUPPLIES-GENERAL ADVERTISING OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT CLOTHING & UNIFORMS CLEANING SUPPLIES EQUIPMENT PARTS REFUNDS CONTRACTED REPAIR & MAINT CONTRACTED REPAIR & MAINT CHEMICALS OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL MERCHANDISE FOR RESALE CONCESSIONS GENERAL PROGRAM EPCC MAINTENANCE WATER SYSTEM MAINTENANCE ADULT PROGRAM WATER TREATMENT PLANT EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE OAK POINT OPERATIONS 10 MGD WATER PLANT EXPANSION WATER METER READING EQUIPMENT MAINTENANCE SUMMER SAFETY CAMP COMMUNITY CENTER HVAC SOFTBALL WATER UTILITY-GENERAL EQUIPMENT MAINTENANCE MILLER PARK WATER TREATMENT PLANT EPCC MAINTENANCE SEWER SYSTEM MAINTENANCE PARK MAINTENANCE SEWER UTILITY-GENERAL PRAIRE VIEW LIQUOR #3 SOFTBALL TRAILS WATER SYSTEM MAINTENANCE COUNCIL EQUIPMENT MAINTENANCE WATER UTILITY-GENERAL FIRE STATION #2 OUTDOOR CENTER-STARING LAKE HUMAN RESOURCES WATER TREATMENT PLANT STREET MAINTENANCE SOFTBALL JULY 4TH CELEBRATION SUMMER SKILL DEVELOP COMMUNITY SERVICES WATER TREATMENT PLANT WATER SYSTEM MAINTENANCE EQUIPMENT MAINTENANCE FIRE WATER TREATMENT PLANT EQUIPMENT MAINTENANCE INSPECTION-ADMIN INFORMATION SYSTEM WATER SYSTEM MAINTENANCE WATER TREATMENT PLANT WATER TREATMENT PLANT STORM DRAINAGE EPCC MAINTENANCE PARK MAINTENANCE STREET LIGHTING CONCESSIONS COUNCIL CHECK REGISTER 26-AUG-1998 (14:47) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM 66861 $150.00 WEATHER WATCH INC OTHER CONTRACTED SERVICES SNOW & ICE CONTROL 66862 $19.95 WINE ENTHUSIAST DUES & SUBSCRIPTIONS LIQUOR STORE CUB FOODS 66863 $9,286.44 WM MUELLER AND SONS INC PARK EQUIPMENT RICE MARSH LK K49 66864 $473.50 YOCUM OIL COMPANY INC. CONTRACTED REPAIR & MAl NT FIRE 66865 $242.52 ZEP MANUFACTURING CO LUBRICANTS & ADDITIVES EQUIPMENT MAINTENANCE 66866 $38.00 ZOELLNER, MARK OTHER CONTRACTED SERVICES SOFTBALL $971,952.36* EDEN PRAIRIE CITY COUNCIL AGENDA DATE: September 1, 1998 SECTION: Ordinances and Resolutions Jin , 4. ITEM NO. DEPARTMENT: ITEM DESCRIPTION: Resolution certifying proposed 1999 property tax levy, Administration -C. Enger accepting the proposed 1999 budget, and setting date(s) for Truth-in-Taxation hearings(s) Requested Council Action: It is recommended that the City Council adopt the resolution which: 1. Certifies the proposed 1999 net property tax levy to be $18,611,991; 2. Sets the "Truth-in-Taxation" public hearing for Monday, December 7, 1998 and, if necessary, to reconvene the public hearing on Tuesday, December 15, 1998; and 3. Accepts the proposed 1999 budget of $25,527,672 as reviewed by the Council on August 18, 1998. Background: Minnesota law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. In 1997, the Legislature passed a new levy limit law for the 1998 and 1999 budget years. This law limits Eden Prairie's total levy (not including debt) to growth plus inflation. For 1999, this increase is about 6%. At the same time, the City Council must accept a proposed budget for the coming year. The City must also set a date for the "Truth-in-Taxation" hearing and a date to reconvene it (if necessary). These dates may not conflict with the initial hearing dates set by Hennepin County, school districts, or the metropolitan taxing districts. Because they get to set their dates before we do, there are a very limited number of dates available. The dates of December 7 and December 15 are the most workable ones for us to be within the schedule established by the Minnesota Department of Revenue. The Council must adopt the final tax levy and budget by December 15. Attached Documents: Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA A RESOLUTION ADOPTING THE CITY'S PROPOSED 1999 PROPERTY TAX LEVIES, SETTING THE DATE(S) FOR THE "TRUm-IN-TAXATION" HEARINGS, AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 1999 WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager's recommended 1999 budget and tax levies; and WHEREAS, the City Council has decided to accept these recommendations at this time. NOW, THEREFORE, BE IT RESOLVED, that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 1999 budget. Net Levy on Tax Capacity (City) Levy on Market Value Total NET LEVY $18,019,991 592.000 $18,611,991 * The NET LEVY excludes $645,872 in Homestead and Agriculture Credit Aid (HACA), and $787,152 in distribution from the Metropolitan Tax-Base Sharing Pool (Fiscal Disparities). The proposed total Net Levy may not be exceeded when the City Council sets the fmal tax levy for 1999. 2. Sets the following dates for the "Truth-in-Taxation" public hearings on the proposed 1999 tax levy and budget: Public Hearing: Reconvened Public Hearing: Monday, December 7, 1998 7:30 PM, Council Chambers Eden Prairie City Center 8080 Mitchell Road Tuesday, December 15,1998 6:30 PM, Council Chambers Eden Prairie City Center 8080 Mitchell Road If the public hearing is completed and closed on December 7, the Council will consider action on the 1999 tax levy and budget at its regularly-scheduled meeting December 15, 1998. 3. Accepts the 1999 proposed net levy of$18,611,991 and proposed budget totaling $25,527,672 at this time. ADOPTED by the City Council on September 1, 1998. Jean L. Harris, Mayor ATTEST: Donald R. Uram, City Clerk .~ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: September 1, 1998 SECTION: Ordinances and Resolutions W.f;· ITEM NO. DEPARTMENT: ITEM DESCRIPTION: Resolution certifying proposed 1999 local transit services Administration -C. Enger tax levy and setting date(s) for Truth-in-Taxation hearings(s) Requested Council Action: It is recommended that the City Council adopt the resolution which: 1. Certifies the proposed 1999 net local transit services tax levy to be $2,238,691; 2. Sets the "Truth-in-Taxation" public hearing for Monday, December 7, 1998 and, if necessary, to reconvene the public hearing on Tuesday, December 15, 1998; and Background On June 16, 1998, the City Council declared their intent to exercise the local transit tax levy option for taxes payable in 1999. Certifying the amount to be levied is the next step in this process. In conjunction with the City, this amount must be certified to the county auditor by September 15. The final levy adoption is required by December 15. Attached Documents: Resolution I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA A RESOLUTION ADOPTING THE CITY'S PROPOSED 1999 LOCAL TRANSIT SERVICES TAX LEVY AND SETTING THE DATE(S) FOR THE "TRUTH-IN-TAXATION" HEARINGS WHEREAS, the City Council of the City of Eden Prairie has declared their intent to exercise the local transit tax levy option for taxes payable in 1999 in the maximum amount permitted by the Local Levy Option Act. NOW, THEREFORE, BE IT RESOLVED, that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for Local Transit Service in 1999: NET LEVY $2,238,691 * The NET LEVY excludes $454,747 in Homestead and Agriculture Credit Aid (HACA), and $94,707 in distribution from the Metropolitan Tax-Base Sharing Pool (Fiscal Disparities). The proposed total net levy may not be exceeded when the City Council sets the fmal tax levy for 1999. 2. Sets the following dates for the "Truth-in-Taxation" public hearings on the proposed 1999 tax levy and budget: Public Hearing: Reconvened Public Hearing: Monday, December 7,1998, 7:30 PM, Council Chambers Eden Prairie City Center 8080 Mitchell Road Tuesday, December 15, 1998 6:30 PM, Council Chambers Eden Prairie City Center 8080 Mitchell Road lfthe public hearing is completed and closed on December 7, the Council will consider action on the 1999 tax levy and budget at its regularly-scheduled meeting December 15, 1998. 3. Accepts the 1999 proposed net levy of$2,238,691 at this time. ADOPTED by the City Council on September 1, 1998. Jean L. Harris, Mayor ATTEST: Donald R. Uram, City Clerk CITY COUNCIL AGENDA DATE: SECTION: REPORT OF CITY MANAGER September 1, 1998 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Award Contract for Phase 1 Construction XI.B.1 Facilities of Fire Station Background Information Bid opening for Phase 1 (bid packet 1) was conducted on Tuesday, August 25,1998 at 2:00 p.m. with 10 different companies bidding on 4 Divisons of the packet. There will be 3 phases (bid packets) for this project; Phase 1-site and earthwork, Phase 2-construction of the building, Phase 3-construction of the parking ramp. Phase 1 came in under budget by $1557.00. Phase 2 has now been advertised and will be received and opened on Monday, September 14, 1998. It is projected to have the Phase 3 bid package advertised over winter 1998-99 with constructionn of the parking ramp to start in early spring. Recommendation Staff recommends awarding the contract for phase 1 construction of the fire station to the following companies; Div 1: Building Excavation/ Earthwork Div 2: Site Utilities Div 3: Footings and Foundations Div 4: Structural Steel-Supply Belair Excavating $ 42,999.00 Julian Johnson $ 61,525.00 Northland Concrete $147,000.00 Bergh's Fabricating $ 92,600.00 The contract amounts total is $344,124 and will include site utility work, grading, footings and foundation, structural steel. Overview Plans and specifications were completed, advertised and distributed. Sealed bids were opened Tuesday, August 25,1998. 13 bids were received and are listed below: Div 1: Building Excavation/Earthwork (Contractor Name) (1 )Belair Excavating (2)Ingram Excavating (3)Julian Johnson Div 2: Site Utilities (I)Julian Johnson (2)Ingram Excavating (3)Belair Excavating (4)Metro Utilities (Bid Amount) $42,999.00 $49,630.00 $88,895.00 $61,525.00 $72,895.00 $76,205.00 $64,900.00 ! Page 2 Div 3: Footings and Foundations (I)Northland Concrete (2)Crosstown Mas. (3)Spraungel Const. (4)Kellington Const. Div 4: Structural Steel-/Supply (l)Bergh's Fabricating (2)Thurnbeck Steel $147,000.00 $147,520.00 $147,500.00 $156,800.00 $ 92,600.00 $106,544.00 Work will begin as soon as all paperwork is submitted and approved. This phase of construction and this contract will be completed by the end of October. Financial Considerations Money allocated for construction of the fire station will be used for this contract as well as additional contracts to follow.