HomeMy WebLinkAboutCity Council - 05/06/1997CITY COUNCIL/STAFF WORKSHOP
ON CITY COUNCIL OPERATIONAL PROCEDURES
TUESDAY, MAY 6,1997
COUNCILMEMBERS:
CITY COUNCIL STAFF:
6:30 PM, CITY CENTER
Heritage Room IV
Mayor Jean Harris, Sherry Butcher-
Younghans, Ronald Case, Ross
Thorfinnson, Jr., and Nancy Tyra-
Lukens
City Manager Carl J. Jullie, Assistant
City Manager Chris Enger, Director,
Director of Public Works Gene Dietz,
Chief of Police Jim Clark, Director of
Parks, Recreation & Natural
Resources Bob Lambert, Director of
Human Resources & Community
Services Natalie Swaggert, and
Recording Secretary
I. CALL MEETING TO ORDER
II. DISCUSSION ON CITY COUNCIL OPERATIONAL
PROCEDURES
III. OTHER BUSINESS
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MAY 6,1997
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 Carl J. Jullie, Assistant
City Manager Chris Enger, Director of
Parks, Recreation & Natural Resources
Bob Lambert, Director of Public Works
Eugene Dietz, City Attorney Roger Pauly,
and Council Recorder Jan Nelson
PRESENTATION OF "SENIOR AWARENESS WEEK" PROCLAMATION
BOND SALE OF $3,105,000 CITY OF EDEN PRAIRIE GENERAL OBLIGATION
REFUNDING BONDS, SERIES 1997 A, AND $2,865,000 CITY OF EDEN
PRAIRIE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997B
(Resolution Prescribing the Form and Details and Providing for the
Payment of $3,105,000 City of Eden Prairie General Obligation Refunding
Bonds, Series 1997 A; Resolution Prescribing the Form and Details and
Providing for the Payment of $2,865,000 City of Eden Prairie General
Obligation Improvement Refunding Bonds, Series 1997B; and Supplemental
Resolution Relating to $2,865,000 City of Eden Prairie General Obligation
Improvement Refunding Bonds, Series 1997B Term Bonds)
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. OPEN PODIUM
III. MINUTES
A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, APRIL 15.
1997
B. CITY COUNCIL MEETING HELD TUESDAY. APRIL 15, 1997
C. CITY COUNCIUSTAFF WORKSHOP HELD TUESDAY, APRIL 22,
1997
City Council Agenda
Tuesday, May 6,1997
Page Two
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. APPROVAL OF COMMUNITY CENTER LOCKER ROOM
SHOWER POLE BID PROPOSAL
C. APPROVAL OF DESIGN SERVICES FOR HVAC IMPROVEMENT
CONTRACT AND FILTER PUMP IMPROVEMENTS AT EDEN
PRAIRIE COMMUNITY CENTER
D. PURGATORY CREEK ESTATES by Barry Post and John Brian
Post. 2nd Reading of an Ordinance for Zoning District Change from
Rural to R1-13.5. Location: 12381 Sunnybrook Road. (Ordinance
for Rezoning)
E. RELEASE OF LAND FROM SPECIAL ASSESSMENT
AGREEMENT FOR DELLWOOD ESTATES
F. UNITED HEAL THCARE by United Healthcare. 2nd Reading of an
Ordinance for Planned Unit Development District Review on 10.4
acres and Rezoning from Industrial to Office on 10.4 acres, Adoption
of a Resolution for Site Plan Review on 10.4 acres and Approval of
a Developer's Agreement for United Healthcare. Location:
Southeast corner of Prairie Center Drive and Technology Drive.
(Ordinance for PUD District Review and Rezoning and
Resolution for Site Plan Review)
G. CHIMNEY PINES by Laukka-Jarvis, Inc. 2nd Reading of an
Ordinance for PUD District Review on 1.29 acres and Zoning District
Amendment in the R1-9.5 District on 1.29 acres, Adoption of a
Resolution for Site Plan Review on 1.29 acres and Approval of a
Developer's Agreement for Chimney Pines. Location: Spyglass
Drive, south of Riverview Road. (Ordinance for PUD District
Review and Zoning District Amendment and Resolution for Site
Plan Review)
H. APPROVAL OF WASTE DELIVERY AGREEMENT WITH
HENNEPIN COUNTY
I. RELEASE OF LAND FROM SPECIAL ASSESSMENT
AGREEMENT FOR FLAGSHIP ADDITION
City Council Agenda
Tuesday, May 6,1997
Page Three
J. RESOLUTION APPROVING CONSTRUCTION PLANS AND A
CONSTRUCTION AND OPERATION AGREEMENT WITH
HENNEPIN COUNTY FOR TEMPORARY TRAFFIC SIGNAL AT
CSAH 1 AND CSAH 4 (Spring Road/Mitchell Road), I.C. 97-5438
K. APPROVE INFORMAL PROFESSIONAL SERVICES AGREEMENT
WITH WESTWOOD PROFESSIONAL SERVICES FOR
INSTALLATION OF TEMPORARY TRAFFIC SIGNAL AT CSAH 1
AND CSAH 4 (Spring Road/Mitchell Road), I.C. 97-5438
L. RESOLUTION AMENDING FEE RESOLUTION RELATING TO
PERMIT FEES FOR WORK WITHIN THE RIGHT-OF-WAY
V. PUBLIC HEARINGS/MEETINGS
A. MENARDS EXPANSION by Marv Prochaska. Request for Planned
Unit Concept Review on 15.72 acres, Planned Unit District Review
on 15.72 acres, Zoning District Amendment in the Commercial
Regional Zoning District on 15.72 acres and Site Plan Review on
15.72 acres. Location: Plaza Drive, South of Highway 5.
(Resolution for PUD Concept Review, Ordinance for PUD
District Review and Zoning District Amendment)
B. EXECUTIVE AVIATION EXPANSION by Kelleher Construction for
Site Plan Review on 3.5 acres for construction of a 29,900 sq.ft.
hangar addition to Executive Aviation. Location: 9960 Flying Cloud
Drive. (Resolution for Site Plan Review)
C. LAKE SMETANA APARTMENTS by Klodt Incorporated. Proposed
amendment to the original project. Request for PUD Concept
Amendment on 17.19 acres, PUD District Review on 17.19 acres,
Zoning District Change from Rural to RM-2.5 on 12.37 acres and
Site Plan Review on 12.37 acres for a proposed amendment to an
apartment project. Location: Smetana Lane (Resolution for PUD
Concept Amendment and Ordinance for PUD District Review
and Zoning District Change)
D. VACATION 97-02 LEONA AND LEONA 2ND ADDITION
(Resolution)
E. VACATION 97-03 BIRCHWOOD LABS (Resolution)
F
City Council Agenda
Tuesday, May 6,1997
Page Four
VI. PAYMENT OF CLAIMS
VII. ORDINANCES AND RESOLUTIONS
A. 1ST READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 4. SECTION 4.06. SUBD. 3. SECTION 480. SUBD. D.
AND ADOPT BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 4.99 RELATING TO BEER. WINE & LIQUOR
VIII. PETITIONS. REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. SOUTHWEST METRO TRANSIT COMMISSION (Council member
Nancy Tyra-Lukens)
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. Resolution Awarding Contract for Sunnybrook Road
Improvements. I.C. 94-5363
F. REPORT OF CITY ATTORNEY
XII. OTHER BUSINESS
XIII. ADJOURNMENT
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: May 6/97
SECTION: ITEM NO.
DEPARTMENT: Parks, ITEMS DESCRIPTION: Senior Awareness Week Proclamation
Recreation and Facilities
The Senior Awareness Week Proclamation is on the Council Agenda tonight. Senior Awareness
Week is Eden Prairie's Celebration of Older American's Month which is celebrated nationally in
May.
This year Senior Awareness Week activities span 11 days from May 8 through May 19. The Eden
Prairie News will feature inserts of the activities in the May 1 and May 8 papers.
A group of Seniors will be present at the May 6 council meeting at 7 :30 pm to receive the
proclamation.
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PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, the increasing number of senior citizens in Eden Prairie bring many
opportunities and challenges for all components of our City --families, businesses, and
government; and
WHEREAS, every segment of our society is influenced by the needs, resources and
expertise of our older citizens; and
WHEREAS, our Eden Prairie seniors playa pivotal role in formal and informal
education, sharing years of accumulated experience and wisdom which will impact our future;
and
WHEREAS, the community wishes to celebrate and acknowledge the contributions and
accomplishments of the older adults in our community and recognize the organizations that serve
older adults;
NOW, THEREFORE, I, Jean L. Harris, Mayor of the City of Eden Prairie, Minnesota,
do hereby proclaim
May 8 through May 19, 1997
to be
"SENIOR AWARENESS WEEK"
In the City of Eden Prairie, Minnesota
ADOPTED by the Eden Prairie City Council on this 6th day of May, 1997.
IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie.
Jean L. Harris, Mayor
on behalf of Council members:
Ron Case
Sherry ButcherY ounghans
Ross Thorfinnson, Jr.
Nancy Tyra-Lukens
CITY COUNCIL AGENDA DATE:
SECTION: May 6,1997
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Finance REFUNDING BOND SALE
Background:
The City advertised for bids to refund two city bond issues--the Public Building Bonds of April 1,
1989 in the amount of $3,105,000 and the Recreation Bonds of April 1, 1989, in the amount of
$2,865,000. The savings are estimated to be about $300,000. Bids will be opened Tuesday, May 6,
at 10:30 a.m. Dave MacGillivray of Springsted will be present Tuesday evening to present the bids
and make recommendations.
Action/Direction:
Page 1
Councilmember introduced the following resolution and moved
its adoption, which motion was seconded by Councilmember ______ _
RESOLUTION PRESCRIBING THE FORM AND DETAILS AN r n
PROVIDING FOR THE PAYMENT OF $..:1 • J-If/i crt fckJfI f1tU {j ~
GENERAL OBLIGATION REFUNDING BONDS, SE ES 1997A
BE IT RESOLVED by the City Council of the City of Eden Prairie,
Minnesota (the Issuer), as follows:
Section 1. Authorization and Sale.
1.01. Authorization. By Resolution No. 97-58 duly adopted on April 1,
1997, the Issuer authorized the issuance and sale of its General Obligation Refunding
Bonds, Series 1997 A in the approximate principal amount of $3,105,000, subject to
adjustment in accordance with the Terms of Proposal approved by Resolution No.
97-58 (the Bonds). The Issuer believes that a substantial debt service savings can be
achieved by the issuance and sale of the Bonds. The proceeds of the Bonds will be
used, together with funds on hand as may be required (a) to refund on September 1,
1997, the 1998 through 2002 maturities, aggregating $1,280,000 in principal amount,
of the $2,060,000 General Obligation Public Building Refunding Bonds, Series 1989A,
dated April 1, 1989 (the 1989A Public Building Bonds) and (b) to refund on
November 1, 1997, the 1998 through 2002 maturities, aggregating $1,755,000 in
principal amount, of the $2,770,000 General Obligation Recreational Facility
Refunding Bonds, Series 1989B, dated April 1, 1989 (the 1989B Recreational Facility
Bonds and together with the 1989A Public Building Bonds, the Refunded Bonds).
1.02. Sale. Pursuant to the Terms of Proposal and the Official
Statement prepared on behalf of the Issuer by Springsted Incorporated, sealed
proposals for the purchase of the Bonds were received at or before the time specified
for receipt of proposals. The proposals have been opened, publicly read and
considered and the purchase price, interest rates and net interest cost under the
terms of each proposal have been determined. The most favorable proposal
received is that of ______________________ _
of , and associates (the Purchaser). In
accordance with the Terms of Proposal, it is hereby determined to issue the Bonds in
the principal amount of $ at a price of $ plus
accrued interest, and upon the further terms and conditions set forth herein.
1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser
and the Mayor and Finance Director/Clerk are hereby authorized and directed to
execute a contract on behalf of the Issuer for the sale of the Bonds in accordance with
the terms of the proposal. The good faith deposit of the Purchaser shall be retained
and deposited by the Issuer until the Bonds have been delivered, and shall be
deducted from the purchase price paid at settlement.
Section 2. Bond Terms: Registration: Execution and Delivery.
2.01. Issuance of Bonds. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the valid issuance of the Bonds
having been done, now existing, having happened and having been performed, it is
now necessary for the City Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
2.02. Maturities: Interest Rates: Denominations and Payment. The
Bonds shall be originally dated as of June 1, 1997, shall be in the denomination of
$5,000 each, or any integral multiple thereof, of single maturities, shall mature on
March 1 in the years and amounts stated below, and shall bear interest from date of
issue until paid at the annual rates set forth opposite such years and amounts, as
follows:
1998
1999
2000
2001
2002
Amount
The Bonds shall be issuable only in fully registered form. The interest thereon and,
upon surrender of each Bond, the principal amount thereof shall be payable by
check or draft issued by the Registrar described herein; provided that, so long as the
Bonds are registered in the name of a securities depository, or a nominee thereof, in
accordance with Section 2.08 hereof, principal and interest shall be payable in
accordance with the operational arrangements of the securities depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the
Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange
pursuant to Section 2.06, the date of authentication shall be noted on each Bond so
delivered, exchanged or transferred. The interest on the Bonds shall be payable on
March 1 and September 1 in each year, commencing March 1, 1998, to the owner of
record thereof as of the close of business on the fifteenth day of the preceding
month, whether or not such day is a business day. Interest shall be computed on the
basis of a 360 day year composed of twelve 30 day months.
2.04. Redemption. The Bonds shall not be subject to redemption prior
to their stated maturity dates.
2.05. Appointment of Initial Registrar. The Issuer hereby appoints
in , Minnesota, as the initial bond registrar, transfer agent and
paying agent (the Registrar). The Mayor and the Finance Director/Clerk are
authorized to execute and deliver, on behalf of the Issuer, a contract with the
Registrar. Upon merger or consolidation of the Registrar with another corporation,
if the resulting corporation is a bank or trust company authorized by law to conduct
such business, such corporation shall be authorized to act as successor Registrar.
The Issuer agrees to pay the reasonable and customary charges of the Registrar for
the services performed. The Issuer reserves the right to remove the Registrar upon
thirty (30) days notice and upon the appointment of a successor Registrar, in which
event the predecessor Registrar shall deliver all cash and Bonds in its possession to
the successor Registrar and shall deliver the bond register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties
of the Issuer and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust
office a bond register ~n which the Registrar shall provide for the registration
of ownership of Bonds and the registration of transfers and exchanges of
Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly
endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver
one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly canceled by the Registrar and thereafter disposed
of as directed by the Issuer.
(e) Improper or Unauthorized Transfer. When any Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the same
until it is satisfied that the endorsement on such Bond or separate instrument
of transfer is valid and genuine and that the requested transfer is legally
authorized. The Registrar shall incur no liability for the refusal, in good faith,
to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The Issuer and the Registrar may treat
the person in whose name any Bond is at any time registered in the bond
register as the absolute owner of the Bond, whether the Bond shall be
overdue or not, for the purpose of receiving payment of or on account of, the
principal of and interest on the Bond and for all other purposes; and all
payments made to any registered owner or upon the owner's order shall be
valid and effectual to satisfy and discharge the liability upon Bond to the
extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid
with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a
new Bond of like amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu
of and in substitution for any Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing
to the Registrar of an appropriate bond or indemnity in form, substance and
amount satisfactory to it, in which both the Issuer and the Registrar shall be
named as obligees. All Bonds so surrendered to the Registrar shall be
canceled by it and evidence of such cancellation shall be given to the Issuer. If
the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to
issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated
authenticating agent for the Bonds, within the meaning of Minnesota
Statutes, Section 475.55, Subdivision I, as amended.
2.07. Execution, Authentication and Delivery. The Bonds shall be
prepared under the direction of the Finance Director/Clerk and shall be executed on
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behalf of the Issuer by the signatures of the Mayor and the Finance Director/Clerk,
provided that the signatures may be printed, engraved or lithographed facsimiles of
the originals. In case any officer whose signature or a facsimile of whose signature
shall appear on the Bonds shall cease to be such officer before the delivery of any
Bond, such signature or facsimile shall nevertheless be valid and sufficient for all
purposes, the same as if he had remained in office until delivery. -Notwithstanding
such execution, no Bond shall be valid or obligatory for any purpose or entitled to
any security or benefit under this Resolution unless and until a certificate of
authentication on the Bond has been duly executed by the manual signature of an
authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed
certificate of authentication on each Bond shall be conclusive evidence that it has
been authenticated and delivered under this Resolution. When the Bonds have
been prepared, executed and authenticated, the Finance Director/Clerk shall deliver
them to the Purchaser upon payment of the purchase price in accordance with the
contract of sale heretofore executed, and the Purchaser shall not be obligated to see to
the application of the purchase price.
2.08. Securities Depository. (a) For purposes of this section the
following terms shall have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond,
the person in whose name such Bond is recorded as the beneficial owner of such
Bond by a Participant on the records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York, New
York.
"Participant" shall mean any broker-dealer, bank or other financial
institution for which DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant
to which the Issuer agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully
registered bonds, and one Bond shall be issued in the principal amount of each
stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds
shall be registered in the bond register in the name of Cede & Co., as nominee of
DTC. The Registrar and the Issuer may treat DTC (or its nominee) as the sole and
exclusive owner of the Bonds registered in its name for the purposes of payment of
the principal of or interest on the Bonds, selecting the Bonds or portions thereof to
be redeemed, if any, giving any notice permitted or required to be given to registered
owners of Bonds under this resolution, registering the transfer of Bonds, and for all
other purposes whatsoever; and neither the Registrar nor the Issuer shall be affected
by any notice to the contrary. Neither the Registrar nor the Issuer shall have any
responsibility or obligation to any Participant, any person claiming a beneficial
ownership interest in the Bonds under or through DTC or any Participant, or any
other person which is not shown on the bond register as being a registered owner of
any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount
with respect to the principal of or interest on the Bonds, with respect to any notice
which is permitted or required to be given to owners of Bonds under this
resolution, with respect to the selection by DTC or any Participant of any person to
receive payment in the event of a partial redemption of the Bonds, or with respect
to any consent given or other action taken by DTC as registered owner of the Bonds.
So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the
Registrar shall pay all principal of and interest on such Bond, and shall give all
notices with respect to such Bond, only to Cede & Co. in accordance with DTC's
Operational Arrangements, and all such payments shall be valid and effective to
fully satisfy and discharge the Issuer's obligations with respect to the principal of and
interest on the Bonds to the extent of the sum or sums so paid. No person other
than DTC shall receive an authenticated Bond for each separate stated maturity
evidencing the obligation of the Issuer to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., the Bonds will be
transferable to such new nominee in accordance with paragraph (e) hereof.
(c) In the event the Issuer determines that it is in the best interest of
the Beneficial Owners that they be able to obtain Bonds in the form of bond
certificates, the Issuer may notify DTC and the Registrar, whereupon DTC shall
notify the Participants of the availability through DTC of Bonds in the form of
certificates. In such event, the Bonds will be transferable in accordance with
paragraph (e) hereof. DTC may determine to discontinue providing its services with
respect to the Bonds at any time by giving notice to the Issuer and the Registrar and
discharging its responsibilities with respect thereto under applicable law. In such
event the Bonds will be transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC by
the Mayor or Finance Director/Clerk is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted
under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished
upon receipt by the Registrar of the Bonds to be transferred or exchanged and
appropriate instruments of transfer to the permitted transferee in accordance with
the provisions of this resolution. In the event Bonds in the form of certificates are
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issued to owners other than Cede & Co., its successor as nominee for DTC as owner
of all the Bonds, or another securities depository as owner of all the Bonds, the
provisions of this resolution shall also apply to all matters relating thereto,
including, without limitatiQn, the printing of such Bonds in the form of bond
certificates and the method of payment of principal of and interest on such Bonds in
the form of bond certificates. -
2.09. Form of Bonds. The Bonds shall be prepared in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
HENNEPIN COUNTY
CITY OF EDEN PRAIRIE
GENERAL OBLIGATION REFUNDING BOND, SERIES 1997A
Interest Rate Maturity Date Date of Original Issue CUSIP No.
June I, 1997
REGISTERED OWNER: CEDE & CO.
PRINCIP AL AMOUNT:
The City of Eden Prairie, County of Hennepin, State of Minnesota (the Issuer)
acknowledges itself to be indebted and for value received hereby promises to pay to
the registered owner specified above, or registered assigns, the principal amount
specified above on the maturity date specified above, without option of prior
payment, with interest thereon from the date hereof at the annual rate specified
above, payable on March 1 and September 1 in each year, commencing March I,
1998, to the person in whose name this Bond is registered at the close of business on
the fifteenth day (whether or not a business day) of the immediately preceding
month. Interest hereon shall be computed on the basis of a 360-day year composed
of twelve 30-day months. The interest hereon and, upon presentation and
surrender hereof, the principal hereof are payable in lawful money of the United
States of America by check or draft by , in ____ -'
Minnesota, as Bond Registrar and Paying Agent, or its designated successor under
the Resolution described herein (the Registrar). For the prompt and full payment of
such principal and interest as the same respectively become due, the full faith and
credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
This Bond is one of an issue in the aggregate principal amount of
$ issued pursuant to a resolution adopted by the City Council on May 6,
1997 (the Resolution), to provide funds to refund certain outstanding general
obligation Bonds of the Issuer and is issued pursuant to and in full conformity with
the Constitution and laws of the State of Minnesota thereunto enabling, including
Minnesota Statutes, Chapter 475. The Bonds are issuable only in fully registered
form, in denominations of $5,000 or any integral multiple thereof, of single
maturities.
As provided in the Resolution and subject to certain limitations set forth
therein, this Bond is transferable upon the books of the Issuer at the principal office
of the Registrar, by the registered owner hereof in person or by the owner's attorney
duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar, duly executed by the registered
owner or the owner's attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or exchange the Issuer will
cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The Bonds have been designated by the Issuer as "qualified tax-exempt
obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986.
Notwithstanding any other provisions of this Bond, so long as this Bond is
registered in the name of Cede & Co., as nominee of The Depository Trust
Company, or in the name of any other nominee of The Depository Trust Company
or other securities depository, the Registrar shall pay all principal of and interest on
this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or
other nominee in accordance with the operational arrangements of The Depository
Trust Company or other securities depository as agreed to by the Issuer.
The Issuer and the Registrar may deem and treat the person in whose name
this Bond is registered as the absolute owner hereof, whether this Bond is overdue
or not, for the purpose of receiving payment and for all other purposes, and neither
the Issuer nor the Registrar shall be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all
acts, conditions and things required by the Constitution and laws of the State of
Minnesota to be done, to exist, to happen and to be performed preliminary to and in
the issuance of this Bond in order to make it a valid and binding general obligation
of the Issuer in accordance with its terms, have been done, do exist, have happened
and have been performed as so required; that the Issuer has established its General
Obligation Refunding Bonds, Series 1997 A Bond Fund and has appropriated thereto
ad valorem taxes on all taxable property in the Issuer, which are estimated to be
receivable in years and amounts not less than five percent in excess of the principal
of and interest on the Bonds when due; that if necessary for the payment of such
principal and interest when due, additional ad valorem taxes are required to be
levied upon all such property, without limitation as to rate or amount; that the
issuance of this Bond does not cause the indebtedness of the Issuer to exceed any
constitutional or statutory limitation of indebtedness; and that the opinion printed
hereon is a full and correct copy of the legal opinion given by Bond Counsel with
reference to the Bonds, dated as of the date of original delivery of the Bonds.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution until the Certificate of
Authentication hereon shall have been executed by the Registrar by manual
signature of one of its authorized representatives.
IN WITNESS WHEREOF, the Issuer, by its City Council, has caused this Bond
to be executed on its behalf by the facsimile signatures of the Mayor and Finance
Director/Clerk and has caused this Bond to be dated as of the date set forth below.
CITY OF EDEN PRAIRIE, MINNESOTA
(facsimile signature Finance Director IClerk) (facsimile signature Mayor)
CERTIFICATE OF AUTHENTICATION
Dated
This is one of the Bonds delivered pursuant to the Resolution mentioned
within.
_____ -', as Registrar
By ___________________ _
Authorized Representative
[Insert Legal Opinion]
The following abbreviations, when used in the inscription on the face of this Bond,
shall be construed as though they were written out in full according to the applicable
laws or regulations:
TEN COM --as tenants in common UTMA ........................... as Custodian for ............ .
(Cust) (Minor)
under Uniform Transfers to Minors Act ..........
TEN ENT --as tenants by the entireties (State)
JT TEN --as joint tenants with right of survivorship and not as tenants in common
/0
Additional abbreviations may also be used.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
_________ the within Bond and all rights thereunder, and does
hereby irrevocably constitute and appoint attorney to
transfer the said Bond on the books kept for registration of the within Bond, with
full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: The assignor's signature to this
assignment must correspond with the name as it
appears upon the face of the within Bond in every
particular, without alteration or enlargement or
any change whatsoever.
Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the
requirements of the Registrar, which requirements include membership or
participation in STAMP or such other "signature guaranty program" as may be
determined by the Registrar in addition to or in substitution for STAMP, all in
accordance with the Securities Exchange Act of 1934, as amended.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[End of the Bond form]
Section 3. Use of Proceeds. Upon payment for the Bonds by the
Purchaser, the Finance Director/Clerk shall deposit and apply the proceeds of the
Bonds as follows: (a) $ shall be deposited in the sinking fund
established for the 1989A Public Building Bonds to be applied to their redemption
and prepayment on their date of redemption (September 1, 1997), in accordance with
the provisions of the resolution authorizing their issuance; (b) $ ______ _
shall be deposited in escrow with _________________ -'
in , Minnesota (the Escrow Agent), a banking institution
whose deposits are insured by the Federal Deposit Insurance Corporation and whose
combined capital and surplus is not less than $500,000, the funds so deposited,
together with funds of the Issuer in such amount as may be required, to be invested
in securities authorized for such purpose by Minnesota Statutes, Section 475.67,
subdivision 8, maturing on such dates and bearing interest at such rates as are
required to provide funds sufficient, with cash retained in the escrow account, to pay
II
all principal and interest to become due on the 1989B Recreational Facility Bonds to
and including their date of redemption (November I, 1997); (c) $. _____ _
shall be used to pay issuance expenses of the Bonds; and (d) $ _____ _
shall be deposited in the Bond Fund created pursuant to Section 4.01 hereof. The
Mayor and Finance Director/Clerk are hereby authorized to enter into an Escrow
Agreement with the Escrow Agent establishing the terms and conditions for the
escrow account in accordance with Minnesota Statutes, Section 475.67.
Section 4. General Obligation Refunding Bonds. Series 1997 A Bond
Fund and Pledge of Taxing Powers.
4.01. General Obligation Refunding Bonds. Series 1997 A Bond Fund.
The Bonds shall be payable from a separate and special General Obligation
Refunding Bonds, Series 1997 A Bond Fund (the Bond Fund) of the Issuer, which the
Issuer agrees to maintain until the Bonds have been paid in full. If the money in
the Bond Fund should at any time be insufficient to pay principal and interest due
on the Bonds, such amounts shall be paid from other moneys on hand in other
funds of the Issuer, which other funds shall be reimbursed therefor when sufficient
money becomes available in the Bond fund. The moneys on hand in the Bond
Fund from time to time shall be used only to pay the principal of and interest on the
Bonds. Into the Bond Fund shall be paid: (a) any accrued interest and unused
discount received from the Purchaser upon delivery of the Bonds; (b) subsequent to
the Redemption Date, all ad valorem taxes collected as specified in Section 4.02; and
(c) any other funds appropriated by the Council for the payment of the Bonds.
4.02. Pledge of Taxing Powers. For the prompt and full payment of the
principal of and interest on the Bonds as such payments respectively become due,
the full faith, credit and unlimited taxing powers of the Issuer shall be and are
hereby irrevocably pledged. In order to produce aggregate amounts which, together
with the collections of other amounts as set forth in Section 4.01, will produce
amounts not less than 5% in excess of the amounts needed to meet when due the
principal and interest payments on the Bonds, ad valorem taxes are hereby levied
on all taxable property in the Issuer. The taxes will be levied and collected in the
following years and amounts:
Levy Years Collection Years Amount
1997-2000 1998-2001 See attached levy computation
Said taxes shall be irrepealable as long as any of the Bonds are outstanding and
unpaid, provided that the Issuer reserves the right and power to reduce said levies
in accordance with the provisions of Minnesota Statutes, Section 475.61.
I~
Section 5. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
Resolution to the registered owners of the Bonds shall cease. The Issuer may
discharge its obligations with respect to any Bonds which are due on any date by
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof
in full with interest accrued from the due date to the date of such deposit.The Issuer
may also at any time discharge its obligations with respect to any Bonds, subject to
the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for
this purpose, cash or securities which are authorized by law to be so deposited,
bearing interest payable at such time and at such rates and maturing or callable at
the holder's option on such dates as shall be required to pay all principal and
interest to become due thereon to maturity or earlier designated redemption date.
Section 6. Tax Covenants: Arbitrage Matters and Continuing
Disclosure.
6.01. General Tax Covenant. The Issuer covenants and agrees with the
registered owners from time to time of the Bonds that it will not take, or permit to
be taken by any of its officers, employees or agents, any actions that would cause
interest on the Bonds to become includable in gross income of the recipient under
the Internal Revenue Code of 1986, as amended (the Code) and applicable Treasury
Regulations (the Regulations), and covenants to take any and all actions within its
powers to ensure that the interest on the Bonds will not become includable in gross
income of the recipient under the Code and the Regulations.
6.02. Certification. The Mayor and Finance Director/Clerk being the
officers of the Issuer charged with the responsibility for issuing the Bonds pursuant
to this Resolution, are authorized and directed to execute and deliver to the
Purchaser a certificate in accordance with the provisions of Section 148 of the Code,
and applicable Regulations, stating the facts, estimates and circumstances in
existence on the date of issue and delivery of the Bonds which make it reasonable to
expect that the proceeds of the Bonds will not be used in a manner that would cause
the Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations.
6.03. Arbitrage Rebate. The Issuer acknowledges that the Bonds are
subject to the rebate requirements of Section 148(f) of the Code. The Issuer
covenants and agrees to retain such records, make such determinations, file such
reports and documents and pay such amounts at such times as are required under
said Section 148(f) and applicable Regulations to preserve the exclusion of interest
on the Bonds from gross income for federal income tax purposes.
6.04. Oualified Tax-Exempt Obligations. The City Council hereby
designates the Bonds as "qualified tax-exempt obligations" for purposes of Section
26S(b )(3) of the Code relating to the disallowance of interest expense for financial
institutions, and hereby finds that the reasonably anticipated amount of qualified
tax-exempt obligations (within the meaning of Section 26S(b )(3) of the Code) which
will be issued by the Issuer and all subordinate entities during calendar year 1997
does not exceed $10,000,000.
6.0S. Continuing Disclosure. (a) Purpose and Beneficiaries. To
provide for the public availability of certain information relating to the Bonds and
the security therefor and to permit the original purchaser and other participating
underwriters in the primary offering of the Bonds to comply with amendments to
Rule lSc2-12 promulgated by the Securities and Exchange Commission (the SEC)
under the Securities Exchange Act of 1934 (17 c.P.R. § 240.1Sc2-12), relating to
continuing disclosure (as in effect and interpreted from time to time, the Rule),
which will enhance the marketability of the Bonds, the Issuer hereby makes the
following covenants and agreements for the benefit of the Owners (as hereinafter
defined) from time to time of the Outstanding Bonds. The Issuer is the only
"obligated person" in respect of the Bonds Within the meaning of the Rule for
purposes of identifying the entities in respect of which continuing disclosure must
be made. If the Issuer fails to comply with any provisions of this section, any person
aggrieved thereby, including the Owners of any Outstanding Bonds, may take
whatever action at law or in equity may appear necessary or appropriate to enforce
performance and observance of any agreement or covenant contained in this
section, including an action for a writ of mandamus or specific performance. Direct,
indirect, consequential and punitive damages shall not be recoverable for any
default hereunder to the extent permitted by law. Notwithstanding anything to the
contrary contained herein, in no event shall a default under this section constitute a
default under the Bonds or under any other provision of this resolution. As used in
this section, "Owner" or "Bondowner" means, in respect of a Bond, the registered
owner or owners thereof appearing in the bond register maintained by the Registrar
or any "Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner
provides to the Registrar evidence of such beneficial ownership in form and
substance reasonably satisfactory to the Registrar. As used herein, "Beneficial
Owner" means, in respect of a Bond, any person or entity which (i) has the power,
directly or indirectly, to vote or consent with respect to, or to dispose of ownership
of, such Bond (including persons or entities holding Bonds through nominees,
depositories or other intermediaries), or (ii) is treated as the owner of the Bond for
federal income tax purposes.
(b) Information To Be Disclosed. The Issuer will provide, in the
manner set forth in subsection (c) hereof, either directly or indirectly through an
agent designated by the Issuer, the following information at the following times:
(1) on or before 365 days after the end of each fiscal year of the Issuer,
commencing with the fiscal year ending June 30, 1997, the following financial
information and operating data in respect of the Issuer (the Disclosure
Information):
(A) the audited financial statements of the Issuer for such fiscal
year, accompanied by the audit report and opinion of the accountant or
government auditor relating thereto, as permitted or required by the
laws of the State of Minnesota, containing balance sheets as of the end
of such fiscal year and a statement of operations, changes in fund
balances and cash flows for the fiscal year then ended, showing in
comparative form such figures for the preceding fiscal year of the
Issuer, prepared in accordance with generally accepted accounting
principles promulgated by the Financial Accounting Standards Board
as modified in accordance with the governmental accounting standards
promulgated by the Governmental Accounting Standards Board or as
otherwise provided under Minnesota law, as in effect from time to
time, or, if and to the extent such financial statements have not been
prepared in accordance with such generally accepted accounting
principles for reasons beyond the reasonable control of the Issuer,
noting the discrepancies therefrom and the effect thereof, and certified
as to accuracy and completeness in all material respects by the fiscal
officer of the Issuer; and
(B) To the extent not included in the financial statements
referred to in paragraph (A) hereof, the information for such fiscal year
or for the period most recently available of the type contained in the
Official Statement under headings: City Property Values, City
Indebtedness; City Tax Rates, Levies and Collections; Funds on Hand;
and City Investments, which information may be unaudited.
Notwithstanding the foregoing paragraph, if the audited financial statements
are not available by the date specified, the Issuer shall provide on or before
such date unaudited financial statements in the format required for the
audited financial statements as part of the Disclosure Information and, within
10 days after the receipt thereof, the Issuer shall provide the audited financial
statements. Any or all of the Disclosure Information may be incorporated by
reference, if it is updated as required hereby, from other documents, including
official statements, which have been submitted to each of the repositories
hereinafter referred to under subsection (b) or the SEC. If the document
incorporated by reference is a final official statement, it must be available
from the Municipal Securities Rulemaking Board. The Issuer shall clearly
identify in the Disclosure Information each document so incorporated by
reference. If any part of the Disclosure Information can no longer be
generated because the operations of the Issuer have materially changed or
been discontinued, such Disclosure Information need no longer be provided
if the Issuer includes in the Disclosure Information a statement to such effect;
provided, however, if such operations have been replaced by other Issuer
operations in respect of which data is not included in the Disclosure
Information and the Issuer determines that certain specified data regarding
such replacement operations would be a Material Fact (as defined in
paragraph (3) hereof), then, from and after such determination, the Disclosure
Information shall include such additional specified data regarding the
replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph (b)(l), then the Issuer shall
include in the next Disclosure Information to be delivered hereunder, to the
extent necessary, an explanation of the reasons for the amendment and the
effect of any change in the type of financial information or operating data
provided.
(2) In a timely manner, notice of the occurrence of any of the following
events which is a Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting
financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting
financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure
to perform;
(F) Adverse tax opinions or events affecting the tax-exempt
status of the security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment
of the securities; and
(K) Rating changes.
As used herein, a "Material Fact" is a fact as to which a substantial likelihood
exists that a reasonably prudent investor would attach importance thereto in
deciding to buy, hold or sell a Bond or, if not disclosed, would significantly
alter the total information otherwise available to an investor from the
Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a "Material
Fact" is also an event that would be deemed "material" for purposes of the
purchase, holding or sale of a Bond within the meaning of applicable federal
I~
securities laws, as interpreted at the time of discovery of the occurrence of the
event.
(3) In a timely manner, notice of the occurrence of any of the following
events or conditions:
(A) the failure of the Issuer to provide the Disclosure
Information required under paragraph (b )(1) at the time specified
thereunder;
(B) the amendment or supplementing of this section pursuant
to subsection (d), together with a copy of such amendment or
supplement and any explanation provided by the Issuer under
subsection (d)(2);
(C) the termination of the obligations of the Issuer under this
section pursuant to subsection (d);
(D) any change in the accounting principles pursuant to which
the financial statements constituting a portion of the Disclosure
Information or the audited financial statements, if any, furnished
pursuant to subsection (b )(2) or (3) are prepared; and
(E) any change in the fiscal year of the Issuer.
(c) Manner of Disclosure. The Issuer agrees to make available the
information described in subsection (b) to the following entities by telecopy,
overnight delivery, mail or other means, as appropriate:
(1) the information described in paragraphs (1), (2) and (3)] of
subsection (b), to each then nationally recognized municipal securities
information repository under the Rule and to any state information
depository then designated or operated by the State of Minnesota as
contemplated by the Rule (the State Depository), if any; and
(2) the information described in subsection (b), to any rating agency
then maintaining a rating of the Bonds and, at the expense of such
Bondowner, to any Bondowner who requests in writing such information, at
the time of transmission under paragraphs (1) or (2) of this subsection (c), as
the case may be, or, if such information is transmitted with a subsequent time
of release, at the time such information is to be released.
(d) Term; Amendments; Interpretation.
(1) The covenants of the Issuer in this section shall remain in effect so
long as any Bonds are Outstanding. Notwithstanding the preceding sentence,
however, the obligations of the Issuer under this section shall terminate and
be without further effect as of any date on which the Issuer delivers to the
11
Registrar an opinion of Bond Counsel to the effect that, because of legislative
action or final judicial or administrative actions or proceedings, the failure of
the Issuer to comply with the requirements of this section will not cause
participating underwriters in the primary offering of the Bonds to be in
violation of the Rule or other applicable requirements of the Securities
Exchange Act of 1934, as amended, or any statutes or laws successory thereto
or amendatory thereof.
(2) This section (and the form and requirements of the Disclosure
Information) may be amended or supplemented by the Issuer from time to
time, without notice to (except as provided in paragraph (c)(3) hereof) or the
consent of the Owners of any Bonds, by a resolution of this Council filed in
the office of the recording officer of the Issuer accompanied by an opinion of
Bond Counsel, who may rely on certificates of the Issuer and others and the
opinion may be subject to customary qualifications, to the effect that: (i) such
amendment or supplement (a) is made in connection with a change in
circumstances that arises from a change in law or regulation or a change in
the identity, nature or status of the Issuer or the type of operations conducted
by the Issuer, or (b) is required by, or better complies with, the provisions of
paragraph (b )(5) of the Rule; (ii) this section as so amended or supplemented
would have complied with the requirements of paragraph (b )(5) of the Rule at
the time of the primary offering of the Bonds, giving effect to any change in
circumstances applicable under clause (i) (a) and assuming that the Rule as in
effect and interpreted at the time of the amendment or supplement was in
effect at the time of the primary offering; and (iii) such amendment or
supplement does not materially impair the interests of the Bondowners
under the Rule. If the Disclosure Information is so amended, the Issuer
agrees to provide, contemporaneously with the effectiveness of such
amendment, an explanation of the reasons for the amendment and the effect,
if any, of the change in the type of financial information or operating data
being provided hereunder.
(3) This section is entered into to comply with the continuing
disclosure provisions of the Rule and should be construed so as to satisfy the
requirements of paragraph (b )(5) of the Rule.
Section 7. Certification of Proceedings and Redemption of Refunded
Bonds.
7.01. Registration of Bonds. The Finance Director/Clerk is hereby
authorized and directed to file a certified copy of this resolution with the County
Auditor of Hennepin County and obtain a certificate that the Bonds have been duly
entered upon the County Auditor's bond register and the tax required by law has
been levied.
7.02. Authentication of Transcript. The officers of the Issuer and the
County Auditor are hereby authorized and directed to prepare and furnish to the
Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all
proceedings and records relating to the Bonds and such other affidavits, certificates
and information as may be required to show the facts relating to the legality and
marketability of the Bonds, as the same appear from the books and records in their
custody and control or as otherwise known to them, and all such certified copies,
affidavits and certificates, including any heretofore furnished, shall be deemed
representations of the Issuer as to the correctness of all statements contained
therein.
7.03. Official Statement. The Official Statement relating to the Bonds,
dated April 22, 1997, prepared and distributed by Springsted Incorporated, the
financial consultant for the Issuer, is hereby approved. Springsted Incorporated, is
hereby authorized on behalf of the Issuer to prepare and distribute to the Purchaser
within seven business days from the date hereof, a supplement to the Official
Statement listing the offering price, the interest rates, selling compensation, delivery
date, the underwriters and such other information relating to the Bonds required to
be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the
Securities Exchange Act of 1934. The officers of the Issuer are hereby authorized and
directed to execute such certificates as may be appropriate concerning the accuracy,
completeness and sufficiency of the Official Statement.
7.04. Redemption of Refunded Bonds. The Finance Director/Clerk is
hereby directed to advise Firstar Trust Company, Milwaukee, Wisconsin, as agent
for Firstar Bank of Minnesota, N.A., successor to American Bank National
Association, in St. Paul, Minnesota, as paying agent for the Refunded Bonds, to call
the 1989A Public Building Bonds for redemption and prepayment on their date of
redemption (September 1, 1997) in the form attached hereto; to call the 1989B
Recreational Facility Bonds for redemption and prepayment as specified in the
Escrow Agreement; and to give notices of redemption, all in accordance with the
provisions of the resolutions authorizing the issuance of the Refunded Bonds.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
NOTICE OF REDEMPTION
$2,060,000 General Obligation Public Building Refunding Bonds, Series 1989A
Dated April 1, 1989
City of Eden Prairie, Hennepin County, Minnesota
NOTICE IS HEREBY GIVEN THAT there have been called for redemption and prepayment
on September 1, 1997, all outstanding bonds of the above referenced issue, dated April 1,
1989, maturing March 1 in the following years and having the interest rates and CUSIP
numbers listed below:
*Indicates full call.
Maturity
1998
1999
2000
2001
2002
CUSIP #
*
*
*
*
*
6.90%
6.90
7.00
7.00
7.00
Such Bonds will be redeemed at a price of 100% of their principal amount plus accrued
interest to the date of redemption. Holders of such Bonds should present them for
payment to Firstar Trust Company, Milwaukee, Wisconsin, as agent for Firstar Bank of
Minnesota, N.A., successor to American Bank National Association, St. Paul, Minnesota, at
the address below, on or before said date, when they will cease to bear interest.
It is recommended that you mail your bonds registered or certified mail to guard against
loss.
Firstar Trust Company
Attn: Corporate Trust Services
615 East Michigan Street
Fourth Floor
Milwaukee, Wisconsin 53202
In compliance with the Interest and Dividend Compliance Act of 1983 and Broker
Reporting Requirements, the redeeming institutions are required to withhold 31% of the
principal amount of your holdings redeemed unless they are provided with your social
security number or federal employer identification number, properly certified. This
requirement is fulfilled through the submitting of a W-9 Form, which may be obtained at a
bank or other financial institution.
The Paying Agent shall not be responsible for the selection of or use of the CUSIP number,
nor is any representation made as to its correctness indicated in this Notice of Redemption.
It is included solely for the convenience of the Holders.
Dated: May 6, 1997. FIRSTAR BANK OF MINNESOTA, N.A.
(Successor to American Bank National Association
St. Paul, Minnesota)
~o
COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION AND TAX LEVY
The undersigned, being the duly qualified and acting County Auditor
of Hennepin County, Minnesota, hereby certifies that there has been filed in my
office a certified copy of a resolution duly adopted on May 6, 1997, by the City
Council of the City of Eden Prairie, Minnesota, setting forth the form and details of
an issue of $ ____ General Obligation Refunding Bonds, Series 1997 A, dated
as of June I, 1997, and levying taxes for their payment.
I further certify that the issue has been entered on my bond register and
the tax required by law for their payment has been levied and filed as required by
Minnesota Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal ________ --' 1997.
County Auditor
(SEAL)
J.\
Councilmember introduced the following resolution and moved
its adoption, which motion was seconded by Councilmember ______ _
RESOLUTION PRESCRIBING THE FORM AND DETAILS AND. A f1
PROVIDING FOR THE PAYMENT OF $ ~ t. r,~ Cl1q of tde~l rrOoIYI<
GENERAL OBLIGATION IMPROVEMENT FUNDING BONDS,
SERIES 1997B
BE IT RESOLVED by the City Council of the City of Eden Prairie,
Minnesota (the Issuer), as follows:
Section 1. Authorization and Sale.
1.01. Authorization. By Resolution No. 97-60 duly adopted on April I,
1997, the Issuer authorized the issuance and sale of its General Obligation
Improvement Refunding Bonds, Series 1997B in the approximate principal amount
of $2,865,000, subject to adjustment in accordance with the Terms of Proposal
approved by Resolution No. 97-60 (the Bonds). The proceeds of the Bonds will be
used, together with funds on hand as may be required to refund on February I, 2000,
the 2001 through 2012 maturities, aggregating $2,000,000 in principal amount, of the
$6,050,000 General Obligation Improvement Bonds, Series 1991B, dated September I,
1991 (the Refunded Bonds).
1.02. Sale. Pursuant to the Terms of Proposal and the Official
Statement prepared on behalf of the Issuer by Springsted Incorporated, sealed
proposals for the purchase of the Bonds were received at or before the time specified
for receipt of proposals. The proposals have been opened, publicly read and
considered and the purchase price, interest rates and net interest cost under the
terms of each proposal have been determined. The most favorable proposal
received is that of ______________________ _
of , and associates (the Purchaser). In
accordance with the Terms of Proposal, it is hereby determined to issue the Bonds in
the principal amount of $ at a price of $ plus
accrued interest, and upon the further terms and conditions set forth herein.
1.03. A ward. The sale of the Bonds is hereby awarded to the Purchaser
and the Mayor and Finance Director/Clerk are hereby authorized and directed to
execute a contract on behalf of the Issuer for the sale of the Bonds in accordance with
the terms of the proposal. The good faith deposit of the Purchaser shall be retained
and deposited by the Issuer until the Bonds have been delivered, and shall be
deducted from the purchase price paid at settlement.
1.04. Savings. It is hereby determined that:
(a) by the issuance of the Bonds the Issuer will realize a substantial
interest rate reduction, a gross savings of approximately $ _____ _
and a present value savings (using the yield on the Bonds, computed in
accordance with Section 148 of the Internal Revenue Code of 1986, as
amended (the Code), as the discount factor) of approximately
$ ; and
(b) as of February 1, 2000 (the Crossover Date), the sum of (i) the
present value of the debt service on the Bonds, computed to their stated
maturity dates, after deducting any premium, using the yield of the Bonds as
the discount rate, plus (ii) any expenses of the refunding payable from a
source other than the proceeds of the Bonds or investment earnings thereon,
is lower by % (not less than 3%) than the present value of the debt
service on the Refunded Bonds, computed to their stated maturity dates,
using the yield of the Bonds as the discount rate.
1.05. Supplemental Resolution for Term Bonds. Should the Purchaser
determine that the Bonds be issued in the form of term bonds, this Council shall, by
a separate and supplemental resolution, set forth further terms and provisions as
necessary to provide for the issuance of the term bonds. Should the Purchaser
determine that the Bonds be issued only in the form of serial bonds, no further
resolution of the Board shall be required.
Section 2. Bond Terms; Registration; Execution and Delivery.
2.01. Issuance of Bonds. All acts, conditions and things which are
required by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the valid issuance of the Bonds
having been done, now existing, having happened and having been performed, it is
now necessary for the City Council to establish the form and terms of the Bonds, to
provide security therefor and to issue the Bonds forthwith.
2.02. Maturities; Interest Rates: Denominations and Payment. The
Bonds shall be originally dated as of June 1, 1997, shall be in denominations of $5,000
or any integral multiple thereof, of single maturities, shall mature on February 1 in
the years and amounts stated below, and shall bear interest from date of issue until
paid or duly called for redemption at the annual rates set forth opposite such years
and amounts, as follows:
Year Amount Rate Year Amount Rate
2001 2007
2002 2008
2003 2009
2004 2010
2005 2011
2006 2012
For the purpose of complying with the provisions of Minnesota Statutes, Section
475.54, subdivision I, the maturities of the Bonds shall be combined with the non-
refunded maturities of the Refunded Bonds. The Bonds shall be issuable only in
fully registered form. The interest thereon and, upon surrender of each Bond, the
principal amount thereof, shall be payable by check or draft issued by the Registrar
described herein; provided that, so long as the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof,
principal and interest shall be payable in accordance with the operational
arrangements of the securities depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the
Bonds pursuant to Section 2.07 and upon any subsequent transfer or exchange
pursuant to Section 2.06, the date of authentication shall be noted on each Bond so
delivered, exchanged or transferred. The interest on the Bonds shall be payable on
February 1 and August I, commencing February I, 1998, to the owners of record
thereof as of the close of business on the fifteenth day of the immediately preceding
month, whether or not such day is a business day.
2.04. Redemption. Bonds maturing in 2006 and later years shall be
subject to redemption and prepayment at the option of the Issuer, in whole or in
part, in such order as the Issuer shall determine and within a maturity by lot as
selected by the Registrar (or, if applicable, by the bond depository in accordance with
its customary procedures) in multiples of $5,000, on February I, 2005, and on any
date thereafter, at a price equal to the principal amount thereof and accrued interest
to the date of redemption. The Finance Director/Clerk shall cause notice of the call
for redemption thereof to be published as required by law and, at least thirty days
prior to the deSignated redemption date, shall cause notice of the call for redemption
to be mailed, by first class mail, to the registered owners of any Bonds to be
redeemed at their addresses as they appear on the bond register described in Section
2.06 hereof but no defect in or failure to give such mailed notice of redemption shall
affect the validity of proceedings for the redemption of any Bond not affected by
such defect or failure; provided that notice shall be given to any securities depository
in accordance with its operational arrangements. Official notice of redemption
having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed
shall, on the redemption date, become due and payable at the redemption price
therein specified, and from and after such date (unless the Issuer shall default in the
payment of the redemption price) such Bonds or portions of Bonds shall cease to
bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be
delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
2.05. Appointment of Initial Registrar. The Issuer hereby appoints
in ______ -', Minnesota, as the initial bond registrar, transfer agent and
paying agent (the Registrar). The Mayor and the Finance Director/Clerk are
authorized to execute and deliver, on behalf of the Issuer, a contract with the
Registrar. Upon merger or consolidation of the Registrar with another corporation,
if the resulting corporation is a bank or trust company authorized by law to conduct
such business, such corporation shall be authorized to act as successor Registrar.
The Issuer agrees to pay the reasonable and customary charges of the Registrar for
the services performed. The Issuer reserves the right to remove the Registrar upon
thirty (30) days notice and upon the appointment of a successor Registrar, in which
event the predecessor Registrar shall deliver all cash and Bonds in its possession to
the successor Registrar and shall deliver the bond register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties
of the Issuer and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust
office a bond register in which the Registrar shall provide for the registration
of ownership of Bonds and the registration of transfers and exchanges of
Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly
endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by
the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar shall authenticate and deliver, in
the name of the designated transferee or transferees, one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of
any transfer after the fifteenth day of the month preceding each interest
payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bonds are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver
one or more new Bonds of a like aggregate principal amount and maturity, as
requested by the registered owner or the owner's attorney in writing.
(d) Cancellation. All Bonds surrendered upon any transfer or
exchange shall be promptly canceled by the Registrar and thereafter disposed
of as directed by the Issuer.
(e) Improper or Unauthorized Transfer. When any Bond is presented
to the Registrar for transfer, the Registrar may refuse to transfer the same
until it is satisfied that the endorsement on such Bond or separate instrument
of transfer is valid and genuine and that the requested transfer is legally
authorized. The Registrar shall incur no liability for the refusal, in good faith,
to make transfers which it, in its judgment, deems improper or
una uthorized.
(f) Persons Deemed Owners. The Issuer and the Registrar may treat
the person in whose name any Bond is at any time registered in the bond
register as the absolute owner of the Bond, whether the Bond shall be
overdue or not, for the purpose of receiving payment of or on account of, the
principal of and interest on the Bond and for all other purposes; and all
payments made to any registered owner or upon the owner's order shall be
valid and effectual to satisfy and discharge the liability upon Bond to the
extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid
with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a
new Bond of like amount, number, maturity date and tenor in exchange and
substitution for and upon cancellation of any such mutilated Bond or in lieu
of and in substitution for any Bond destroyed, stolen or lost, upon the
payment of the reasonable expenses and charges of the Registrar in
connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing
to the Registrar of an appropriate bond or indemnity in form, substance and
amount satisfactory to it, in which both the Issuer and the Registrar shall be
named as obligees. All Bonds so surrendered to the Registrar shall be
canceled by it and evidence of such cancellation shall be given to the Issuer. If
the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to
issue a new Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated
authenticating agent for the Bonds, within the meaning of Minnesota
Statutes, Section 475.55, Subdivision 1, as amended.
2.07. Execution, Authentication and Delivery. The Bonds shall be
prepared under the direction of the Finance Director/Clerk and shall be executed on
behalf of the Issuer by the signatures of the Mayor and the Finance Director/Clerk,
provided that the signatures may be printed, engraved or lithographed facsimiles of
the originals. In case any officer whose signature or a facsimile of whose signature
shall appear on the Bonds shall cease to be su~h officer before the delivery of any
Bond, such signature or facsimile shall nevertheless be valid and sufficient for all
purposes, the same as if he had remained in office until delivery. Notwithstanding
such execution, no Bond shall be valid or obligatory for any purpose or entitled to
any security or benefit under this Resolution unless and until a certificate of
authentication on the Bond has been duly executed by the manual signature of an
authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed
certificate of authentication on each Bond shall be conclusive evidence that it has
been authenticated and delivered under this Resolution. When the Bonds have
been prepared, executed and authenticated, the Finance Director/Clerk shall deliver
them to the Purchaser upon payment of the purchase price in accordance with the
contract of sale heretofore executed, and the Purchaser shall not be obligated to see to
the application of the purchase price.
2.08. Securities Depository. (a) For purposes of this section the
following terms shall have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond,
the person in whose name such Bond is recorded as the beneficial owner of such
Bond by a Participant on the records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York, New
York.
"Participant" shall mean any broker-dealer, bank or other financial
institution for which DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant
to which the Issuer agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully
registered bonds, and one Bond shall be issued in the principal amount of each
stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds
shall be registered in the bond register in the name of Cede & Co., as nominee of
DTC. The Registrar and the Issuer may treat DTC (or its nominee) as the sole and
exclusive owner of the Bonds registered in its name for the purposes of payment of
the principal of or interest on the Bonds, selecting the Bonds or portions thereof to
be redeemed, if any, giving any notice permitted or required to be given to registered
owners of Bonds under this resolution, registering the transfer of Bonds, and for all
other purposes whatsoever; and neither the Registrar nor the Issuer shall be affected
by any notice to the contrary. Neither the Registrar nor the Issuer shall have any
responsibility or obligation to any Participant, any person claiming a beneficial
ownership interest in the Bonds under or through DTC or any Participant, or any
other person which is not shown on the bond register as being a registered owner of
any Bonds, with respect to the accuracy of any records maintained by DTe or any
Participant, with respect to the payment by DTC or any Participant of any amount
with respect to the principal of or interest on the Bonds, with respect to any notice
which is permitted or required to be given to owners of Bonds under this
resolution, with respect to the selection by DTC or any Participant of any person to
receive payment in the event of a partial redemption of the Bonds, or with respect
to any consent given or other action taken by DTe as registered owner of the Bonds.
So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the
Registrar shall pay all principal of and interest on such Bond, and shall give all
notices with respect to such Bond, only to Cede & Co. in accordance with DTC's
Operational Arrangements, and all such payments shall be valid and effective to
fully satisfy and discharge the Issuer's obligations with respect to the principal of and
interest on the Bonds to the extent of the sum or sums so paid. No person other
than DTC shall receive an authenticated Bond for each separate stated maturity
evidencing the obligation of the Issuer to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTe has
determined to substitute a new nominee in place of Cede & Co., the Bonds will be
transferable to such new nominee in accordance with paragraph (e) hereof.
(c) In the event the Issuer determines that it is in the best interest of
the Beneficial Owners that they be able to obtain Bonds in the form of bond
certificates, the Issuer may notify DTC and the Registrar, whereupon DTC shall
notify the Participants of the availability through DTe of Bonds in the form of
certificates. In such event, the Bonds will be transferable in accordance with
paragraph (e) hereof. DTC may determine to discontinue providing its services with
respect to the Bonds at any time by giving notice to the Issuer and the Registrar and
discharging its responsibilities with respect thereto under applicable law. In such
event the Bonds will be transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC by
the Mayor or Finance Director/Clerk is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted
under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished
upon receipt by the Registrar of the Bonds to be transferred or exchanged and
appropriate instruments of transfer to the permitted transferee in accordance with
the provisions of this resolution. In the event Bonds in the form of certificates are
issued to owners other than Cede & Co., its successor as nominee for DTC as owner
of all the Bonds, or another securities depository as owner of all the Bonds, the
provisions of this resolution shall also apply to all matters relating thereto,
including, without limitation, the printing of such Bonds in the form of bond
certificates and the method of payment of principal of and interest on such Bonds in
the form of bond certificates.
2.09. Form of Bonds. The Bonds shall be prepared in substantially the
following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
HENNEPIN COUNTY
CITY OF EDEN PRAIRIE
GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 1997B
Interest Rate Maturity Date Date of Original Issue CUSIP No.
June I, 1997
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Eden Prairie, County of Hennepin, State of Minnesota (the Issuer)
acknowledges itself to be indebted and for value received hereby promises to pay to
the registered owner specified above, or registered assigns, the principal amount
specified above on the maturity date specified above, with interest thereon from the
date hereof at the annual rate specified above, payable on February 1 and August 1 in
each year, commencing February 1, 1998, to the person in whose name this Bond is
registered at the close of business on the fifteenth day (whether or not a business
day) of the immediately preceding month, all subject to the provisions referred to
herein with respect to the redemption of the principal of this Bond prior to its stated
maturity. Interest hereon shall be computed on the basis of a 360-day year
composed of twelve 30-day months. The interest hereon and, upon presentation
and surrender hereof, the principal hereof are payable in lawful money of the
United States of America by check or draft by , in
___ -I' Minnesota, as Bond Registrar and Paying Agent, or its designated
successor under the Resolution described herein (the Registrar). For the prompt and
full payment of such principal and interest as the same respectively become due, the
full faith and credit and taxing powers of the Issuer have been and are hereby
irrevocably pledged.
This Bond is one of an issue in the aggregate principal amount of
$ issued pursuant to a resolution adopted by the City Council on May 6,
1997 (the Resolution), to provide funds to refund certain outstanding general
obligation Bonds of the Issuer and is issued pursuant to and in full conformity with
the Constitution and laws of the State of Minnesota thereunto enabling, including
Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in fully
registered form, in denominations of $5,000 or any integral multiple thereof, of
single maturities.
Bonds having stated maturity dates in 2006 and later years are each subject to
redemption and prepayment at the option of the Issuer, in whole or in part, in such
order as the Issuer shall determine and, within a maturity, by lot as selected by the
Registrar (or, if applicable, by the bond depository in accordance with its customary
procedures) in multiples of $5,000, on February 1, 2005, and on any date thereafter, at
a price equal to the principal amount thereof plus interest accrued to the date of
redemption. The Issuer will cause notice of the call for redemption to be published
as required by law and, at least thirty days prior to the designated redemption date,
will cause notice of the call thereof to be mailed by first class mail (or, if applicable,
provided in accordance with the operational arrangements of the bond depository)
to the registered owner of any Bond to be redeemed at the owner's address as it
appears on the bond register maintained by the Registrar, but no defect in or failure
to give such mailed notice of redemption shall affect the validity of proceedings for
the redemption of any Bond not affected by such defect or failure. Official notice of
redemption having been given as aforesaid, the Bonds or portions of Bonds so to be
redeemed shall, on the redemption date, become due and payable at the redemption
price therein specified, and from and after such date (unless the Issuer shall default
in the payment of the redemption price) such Bonds or portions of Bonds shall cease
to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be
delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
As provided in the Resolution and subject to certain limitations set forth
therein, this Bond is transferable upon the books of the Issuer at the principal office
of the Registrar, by the registered owner hereof in person or by the owner's attorney
duly authorized in writing upon surrender hereof together with a written
instrument of transfer satisfactory to the Registrar, duly executed by the registered
owner or the owner's attorney; and may also be surrendered in exchange for Bonds
of other authorized denominations. Upon such transfer or exchange the Issuer will
cause a new Bond or Bonds to be issued in the name of the transferee or registered
owner, of the same aggregate principal amount, bearing interest at the same rate and
maturing on the same date, subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to such transfer or exchange.
The Bonds have been designated by the Issuer as "qualified tax-exempt
obligations" pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986.
Notwithstanding any other provisions of this Bond, so long as this Bond is
registered in the name of Cede & Co., as nominee of The Depository Trust
30
Company, or in the name of any other nominee of The Depository Trust Company
or other securities depository, the Registrar shall pay all principal of and interest on
this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or
other nominee in accordance with the operational arrangements of The Depository
Trust Company or other securities depository as agreed to by the Issuer.
The Issuer and the Registrar may deem and treat the person in whose name
this Bond is registered as the absolute owner hereof, whether this Bond is overdue
or not, for the purpose of receiving payment and for all other purposes, and neither
the Issuer nor the Registrar shall be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all
acts, conditions and things required by the Constitution and laws of the State of
Minnesota to be done, to exist, to happen and to be performed preliminary to and in
the issuance of this Bond in order to make it a valid and binding general obligation
of the Issuer in accordance with its terms, have been done, do exist, have happened
and have been performed as so required; that the Bonds are payable from a separate
debt redemption fund of the Issuer and from certain investment earnings on the
proceeds of the Bonds, special assessments levied upon property specially benefitted
by the local improvements refinanced by the Bonds and ad valorem taxes on all
taxable property in the Issuer, which will be collectible in the years and in amounts
sufficient to produce sums not less than five percent in excess of the principal of and
interest on the Bonds when due and has appropriated such investment earnings,
special assessments and taxes to its General Obligation Improvement Refunding
Bonds, Series 1997B Bond Fund for the payment of such principal and interest; that
if necessary for payment of such principal and interest, additional ad valorem taxes
are required to be levied upon all taxable property in the Issuer, without limitation
as to rate or amount; that the issuance of this Bond, together with all other
indebtedness of the Issuer outstanding on the date hereof and on the date of its
actual issuance and delivery, does not cause the indebtedness of the Issuer to exceed
any constitutional or statutory limitation of indebtedness; and that the opinion
printed hereon is a full, true and correct copy of the legal opinion given by Bond
Counsel with reference to the Bonds, dated as of the date of original issuance and
delivery of the Bonds.
This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security or benefit under the Resolution until the Certificate of
Authentication hereon shall have been executed by the Registrar by manual
signature of one of its authorized representatives.
IN WITNESS WHEREOF, the Issuer, by its City Council, has caused this Bond
to be executed on its behalf by the facsimile signatures of the Mayor and Finance
Director/Clerk and has caused this Bond to be dated as of the date set forth below.
CITY OF EDEN PRAIRIE, MINNESOTA
(facsimile signature Finance Director I Clerk) (facsimile signature Mayor)
CERTIFICATE OF AUTHENTICATION
Dated
This is one of the Bonds delivered pursuant to the Resolution mentioned
within.
_____ -J' as Registrar
By
Authorized Representative
[Insert Legal Opinion]
The following abbreviations, when used in the inscription on the face of this Bond,
shall be construed as though they were written out in full according to the applicable
laws or regulations:
TEN COM --as tenants in common UTMA ........................... as Custodian for ............ .
(Cust) (Minor)
under Uniform Transfers to Minors Act ..........
TEN ENT --as tenants by the entireties (State)
JT TEN --as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
_________ the within Bond and all rights thereunder, and does
hereby irrevocably constitute and appoint attorney to
transfer the said Bond on the books kept for registration of the within Bond, with
full power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this
assignment must correspond with the name as it
appears upon the face of the within Bond in every
Signature Guaranteed:
particular, without alteration or enlargement or
any change whatsoever.
Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the
requirements of the Registrar, which requirements include membership or
participation in STAMP or such other "signature guaranty program" as may be
determined by the Registrar in addition to or in substitution for STAMP, all in
accordance with the Securities Exchange Act of 1934, as amended.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[End of the Bond form]
Section 3. Use of Proceeds. Upon payment for the Bonds by the
Purchaser, the Finance Director/Clerk shall deposit and apply the proceeds of the
Bonds as follows: (a) $ shall be deposited in escrow with ____________________________________ ~, in ____________________ ~
Minnesota (the Escrow Agent), a banking institution whose deposits are insured by
the Federal Deposit Insurance Corporation and whose combined capital and surplus
is not less than $500,000, the funds so deposited, together with funds of the Issuer in
such amount as may be required, to be invested in securities authorized for such
purpose by Minnesota Statutes, Section 475.67, subdivision 8, maturing on such
dates and bearing interest at such rates as are required to provide funds sufficient,
with cash retained in the escrow account, to pay all interest to become due on the
Refunding Bonds to and including the Crossover Date and to pay and redeem the
outstanding principal of the Refunded Bonds on the Crossover Date; (b)
$ shall be used to pay issuance expenses of the Bonds; and (c)
$ shall be deposited in the Bond Fund created pursuant to Section
4.01 hereof. The Mayor and Finance Director/Clerk are hereby authorized to enter
into an Escrow Agreement with the Escrow Agent establishing the terms and
conditions for the escrow account in accordance with Minnesota Statutes, Section
475.67.
Section 4. Bond Fund and Tax Levy.
4.01. General Obligation Improvement Refunding Bonds, Series 1997B
Bond Fund. The Bonds shall be payable from a separate General Obligation
Improvement Refunding Bonds, Series 1997B Bond Fund (the Bond Fund) which
shall be created and maintained on the books of the Issuer as a separate debt
redemption fund until the Bonds, and all interest thereon, are fully paid. There
shall be credited to the Bond Fund (i) all receipts of principal and interest on the
investments held in the escrow account established in Section 3 to and including
the Crossover Date (other than the sum of $ received from
maturing investments on the Crossover Date to be used to retire the Refunded
Bonds); (ii) all amounts on deposit in the Bond Fund maintained for the payment of
the Refunded Bonds upon the retirement of the Refunded Bonds and all future
collections of special assessments received with respect to the improvements
financed or refinanced by the Refunded Bonds; (iii) any ad valorem taxes collected
in accordance with the provisions of Section 4.02 hereof; and (iv) any other funds
appropriated by the City Council for the payment of the Bonds.
There are hereby established two accounts in the Bond Fund,
designated as the Debt Service Account and the Surplus Account. During each Bond
Year (i.e., each twelve month period commencing on February 2 and ending on the
following February 1), as monies are received into the Bond Fund, the Finance
Director/Clerk shall first deposit such monies into the Debt Service Account until
an amount has been appropriated thereto sufficient to pay all principal and interest
due on the Bonds through the end of the Bond Year. All subsequent monies
received in the Bond Fund during the Bond Year shall be appropriated to the
Surplus Account. If at any time the amount on hand in the Debt Service Account is
insufficient for the payment of principal and interest then due, the Finance
Director/Clerk shall transfer to the Debt Service Account amounts on hand in the
Surplus Account to the extent necessary to cure such deficiency. Investment
earnings (and losses) on amounts from time to time held in the Debt Service
Account and Surplus Account shall be credited or charged to said accounts.
If the aggregate balance in the Bond Fund is at any time insufficient to
pay all interest and principal then due on all Bonds payable therefrom, the payment
shall be made from any fund of the Issuer which is available for that purpose,
subject to reimbursement from the Surplus Account in the Bond Fund when the
balance therein is sufficient, and the City Council covenants and agrees that it will
each year levy a sufficient amount of ad valorem taxes to take care of any
accumulated or anticipated deficiency, which levy is not subject to any
constitutional or statutory limitation.
4.02. Pledge of Taxing Powers. For the prompt and full payment of the
principal of and interest on the Bonds as such payments respectively become due,
the Issuer hereby irrevocably pledges its full faith, credit and unlimited taxing
powers. In order to produce aggregate amounts which, together with the collections
of special assessments and other amounts as set forth in Section 4.01, will produce
amounts not less than 5% in excess of the amounts needed to meet when ~ue the
principal and interest payments on the Bonds, ad valorem taxes are hereby levied
on all taxable property in the Issuer. The taxes will be levied and collected in the
following years and amounts:
Levy Years Collection Years Amount
1999-2010 2000-2011 (see attached levy computation)
Section 5. Defeasance. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this
Resolution to the registered owners of the Bonds shall cease. The Issuer may
discharge its obligations with respect to any Bonds which are due on any date by
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof
in full with interest accrued from the due date to the date of such deposit. The
Issuer may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by
depositing with the Registrar on or before that date a sum sufficient for the payment
thereof in full, provided that notice of redemption thereof has been duly given as
provided in Section 2.04. The Issuer may also at any time discharge its obligations
with respect to any Bonds, subject to the provisions of law now or hereafter
authorizing and regulating such action, by depositing irrevocably in escrow, with a
bank qualified by law as an escrow agent for this purpose, cash or securities which
are authorized by law to be so deposited, bearing interest payable at such time and at
such rates and maturing or callable at the holder's option on such dates as shall be
required to pay all principal and interest to become due thereon to maturity or
earlier designated redemption date.
Section 6. Tax Covenants: Arbitrage Matters and Continuing
Disclosure.
6.01. General Tax Covenant. The Issuer covenants and agrees with the
registered owners from time to time of the Bonds that it will not take, or permit to
be taken by any of its officers, employees or agents, any actions that would cause
interest on the Bonds to become includable in gross income of the recipient under
the Internal Revenue Code of 1986, as amended (the Code) and applicable Treasury
Regulations (the Regulations), and covenants to take any and all actions within its
powers to ensure that the interest on the Bonds will not become includable in gross
income of the recipient under the Code and the Regulations.
6.02. Certification. The Mayor and Finance Director/Clerk being the
officers of the Issuer charged with the responsibility for issuing the Bonds pursuant
to this Resolution, are authorized and directed to execute and deliver to the
Purchaser a certificate in accordance with the provisions of Section 148 of the Code,
and applicable Regulations, stating the facts, estimates and circumstances in
existence on the date of issue and delivery of the Bonds which make it reasonable to
expect that the proceeds of the Bonds will not be used in a manner that would cause
the Bonds to be "arbitrage bonds" within the meaning of the Code and Regulations.
6.03. Arbitrage Rebate. The Issuer acknowledges that the Bonds are
subject to the rebate requirements of Section 148(f) of the Code. The Issuer
covenants and agrees to retain such records, make such determinations, file such
reports and documents and pay such amounts at such times as are required under
said Section 148(f) and applicable Regulations to preserve the exclusion of interest
on the Bonds from gross income for federal income tax purposes.
6.04. Qualified Tax-Exempt Obligations. The City Council hereby
deSignates the Bonds as "qualified tax-exempt obligations" for purposes of Section
265(b )(3) of the Code relating to the disallowance of interest expense for financial
institutions, and hereby finds that the reasonably anticipated amount of qualified
tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which
will be issued by the Issuer and all subordinate entities during calendar year 1997
does not exceed $10,000,000.
6.05. Continuing Disclosure. (a) Purpose and Beneficiaries. To
provide for the public availability of certain information relating to the Bonds and
the security therefor and to permit the original purchaser and other participating
underwriters in the primary offering of the Bonds to comply with amendments to
Rule 15c2-12 promulgated by the Securities and Exchange Commission (the SEC)
under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to
continuing disclosure (as in effect and interpreted from time to time, the Rule),
which will enhance the marketability of the Bonds, the Issuer hereby makes the
following covenants and agreements for the benefit of the Owners (as hereinafter
defined) from time to time of the Outstanding Bonds. The Issuer is the only
"obligated person" in respect of the Bonds within the meaning of the Rule for
purposes of identifying the entities in respect of which continuing disclosure must
be made. If the Issuer fails to comply with any provisions of this section, any person
aggrieved thereby, including the Owners of any Outstanding Bonds, may take
whatever action at law or in equity may appear necessary or appropriate to enforce
performance and observance of any agreement or covenant contained in this
section, including an action for a writ of mandamus or specific performance. Direct,
indirect, consequential and punitive damages shall not be recoverable for any
default hereunder to the extent permitted by law. Notwithstanding anything to the
contrary contained herein, in no event shall a default under this section constitute a
default under the Bonds or under any other provision of this resolution. As used in
this section, "Owner" or "Bondowner" means, in respect of a Bond, the registered
owner or owners thereof appearing in the bond register maintained by the Registrar
or any "Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner
provides to the Registrar evidence of such beneficial ownership in form and
substance reasonably satisfactory to the Registrar. As used herein, "Beneficial
Owner" means, in respect of a Bond, any person or entity which (i) has the power,
directly or indirectly, to vote or consent with respect to, or to dispose of ownership
of, such Bond (including persons or entities holding Bonds through nominees,
depositories or other intermediaries), or (ii) is treated as the owner of the Bond for
federal income tax purposes.
(b) Information To Be Disclosed. The Issuer will provide, in the
manner set forth in subsection (c) hereof, either directly or indirectly through an
agent designated by the Issuer, the following information at the following times:
(1) on or before 365 days after the end of each fiscal year of the Issuer,
commencing with the fiscal year ending June 3D, 1997, the following financial
information and operating data in respect of the Issuer (the Disclosure
Information):
(A) the audited financial statements of the Issuer for such fiscal
year, accompanied by the audit report and opinion of the accountant or
government auditor relating thereto, as permitted or required by the
laws of the State of Minnesota, containing balance sheets as of the end
of such fiscal year and a statement of operations, changes in fund
balances and cash flows for the fiscal year then ended, showing in
comparative form such figures for the preceding fiscal year of the
Issuer, prepared in accordance with generally accepted accounting
principles promulgated by the Financial Accounting Standards Board
as modified in accordance with the governmental accounting standards
promulgated by the Governmental Accounting Standards Board or as
otherwise provided under Minnesota law, as in effect from time to
time, or, if and to the extent such financial statements have not been
prepared in accordance with such generally accepted accounting
principles for reasons beyond the reasonable control of the Issuer,
noting the discrepancies therefrom and the effect thereof, and certified
as to accuracy and completeness in all material respects by the fiscal
officer of the Issuer; and
(B) To the extent not included in the financial statements
referred to in paragraph (A) hereof, the information for such fiscal year
or for the period most recently available of the type contained in the
Official Statement under headings: City Property Values, City
Indebtedness; City Tax Rates, Levies and Collections; Funds on Hand;
and City Investments, which information may be unaudited.
Notwithstanding the foregoing paragraph, if the audited financial statements
are not available by the date specified, the Issuer shall provide on or before
such date unaudited financial statements in the format required for the
31
audited financial statements as part of the Disclosure Information and, within
10 days after the receipt thereof, the Issuer shall provide the audited financial
statements. Any or all of the Disclosure Information may be incorporated by
reference, if it is updated as required hereby, from other documents, including
official stat.ements, which have been submitted to each of the repositories
hereinafter referred to under subsection (b) or the SEC. If the document
incorporated by reference is a final official statement, it must be available
from the Municipal Securities Rulemaking Board. The Issuer shall clearly
identify in the Disclosure Information each document so incorporated by
reference. If any part of the Disclosure Information can no longer be
generated because the operations of the Issuer have materially changed or
been discontinued, such Disclosure Information need no longer be provided
if the Issuer includes in the Disclosure Information a statement to such effect;
provided, however, if such operations have been replaced by other Issuer
operations in respect of which data is not included in the Disclosure
Information and the Issuer determines that certain specified data regarding
such replacement operations would be a Material Fact (as defined in
paragraph (3) hereof), then, from and after such determination, the Disclosure
Information shall include such additional specified data regarding the
replacement operations. If the Disclosure Information is changed or this
section is amended as permitted by this paragraph (b)(I), then the Issuer shall
include in the next Disclosure Information to be delivered hereunder, to the
extent necessary, an explanation of the reasons for the amendment and the
effect of any change in the type of financial information or operating data
provided.
(2) In a timely manner, notice of the occurrence of any of the following
events which is a Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults;
(C) Unscheduled draws on debt service reserves reflecting
financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting
financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure
to perform;
(F) Adverse tax opinions or events affecting the tax-exempt
status of the security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment
of the securities; and
(K) Rating changes.
As used herein, a "Material Fact" is a fact as to which a substantial likelihood
exists that a reasonably prudent investor would attach importance thereto in
deciding to buy, hold or sell a Bond or, if not disclosed, would significantly
alter the total information otherwise available to an investor from the
Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a "Material
Fact" is also an event that would be deemed "material" for purposes of the
purchase, holding or sale of a Bond within the meaning of applicable federal
securities laws, as interpreted at the time of discovery of the occurrence of the
event.
(3) In a timely manner, notice of the occurrence of any of the following
events or conditions:
(A) the failure of the Issuer to provide the Disclosure
Information required under paragraph (b)(l) at the time specified
thereunder;
(B) the amendment or supplementing of this section pursuant
to subsection (d), together with a copy of such amendment or
supplement and any explanation provided by the Issuer under
subsection (d)(2);
(C) the termination of the obligations of the Issuer under this
section pursuant to subsection (d);
(D) any change in the accounting principles pursuant to which
the financial statements constituting a portion of the Disclosure
Information or the audited financial statements, if any, furnished
pursuant to subsection (b)(2) or (3) are prepared; and
(E) any change in the fiscal year of the Issuer.
(c) Manner of Disclosure. The Issuer agrees to make available the
information described in subsection (b) to the following entities by telecopy,
overnight delivery, mail or other means, as appropriate:
(1) the information described in paragraphs (I), (2) and (3)] of
subsection (b), to each then nationally recognized municipal securities
information repository under the Rule and to any state information
depository then designated or operated by the State of Minnesota as
contemplated by the Rule (the State Depository), if any; and
(2) the information described in subsection (b), to any rating agency
then maintaining a rating of the Bonds and, at the expense of such
Bondowner, to any Bondowner who requests in writing such information, at
the time of transmission under paragraphs (1) or (2) of this subsection (c), as
the case may be, or, if such information is transmitted with a subsequent time
of release, at the time such information is to be released.
(d) Term: Amendments: Interpretation.
(1) The covenants of the Issuer in this section shall remain in effect so
long as any Bonds are Outstanding. Notwithstanding the preceding sentence,
however, the obligations of the Issuer under this section shall terminate and
be without further effect as of any date on which the Issuer delivers to the
Registrar an opinion of Bond Counsel to the effect that, because of legislative
action or final judicial or administrative actions or proceedings, the failure of
the Issuer to comply with the requirements of this section will not cause
participating underwriters in the primary offering of the Bonds to be in
violation of the Rule or other applicable requirements of the Securities
Exchange Act of 1934, as amended, or any statutes or laws successory thereto
or amendatory thereof.
(2) This section (and the form and requirements of the Disclosure
Information) may be amended or supplemented by the Issuer from time to
time, without notice to (except as provided in paragraph (c)(3) hereof) or the
consent of the Owners of any Bonds, by a resolution of this Council filed in
the office of the recording officer of the Issuer accompanied by an opinion of
Bond Counsel, who may rely on certificates of the Issuer and others and the
opinion may be subject to customary qualifications, to the effect that: (i) such
amendment or supplement (a) is made in connection with a change in
circumstances that arises from a change in law or regulation or a change in
the identity, nature or status of the Issuer or the type of operations conducted
by the Issuer, or (b) is required by, or better complies with, the provisions of
paragraph (b )(5) of the Rule; (ii) this section as so amended or supplemented
would have complied with the requirements of paragraph (b)(5) of the Rule at
the time of the primary offering of the Bonds, giving effect to any change in
circumstances applicable under clause (i) (a) and assuming that the Rule as in
effect and interpreted at the time of the amendment or supplement was in
effect at the time of the primary offering; and (iii) such amendment or
supplement does not materially impair the interests of the Bondowners
under the Rule. If the Disclosure Information is so amended, the Issuer
agrees to provide, contemporaneously with the effectiveness of such
amendment, an explanation of the reasons for the amendment and the effect,
if any, of the change in the type of financial information or operating data
being provided hereunder.
40
(3) This section is entered into to comply with the continuing
disclosure provisions of the Rule and should be construed so as to satisfy the
requirements of paragraph (b )(5) of the Rule.
Section 7. Certification of Proceedings and Redemption of Refunded
Bonds.
7.01. Registration of Bonds. The Finance Director /Clerk is hereby
authorized and directed to file a certified copy of this resolution with the County
Auditor of Hennepin County and obtain a certificate that the Bonds have been duly
entered upon the County Auditor's bond register and the tax required by law has
been levied.
7.02. Authentication of Transcript. The officers of the Issuer and the
County Auditor are hereby authorized and directed to prepare and furnish to the
Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all
proceedings and records relating to the Bonds and such other affidavits, certificates
and information as may be required to show the facts relating to the legality and
marketability of the Bonds, as the same appear from the books and records in their
custody and control or as otherwise known to them, and all such certified copies,
affidavits and certificates, including any heretofore furnished, shall be deemed
representations of the Issuer as to the correctness of all statements contained
therein.
7.03. Official Statement. The Official Statement relating to the Bonds,
dated April 22, 1997, prepared and distributed by Springsted Incorporated, the
financial consultant for the Issuer, is hereby approved. Springsted Incorporated, is
hereby authorized on behalf of the Issuer to prepare and distribute to the Purchaser
within seven business days from the date hereof, a supplement to the Official
Statement listing the offering price, the interest rates, selling compensation, delivery
date, the underwriters and such other information relating to the Bonds required to
be included in the Official Statement by Rule l5c2-12 adopted by the SEC under the
Securities Exchange Act of 1934. The officers of the Issuer are hereby authorized and
directed to execute such certificates as may be appropriate concerning the accuracy,
completeness and sufficiency of the Official Statement.
4\
7.04. Redemption of Refunded Bonds. The Finance Director/Clerk is
hereby directed to advise Norwest Bank Minnesota National Association, in
Minneapolis, Minnesota, as paying agent for the Refunded Bonds, to call the
Refunded Bonds for redemption and prepayment on their earliest permissible
redemption date (February I, 2000) and to give notice of redemption in accordance
with the resolution authorizing issuance of the Refunded Bonds.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION AND TAX LEVY
The undersigned, being the duly qualified and acting County Auditor
of Hennepin County, Minnesota, hereby certifies that there has been filed in my
office a certified copy of a resolution duly adopted on May 6, 1997, by the City
Council of the City of Eden Prairie, Minnesota, setting forth the form and details of
an issue of $, ____ General Obligation Improvement Refunding Bonds,
Series 1997B, dated as of June I, 1997, and levying taxes for their payment.
I further certify that the issue has been entered on my bond register and
the tax required by law for their payment has been levied and filed as required by
Minnesota Statutes, Sections 475.61 to 475.63.
WITNESS my hand and official seal ________ -' 1997.
County Auditor
(SEAL)
43
Councilmember introduced the following resolution and moved
its adoption, which motion was seconded by Councilmember ______ _
SUPPLEMENTAL RESOLUTION RELATING TO $atf'~; 6. ~ C/irtof fiktI HdA{'.lL
GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES
1997B TERM BONDS -
BE IT RESOLVED by the City Council of the City of Eden Prairie,
Minnesota (the Issuer), as follows:
Section 1. By resolution duly adopted on the date hereof, entitled
"RESOLUTION PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $ GENERAL OBLIGATION IMPROVEMENT
REFUNDING BONDS, SERIES 1997B" (the Awarding Resolution) this Council
awarded the sale of such Bonds to the Purchaser, as shown in the Awarding
Resolution. In accordance with the Terms of Proposal, the Purchaser was allowed
the option of designating a maturity schedule consisting of serial and/or term
bonds, subject to mandatory redemption. The Purchaser has offered to purchase the
Bonds based on a maturity schedule including term bonds subject to mandatory
redemption, and the Council has accepted such bid. The Mayor and Finance
Director /Clerk have executed a contract on behalf of the Issuer for the sale of the
Bonds to the Purchaser.
Section 2. The following modifications to the Awarding Resolution
are necessary:
(A) The maturity schedule set forth in Section 2.02 shall be revised to
read as follows:
Amount Amount
(B) A new paragraph shall be added to Section 2.04, reading as follows:
Bonds maturing on February I, ' shall be subject to mandatory
redemption prior to maturity from amounts then credited to the Bond Fund
credited under Section 4.01 hereof at a redemption price equal to the stated
principal amount thereof plus interest accrued thereon to the redemption
date, without premium. The Registrar shall select for redemption, by lot or
other manner deemed fair, on February 1 in each of the following years such
Bonds in the following stated principal amounts:
Principal Amount
$
The remaining $ ______ stated principal amount shall be paid at
maturity on February I, __
(C) Section 2.09 is modified by adding the following language to the
Form of Bond following the paragraph beginning with the words "Bonds having
stated maturity dates in 2006 ... " and ending with the words " ... representing the
remaining principal amount outstanding.":
Bonds maturing on February I, ' shall be subject to mandatory
redemption prior to maturity by lot on February 1 in the following years and
in the following principal amounts, at a redemption price equal to the stated
principal amount thereof to be redeemed plus interest accrued thereon to the
redemption date, without premium:
Principal Amount
Section 3. Such modifications to the Awarding Resolution are hereby
approved. Except as expressly modified hereby, the Awarding Resolution shall
remain in full force and effect.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
UNAPPROVED MINUTES
CITY CQUNCILISTAFF WORKSHOP MEETING
TUESDAY, APRIL 15, 1997
COUNCILMEMBERS:
CITY STAFF:
ROLLCALL
Council member Thorfinnson was absent.
6:30 PM, HERITAGE ROOM IV
8080 Mitchell Road
Mayor Jean Harris, Sherry Butcher-Younghans,
Ronald Case, Ross Thorrmnson, Jr. and Nancy
Tyra-Lukens
City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Public Works
Gene Dietz, City Engineer AI Gray, Chief of Police
Jim Clark, Street Division Foreman Tom Tesch,
Street Division Larry Doig, Assistant Fire Chief
Chuck Schaitberger, and Council Recorder Jan
Nelson
I. CALL TO ORDER -MAYOR HARRIS
Mayor Harris called the meeting to order at 6:40 p.m.
II. mSCUSSION ON STREET INTERCONNECTIONS
Dietz said, as a result of the issues that came about concerning the extension of Forest Hills
Road, the Council asked Staff to determine what streets we have in the City that are "dead
end" streets and to make recommendations about what should be done to promote
connections for those streets as development continues. He distributed copies of a list of the
dead end streets in the City that was compiled by Larry Doig of the Street Division. He said
Staff then put together the recommended action, priority and comments for each of the
streets. Shaded items had action taken in 1996, and items with an asterisk indicate an
opportunity lost. Dietz said he asked the Public Safety Department to be here tonight
because of issues of getting around the City as well as public service issues such as street
plowing.
Enger asked what the current policy is on street connections. Dietz said we try to connect
where at all possible, except in areas where natural features preclude connection. He said
in 1980 we had about 350 cul-de-sacs, and by 1995 the number increased to 523. We have
slowed the pace of growth in numbers of cul-de-sacs, and many of those could not have been
built without a cul-de-sac.
Harris asked why Forest Hills Road has an asterisk by it. Dietz said we had an opportunity
to act on this and didn't.
CITY COUNCIL/STAFF WORKSHOP MINUTES
April 15, 1997
Page 2
Tyra-Lukens asked how the list was defined. Dietz said the list includes all dead-end streets
for which, at one time, we believed there was a possibility of extension. He said there are
some that need a terminus added to them now that there is no possibility for extension.
Case asked what criteria were used to make the decisions regarding priority on the list.
Dietz said Tom Tesch and he determined the priorities as a Staff recommendation. Case said
in terms of traffic levels he saw some big differences in volume.
Case said he would like to be able to say these are the high priorities and these are the
reasons Why. He did not see that with some of the high priority items. Dietz said they did
not take the time to go through and do a special study on each one. Case said he was looking
for verbiage for projects that will come in such as "the street is a collector street" or "it has
curbing" or some other reason for the priority. It would be a generalized list so that we can
use the criteria when specific projects come up. Dietz said they could make a matrix of
reasons for why we would make a street interconnection.
Enger said we have recognized a number of different reasons for interconnecting roads. One
of the reasons is the ability to get around the City. We need to start with the premise that
roads should be connected or we will be fighting an uphill battle. Harris said as density
increases people can't travel in the City. Dietz said we have very little opportunity for
making more through roads, so we are forced to take advantage whenever we can.
Case said there may be cases such as Hilltop and Valley that make sense to connect;
however, in the specific situation, it doesn't meet the high priority that another would. Dietz
thought if we limited ourselves to high priority locations, we would get the list of 62 down
to about ten. He noted Hilltop and Valley is an opportunity missed, and we now have a
problem with snowplowing on Valley. There is also no way to exit there if the street
entrance is blocked.
Enger said we have not had an opportunity to operate to our full potential as a community,
and street connectedness helps us operate as a community. We should enumerate the reasons
why we value a connected community. Tyra-Lukens said she agreed with that, but she
thought we will continue to have neighborhoods that don't want traffic on their street.
Enger said we could evaluate what the capacities are on all the roads on a system-wide basis
so that connections could be made in those neighborhoods in order to handle more of the
capacity.
Butcher-Y ounghans thought that was a strong argument; however, she heard the same
argument used the opposite way by the people from Hilltop and Valley. They felt it would
affect their sense of community, but they were thinking of community in the smaller sense.
Harris thought we want people to think more broadly of community.
Al Gray, City Engineer, said people have trouble dealing with change, but we need to
remember that people who are here today aren't necessarily the ones who will be here
CITY COUNCIL/STAFF WORKSHOP MINUTES
April 15, 1997
Page 3
tomorrow. Dietz thought we also have to consider the cost to make the connections because
in some cases there is no particular benefit to justify assessing the property.
Harris thought we need to consider the effect on the quality of life if people find it difficult
to get from one point to another.
Dietz reviewed some of the dead end streets including Darnel, which is currently a stub to
the south with a large piece of undeveloped land beyond it. It would be desirable to
interconnect Darnel to the undeveloped land as the lots there are developed. Tyra-Lukens
asked if there would be an opportunity to connect from Aztec Drive. Dietz said that is a
possibility, but it would be connecting commercial to residential.
Case thought there are other areas like this that could be designated as top priority based on
the criteria that the area has no outlet, and we could show the critical areas that won't
function well if things don't happen. Enger thought it might be useful to determine the real
"do or die" ones. Dietz thought we might tend to not connect the others if we do that.
Tyra-Lukens asked what the philosophy for development has been. Enger said we say all
roads should be connected. Tyra-Lukens then asked why we lost the Kurtz Lane connection.
Enger said the implementation of the philosophy has decreased over the years. Staff
recommended a number of connections according to the policy, but it became too tough to
insist that they be connected.
Harris thought we could build a broad statement regarding the movement of traffic but have
other criteria for specific areas. We also don't want to lose sight of the fact that the trail
system is a part of the transportation system.
Dietz said he has heard the Council express a need to get some criteria put together from a
philosophical and practical viewpoint. Jullie said Staff could be proactive with developers
to encourage connections but we will have to be prepared for controversy. There will be
times when it won't work, and we need a way to accommodate those situations.
Harris said it is important to look at what is best for the City overall, and connectedness will
help to reduce congestion in neighborhoods.
Enger asked if we are using temporary dead end signs. He would be interested in knowing
how many of the total list have signs on them. Dietz said they would make sure signs are
put up where needed.
III. OTHER BUSINESS
IV. ADJOURNMENT
Mayor Harris adjourned the meeting at 7:25 p.m.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, APRIL 15, 1997
CITY COUNCIL:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
ROLLCALL
Councilmember Thorfinnson was absent.
7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
Mayor Jean Harris, Sherry Butcher-
Younghans, Ronald Case, Ross
Thonmnson, Jr., and Nancy Tyra-
Lukens
City Manager Carl J. Jullie, Assistant
City Manager Chris Enger, Director of
Parks, Recreation & Natural Resources
Bob Lambert, Director of Public Works
Eugene Dietz, City Attorney Roger
Pauly, and Council Recorder Jan Nelson
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Jullie added item XI.B.1. Workshop Schedule.
ll. OPEN PODIUM
Two students from Oak: Point School described the flood relief project the school is
sponsoring for residents of Granite Falls. They asked the Council to support their drive
to solicit donations throughout the community. Case said he has been part of the
project as a teacher at Oak Point and has talked to the Mayor of Granite Falls who is
very touched by this. Case thought this was a great thing for the town to be involved
in. Harris thanked the students for bringing the project to the Council's attention.
Brandon Hensohn, representing Rio Bravo restaurant, said he did not see their request
to have liquor service in a temporary tent on May 5 as part of tonight's agenda. Mayor
Harris said it is part of the Clerk's License List.
ill. MINUTES
A. CITY COUNCIL/STAFF WORKSHOP ON PRIORITY USE OF CITY
FACILITIES HELD TUESDAY, APRU, 1, 1997
MOTION: Case moved, seconded by Butcher-Younghans, to approve as
published the Minutes of the City Council/Staff Workshop on Priority Use of
City Facilities held Tuesday, April 1, 1997. Motion carried 4-0.
I
CITY COUNCIL MINUTES
April 15, 1997
Page 2
B. CITY COUNCIL MEETING HELD TUESDAY, APRTI, 1, 1997
Butcher-Younghans said the last paragraph on page 11 should be changed to
"Harris liked the project and was concerned about liability as it is currently
configured ... "
MOTION: Tyra-Lukens moved, seconded by Case to approve the Minutes of
the City Council Meeting held Tuesday, April 1, 1997, as published and
amended. Motion carried 4-0.
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. PRAIRIE GREEN MINI-STORAGE by Four S. Properties, Inc. 2nd
Reading of Ordinance 18-97 for Zoning District Amendment in the 1-2 Park
District on 4.96 acres, Adoption of Resolution 97-65 for Site Plan Review on
4.96 acres and Approval of a Developer's Agreement for Prairie Green Mini-
Storage. Location: County Road 4, south of Terrey Pine Court. (Ordinance
18-97 for Zoning District Amendment and Resolution 97-65 for Site Plan
Review)
C. CENTRON DPL by Centron DPL. 2nd Reading of Ordinance 16-97-PUD-I0-
97 for PUD District Review and Zoning District Amendment in the 1-2 Zoning
District on 5.2 acres, Adoption of Resolution 97-66 for Site Plan Review on 5.2
acres and Approval of a Developer's Agreement for Centron DPL. Location:
City West Parkway. (Ordinance 16-97-PUD-I0-97 for PUD District Review
and Zoning District Amendment and Resolution 97-66 for Site Plan Review)
D. EDENYALE CROSSING BUSINESS CENTER by CSM Corporation. 2nd
Reading of Ordinance 17-97-PUD-11-97 for PUD District Review on 12.7 acres
and Zoning District Change from Rural to Office on 2.9 acres and from Rural
to 1-2 on 9.8 acreas, Adoption of Resolution 97-67 for Site Plan Review on
12.7 acres and Approval of a Developer's Agreement for Edenvale Crossing
Business Center. Location: South and east of Anagram Drive. (Ordinance
17-97-PUD-II-97 for PUD District Review and Zoning District Change and
Resolution 97-67 for Site Plan Review)
E. ARBOR DAY PROCLAMATION
F. APPROVE COMMUNITY CENTER ICE ARENA RENOVATIONS
MIGHTY DUCKS PROJECT BID PROPOSAL
G. RESOLUTION 97-68 AWARDING CONTRACT FOR 2 INCH
BITUMINOUS OYERLAY, I.C. 97-5437
CITY COUNCIL MINUTES
April 15, 1997
Page 3
H. RESOLUTION 97-69 AWARDING CONTRACT FOR STREET
STRIPING, I.C. 97-5434
I. RESOLUTION 97-70 APPROvING FINAL PLAT OF PRAIRIE GREEN
(located at the southeast corner of County Road 4 and Terrey Pine Drivel
J. RESOLUTION 97-71 APPROVING FINAL PLAT FOR EDENYALE
CROSSING BUSINESS CENTER (located at the southeast corner of
Anagram Driye apd Yalley View Road)
K. RESOLUTION 97-72 APPROVING FINAL PLAT FOR HILLS OF EDEN
PRAIRIE (located west of Bryant Lake Driye, adjacent to WooddaJe
Church)
L. RESOLUTION 97-73 APPROVING FINAL PLAT FOR MITCHELL
VILLAGE 2ND ADWTIQN (located north of Anderson Lakes Parkway
apd east of Mitchell Road)
M. RESOLUTION 97-74 APPROVING FINAL PLAT FOR BEARPAlli
TOWNHOMES 4lli ADDITION (located east of Lake Riley road apd
Porth of Piopeer Tram
N. RESOLUTION 97-75 APPROYING AGREEMENT WITH MnDOT FOR
LEASE OF PROPERTY AT 7920 WALLACE ROAD (W. Gordon Smith
OU Building)
MOTION: Case moved, seconded by Butcher-Younghans, to approve items A-
N of the Consent Calendar. Motion carried 4-0.
Jullie said several residents of the Autumn Woods neighborhood are here for item
VIlLA. regarding antenna equipment, and he suggested that item VIlLA. be reviewed
as soon as possible.
MOTION: Tyra-Lukens moved, seconded by Case, to move item VIlLA. REQUEST
FROM AMERICAN PORTABLE TELECOM (APT) TO INSTALL ANTENNA
EQJJIPMENT ON HIDDEN PONDS WATER TOWER prior to the Public
Hearings. Motion carried 4-0.
VIII. PETITIONS, REQUESTS AND COMMUNICATIONS
A. REQUEST FROM AMERICAN PORTABLE TELECOM (APD TO
INSTALL ANTENNA EQlJIPMENT ON HIDDEN PONDS WATER
TOWER
Jullie distributed copies of the Lease Agreement with American Portable
Telecom (APT) Corporation for installation of their antenna facility on the
8
CITY COUNCIL MINUTES
April 15, 1997
Page 4
Hidden Ponds Water Tower. The agreement was completely resolved this
afternoon. City Attorney Pauly, Gary Therkelsen and other Staff members have
reviewed this and believe it addresses all the pertinent issues. Jullie reviewed
the construction of the equipment, noting that the panels will be attached to the
top railing of the tower. It is a five-year lease with three options to renew and
they will pay a rental fee, per the schedule outlined in the agreement. APT has
also given us a letter assuring us they will withdraw their request for a
conditional use permit from the City of Chanhassen and terminate their lease
with Way tech Corporation. They will also terminate the lease for the temporary
tower now in place and will agree not to build any tower or related structures on
the Quattro property. They have asked for time to make sure the equipment is
up and functioning properly before they comply with the three conditions.
Harris asked if APT has conducted any testing out there at the present time.
John Barstow, representing APT, said they are using the temporary structure
now and plan to maintain that site for the two or three weeks it takes for the
water tower project to be completed.
Tyra-Lukens asked Pauly if the agreement addresses concerns she expressed at
the last Council meeting regarding making the company responsible for removal
of the equipment if technology changes or the company goes out of business.
Pauly said the company does have the right of assignment of the agreement so a
successor organization would be able to continue the use of the antenna. He
said the tenant does have an obligation to remove the equipment upon
termination of the lease.
Case thought this is a good deal for us at the moment, but he was also
concerned about a way to limit towers in the Chanhassen corridor. He asked if
his understanding was correct that this would cover the whole area and at this
height no other company can come in and operate at a certain level. Barstow
said their next site to the east is the Wilson Learning building, and the two sites
should cover them for a long period of time.
Case then asked what height another company that might come in would have to
be at. Barstow said new PCS would try to come in at less than 160 feet.
Case was concerned that the railing couldn It handle the load. Jullie said the
applicants will be submitting the design for review by our structural engineering
company. Barstow noted they would pay for any reinforcements needed at their
own cost.
Butcher-Younghans asked if they have placed their equipment on water towers
before. Barstow said they have at least four that are similar in design to the
Hidden Ponds tower.
CITY COUNCIL MINUTES
April 15, 1997
Page 5
MOTION: Case moved, seconded by Butcher-Younghans, to approve the
agreement with American Portable Telecom to install their antenna equipment
on the Hidden Ponds water tower. Motion carried 4-0.
Harris thanked all the residents who provided a lot of information to the City
and the Council, and Staff, who did an admirable job in a short period of time
to resolve this issue.
v. PUBLIC HEARINGS/MEETINGS
A. TOWNPLACE CENTRE by CSM Lodging, LLC. Request for Rezoning from
RI-22 and Public to C-Regional Service on 10.59 acres, Site Plan Review on
10.59 acres, PUD Concept Review on 10.59 acres, PUD District Review on
10.59 acres and Preliminary Plat of 10.59 acres into 4 lots and 1 outlot.
Location: Highway 169, Leona Road, Highway 494, Prairie Center Drive
(Ordinance for Rezoning and PUD District Review, Resolution 97-76 for
PUD Concept Review and Resolution 97-77 for Preliminary Plat)
Jullie said the official notice of this Public Hearing was published on Apri13,
1997 in the Eden Prairie News and mailed to 22 property owners. The
concept plan for this project includes a Borders Bookstore, two restaurants, two
hotels, an Office Depot, and other general retail space. The location is along
Leona Road west of Highway 212 and north of the Cub Food Store.
Dave Carlin, representing CSM Corp., and Gary Tushie, project architect,
reviewed the project and the site plan.
Butcher-Younghans was concerned about traffic congestion on Den Road
resulting from all of the parking lots that will be located in a small area for this
project, the Cub food store and the new liquor store. She asked if there will be
additional signal lights put in, since there are only two ways in and out of the
area. Al Gray thought the concerns were reasonable, and we may find other
intersections that will require signals, especially with the Eden Prairie Center
expansion. He thought the four-way stop will work for a number of years and
that we will probably be able to use TIF funds if signalization is necessary.
Tyra-Lukens asked why the Borders store was placed on the north side of the
lot, unlike the previous plan for the property. Carlin said it was Borders'
decision to change it to that location.
Enger said the Planning Commission reviewed this project at the March 24,
1997, meeting and recommended approval on a 5-0 vote, subject to the
recommendations of the Staff Report of March 21. The project will require a
waiver for floor area ratio from .40 to .76 and also for building height from 40
to 45 feet. He said the Parks Commission did not review the project.
CITY COUNCIL MINUTES
April 15, 1997
Page 6
Case thought this is a great addition to the commercial area and it is a good
project.
There were no comments from the audience.
MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to close the
Public Hearing. Motion carried 4-0.
MOTION: Butcher-Younghans moved, seconded by Case, to adopt Resolution
97-76 for PUD Concept Review on 10.59 acres; to approve 1st Reading of the
Ordinance for PUD District Review and Rezoning from Rl-22 and Public to C-
Regional Service on 10.59 acres, including a waiver for floor area ratio from
.40 to .76 and also for building height from 40 to 45 feet; to adopt Resolution
97-77 for Preliminary Plat of 10.59 acres into 4 lots and 1 outlot; and to direct
Staff to prepare a Development Agreement incorporating Commission and Staff
recommendations. Motion carried 4-0.
B. MTS EXPANSION by MTS. Request for Site Plan Review on 36.8 acres.
Location: Highway 5. (Resolution 97-78 for Site Plan Review)
Jullie said the official notice of this Public Hearing was published on April 3,
1997 in the Eden Prairie News and mailed to 9 property owners. The site plan
for this request shows an addition of 43,200 square feet of warehouse space.
The plan meets required setbacks and staff recommends a proof of parking plan
for an additional 212 spaces. The additional parking would be built if there
were to be changes in building use or expansion for additional employees.
Don Fournier, representing MTS, reviewed the project.
Enger said the Planning Commission unanimously approved the project at its
meeting on March 24, 1997, subject to the recommendations of the Staff Report
of March 21.
Tyra-Lukens asked where the 212 parking spaces will go. Fournier said they
currently share parking with st. Andrews church. They currently have about
300 spots they don't use. They can add the additional spaces later if needed,
and could also build a ramp to provide even more.
There were no comments from the audience.
MOTION: Case moved, seconded by Tyra-Lukens to close the Public
Hearing; to adopt Resolution 97-78 for Site Plan Review; and to direct Staff to
prepare a Development Agreement incorporating Commission and Staff
recommendations. Motion carried 4-0.
CITY COUNCIL MINUTES
April 15, 1997
Page 7
c. TRANSPORTATION ELEMENT OF THE COMPREHENSIVE
MUNICIPAL PLAN (Resolution 97-79)
Jullie said the official notice of this Public Hearing was published on April 3,
1997 in the Eden Prairie News. This overall transportation plan update is being
coordinated with our application to the Metropolitan Council for an expansion
of the MUSA line into the remaining southwest development area of the City.
Traffic volumes were forecast throughout the City to determine which roadway
segments will need to be upgraded by the year 2015 to manage the anticipated
traffic. Implementation of the plan is discussed and presented as a potential
Transportation Capital Improvement Program. The plan also discusses the
present and future roles of transit, bicycle and pedestrian facilities. Detailed
feasibility studies and public hearings would be required before any of the
specific roadway projects could begin. He said the Planning Commission was
scheduled to review and approve this plan at its meeting on Monday evening,
April 14.
Al Gray, City Engineer, said we have had a lot of traffic studies over the years
but this is the first comprehensive analysis of the City as a whole. This presents
transportation plans and policies we would like to pursue and discusses some of
the anticipated needs over the next 17 years. He reviewed the policies and
strategies as articulated by the Met Council. Benshoof & Associates used the
Twin Cities metropolitan regional traffic forecasting model for the plan.
Tyra-Lukens asked why there is no indication of a signal at Dell Road and
County Road 1. Gray said he expects there to be a signal at that intersection
with the roadway improvements planned.
Tyra-Lukens noted the left turn lane as you go south on Dell Road is hatched
off and causes confusion for drivers. She asked Staff to look into that. Dietz
said they would.
Butcher-Younghans applauded everyone for the policies and strategies. She
thought it is a wonderful tool. She also thought expanding the transit goal is not
realistic. In terms of funding, she asked if there is an alternative plan if the
state funds aren't kept at current levels. Gray said, if there was a major
reduction in MSA funding to cities, then without some other changes to provide
other sources of funds, these plans could become very difficult to construct at
this level.
Butcher-Younghans asked if he saw any reductions coming in the state funds.
Gray hoped it would increase as people become aware of what they are paying
for the system they drive on. He said if we don't find good ways to fund
transit, then transit gets funding at the expense of funding to cities.
1
CITY COUNCIL MINUTES
Apri115, 1997
Page 8
Butcher-Y ounghans noted the reference to five lakes within the City should be
changed to the correct number.
There were no comments from the audience.
MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to close the
Public Hearing; and to adopt Resolution 97-79 adopting the Transportation
Element of the Comprehensive Municipal Plan. Motion carried 4-0.
Harris found the report extremely interesting and very well done. Gray
introduced the traffic engineer from Benshoof & Associates who worked on the
plan with Staff. Dietz said a lot of things will follow from this plan and it will
be the basis of a lot of discussion as we have hearings for TIP funding and
identify some projects and reprioritize others.
VI. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Butcher-Younghans, to approve the Payment of
Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans,
Case, Tyra-Lukens and Harris voting "aye."
VII. ORDINANCES AND RESOLUTIONS
vm. PETITIONS, REQUESTS AND COMMUNICATIONS
B. REQllEST FROM mE MINNESOTA WOMEN OF TODAY (Connie
McDonald, President of Richfield Women of Today)
Jullie introduced Ms. Connie McDonald, President of Richfield Women of
Today.
Ms McDonald gave a brief report to the Council on the purpose and activities of
Women of Today. She said they are expanding into other communities and
reviewed the benefits of having a program in Eden Prairie.
Harris thanked Ms McDonald for bringing the program to us and introducing
the Council to the goals and programs of Women of Today.
IX. REPORTS OF ADYISORY BOARDS & COMMISSIONS
X. APPOINTMENTS
XI. REPORTS OF OmCERS
A. REPORTS OF COUNCILMEMBERS
CITY COUNCIL MINUTES
April 15, 1997
Page 9
B. REPORT OF CITY MANAGER
1. Worksbop Scbedule
Jullie asked the Council to add a Workshop to the schedule for July 1, 1997
at 6:30 p.m. with the Eden Prairie Chamber of Commerce.
Harris noted we probably need to plan for absences during July and August.
C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL
RESOURCES
1. Trail Priority Rankjnl for 1997
Lambert said the Parks Commission reviewed the annual recommendations
on trails at the April 7, 1997 meeting and recommended a number of
projects be completed this year if possible. The recommendations included
widening the trails over the underpasses on Anderson Lakes Parkway,
replacing the trail on Bittersweet Drive, completing the trail connection on
Rice Marsh Lake with the use of cash park fees, improving the Hidden
Ponds trails as a possible assessment project, replacing the Valley View
Road trail, and completing the Trails Homeowners connection through the
Preserve.
Harris said we have had many calls about how dangerous the Anderson
Lakes Parkway trails are.
Lambert said he would like to have the Council authorize Staff to proceed
with the projects. Each one will be brought back if there are contracts
involved.
Case asked if we spend about $125,000 per year for maintenance. Lambert
said we have budgeted $125,000 this year. We won't spend that much with
these projects, although we do not have a cost estimate on the Hidden
Ponds trails because we don't know what we are going to do there. We
may look at starting the project on Dell Road as we probably would have
enough money left to do the grading and base there.
Lambert asked to carry over funds to next year if the full amount is not
used as he expects, because some of the larger projects for future years are
over $100,000. We will need significant money for the Bryant Lake and
Homeward Hills trails.
MOTION: Butcher-Younghans moved, seconded by Tyra-Lukens, to
approve the Trail Priority Ranking for 1997 funding as per the Staff agenda
report and recommendation of April 15, 1997. Motion carried 4-0.
q
CITY COUNCIL MINUTES
Apri115, 1997
Page 10
D. REPORT OF DIRECTOR OF COMMUNITy AND ECONOMIC
DEVEWPMENT
E. REPORT OF DIRECTOR OF PUBLIC WORKS
F. REPORT OF CITY ATTORNEY
xu. OTHER BUSINESS
Xill. ADJOURNMENT
MOTION: Case moved, seconded by Butcher-Younghans, to adjourn the meeting.
Motion carried 4-0. Mayor Harris adjourned the meeting at 8:45 p.m.
10
lJem1J[C
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, APRIL 22, 1997
CITY COUNCIL STRATEGIC
MANAGEMENT FACILITATION
WORKSHOP
COUNCILMEMBERS:
CITY STAFF:
WORKSHOP FACILITATOR:
7:00 p.m. CITY CENTER
Heritage Room IV
8080 Mitchell Road
Mayor Jean Harris, Councilmembers Sherry
Butcher-Younghans, Ronald Case, Ross
Thorfinnson Jr., and Nancy Tyra-Lukens
City Manager Carl Jullie, Assistant City
Manager Chris Enger, Director of Human
Resources and Community Services Natalie
Swaggert, Director of Public Works Gene
Dietz, Director of Parks, Recreation and
Facilities Bob Lambert, and Council Recorder
Barbara Anderson
Elizabeth Craig, Craig Group International
L SIRA TEGIC MANAGEMENT FACILITATION WORKSHOP
Mayor Harris reviewed the history of strategic planning efforts and gave an overview of
previous workshops attended by Council members commencing in 1988. Barbara Arney
assisted staff in dealing with strategic planning versus strategic management. In 1988 a
Mission Statement was developed for the City of Eden Prairie and the goal was to identify
key issues and trends over the next five years. In 1989 the issues of Transportation,
Affordable Housing, Increased Demand for City Services, Maintaining Open Space, and
Facilitating the Growth of the Business Community were discussed. In 1990 critical issues
were identified as a Board of Review, the Budget Process, and Communication. The Board
of Review was created to provide an impartial review process for housing assessment disputes
instead of having the City Council act in that capacity. In June of 1991, the Council discussed
Quality Management and instituted a process of holding Council workshops on the second
and fourth Tuesdays of each month. In Fall, 1991, the challenges between governing and
management of the City were addressed, and strengths, weaknesses, and threats were
identified. In 1992 the challenges of governing and managing a City was discussed, and
policies were defined as a series of statements that reflect community values and principles.
Clarification of roles and responsibilities in decision making and an in-depth look at policies
and procedures by area was done. In 1993-1994 there was an absence of strategic planning
policies, but in 1995 policy making and staff collaboration became the focus and determining
a balance of roles in this process. Creating a framework for this process became a primary
goal. In 1996 a Chart of Strategic Planning and a 5-Year Outlook was developed. The
following critical assumptions and issues were identified: Transportation, Development of
remaining Open Land, Decreasing the Tax Levy, Balancing Resources, Developing a Sense
of Community, Provision of Social Services, and the guiding principles to be used on each
lssue.
,
CITY COUNCIL STRATEGIC MANAGEMENT
FACILITATION WORKSHOP
April 22, 1997
Page 2
Elizabeth Craig discussed the strategic management and decision making process. She noted
that strategic management is to provide a framework for policy formulation, decision making
and implementation. She reviewed the process of strategic management and the need to pay
attention to the environment which surrounds all these areas and influences what goes on
within these areas. She reviewed some of the things that had been identified as things they
would never do at a Council Meeting during the last workshop.
Craig instructed the groups to study the list of 28 items which were identified at the last
workshop as things they would never do at a Council Meeting and try to remember as many
as possible so they could write them down. From this list they would consolidate these items
into ten items. The result of this activity was the following items were identified as being the
most important things to work towards when making decisions:
• Respect
• Open Communication
• Perspective
• Teamwork
• Balanced Decisions
• Continuous Improvement
• Maintain a Sense of Humor
• Keep an Open Mind
• Make Informed Decisions
Craig discussed the decision making pyramid and how decisions can vary between being pro-
active or long-term and reactive or short-term. She discussed the ways in which the
environment in which a decision is made can affect the outcome, such as decisions made
under pressure from lobbyists, special interest groups, etc. Some factors which go into
making reactive or short-term decisions are not enough time, lack of information to make a
knowledgeable decision, hip-shooting, lack of critical information, surprise, sense of being put
on the spot, feeling highly stressed, emotional testimony, and crisis-oriented situations. Other
items identified were having a limited viewpoint, personal agendas, special interests, having
a decision made for the loudest rather than the greater good of the community, hidden
agendas, decisions made for political reasons, and grandstanding. Issues being perceived as
minor, lack of values and long-term vision, too many items or too much information to
process simultaneously were also included in this area.
Some of the outcomes to reactionary decision making were:
• Poor decisions
• Expensive decisions
• Reactionary outcomes
• Poor structure for building future decisions
• Setting undesirable precedents
• Unforseen negative outcomes
• Public policy which is ultimately unfair to the most people
• Not making a decision but "allowing" it to happen
• Inconsistent decisions
CITY COUNCIL STRATEGIC MANAGEMENT
FACILITATION WORKSHOP
April 22, 1997
Page 3
• Confusion among stakeholders and frustration by those impacted by the decision
• Lack of credibility for later decisions
• Decisions made without clear understanding of future ramifications
Characteristics in making Pro-Active Decisions:
• Problem solving environment
• Respectful, thoughtful interaction between group members
• No hostility or stress
• No fatigue
• Deliberative
• Open and inclusive
• All experts present and diverse viewpoints expressed
• Leverages articulated
• Goals and community values considered
• Financially sound
• Based on long-term vision and goals
• Good for the community
• Consensus reached or built
• Sound reasons for the decision
• Adequate information and time
• Friendly teamwork
• Fits within the policies and goals
• Cooperative/participative process
Outcomes of making Pro-active Decisions:
• Decisions provide framework and direction for future decisions
• Decisions respect and link to past decisions
• Decisions are defensible
• Group supportable
• Leads to measurable end points
• Lasting/enduring decisions
• Most concerns are addressed
• Satisfaction with the process
• Decisions perceived as being responsible
• In the interest of the majority
• Sustain ability
• Actualize the agreed-upon Community Vision
• Cost effective
• Builds positive foundation
Some decisions that were viewed as being pro-active decisions made in the past were the
Capital Improvements Plan, the new Municipal Water Plant, the Comprehensive Guide Plan,
the Transportation Plan, social programs, and Emergency Crisis planning. Pro-active
decisions were those during which adequate time and information was available to those
CITY COUNCIL STRATEGIC MANAGEMENT
FACILITATION WORKSHOP
April 22, 1997
Page 4
making the decisions, budget and financial decisions, and decisions which affect the entire
community. Decisions which would affect future generations, generate long term costs, and
those which are no longer necessary to support long term plans were also considered to be
pro-active in nature.
Reactive decisions could be precipitated by such things as a municipal crisis, unique variance
requests, early grading requests and proclamations. Other reactionary decisions listed were
those made in emergencies for public safety, decisions perceived as being short-term or of
little impact, those which had no long term impacts on costs, were not precedent-setting,
would have no adverse effect and decisions based on existing policy and reflecting that
existing policy.
Some things which could pull decisions toward the reactive versus the pro-active were:
• Perception
• Time constraints (not always)
• Degree of precedent-setting potential
• Timing in announcing decisions
• Level of intensity surrounding the issue can impact the decision
• Perception of the level of teamwork
• Cost
• Crisis
• Politics
• High emotion
• Personal opinions/agendas
• Group dynamics
• Need to report to other governmental agencies
• Range of impact
• Failure to ask for (and hear) information
• Special interest groups
Things which would pull decisions toward the pro-active were:
• Strategic management
• Consideration of all viewpoints
• Adhering to the guiding principles/common threads/values
• "Big Picture" thinking
• Decisions based on policy
• Decisions reflecting existing policy
• Decisions made for the greater good of the entire community
• Decisions that will impact future generations
• Decisions which will generate long-term costs for the City
• Decisions that it is no longer necessary to support a long-term plan
'-I
CITY COUNCIL STRATEGIC MANAGEMENT
FACILITATION WORKSHOP
April 22, 1997
PageS
Craig passed out an assignment which the participants were to complete and fax back to her
within a week.
The workshop ended at 9:45 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar 5-6-97
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Finance -Pat Solie Clerk's License Application List IV.A.
These licenses have been approved by the department heads responsible for the licensed activity.
CONTRACTOR (MULTI-FAMILY & COMM.)
Adams Service Company
Copeland Building Corp.
Donner Construction Company
EDM Construction, Inc.
Emerald Builders, Inc.
Faulkner Construction, Inc.
Frey Development, Inc.
H&G Structures, Inc.
Gene Mace Constrauction Company
Midwest Maintenance and Mechanical
Metro Building & Printing Company
PLUMBING
Dave's Professional Plumbing
Doug's Plumbing
Grabow Plumbing, Inc.
Haussner Plumbing
Jobco Plumbing
Lichliter Bros. Plumbing
Nelson Water, Inc.
New Mech Companies, Inc.
Symington Plumbing
GASFITTER
Jobco Plumbing
Metro Gas Installers
New Mech Companies Inc
Premier Heating & Cooling Inc
Symington Plumbing
May 5, 1997 1
HEATING & VENTILATING
Conrad Mechanical Contractors
Kalmes Mechanical Inc
Peterson Bros Mechanical
R & S Heating & Air Conditioning
LAWN FERTILIZER APPLICATORS
Arteka Corporation
Bob's Lawn & Landscape Inc
Chapman Custom Lawn Care Inc
GranulawnfShowcase Landscape
Green Stuff Inc
Hawes Lawn Service Inc
The Rose Companies
Southwest Lawn Maintenance Inc
TEMPORARY LIQUOR
Eden Prairie Lions Club (June 6-7-8 Schooner
Days)
GAMBLING
Eden Prairie Lions Club (Bingo June 6-7-8
Schooner Days)
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: OS-.Wh
SECTION: Consent Calendar ITEM NO.
DEPARTMENT: Parks, ITEM DESCRIPTION: Community Center Locker Room Shower Pole
Recreation and Natural Bid Proposal
Resources
Elyce Kastigar
Locker Room Project
The Community Center will complete the locker room shower project during 1997. The shower
poles will be replaced to meet ADA requirements and to make improvements to the existing poles.
Also, the individual shower stall in the women's locker room will be replaced and have
improvements to meet ADA requirements.
Recommendation
Staff recommends approval ofthe bid from MacDonald Plumbing Company for a total of$15,824.
This was the only bid submitted. Refer to the attached bid proposal.
Fundin2
The shower project will be funded from money budgeted under Community Center Capital Outlay.
Attachment: Bid proposal, MacDonald Plumbing Company
lockerrm
I
"
MacDonald Plumbing Co.
2946 Sumter Ave. No.
April 22,1997
Community Center Manager
Eden Prairie Community Center
16700 Valley View Road
Eden Prairie, MN. 55346
RE: Men's and Women's Locker Rooms
Page 1-Column Showers
Mpls., MN. 55427
We will Furnish and Install the following Items:
2-BR 5C HN400-B-6' OEFSH Bradley Column Showers
ADA Pres. Bal. Mixing Valves
Column shower with five heads
Shower heads to be fixed direction adjustable spray
Cast iron drain fittting is existing
All exposed parts to be type 304 stainless steel with a #4 finish
Column to be equiped with stainless steel soap tray
Shower column to be equipped with on hand-held shower spray
Shower column to be equipped with grab bar to meet ADA requirements
Shower column to match and fit into existing fittings
Removal of existing shower column
Repair or replacement of any tile if damaged by installation
Daily clean up and removal of debris
Plumbing Permits are included
Minnimum delivery of 4 weeks from order
Installation of showers will be negotiated at time of delivery
110% Performance bond will be provided prior to project start date
Installation will be approximately one day for each shower unit
Total Cost Including Tax and Labor $12,729.00
Thank You for allowing me to bid this work.
Sincerely: . ? ~",u-e<-«-'-;/ /1,:«-ffi~
-rJrence MacDonald
MacDonald Plumbing Co. 2
(
"
MacDonald Plumbing Co.
April 22, 1997
Community Center Manager
Eden Prairie Community Center
16 700 Valley View Road
Eden Prairie, MN. 55346
RE: Women's Locker Room
Page 2
Add Alternate #1
2946 Sumter Ave. No.
Mpls., MN. 55427
We will Furnish and Install the following Items:
1-BR 1WCA-ADA-MT-FSS Bradley Wall Shower
Barrier-free wall shower to meet ADA requirements
Shower panel to be type 304 stainless with a #4 finish
Hand held hose spray to meet ADA requirements
Fold up stainless steel shower bench to meet ADA requirements
Grab bars to meet ADA requirements
Removal of existing wall shower
Repair or replacement of any tile if damaged by installation
Daily clean up and removal of debris
Plumbing Permits are included
Minnimum delivery of 4 weeks from order
Installation of shower will be negotiated at time of delivery
110% Performance bond will be provided prior to project start date
Installation of shower, seat and grab bars will be approximately one to two days
Total Cost Including Tax and labor $3,095.00
/
3
CITY COUNCIL AGENDA Date: May 6, 1997
Section: Consent Calendar
Department: PRNR Item Description: Phase II Community Center Pool Item No.:
Bob Lambert, Director of Improvements iV.C. PRNR ~
REQUEST:
Staff requests the City Council approve contracts with Water Technology, Inc. and Ericksen Ellison
and Associates, Inc. to complete plans and specifications for the heating and ventilation system
improvements and the water filtration equipment replacement as outlined in the April 23 proposal
from Ericksen Ellison and Associates, Inc. and Water Technology, Inc.
BACKGROUND:
On March 18, the Eden Prairie City Council authorized staff to obtain proposals from Water
Technology, Inc. and Ericksen Ellison and Associates, Inc. to prepare plans and specifications for
improvements to the Community Center pool HV AC system and mechanical system as outlined in
their report dated March 10, 1997.
Attached to this memorandum is a proposal from Ericksen Ellison and Associates, Inc. to develop
schematic design documents, design development documents and construction documents and
specifications for mechanical, electrical, architectural and structural design for improvements to the
heating and ventilating system as outlined in the March 10 report. The fee for the basic services will
be $22,000 plus reimbursable expenses. Once the plans and specifications have been completed, the
engineer will have a more definitive cost estimate for this phase of the project. As soon as these
documents are completed, staff will submit the final estimated cost and request the Council for
authorization to go to bid and complete the proposed improvements.
Also, attached to this memorandum is a proposal from Water Technology, Inc. for a separate contract
to complete schematic design and development and construction documents for completing the
proposed improvements to the filtration system, pump and miscellaneous water circulation equip-
ment as proposed in the March 10 report. The basic fee for this phase of the project is $4,400. As
soon as these plans and specifications are completed, staffwill provide a more defmitive cost estimate
for this phase of the project and request authorization to proceed with bidding and completion of the
proposed project.
BL:mdd
April30.memo
1
ERICKSEN ELLISON
and Ass 0 cia t e sin c.
2635 UNIVERSITY AVE W • SUITE 200 • ST. PAUl,MN 55114-1500
, City of Eden Prairie
MR BOB LAMBERT .
Director of Parks
Recreation and Natural Resources '
8080 Mitchell Rd '
Eden Prairie MN 55344
PROPOSAL FOR
EDEN PRAIRIE COMMUNITY POOL
HEATING AND VENTILATING SYSTEM
Dear Bob
'WI CONSULTING
-ENGINEERS
TEl612.641.0311 FAX 612.641.0029
April 23 1 ~97
EEA is pleased to sUbmit this proposal for 'mechanical, electrical, architectural, and structural design
services in conjunction with the above referenced project. Work shall include the design for
replacement of the existing heating and ventilating equipment serving the community pooL
, I. Scope of Basic Services will include the following:
A. Schematic Design Documents:
B .. Design Development Docurnents .
. '. -, -
C. Construction Documents and Specifications.
D. Meetings as required for design coordination. In ,addition to these, we include tWo (2)
meetings with the Owner during design.
II. Professional Fee. ," Our fee for B'asic Services':will be a lump sUITi ,of$22,QOO plus reimbursable
expenses payable monthly upon presentation of invoice. Thisproposal is limited to the categories
listed in, Section L The fee for Basic Services does not ,include Additional Services described ,in
Section III or Reimbursable Expenses described in Section V.
. -. .
III. Additional Services. This proposal contemplates a scope, of service based upon one project
scheme as listed in Section I. Major project revisions outside of EEA's control or responsibility
that will require rework of completed work or more extensive work than originally agreed upon will
be considered Additional Services.
, '
Additional Services also include all work (such as additional consultation, meetings, site visits, or '
revisions) not outlined in Section I.,
EEA's fees for authorized or requested Additional Services will be based upon hourly rates in
Section IV. '
IV. Billing Rates. Hourly rates will be based upon attached Hourly Rate: Schedule.
'. > • , ~
.. "",
Mr Bob Lambert
April 231997
Page 2
v. Reimbursable Expenses. Reimbursable Expenses are in addition to the fees for Basic and
Additional Services indicated in Sections I and III. Reimbursable charges will be invoiced at
actual cost or set schedule, as stated.
A. . Reproduction of drawings and specifications for bidding arid/or construction
B. Express delivery service when such service is required by.the. client
C. Testing of existing systems to determine capacity. .
D.Mileage to and from site
We hbpe you find this prop()sal acceptable and we look forward to working with yOU on this project. If
acceptable, we are ready to .enter into a formal agreement and begin work.
-~ .
Bruce KJohnson PE
President .. . .
-Attachments (1) ..
c: Richard Hoag-EEA
•
-" .'. '
, .
CURRENT. HOURLY RATE SCHEDULE
. Principals
.. Senior Designers
Designers
Drafters ..
. Typists ...
110.00/Hr
75.00 to1 02.001Hr
45.00to 90.00/Hr
33.00 to 60.00/Hr
.. 30.0Cto 45.00/Hr
The above rates will apply until July 1, 1997. at
which. time an increase may occur.
... For: . Mr·Bob Lambert,·· ,.' ..
,City of Eden Prairie,MN
. -'. ' .. .
Date: April 231997
WATER
TECHNOLOGY. INC.
Aquatic Designers And Engineers
PROPOSAL FOR SERVICES
April 23, 1997
Water Technology, Inc. proposes to provide the following services for the Eden Prairie,
MN Community Center Pool, filtration, pump and miscellaneous equipment
replacement.
I. SCHEMATIC DESIGN I DESIGN DEVELOPMENT PHASE
A. Prepare Schematic Design and Design Development documents to fix the
character of the design work.
II. CONSTRUCTION DOCUMENTS PHASE
A. Complete construction documents along with complete specifications for
Section 13150 -Swimming Pools.
B. Complete drawings furnished by Water Technology, Inc. shall include, but
are not specifically limited to those required for a complete project.
Proposal for Services
City of Eden Prairie
• Demolition as required
• Pool and filter room location drawings.
• Pool data and equipment list.
• Layout of pool equipment, along with detailed piping drawings
of the pool mechanical room.
• Provide timely budget verification to the City of Eden Prairie
when requested.
• Correspondence with the Minnesota Department of Health for
pool modifications.
·1 •
P.O. Box 614 • W9684 Beaverland Parkway· Beaver Dam, Wisconsin 53916
Phone 414-887-7375 • Fax 414-887-7999
4
Apri123, 1997
III. PLAN SUBMISSION AND FEES
A. Water Technology, Inc. will submit stamped and sealed plans along with
specifications for the above related pool modifications to the State Health
department.
B. The City is responsible for the required application fees and
reimbursables.
IV. FEES
The basic fee for the above services shall be $4,400 .. This fee consists of the
following amounts:
WTI Fee Breakdown
SD&DD
Construction Documents and Specs
1,800
2,600
Meetings and site visits are not included in the basic fee and shall be
reimbursable at our current hourly professional fee rates for time and material.
Travel for meetings and site visits are not included in the basic fee and shall be
reimbursable at cost. .
Proposal for Services
City of Eden Prairie
Water Technology, Inc.
Hourly Fee Rates
Principals
Associates
Design
CAD Operator
Secretarial
·2·
$124/Hr.
$76/Hr.
$62/Hr.
$51/Hr.
$40/Hr.
WATER
TECHNOLOGY, INC.
Aquatic Designers And Engineers
S
April 23, 1997
v. REIMBURSABLES -In Addition To Basic Fees
A. Reimbursables consist of normal business costs including
printing/reproduction costs, shipping charges (express mail, etc.) and
travel for visits not included in our basic fee.
City of Eden Prairie
Date
Proposal for Services
City of Eden Prairie
• 3 •
ichard C SCQ
Vice President
'-f /?3h 7
Date I
WATER
TECHNOLOGY. INC.
Aquatic Designers And Engineers
(p
April 23, 1997
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-6-97
SECTION: CONSENT CALENDAR
ITEM NO. ISJ.O.
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger PURGATORY CREEK ESTATES (1996)
Michael D. Franzen
Recommended Council Action:
The Staff recommends that the Council take the following action:
• Adopt 2nd Reading of an Ordinance for Zoning District Change from Rural to Rl-13.5 on 4.98
acres.
Supporting Reports:
1. Ordinance for Zoning District Change
PURGATORY CREEK ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
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 ofthis 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 RI-13.5 District.
SECTION 3. That 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 RI-13.5 District, and the legal descriptions of land in each
District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended
accordingly.
SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire
City Code Including Penahy for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their
entirety, by reference, as though repeated verbatim herein.
SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement
dated as of February 18, 1997, entered into between Barry Post and John Brian Post and the City of Eden Prairie,
and which Agreement are hereby made a part hereof.
SECTION 6. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of July,
1996, 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 6th day of May, 1997.
ATTEST:
John D. Frane, City Clerk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on ____________ _
PURGATORY CREEK ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.
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:
SUlll1ll3.lY: This ordinance allows rezoning of land located at 12381 Sunnybrook Road from Rural
to RI-13.5 on 4.98 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date:
ATTEST:
lsi John D. Frane
City Clerk
This Ordinance shall take effect upon publication.
IslJean L. Harris
Mayor
PUBLISHED in the Eden Prairie News on the ______ _
(A full copy of the text ofthis Ordinance is available from City Clerk.)
Exhibit A
Purgatory Creek Estates
Legal Description
Exhibit A
Tract G, RLS #751, Files of Registrar of Titles, County of Hennepin.
DATE: 05/06/97
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
ITEM NO: IJ/. f.
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Release of Land from Special Assessment Agreement for Dellwood Estates
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council approve release of land from special assessment
agreement and authorize the Mayor and City Manager to sign the release.
Background:
In July of 1994 the City entered into a special assessment agreement with U.S. Homes
Corporation to distribute assessments for public improvements through a housing subdivision
called Dellwood Estates. This project is located at the southwest quadrant of Pioneer Trail and
Eden Prairie Road. This agreement was recorded at Hennepin County and appeared on the title
of each of the lots. The assessments have been levied against each of the affected parcels,
therefore; it is appropriate and timely to release this agreement.
I
RELEASE OF LAND
This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal
corporation ("City"), and is dated as of _______ _
FACTS
1. A certain Agreement Regarding Special Assessments (" Agreement") dated July
5, 1994, was executed by and between the City, and U.S. Homes, a Delaware corporation which
Agreement was filed as Document No. 6316487 with the Hennepin County Recorder on July 26,
1994. The Agreement related to the property described therein as:
Lots 1 through 17, Block 1; Lots 1 through 6, Block 2; Lots 1 through 6, Block 3; Lots
1 through 6, Block 4; Lots 1 through 4, Block 5; Lots 1 and 2, Block 6; Lots 1 through
26 and Lots 28 through 45, Block 7, and Outlot A, Dellwood Estates, Hennepin County,
Minnesota.
2. The special assessments contemplated by the Agreement have been levied and the
time for appeal has expired.
3. To evidence the fact that the special assessments have been levied and the time
for appeal has expired, the City is executing this Release of Land.
THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby
releases the Property described above from all obligations and conditions set forth in the
Agreement Regarding Special Assessments dated July 5, 1994 filed with the Hennepin County
Recorder as Document No. 6316487 on July 26, 1994. This Release of Land shall not release
or discharge the Property from the lien of any special assessments levied by the City pursuant
to the Agreement.
IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing
instrument.
CITY OF EDEN PRAIRIE
A Municipal Corporation
BY: ------------------Jean L. Harris
Its Mayor
BY: ------------Carl J. J ullie
Its City Manager
STATE OF MINNESOTA )
) ss
HENNEPIN COUNTY )
The foregoing instrument was acknowledged before me this __ day of ___ _
1997, by Jean L. Harris and Carl J. Jullie, the Mayor and City Manager of the City of Eden
Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said
corporation.
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Notary Public
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-6-97
SECTION: CONSENT CALENDAR T'lf. ITEM NO.
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger UNITED HEALTHCARE
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Approve 2nd Reading of an Ordinance for PUD District Review on 10.4 acres and Rezoning from
Industrial to Office on 10.4 acres;
• Adopt the Resolution approving Site Plan Review on 10.4 acres;
• Approval of a Developer's Agreement.
Supporting Reports:
1. Ordinance for PUD District Review and Rezoning
2. Resolution for Site Plan Review
3. Developer's Agreement
I
UNITED HEALTHCARE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 18-97-PUD-12-97
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 Industrial District
and be placed in the Office Zoning District 18-97-PUD-12-97 (hereinafter "PUD-I2-97-0ffice").
Section 3. The land shall be subject to the terms and conditions ofthat certain Developer's Agreement
dated as of May 6, 1997, entered into between United Healthcare Services, Inc., and the City of Eden Prairie
(hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-12-
97 -Office, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following fmdings:
A. PUD-12-97-0ffice is not in conflict with the goals of the Comprehensive Guide Plan ofthe City.
B. PUD-I2-97-0ffice 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-12-97 -Office are justified by the design of the development described therein.
D. PUD-12-97 -Office 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
Industrial District and shall be included hereafter in the Planned Unit Development PUD-12-97 -Office and the legal
descriptions ofland in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be
and are amended accordingly.
2
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 1st day of April,
1997, 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 6th day of May, 1997.
ATTEST:
John D. Frane, City Clerk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on _________________ '
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 18-97-PUD-12-97
UNITED HEAL THCARE
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:
SU1Illlla.IY: This ordinance allows rezoning of land located at the Southeast comer of Prairie
Center Drive and Technology Drive from Industrial to Office on lOA 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:
ATTEST:
lsi John D. Frane
City Clerk
This Ordinance shall take effect upon publication.
IslJean L. Harris
Mayor
PUBLISHED in the Eden Prairie News on the ______ _
(A full copy ofthe text ofthis Ordinance is available from City Clerk.)
Lf
Exhibit A
United Healtb.care
Legal Description:
Lot I, Block I, DataServe Business Center
5
UNITED HEALTHCARE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR UNITED HEALTHCARE
BY UNITED HEALTHCARE
WHEREAS, United Healthcare has applied for Site Plan approval of United Healthcare on lOA acres for
construction of a two-level, l35,000 square foot parking deck in addition to the existing 154,000 square foot
office building located at the Southeast comer of Prairie Center Drive and Technology Drive, to be zoned from
Industrial to Office Zoning District by an Ordinance adopted by the City Council on April 1, 1997; and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 10,
1997, 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 1, 1997,
meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE, that site plan approval be granted to United Healthcare for the construction of a two-level
parking deck, based on plans dated March 25, 1997, between United Healthcare, and the City of Eden Prairie.
ADOPTED by the City Council on May 6,1997.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
United Healthcare Services, Inc
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of May 6, 1997, between United Healthcare Services,
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 Industrial to Office
on lOA acres, PUD Concept Review on 1704 acres, PUD District Review on 10.4 acres, Rezoning from 1-2 Park
Industrial to Officeon 1004 acres and Site Plan Review on 10.4 acres, situated in Hennepin County, State of
Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter
referred to as "the Property; II
NOW, THEREFORE, in consideration of the City adopting Ordinance No. for PUD District
Review and Zoning District Amendment, Resolution No. for PUD Concept Review, and Resolution
for Site Plan Review, Developer covenants and agrees to construction upon, development, and maintenance of said
Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and
approved by the City Council on April 1, 1997 dated April 1, 1997, and attached hereto as Exhibit
B, subject to such changes and modifications as provided herein.
2. EXlllBIT C: Developer covenants and agrees to the performance and observance by Developer at
such times and in such manner as provided therein of all of the terms, covenants, agreements, and
conditions set forth in Exhibit C, attached hereto and made a part hereof.
3. FINAL GRADING, DRAINAGE, AND EROSION CONTROL PLAN:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and
drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading 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 storm sewers. 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. Developer shall complete
implementaion of the approved plan prior to issuance of any occupancy permit for the
Property.
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
7
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. Developer shall complete implementation of the
approved plan prior to issuance of any occupancy permit for the Property.
4. RETAINING WALLS: Prior to issuance by City of a building permit for the Property, Developer
shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval
of detailed plans for the retaining walls identified on the grading plan in Exhibit B.
These plans shall include details with respect to the height, type of materials, and method of
construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan prior to the issuance
of any occupancy permit for the Property, and in accordance with the terms and conditions of
Exhibit C, attached hereto.
5. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City
Planner and receive the City Planner's written approval of a final landscape plan for the Property.
The approved landscape plan shall be consistent with the quantity, type, and size of plant materials
as 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 performance bond, or other quarantee acceptable
to the City, equal to 150% of the cost of said improvements as required by City Code.
Developer shall complete implementation of the approved plan prior to the issuance of any
occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C,
attached hereto.
6. IRRIGATION PLAN: Prior to building permit issuance, the Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped
areas on the Property.
Developer shall complete implementation of the approved plan prior to the issuance of any
occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C,
attached hereto.
7. EXTERIOR MATERIALS: Developer has submitted to the City Planner, and has received the
City Planner's written approval of a plan for exterior building materials and colors for the Property
as shown on Exhibit B attached hereto. If these materials and colors are changed, the Developer
shall, prior to building permit issuance, submit to the City Planner, and receive the City Planner's
approval of a plan depicting the exterior materials and colors to be used for the Property.
Developer shall complete implementation of the approved plan prior to the issuance of any
occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C,
attached hereto.
8. SIGNS: Developer agrees that for each and every sign which requires a pennit by Eden Prairie's
City Code, Section 11.70, Developer shall obtain a sign pennit. The application for such a pennit
shall include complete description of the sign and a sketch showing the size, location, manner of
construction, and other such infonnation as necessary to infonn the City of the kind, size, material
construction, and location of any such sign, consistent with the sign plan shown on Exhibit Band
in accordance with the requirements of City Code, Section 11.70, Subdivision 5a.
9. SITE LIGHTING: Prior to building pennit issuance, Developer shall submit to the City Planner
and receive the City Planner's written approval of a site lighting plan. All lighting shall consist of
downcast fixtures.
Developer shall complete implementation of the approved plan prior to the issuance of any
occupancy permit for the Property, and in accordance with the tenns and conditions of Exhibit C,
attached hereto.
10. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements
within the Office Zoning District through the Planned Unit Development District Review for the
Property and incorporates said waivers as part ofPUD ___ ~
A. Increase in building height from 15 to 30 feet.
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-6-97
SECTION: CONSENT CALENDAR
ITEM NO. 1J/. G.
DEP ARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger CHIMNEY PINES
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Approve 2nd Reading of an Ordinance for PUD District Review on 1.29 acres and Zoning District
Amendment in the RI-9.5 District on 1.29 acres;
• Adopt the Resolution approving Site Plan Review on 1.29 acres;
• Approval of a Developer's Agreement.
Supporting Reports:
1. Ordinance for PUD District Review and Zoning District Amendment
2. Resolution for Site Plan Review
3. Developer's Agreement
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 15-97-PUD-9-97
CHIMNEY PINES
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND
WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH
DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described
in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within the R1-9.5 Zoning
District l5-97-PUD-9-97 (hereinafter "PUD-9-97-Rl-9.5").
Section 3. The land shall be subject to the terms and conditions ofthat certain Developer's Agreement
dated as of May 6, 1997, entered into between Laukka-Jarvis, Inc. and the City of Eden Prairie, (hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and conditions ofPUD-9-97-R1-9.5, and
are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-9-97-Rl-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-9-97-Rl-9.5 is designed in such a manner to form a desirable and unified environment within
its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are
contained in PUD-9-97-Rl-9.5 are justified by the design ofthe development described therein.
D. PUD-9-97-R1-9.5 is of sufficient size, composition, and arrangement that its construction, marketing,
and operation is feasible as a complete unit without dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Rl-9.5
District and shall be included hereafter in the Planned Unit Development 9-97-Rl-9.5, and the legal descriptions of
land in each district referred to in City Code Section 1l.03, subdivision 1, subparagraph B, shall be and are amended
accordingly.
Section 6. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City
Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in
their entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting ofthe City Council of the City of Eden Prairie on the 18th day of March,
1997, 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 6th day of May, 1997.
ATTEST:
John D. Frane, City Clerk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on ________________ __
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. lS-97-PUD-9-97
CHIMNEY PINES
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND
WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH
DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows the amending of land located at Spyglass Drive, south of
Riverview Road, within the Rl-9.5 Zoning District on 1.29 acres; subject to the terms and conditions of a developer's
agreement. Exhibit A, included with this Ordinance, gives the fun legal description of this property.
Effective Date:
ATTEST:
lsi John D. Frane
City Clerk
This Ordinance shall take effect upon publication.
IslJean L. Harris
Mayor
PUBLISHED in the Eden Prairie News on the ______ _
(A full copy of the text of this Ordinance is available from City Clerk.)
'I
Exhibit A
Chimney Pines
Lot 14, Block 1, The Bluffs at Riverview
CHIMNEY PINES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR CHIMNEY PINES
BY LAUKKA-JARVIS, INC.
WHEREAS, Laukka-Jarvis, Inc. has applied for Site Plan approval of Chimney Pines on 1.29 acres for
construction of eight lots located at Spyglass Drive, south of Riverview Road, to be zoned within the RI-9.5
Zoning District by an Ordinance adopted by the City Council on March 18, 1997; and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 24,
1997, 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 March 18, 1997,
meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE, that site plan approval be granted to Laukka-Jarvis, Inc. for the construction of 8 lots,
based on plans dated March 11, 1997, between Laukka-Jarvis, Inc., and the City of Eden Prairie.
ADOPTED by the City Council on May 6,1997.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
SUPPLEMENT TO LAUKKA -JARVIS DEVELOPER'S AGREEMENT
THIS SUPPLEMENT TO DEVELOPER'S AGREEMENT, made and entered into as of
May 6, 1997, by LAUKKA-JARVIS, a Minnesota Corporation, hereinafter referred to as
"Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to
as "City";
WHEREAS, the parties desire to supplement the Developer's Agreement between Laukka-
Jarvis dated December 9, 1995, (hereinafter the "Laukka-Jarvis Developer's Agreement") for the
Property legally described in Exhibit A, attached hereto and made a part hereof, hereinafter the
"Property" which is a part ofthe property described in the Laukka-Jarvis Developer Agreement.;
NOW, THEREFORE, in consideration of the City adopting Ordinance No. l5-97-PUD-9-
97, Resolution # ,PUD Concept Review, Developer covenants and agrees to construction
upon, development, and maintenance of the Property as follows:
1. "Developer" shall develop the Property in conformance with the materials dated
March 18, 1997, reviewed and approved by the City Council on March 18, 1997,
attached hereto as Exhibit B, subject to such changes and modifications as provided
herein.
2. EXHIBIT C: Developer covenants and agrees to the performance and observance
by Developer at such times and in such manner as provided therein of all of the terms,
covenants, agreements, and conditions set forth in Exhibit C, attached hereto and
made a part hereof.
3. PUD WAIVERS GRANTED: City hereby grants the following waivers to City
Code requirements within the Rl-9.5 District through the Planned Unit Development
District Review for the Property and incorporates said waivers as part of PUD-16-9 5.
A. Waiver from the minimum lot size of9,500 sq. ft. For Lots 1-8 Block 5, as
shown on Exhibit B attached hereto.
B. Waiver from the front yard setback of 30 feet to 25 feet as shown on Exhibit
B attached hereto.
C. Waiver from the minimum setyard setback of 10 feet to 5 feet for side yards
as shown on Exhibit B attached hereto.
D. Street frontage waiver from 70 feet to 45 feet as shown on Exhibit B,
attached hereto.
4. Except as otherwise provided herein, all of the terms of, and obligations described in,
the Laukka-Jarvis Developer's Agreement shall continue in full force and effect.
7
CITY COUNCIL AGENDA Date: May 6, 1997
Section: Consent Calendar
Department:p~ Item Description: Waste Hauling Contract with Item No.:
Stuart A. Fox, Mana r of Hennepin County :LV H,
Parks & Natural Resources
Last week the City of Eden Prairie received a contract from Hennepin County Public Works to
reduce the City cost for waste disposal. This contract reduces the dumping fee from $60/per ton to
$49/per ton. This is a cost savings to the City of $19/per ton and over a year will save several
thousand dollars.
This contract was offered to the City because of the regularity of which we haul trash. The County
is looking at this type of pennit with all waste haulers in an effort to keep track of the volume of
waste and which community it comes from.
The staffhas been assured by Hennepin County officials that even if the status were to change within
the next few years by undertaking this contract the City will save money and is not obligated to resign
a contract should our garbage disposal process change.
SAF:mdd
Waste/Stuart96
I
Contract No A 11207
AA Code -:--_=-_
Vendor No. *000016703
MUNICIPAL RECYCLING GRANT AGREEMENT
THIS AGREEMENT is by and between the COUNTY OF HENNEPIN, STATE OF
MINNESOTA, hereinafter referred to as the "County", through its Environmental Management
Division, 417 North Fifth Street, Minneapolis, Minnesota 55401, and the CITY OF EDEN
PRAIRIE, hereinafter referred to as the "City", 8080 Mitchell Road, Eden Prairie, Minnesota
55344.
WITNESSETH:
WHEREAS, the County Board, by Resolution No. 97-4-200, on the 15th day of April
1997, authorized funding for Municipal Recycling Programs from January 1, 1997, through
December 31, 1997, and
WHEREAS, said Recycling Program is consistent with Minnesota Statutes, Section
115A.02 and 115A.03, as amended by the Laws of Minnesota 1992, Chapter 685, and
Minnesota Statutes 473.8011; the Office of Environmental Assistance Solid Waste
Management Development Guide/Policy Plan; Hennepin County's Solid Waste Master Plan;
and Hennepin County's Residential Recycling Funding Policy.
NOW THEREFORE, the County and the City agree as follows:
I. SERVICES TO BE PROVIDED
1 . The City will operate its recycling program as more fully described in the Grant
Application, Attachment A, which is incorporated and made part of this Agreement.
2. In addition to the services as referred to above, the City agrees:
a. The City must recycle 18 percent of its residential waste stream. If the City fails to
achieve this percentage goal, it will be required to submit a plan for County approval
to increase abatement within 90 days of the submittal of the municipal year-end
report.
b. At a minimum, the City shall collect the following materials at curbside:
1. Newspaper and advertising supplements;
2. Corrugated cardboard;
3. Clear, brown, and green glass food and beverage containers;
4. Metal food and beverage cans;
5. All plastic bottles with a neck except bottles that previously contained hazardous
materials or motor oil; and
6. Magazines and catalogs
c. The City shall submit on forms provided by the County, a Semi-Annual Report and a
Final Report which summarizes the major outcomes of its recycling program. The
Semi-Annual Report will cover the first six months of the calendar year and shall be
submitted by August 15, 1997. The Final Report covers the entire year and shall be
submitted by February 15, 1998.
d. All SCORE funds accepted from the County shall be used for waste reduction and
recycling capital and operating expenses in the year granted; the City shall not retain
any SCORE funds in excess of actual program expenses; and any unused funds shall
be returned to the County.
e. The City may not charge its residents through property tax, utility fees or any other
method for that portion of the costs of its recycling program which is funded by
County SCORE funds.
1. The City shall establish a separate accounting mechanism, such as a project
number, activity number, cost center or fund that will separate recycling revenues
and expenditures from all other municipal activities, including solid waste and yard
waste activities.
g. All recycling and waste reduction activities, revenues and expenditures
are subject to audit by the County.
h. The City must measure the set-out participation rate of its residents in curbside
recycling during the month of October. The method used for measuring
participation must be as submitted on the Grant Application.
i. If the City does not contract for curbside'services, the City will receive SCORE
funds provided that at least 90% of the SCORE funds are credited back to
residents and the City meet all minimum program requirements. The additional
10% of SCORE funds may be used for City administrative and promotional
expenses.
j. The City's municipal solid waste programs must be consistent with Minnesota
Statutes, the County's Solid Waste Management Master Plan and all County
ordinances.
II. TERM OF THIS AGREEMENT
This Agreement shall commence on January 1, 1997, and terminate on December 31, 1997.
III. METHOD OF COMPENSATION
1. The County will distribute SCORE funds to the Cities only to the extent the County has
received such funds from the State of Minnesota. The City will receive SCORE funds per
the the formula below:
2
3
# of Households
Served Curbside
by City
Total # of
Households
Serviced Curbside
in County
x
Total SCORE
Revenue
Received by
County
from State of
Minnesota
=
SCORE funds
Distributed
to City
The County shall pay the City an annual amount not-to-exceed $144,897. This amount is
based upon previous SCORE fund amounts received by the County. Under no circumstances
will the County's obligation of SCORE monies distribution exceed the· City's proportion of
SCORE revenues received by the County.
2. The County receives SCORE funds twice a year from the State of Minnesota. The County
intends to distribute to the City its share of SCORE funds twice a year. The first distribution
of SCORE funds will be made to the City following the receipt and approval of the City's Final
Report for 1996. The second distribution will be made following the receipt and approval of
the City's Semi-Annual Report for 1997.
IV. HOLD HARMLESS AGREEMENT
Consistent with the specific limits, exclusions, and conditions expressed in Minnesota
Statutes, Chapter 466, the City agrees to defend, indemnify, and hold harmless the
COUNTY, its elected officials, officers, agents, volunteers, and employees from any liability,
claims, causes of action, jUdgments, damages, losses, costs, or expenses, including
reasonable attorney fees, resulting directly or indirectly from any act or omission of the City,
its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose
acts and/or omissions they may be liable in the performance of the services required by this
contract, and against all loss by reason of the failure of the City to perform fully, in any
respect, all obligations under this contract.
V. INSURANCE
1. In order to protect the City and those listed above under the indemnification provisions,
the City agrees at all times during the term of this Agreement and beyond such term
when so required, to have and keep in force insurance, either under a self-insurance
program or insurance policies as follows:
3
a. Commercial General Liability with the following coverages. Contractual Liability
coverage must be included.
General Aggregate
Products-Completed Operations Aggregate
Personal and Advertising injury
Each Occurrence -Combined Bodily Injury and
Property Damage
Fire Damage -Any One Fire
b. Automobile Liability covering owned, non-owned,
and hired automobiles or "Any Auto":
Combined Bodily Injury and Property Damage -
Each Occurrence
c. Workers' Compensation and Employers' Liability
1) Workers' Compensation.
2) Employers' Liability.
Bodily Injury by:
Accident -Each Accident
Disease -Policy Limit
Disease -Each Employee
Limits
$600,000
600,000
600,000
600,000
100,000
600,000
Statutory
100,000
500,000
100,000
An umbrella or excess policy over primary liability coverages is an acceptable method
to provide the required insurance limits.
2. The above establishes minimum insurance requirements. It is the sole responsibility of
the City to determine the need for and to procure additional coverage which may be
needed in connection with this Agreement. If the City does not have a self-insurance
program, the City shall not commence work until the City has obtained the required
insurance and filed with the County an acceptable certificate of insurance. The
certificate shall:
•
Name Hennepin County as certificate holder and as an additional insured for all liability
coverages (except Workers' Compensation and Employers' Liability).
List any exceptions to the insurance requirements
Be amended to (1) show that Hennepin County will receive 30 days written notice in
the event of cancellation, non-renewal, or material change in any described policies,
and (2) delete the wording: "endeavor to" and "but failure to provide such written
notice shall impose no obligation or liability of any kind upon the company, its agents
or representatives."
4
3. The City shall require that each of its subcontractors, while performing services in the
operation of the city's recycling program, have and keep in force insurance as follows:
a. Commercial General Liability to include the following coverage and limits of insurance.
Contractual Liability coverage must be included.
General Aggregate
Products-Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence -Combined Bodily Injury and
Property Damage
Fire Damage -Any One Fire
b. Automobile Liability covering owned,
non-owned, and hired automobiles or "Any Auto":
Combined Bodily Injury and Property Damage -
Each Occurrence
c. Workers' Compensation including Employers' Liability.
1) Workers' Compensation.
If the Contractor is based outside the State
of Minnesota, coverage must apply to Minnesota
laws.
2) Employers'Liability. Bodily Injury by:
Accident -Each Accident
Disease -Policy Limit
Disease -Each Employee
Limits
$1,000,000
1,000,000
1,000,000
1,000,000
100,000
1,000,000
Statutory
100,000
500,000
100,000
An umbrella or excess policy over primary liability coverages is an acceptable method to
provide the required insurance limits.
A certificate of insurance naming the City as certificate holder and as an additional insured
shall be filed with the City prior to commencement of operations.
VI. NON-ASSIGNMENT OF SERVICES
It is agreed that nothing herein contained is intended, or should be construed in any manner
as creating or establishing the relationship of co-partners between the parties hereto, or as
constituting the City as the agent, representative, or employee of the County for any purpose
in any manner whatsoever. The parties are to be and shall remain independent with respect
to all services performed under this Agreement. The City represents that it has, or will
secure at its own expense, all personnel required for performing services under this
Agreement. Any and all personnel of the City, or other persons, while engaged in the
performance of any work or services required by the City, under this Agreement, shall have
no contractual relationship with th~ County, and shall not be considered employees of the
5
County, and any and all claims that mayor might arise under the Workers' Compensation Act
of the State of Minnesota on behalf of said personnel or other persons while so engaged, and
any and all claims whatsoever on behalf of any such person or personnel arising out of
employment or alleged employment including, without limitation, claims of discrimination
against the City, its officers, agents, contractors, or employees, shall in no way be the
responsibility of the County; and the City shall defend, indemnify, and hold the County, its
elected officials, officers, agents, and employees harmless from any and all such claims
regardless of any determination of any pertinent tribunal, agency, board, commission, or
court. Such personnel or other persons shall not require, nor be entitled to any compensation
rights, or benefits of any kind whatsoever from the County, including, without limitation,
tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation,
Unemployment Compensation, disability, severance pay, and PERA.
VII. COMPLIANCE WITH LAWS
The City agrees to comply with all applicable state and federal statutes, regulations, and
ordinances pertaining to solid waste management and recycling including, but not limited to,
the applicable provisions in Minnesota Statutes, Chapter 115A and 473.801 et.al.
VIII. AFFIRMATIVE ACTION
The City and its contractors shall follow the City's Affirmative Action· policy against
discrimination.
Hennepin County shall follow its Affirmative Action policy against discrimination.
IX. DATA PRIVACY
The City agrees to abide by the provisions of the Minnesota Government Data Practices Act
and all other applicable state and federal laws, rules and regulations relating to data privacy
or confidentiality, and as any of the same may be amended. The City agrees to defend and
hold the County, its officers, agents and employees harmless from any claims resulting from
the City's unlawful disclosure and/or use of such protected data.
X. RECORD AVAILABILITY
The City agrees that the County, the State Audito~ or any of their duly-authorized
representatives, at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and
transcribe any books, documents, papers, records, etc., which are pertinent and involve
transactions relating to this Agreement. Such material must be retained for five (5) years by
the City. The City's accounting practices and procedures relevant to this Agreement shall
also be subject to examination by any or all of the aforesaid persons as often as and during
such times as aforesaid.
6
1
XI. MERGER AND MODIFICATION
It is understood and agreed that the entire Agreement between the parties is contained herein
and that this Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof. All items referred to in this Agreement are incorporated
or attached and are deemed to be part of this Agreement. Any material alteration or
modification of this Agreement shall only be valid when reduced to writing as an Amendment
to this Agreement and signed by both parties.
XII. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations concerning
the validity and construction of this Agreement and the legal relations between the herein
parties and performance under it. The appropriate venue and jurisdiction for any litigation
hereunder will be those courts located within the County of Hennepin, State of Minnesota.
Litigation, however, in the federal courts involving the herein parties will be in the appropriate
federal court within the State of Minnesota. If any provision of this Agreement is held invalid,
illegal or unenforceable, the remaining provisions will not be affected.
XIII. TERMINATION
This Agreement may be terminated by either party by written notice to the other party at
least thirty (30) days prior to the specified effective date of termination. In addition, the
County shall have the right to terminate this Agreement on ten (10) days' written notice if
the City's performance is not timely or is substantially unsatisfactory or if the City has
violated any of the covenants, agreements, or stipulations in this Agreement.
Notwithstanding the above, the City shall not be relieved of liability to the County for
damages sustained by the County by virtue of any breach of the Agreement by the City. The
County may withhold any payment to the City for the purposes set forth until such time as
the exact amount of damages due the County from the City is determined. In the event the
County does not receive any SCORE funds, this Agreement will be terminated upon written
notice by the County.
XIV. CONTRACT ADMINISTRATION
In order to coordinate the service of the City with the activities of the Environmental
Management Division so as to accomplish the purposes of this contract, Bob Thomas,
Problem Materials & Recycling Program Manager, will manage this contract on behalf of the
County and will serve as liaison between the County and the City.
XV. CONTINUATION OF OBLIGATION
The obligations and/or warranties of the City and the County shall survive the performance
and cancellation or termination of this Agreement.
7
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized representatives as to this __ day of , 1997.
Approved as to form:
Assistant County Attorney Date: ____________________ ___
Approved as to execution:
Assistant County Attorney
Date: ____________________ _
Approved as to execution:
City Attorney
Date: __________________________ ___
CHECK ONE: Charter
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By: _______________________ __
Randy Johnson
. Chair of Its County Board
And: _______________ _
County Administrator
ATTEST: _________________ ~-
Deputy/Clerk of the County Board
CITY OF __________ _
STATE OF MINNESOTA
By: ________________ _
Jean L. Harris
Title: Mayor
And: -----------------------------Carl J. Jullie
Title: Cj ty Manager
And: _______________________ __
(Title)
Option A __ Option B __ _
8
DATE: 05/06/97
EDEN PRAlRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
ITEM NO: IJll,
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Release .of Land from Special Assessment Agreement for property within the
Jeffrey Johnson Flagship Addition
Recommended Action:
Staff recommends that the City Council approve release of land from special assessment
agreement and authorize the Mayor and City Manager to sign the release.
Background:
In 1982 the City entered into a special assessment agreement with major property owners of land
abutting Prairie Center Drive for the construction of utilities and Prairie Center Drive. This
agreement was recorded at Hennepin County and appears on the title of affected properties.
Staff was contacted recently by a law fIrm requesting that the City release this agreement. The
assessments have been levied against each of the affected parcels, therefore; it is appropriate and
timely to release this agreement.
J
RELEASE OF LAND
This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal
corporation ("City"), and is dated as of _______ _
FACTS
1. A certain Agreement Regarding Special Assessments ("Agreement") dated
December 7, 1982, was executed by and between the City, Smaby Investment Company, a
limited partnership, Bermal Investment Company, a limited partnership, Richfield Bank and
Trust Company, a Minnesota corporation, John K. Ternan and Jean M. Ternan, and First
National Bank of Minneapolis, a United States corporation, which Agreement was med as
Document No. 1497690 with the Registrar of Titles on January 18, 1983.
The Agreement related to the property described therein as:
PARCELl:
That part of the south 112 of the northwest 114 of Section 14, Township 116,
Range 22 lying south of the north 590 feet thereof except that part thereof
embraced in Registered Land Survey No. 687 and except that part of the north
50 feet of above described land lying west of the east 870 feet of said northwest
114, according to the Government Survey thereof, and except the Preserve
Commercial Park North.
PARCELll:
The north 590 feet of the south 112 of the northwest 114 of Section 14, Township
116, Range 22 except the south 400 feet of the east 200 feet thereof and except
the south 50 feet of the west 670 feet of the east 870 feet of the north 590 feet
of the south 112 of the northwest 114 of said section and except the south 171 feet
of the north 190 feet of the east 220 feet of the south 112 of the northwest 114 of
said section.
Above described property has subsequently been platted into Flagship Addition and
Walmart 2nd Addition, Eden Prairie, Minnesota.
2. The special assessments contemplated by the Agreement have been levied and the
time for appeal has expired.
3. To evidence the fact that the special assessments have been levied and the time
for appeal has expired, the City is executing this Release of Land.
THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby
releases the Property described above from all obligations and conditions set forth in the
Agreement Regarding Special Assessments dated December 7, 1982 filed with the Registrar of
Titles as Document No. 1497690 on January 18, 1983. This Release of Land shall not release
or discharge the Property from the lien of any special assessments levied by the City pursuant
to the Agreement.
IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing
instrument.
CITY OF EDEN PRAIRIE
A Municipal Corporation
BY: ------------------------------Jean L. Harris
Its Mayor
STATE OF MINNESOTA )
) ss
HENNEPIN COUNTY )
BY: ---------------------Carl J. Jullie
Its City Manager
The foregoing instrument was acknowledged before me this __ day of ___ _
1997, by Jean L. Harris and Carl J. Jullie, the Mayor and City Manager of the City of Eden
Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said
corporation.
NOtary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
#7 --Release. C
RFRIO 1-14-88
DATE: 05/06/97
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO:
SECTION: Consent Calendar
1\}J.
DEPARTMENT: ITEM DESCRIPTION: I.C. 97-5438
Engineering Division Approve Construction Plans and a Construction and Operation Agreement
Rodney W. Rue with Hennepin County for a temporary traffic signal at the intersection of
CSAH 1 (pioneer Trail) and CSAH 4 (Spring Road/Mitchell Road)
Recommended Action:
Motion to approve resolution approving construction plans and a construction and operation
agreement with Hennepin County for the temporary signal system at CSAH 1 (Pioneer Trail)
and CSAH 4 (Spring Road/Mitchell Road).
Overview:
Recently, Hennepin County approved the placement of a signal at this intersection and was
willing to provide the design for this temporary signal system at no cost to the City. They have
completed the construction plans and it is now the City's obligation to get the project bid and
installed. We are proposing to relocate the existing temporary signal system at Prairie Center
Drive/Technology Drive to this new location.
Financial Issues:
The construction and operation agreement identifies the City's obligations for the installation of
the temporary signal system at the CSAH 1/CSAH 4 intersection. The City of Eden Prairie will
be responsible for 100% of the construction costs of the signal installation (estimated at
$45,000), as well as the contract administrative costs (estimated at $6,800). The City will be
given a credit for 50 % of the construction costs once a permanent signal system is installed at
this intersection. In addition, we will receive all salvageable signal equipment from this system
after the permanent signal is installed. We are proposing to use State-Aid Funds to finance this
entire project.
We hereby recommend approval of the construction plans and the construction and operation
agreement with Hennepin County for the installation of a temporary traffic signal system at the
CSAH 1 (pioneer Trail) and CSAH 4 (Spring Road/Mitchell Road) intersection at an estimated
cost of $45,000.
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
APPROVAL OF CONSTRUCTION PLANS AND
A CONSTRUCTION AND OPERATION AGREEMENT FOR
A TEMPORARY TRAFFIC SIGNAL SYSTEM AT CSAH 1 (pIONEER TRAIL) AND
CSAH 4 (SPRING ROAD/MITCHELL ROAD)
I.C. 97-5438
WHEREAS, Hennepin County has prepared construction plans for the construction of a
temporary traffic signal at the CSAH 1 (pioneer Trail) and CSAH 4 (Spring Road/Mitchell
Road) intersection within the corporate boundaries of the City of Eden Prairie.
WHEREAS, a Construction and Operation Agreement has been prepared by Hennepin County
which identifies the maintenance and [mancial obligations for the construction of said
improvements.
NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Eden Prairie that
said Construction Plans and the Construction and Operation Agreement No. PW 14-49-97 for
the County Project No. 9710 (City Project No. 97-5438) are hereby approved and the Mayor
and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie.
ADOPTED by the Eden Prairie City Council on May 6, 1997.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
Agreement No. PW 14-49-97
County Project No. 9710
County State Aid Highway Nos. 1 & 4
City of Eden Prairie
County of Hennepin
AGREEMENT FOR THE CONSTRUCTION AND OPERATION
OF TEMPORARY TRAFFIC CONTROL SIGNAL SYSTEM
AGREEMENT, Made and entered into this day of
19 ___ , by and between the County of Hennepin, a body politic and corporate
under the laws of the State of Minnesota, hereinafter referred to as the
"County" and the City of Eden Prairie, a body politic and corporate under the
laws of the State of Minnesota, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, It is considered mutually desirable to install a temporary
traffic control signal system at the intersection of County State Aid Highway
No. (CSAH) 1 (Pioneer Trail) with CSAH 4 (Spring Road/Mitchell Road) within
the City limits; and
WHEREAS, Said traffic control signal system described immediately above,
shall be identified and accomplished under Hennepin County Project No. 9710
hereinafter referred to as the "Project"; and
WHEREAS, The County will prepare the construction plans for said Project;
and
WHEREAS, The City shall prepare the specifications for said Project; and
WHEREAS, The City has equipment and components available and is willing
to contribute them to this signal installation; and
WHEREAS, The City has requested that the County approve said
specifications and authorize the City to perform the work in accordance with
the above referenced plans and specifications; and
WHEREAS, It is contemplated that said work be carried out by the parties
hereto under the provisions of Minnesota Statutes 1992, Section 162.17,
Subdivision 1 and Section 471.59.
- 1 -
~
NOW THEREFORE, IT IS HEREBY AGREED:
I
Agreement No. PW 14-49-97
CSAH's 1 & 4; C.P. 9710
The City shall advertise and receive bids and enter into a contract for
said Project with the successful bidder at the unit prices specified in the
bid of such bidder, according to law in such case provided for Cities. The
City shall provide the County with a copy of the abstract of bids for said
Project.
The contract will include the plans prepared by the County and the
specifications prepared by the City and approved by the County, which said
plans and specifications are by this reference made a part hereof.
II
The City shall apply for, obtain and comply with, at its sole cost and
expense, all permits and approvals from all other governmental and regulatory
agencies as may be required to accomplish this Project. Said permits and
approvals shall be obtained prior to the start of any construction and made
available to the County upon request.
III
The equipment that the City specifies in the specifications shall be
compatible with the County signal system. The County will not stock
replacement parts which are not common to equipment in use in the County
signal system.
IV
Prior to beginning construction, the City shall furnish the County with
two (2) complete sets of specifications.
V
The City agrees to notify the County Engineer or his designated
representative three (3) days in advance of the date, time and location of the
Project preconstruction conference.
VI
The City or its agents will administer the contract and inspect the
construction of the contract work contemplated herewith. All work on CSAH 1
- 2 -
Agreement No. PW 14-49-97
CSAH's 1 & 4; C.P. 9710
and CSAH 4 shall be completed in compliance with the plans and specifications.
The County Engineer or his staff shall have the right, as the work progresses,
to enter upon the premises to make any inspections deemed necessary.
VII
The costs for a 11 work performed by the City and its agents, inc 1 ud i ng
the contract administration and the acquisition costs of all right of way,
required for the construction of said Project as provided herein shall be
borne 100% by the City. The estimated contract construction cost of said
Project is Forty Five Thousand Dollars and No Cents ($45,000.00).
In accordance with Hennepin County's "Policies For Cost Participation
Between Hennepin County and Other Agencies For Cooperative Highway Projects"
dated November 9, 1993, the City will receive credit for fifty (50) percent of
the contract construction cost of the temporary traffic signal when a
permanent traffic signal is installed at the same intersection.
VIII
The City shall supply all equipment and components including the
controller, control equipment and control cabinet necessary for the
installation of said temporary signal system. The value of the equipment and
components supplied by the City will not be included in the aforementioned
credit .
When a replacement signal system is installed at this intersection, all
salvaged materials shall be returned to the City.
IX
The City shall install or cause the installation of an adequate three
wire, 120/240 volt, single phase, alternating current electrical power
connection to the traffic control signals and integral street lights included
in the contract at the sole cost and expense of the City. Further, the City
shall provide the electrical energy for the operation of the said traffic
control signals and integral street lights at the sole cost and expense of the
City.
X
The City shall notify the County a minimum of one (1) week prior to the
- 3 -
Agreement No. PW 14-49-97
CSAH's 1 1 4; C.P. 9710
date of signal turn on. The County's Traffic Operations Engineer or his
designated representative must be present at the time the signal systems are
turned on.
The County hereby reserves the right to perform final inspection of the
system at the time of energizing and also the right to require any
modifications prior to approving the system for operation. No signal system
may be placed in operation without approval of the County.
XI
The County, at its own cost and expense, will revise the signs at this (
intersection as necessary for the installation of said signal system. It is
the City's responsibility to keep the County informed regarding the progress
of the Project. Signing revisions shall be coordinated with the completion of
the Project.
XII
All extra work orders or changes in the plans during construction of said
Project shall be subject to the approval of the County Engineer or his
designated representative prior to performing the work in accordance with such
extra work orders or changes in the plans.
XIII
Upon completion of the Project the City or its agents shall furnish the
County with one (1) complete set of reproducible (mylar) as-built plans and an
additional set of paper as-built signal plans and wiring diagrams. Said plans
and diagrams shall all be on 22" X 34" medium and furnished at no cost to the
County.
XIV
The City shall not revise by addition or deletion, nor alter or adjust
any component, part, sequence, or timing of the aforesaid traffic control
signals; however, nothing herein shall prohibit prompt, prudent action by
properly constituted authorities in situations where a part of such traffic
control signals may be directly involved in an emergency.
XV
Upon completion of this Project, the County shall, at its sole cost and
- 4 -
Agreement No. PW 14-49-97
CSAH's 1 & 4; C.P. 9710
expense, thereafter maintain and repair said traffic control signals.
Further, the County, at its expense, shall maintain 110 volt power to the line
side of the fuse in the base of the signal poles for the integral street
lights. The City, at its expense, shall maintain the fuse, the luminaire and
the wire to the load side of the fuse in the base of the signal poles.
XVI
Each party agrees that it will be responsible for its own acts and the
results thereof, to the extent authorized by the law, and shall not be
responsible for the acts of the other party and the results thereof. The
County's and the City's liability is governed by the provisions of Minnesota
Statutes, Chapter 466.
The County and the City each warrant that they are able to comply with
the aforementioned indemnity requirements through an insurance or self-
insurance program.
The City also agrees that any contract let by the City or its agents for
the performance of the work on CSAH's 1 and 4 as provided herein shall include
clauses that will: (1) Require the Contractor to defend, indemnify, and save
harmless the County, its elected officials, officers, agents, volunteers and
employees from any liability, claims, causes of action, losses, demands,
damages, judgments, cost~, interest, expenses (including, without limitation,
reasonable attorney's fees, witness fees, and disbursements incurred in the
defense thereof) arising out of or by reason of the negligence of the said
Contractor, its subcontractors, anyone directly or indirectly employed by
them, and/or anyone for whose acts and/or omissions they may be liable for.
(2) Require the Contractor to be an independent contractor for the purposes of
completing the work provided for in this Agreement. (3) Require the
Contractor to provide and maintain insurance in accordance with the following:
1. Workers' Compensation including
-Bodily Injury by Accident
-Bodily Injury by Disease
Employers' Liability Insurance:
$100,000 each accident
$500,000 policy limit/
$100,000 each employee
Note: An all states endorsement is required if the Contractor is
- 5 -
1
based outside the State of Minnesota.
Agreement No. PW 14-49-97
CSAH's 1 & 4; C.P. 9710
2. Commercial General and Automobile Liability Insurance:
(A) Commercial General Liability:
-Combined Bodily Injury and Property Damage:
-Each Occurrence Limit $1,000,000
-General Aggregate Limit $1,000,000
-Products--Completed Operations
Aggregate Limit $1,000,000
-Personal and Advertising Injury
Limit $1,000,000
-Coverages above shall also include:
-Premises--Operations
-Contractual Liability (including oral and written
contracts)
-Exp los i on, Co 11 apse, Underground Property Damage (XCU)
(B) Automobile Liability including Hired Car and Employers Non-
Ownership Liability:
-Combined Bodily Injury and Property Damage:
Each Occurrence Limit $1,000,000
The above subparagraphs establish minimum insurance requirements, and it
is the sale responsibility of the City's Contractor to purchase and maintain
additional insurance that may be necessary for the Project.
All insurance policies shall be open to inspection by the County and
copies of policies shall be submitted to the County upon written request.
XVII
It is further agreed that any and all employees of the City and all other
persons engaged by the City in the performance of any work or services
required or provided for herein to be performed by the City shall not be
considered employees of the County, and that any and all claims that mayor
- 6 -
~
Agreement No. PW 14-49-97
CSAH's 1 & 4; C.P. 9710
might arise under the Workers' Compensation Act or the Minnesota Economic
Security Law on behalf of said employees while so engaged and any and all
claims made by any third parties as a consequence of any act or omission on
the part of said employees while so engaged on any of the work or services
provided to be rendered herein shall in no way be the obligation or
responsibility of the County.
Also, any and all employees of the County and all other persons engaged
by the County in the performance of any work or services required or provided
for herein to be performed by the County shall not be considered employees of
the City, and that any and all claims that mayor might arise under the
Workers' Compensation Act or the Minnesota Economic Security Law on behalf of
said employees while so engaged and any and all claims made by any third
. parties as a consequence of any act or omission on the part of said employees
while so engaged on any of the work or services provided to be rendered herein
shall in no way be the obligation or responsibility of the City.
XVIII
In order to coordinate the services of the County with the activities of
the City so as to accomplish the purposes of this Agreement, the Hennepin
County Engineer or his designated representative shall manage this Agreement
on behalf of the County and serve as liaison between the County and the City.
In order to coordinate the services of City with the activities of the
County so as to accomplish the purposes of this Agreement, the City's Director
of Public Works or his designated representative shall manage this Agreement
on behalf of the City and serve as liaison between the City and the County.
XIX
It is understood and agreed that the entire agreement between the parties
is contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof. All
items referred to in this Agreement are incorporated or attached and are
deemed to be part of this Agreement.
Any alterations, variations, modifications, or waivers of provisions of
this Agreement shall only be valid when they have been reduced to writing as
an amendment to this Agreement signed by the parties hereto.
- 7 -
q
XX
Agreement No. PW 14-49-97
CSAH's 1 l 4; C.P. 9710
The provisions of Minnesota Statutes 181.59 and of any applicable local
ordinance relating to civil rights and discrimination and the Affirmative
Action Policy statement of Hennepin County shall be considered a part of this
Agreement as though fully set forth herein.
- 8 -
10
Agreement No. PW 14-49-97
CSAH's 1 l 4; C.P. 9710
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be
executed by their respective duly authorized officers as of the day and year
first above written.
CITY OF EDEN PRAIRIE
(Seal) By:~ ___________ _
Mayor
Date: ____________ _
And:. ____________ _
Manager
Date: ____________ _
COUNTY OF HENNEPIN
ATTEST:
By: =----:-___:_=-=----:-____:::-:-:--=------:----=~~ Deputy/Clerk of the County Board
Date: ___________ _
APPROVED-AS TO FORM:
( If) -7/([)
By: .,~, tllf~/lU r I~/\ /
As·si stant pOur}:t.Y ,Aytorney
t/ / /// / // h .. / I~/i/ ,/ ') ~ Date: / //;' / II . -:..2-3
L/i/~ .. · / I
APPROVED AS TO EXECUTION:
By:~~--~--~-----Assistant County Attorney
Date: ____________ _
By:~~~~____::~~~-~----Chair of its County Board
Date: ____________ _
And:_~~~~~____:_~~~____:_~---Assistant/County Administrator
Date: _____________ _
And: ___ ~-~___:_-~~~~____:_
Director, Department of Public Works
and County Engineer
Date: ____________ _
RECOMMENDED FOR APPROVAL
By : =--__ ~-:----=-:--:--:-____::=---:---
Transportation Division Engineer
Date: _________________ _
- 9 -
1/
DATE: 05/06/97
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
ITEM NO: 1JJ~ K ,
DEPARTMENT: ITEM DESCRIPTION: I.C. 97-5438
Engineering Division Approve Informal Professional Services Agreement with Westwood
Rodney W. Rue Professional Services for Installation of a Temporary Traffic Signal at CSAH
1 (Pioneer Trail) and CSAH 4 (Spring Road/Mitchell Road)
Recommended Action:
Motion to approve informal professional services agreement with Westwood Professional
Services for installation of a temporary traffic signal system at the CSAH 1 (pioneer Trail) and
CSAH 4 (Spring RoadlMitchell Road) intersection.
Primary Issues:
Hennepin County has prepared the construction plans for this temporary signal system at no cost
to the City. However, bidding documents need to be prepared and construction administrative
services need to be provided by the City of Eden Prairie.
Financial Issues:
This informal Professional Services Agreement from Westwood Professional Services provides
for specification preparation and construction administrative services for the installation of this
temporary signal system at an estimated cost of $6,802. We propose to use State Aid Funds to
finance this entire project.
We hereby recommend approval of the informal Professional Services Agreement with
Westwood Professional Services for the installation of a temporary traffic signal system at the
CSAH l/CSAH 4 intersection in the amount of $6,802.
I
Westwood Professional Services. Inc.
April 22, 1997
Mr. Rodney W. Rue, P.E.
Assistant City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-2230
14180 Trunk Hwy. 5
Eden Prairie. MN 55344
612·937·5150
FAX 612·937·5822
RE: Traffic Signal at C.S.A.H. 1 and C.S.A.H. 4 (East Junction)
Dear Rod:
Westwood is pleased to present this proposal for engineering services for installation of a temporary
traffic signal at the intersection of C.S.A.H. 1 and C.S.A.H. 4 (East Junction). The new signal has
been designed by Hennepin County staff and will utilize materials from the temporary signal that
was formerly operating at Prairie Center Drive and Technology Drive. Westwood's role will be to
produce the specification and then assist in the bidding and construction implementation.
We propose to conduct the work on an hourly basis, with the fee for each major task to not exceed
the budget on the attached spreadsheet.
ACCEPTANCE OF PROPOSAL
Westwood is prepared to begin work on this project as soon as we receive our notice to proceed.
To initiate work, we request that you sign and return one copy of this proposal, approving its terms.
We shall then begin work immediately. Thank you again for the opportunity to submit this proposal.
Sincerely,
CONDITIONS ACCEPTED BY:
WESTWOOD PROFESSIONAL SERVICES, INC. CITY OF EDEN PRAIRIE
mk", 5-~~w\cI'"
Allan S. Klugman, P.E.
Principal, Transportation Services Signed
Title
Date
Signed
Title
Date
Attachments: Current Fee Schedule
Westwood Professional Services. Inc. is an equal opponunity employer.
<,.).)
Westwood Professional Services, Inc.
Scope of Services Estimate
Traffic Engineering Services
CSAH 1 and CSAH 4 (East Junction)
Eden Prairie, Minnesota
Task 1.0 Prepare Specifications
1.1 Prepare Specifications
Task 2.0 Provide Construction Administration
2.1 Assist in Bidding/Award Process
2.2 Conduct Construction Staking and Observation
2.3 Prepare and Implement Signal Timing
2.4 Prepare Contractor Payments
-~
2.5 Prepare and Submit Record Drawings
Total Labor Hours
Hourly Rates
Jotal Labor Cost Estimate for Project
Summary of Costs by Task
Task 1.0 I Prepare Specifications
Task 2.0 I Provide Construction Administration
Total Project Cost
CSAH 1 and CSAH 4.xls
4/22/97
I
Principal
Engineer
12
8
12
4
2
38
$94.00
$3,572.00
$1,128.00
$5,674.00
$6,802.00
Labor Hours !
Senior Senior Traffic Tech .IConstr. Technician Total Hours i Engineer Coordinator Specialist
12
8
40 52
6 6
2 6
4 6
6 40 4 2 90
$82.00 $61.00 $52.50 $44.00
$492.00 $2,440.00 __ ~210.Q<L L __ ~88.00 $6,802.00
----------
Westwood Professional Services, Inc.
FEE SCHEDULE FOR PROFESSIONAL SERVICES
1997
'" 14180 West Highway 5
Eden Prairie, MN 55344
Phone: 612-937-5150
Fax: 612-937-5822
Toll Free: 1-888-937-5150
Email: wps@westwoodps.com
The following is the fee schedule for all work performed under an hourly per diem agreement. Charges for
Other Direct Costs, Outside Services, and facilities furnished by Westwood are computed on the basis of
actual cost plus 15 percent.
Classification Hourly Rate
Sr. Principal. ................................................................................................................... 115.00
Principal, Sr. Associate .................................................................................................... 94.00
Sr. Project Engineer, Traffic Engineer, Sr. Planner/Economic Development ................. 82.00
Registered Surveyor, Engineer, Sr. Planner/L.A., Sr. Environmental Scientist ............... 70.00
Project Coordinator.: ........................................................................................................ 75.00
Sr. Construction Coorainator, Survey Coordinator ....................................................... ,. 61.00
Sr. Design Technician, Environmental Scientist .............................................................. 61.00
Design Engineer, Surveyor .............................................................................................. 59.00
Computer Draftsperson, Crew Chief ............................................................................... 52.50
Graduate Engineer, Planner/LA ....................................................................................... 50.50
Engineering Technician, Survey Technician .................................................................... 47.00
Instrument Person ........................................................................................................... 41.00
Associate Planner/L.A ...................................................................................................... 42.00
Traffic Specialist. ............................................................................................................. ~.OO
Word Processing, Engineering Aide ................................................................................ 36.00
Expert Witness -Court AppearancelDeposition ........................................................... 2 x rate
• No charge for mileage within the Twin City Metro area
• No charge for in-house computer or plotter time (excluding color graphic plotting)
There is a finance charge of 1.25% per month (15% annual percentage rate) applied to all charges which have become more than 30 days past due based on billing date shown on
original invoice.
4
DATE: 05/06/97
EDEN PRAIRIE CITY COUNCIL AGENDA
Consent Calendar
ITEM NO: 1J/. L .
SECTION:
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Revise Permit Fees for Right-of-Way Excavations
Alan Gray
Recommended Action:
Adopt resolution amending Resolution 97-1, Section 2.22 which establishes permit fees for right-
of-way excavations.
Overview:
Historically, the City has charged a nominal permit fee to utility companies and contractors
performing excavations to install facilities within the public right-of-ways. Recent analysis
shows that permit fees collected fall significantly short of the City's administrative cost.
Currently there is no difference in the permit fee for small and large projects. In 1996
approximately 250 individual permits were issued and $5,000 in permit fees were collected. We
estimate that direct salary cost associated with reviewing permit applications and dealing with
field issues was approximately $15,000.
Fmancial Issues:
We are proposing a revised permit fee which results in a fee proportionate to the size of the
project and charges a larger fee for spot excavations involving pavement areas as opposed to turf
areas of right-of-way. We estimate that if this fee schedule were in affect in 1996 it would have
raised approximately $14,000. These proposed revisions should adjust revenue closer to the cost
of production.
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 97-1
REGULATING FEES AND CHARGES
FOR MUNICIPAL SERVICES
BE IT RESOLVED that Section 2.22 is revised to read as follows:
2.22 Permit for Right-of-Way Excavations
Mainline Utility and Telecommunication
Installations
Repair or Service Excavation
Residential Driveway
Commercial Driveway
All other Excavations
Turf Area
Pavement Area
Turf Area
Pavement Area
ADOPTED by the Eden Prairie City Council on May 6, 1997.
$15.00/100L.F.
$20.00
$50.00
$20.00
$50.00
$20.00
$50.00
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-6-97
SECTION: CONSENT CALENDAR (! a. rr:J -0 rI
ITEM NO. ISi-M
DEPARTMENT: ITEM DESCRIPTION:
COMMUNITY AND LEASE WITH HOLLYWOOD VIDEO FOR 7,100 SQ.
ECONONUCDEVELOPMENT FT. AT LIQUOR STORE # 4 (CUB FOODS)
Requested Council Action:
The Staff recommends that the Council take the following action:
1. Authorize Staff to enter into a lease with Hollywood Video for approximately 7,100 square feet in
the new liquor store/retail building on Den Road.
Background:
Over the past several months, the City and United Properties have been negotiating with Hollywood Video
to lease space in the new liquor store building on Den Road. These negotiations have recently been
completed as follows:
Lease Term
Ten (10) years with three (3) five (5) year option periods.
Minimum Rent
Months
1-60
61-120
Rent per Sq.Ft.
$17.75
$ 19.25
Monthly Rent
$ 10,502.08
$ 11,389.58
Annual Rent
$ 126,024.96
$ 136,674.96
For each option period, the minimum rent will be increased by 12.5%. In addition, Hollywood Video
will pay Common Area Maintenance (CAM) costs and real estate taxes.
Tenant Improvement Allowance
$ 15.00 per square foot plus five (5) months rent concession.
All of the terms of the lease are consistent with the Twin Cities market for a "credit" tenant. In developing
the pro forma for the building, these terms were taken into consideration and planned for.
Summary:
When the City was planning for the construction of the new liquor store, a video store was targeted as an
ideal tenant for the building. Hollywood Video is one of the best in the business. Staff expects that there
will be significant cross traffic between Hollywood Video, Cub Foods and the new liquor store helping sales.
For 1997, sales at Liquor Store #4 are projected at $1.3 million.
Construction of the building is about two weeks behind schedule. According to the contractor, the City
should take possession about June 1 with the liquor store opening in mid-June. Hollywood Video would like
to be in the building as soon as possible. Building plans have been submitted and are being reviewed. With
the execution of the lease, Hollywood will be able to proceed with their construction shortly.
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-6-97
SECTION: PUBLIC HEARING \I.R. ITEM NO.
DEP ARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger MENARD'S EXPANSION
Scott Kipp
Recommended Council Action:
The Staff recommends that the Council take the following action:
• 1st Reading of an Ordinance for PUD District Review on 15.72 acres and Zoning District
Amendment in the Commercial Regional Zoning District on 15.72 acres;
• Approve a Resolution for PUD Concept Review on 15.72 acres;
Background:
The Planning Commission unanimously recommended approval of the project at its April 14, 1997 meeting.
Supporting Reports:
1. Resolution for PUD Concept Review
2. Staff Report dated April 11, 1997
3. Planning Commission Minutes dated April 14, 1997
,
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
MENARDS EXPANSION
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF MENARDS EXPANSION FOR MENARDS
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 Menards
Expansion PUD Concept by Menards 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 May 6, 1997;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota,
as follows:
1. Menards Expansion, 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 Apri129, 1997.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated April 14, 1997.
ADO PTED by the City Council of the City of Eden Prairie this 6th day of May, 1997.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
Exhibit A
Menards Expansion
Lot 1, Block 1, Menards 7th Addition
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
OWNER:
LOCATION:
REQUEST:
Planning Commission
Michael D. Franzen, City Planner
April 11, 1997
Menards Expansion
Menards
Menards
Plaza Drive south of Highway 5
1. Planned Unit Development Concept Review on 15.72 acres.
2. Planned Unit Development District Review on 15.72 acres.
3. Zoning District Amendment in the Comm~rcial Regional Service
Zoning District on 15.72 acres.
4. Site Plan Review on 15.72 acres.
,'." " .• ; "
WO/7B TH ST. I =
Staff Report
Menards Expansion
April 11, 1997
BACKGROUND
The site is currently guided commercial regional. Surrounding land uses are guided commercial
regional. The site is currently zoned commercial regional service. Surrounding land is zoned
commercial regional service.
SITE PLAN
The site plan shows the construction of a 24,960 square foot building addition. The base area
ratio, based on 94,587 square feet, is .14. The City code permits up to a .20 base area ratio.
The floor area ratio, based on ll3,310 square feet is .17. The City code permits up to a .40 floor
area ratio.
The warehouse buildings, canopies, overhangs, and board shed are not included in the
calculations for base area and floor area. The mezzanine is included in the floor area ratio. The
variance previously granted for outdoor storage required that portions of the outdoor storage be
screened by building andlor roof.
The building expansion meets the setback requirements of the commercial regional service zoning
district.
The amount of parking required is 623 spaces. The plan shows 452 spaces. Since parking has
not been a problem and portions of the storage area could be converted to parking, if needed, no
additional parking should be required.
GRADING AND TREE LOSS
There are no significant trees on site that would be lost due to construction.
ARCHITECTURE
The building expansion meets the exterior material requirements of the commercial regional
service zoning district. Mechanical equipment will be screened by the mansard roof.
LANDSCAPING
The amount of landscaping required is based on caliper inches according to building size,
screening of parking, and screening of outside storage. The amount of caliper inches required is
259 inches. The plan meets this requirement. Parking is screened by existing plantings. Some of
the perimeter plantings are in the right of way and cause vision problems. These plantings should
be removed. The outdoor storage area is screened by building, fence and plantings.
2
Staff Report
Menards Expansion
April 11, 1997
SIGNS
The proposed pylon sign meets City code for size and height. The sign must be relocated to meet
the 20 foot required setback.
The permitted wall sign area is 300 square feet. The existing Menards sign is 390 square feet, but
was built before the City changed the sign code to limit the maximum amount of sign area per
wall to 300 square feet.
The proposed sign area is 500 square feet. This is a Planned Unit Development waiver. The
waiver should be approved since the total sign area is less than the City code maximum of 1200
square feet (300 per wall). No wall signs will be allowed on the north, west and east elevations.
UTILITIES
An existing storm sewer line may have to be relocated near the building expansion area. The
developer should provide detailed existing utility plans to the Engineering Department prior to
construction.
ST AFF RECOMMENDATIONS
The staff would recommend approval of the, Planned Unit Development Concept Review,
Planned Unit Development District Review, Zoning District Amendment in the Commercial
Regional Service Zoning District, and Site Plan Review based on plans dated April 11, 1997, and
subject to the recommendations ofthe staff report dated April 11, 1997 , and subject to the
following conditions:
1. Prior to Building Permit issuance, the proponent shall:
A. Meet with the Fire Marshal to go over fire code requirements.
B. Submit samples of exterior building materials for review.
C. Revise the site plan to relocate the pylon sign to meet the required 20 foot setback.
2. A Planned Unit Development District waiver is granted for wall sign on the south
elevation from 300 to 500 square feet, as shown on the building elevations.
3
1
PLANNING COMMISSION MINUTES
April 14, 1997
C. MENARDS EXPANSION by Marv Prochaska. Request for Planned Unit
Development Concept Review on 15.72 acres, Planned Unit Development District
Review on 15.72 acres, Zoning District Amendment in the Commercial Regional
Zoning District on 15.72 acres and Site Plan Review on 15.72 acres.
Gary Colby, representing Menards, presented the expansion proposal and noted they
are requesting a signage waiver for the southerly building elevation. The proposal is
for 25,000 square feet of additional sales area to the northeastly end of the building.
There will also be 13,600 square feet of additional building area on the other end of
the building which would be used as a cold storage warehouse. This would be
attached to the building because it will be a lot easier removing products right out the
front instead of the back.
Sandstad liked the idea of an elevator and asked if there are offices on the second
floor. Colby said the entire second floor area will be accessed to both associates and
customers.
Habicht was concerned about the height of the building after the expansion. Colby
reviewed the building elevation and noted elevation on the back and both ends in the
rear of the building will be raised slightly. It's a matter of two or three feet that it
would be higher. The front of the building on the 25,000 square foot portion is
actually two and a half feet higher than the existing peak, and it's the same on the
13,000 square foot addition.
Franzen noted staff recommended approval of the request according to the
recommendations on page three of the staff report.
The Public Hearing was opened.
Steve Riesgraf, manager of Me nards, explained the need for the expansion and noted
the aisles will be wider throughout the store and at the checkout. There are no offices
upstairs and they will remain the same. The elevator access will be great for
customers to go to the light fixtures and the shopping carts will fit in the elevator.
The addition for the wood covering will make it nice for customers getting lumber in
the bad weather. The expansion will add a lot more variety of products and also more
room to sell.
Wissner commented it's nice to see a business do well in Eden Prairie and continue to
do well in the community. She liked the plan and supported the request.
Ismail supported the project. He asked when the work will start. Riesgrafrepiied
7
PLANNING COMMISSION MINUTES
April 14, 1997
probably not until late 1997. They need to get through their busy time of the year
before they can remodel.
Alexander asked if the bathrooms are going to be expanded for handicap accessibility.
Riesgraf replied the existing bathrooms will remain as they are. There will be a new
set of bathrooms in the 25,000 square foot expansion area and they will be handicap
accessible. Alexander supported the project.
Foote supported the plan.
Habicht supported the plan and said it's a well done expansion.
MOTION 1: Habicht moved, seconded by Ismail, to close the public hearing.
Motion carried 6-0.
MOTION 2: Habicht moved, seconded by Ismail, to recommend to the City Council
approval of Marv Prochaska for Planned Unit Development Concept Review on
15.72 acres, Planned Unit Development District Review on 15.72 acres, Zoning
District Amendment in the Commercial Regional Zoning District on 15.72 acres and
Site Plan Review on 15.72 acres based on plans dated Apri111, 1997 and subject to
the recommendations ofthe Staff Report dated April 11, 1997. Motion carried 6-0.
8
q
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-6-97
SECTION: PUBLIC HEARING t8~ ITEM NO.
DEP ARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger EXECUTIVE AVIATION EXPANSION
Scott KiJ!p
Recommended Council Action:
The Staff recommends that the Council take the following action:
• Approve a Resolution for Site Plan Review on 3.5 acres.
Background:
The Planning Commission unanimously recommended approval of the project at its April 14, 1997 meeting.
The project is in conformance with the Flying Cloud Airport Design Framework Manual approved by the
City Council in July 1996.
No additional flow to the existing septic system will take place with this addition.
MAC's Capital Improvement Program shows extension of sewer and water to the airport in 1998. The EIS
for the expansion of the airport is currently underway. This process will take approximately 18 months.
Supporting Reports:
1. Resolution for Site Plan Review
2. Staff Report dated April II, 1997
3. Planning Commission Minutes dated April 14, 1997
J
EXECUTIVE AVIATION EXPANSION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR EXECUTIVE AVIATION EXPANSION
BY KELLEHER CONSTRUCTION
WHEREAS, Kelleher Construction has applied for Site Plan approval of Executive Aviation Expansion
on 3.5 acres for construction of 29,900 square feet hangar addition located at 9960 Flying Cloud Drive, within
the Public Zoning District; and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 14, 1997,
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 May 6, 1997,
meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE, that site plan approval be granted to Kelleher Construction for the construction of the
hangar addition, based on plans dated April 29, 1997, between Kelleher Construction, and the City of Eden
Prairie.
ADOPTED by the City Council on May 6, 1997.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
ST AFF REPORT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
APPLICANT:
FEE OWNER:
LOCATION:
REQUEST:
Planning Commission
Scott A. Kipp, Senior Planner
Michael D. Franzen, City Planner
April 11, 1997
Executive Aviation Hangar Addition
Executive Aviation
Metropolitan Airports Commission
9960 Flying Cloud Drive
1. Site Plan Review on 3.5 acres
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Executive Aviation Hangar Addition
Staff Report
April 11, 1997
BACKGROUND
The Comprehensive Guide Plan identifies the Flying Cloud Airport as a Public land use. The
property is currently zoned Public. In 1993 the City Council approved a site plan review for the
current 31,000 sq. ft. Executive Aviation facility.
SITE PLAN
The request is to construct a 29,900 sq. ft. hangar addition. The base area ratio, including the
existing facility is 38.7%. The Public Zoning District does not have a maximum base area ratio
requirement. The addition is proposed with a 50 foot setback from Flying Cloud Drive as required
in the Public district. The side and rear perimeter lines shown on the site plan represent a lease line
from the Metropolitan Airports Commission (MAC). It does not represent a lot line, therefore, side
and rear yard setbacks do not apply.
The Code does not indicate a specific parking ratio for hangars or aircraft charter facilities. The
amount of parking for this facility, including the hangar addition is based on 5 spaces per 1,000 sq.
ft. for office, 3 spaces per 1,000 sq. ft. for assembly, and Yz space per 1,000 sq. ft. for warehousing
for a total of 67 spaces. The plan provides 69 spaces. At times, the City staff has observed a
parking demand which exceeds the number of spaces available. The proponent has provided a plan
for handling this additional parking demand on other properties under their lease, and with the
Hennepin Technical College, which has an abundance of available parking. This meets with the
approval of MAC and City Staff.
A variance for a front yard parking setback of 10 feet was approved by the Board of Appeals at the
time of the original approval. Code requires 50 feet in the Public district.
The existing access to Highway 212 will be maintained.
UTILITIESIDRAINAGE
Sanitary sewer and water is currently not available to the airport. A private septic system was
constructed with the original facility. This system was last inspected in the summer of 1996 and
found to be operating in conformance to the original design parameters. MAC's Capital
Improvement Program shows extension of utilities to the airport in 1998. The Environmental
Impact Statement for expansion of the airport is currently underway.
Current drainage patterns will be maintained. All roof drainage will be directed to the existing
swale along Highway 212.
Executive Aviation Hangar Addition
Staff Report
April 11, 1997
As part of the airport expansion, MAC plans on constructing required storm water detention basins
to NURP standards.
ARCHITECTURE
In September of 1996, the Planning Commission and City Council approved the Flying Cloud
Airport DesiiW Framework Manual. This manual establishes parameters regarding, among other
things, building materials for new development at the airport and helps to guide new construction
in a cohesive aesthetic manner. The hangar addition is in conformance with the manual.
The 28 foot tall hangar addition will be constructed with precast concrete panels integrally treated
with a decorative aggregate, painted and embossed to match the existing rock face block pattern of
the existing facility. City Code permits building height up to 30 feet in the Public Zoning District.
No rooftop mechanical equipment is proposed with the addition.
LANDSCAPING
A total of 187 caliper inches of landscaping is required for the hangar addition according to City
Code. The Flying Cloud Airport DesiiW Framework Manual recognizes that there is little
opportunity to provide landscaping within an area for aircraft operations, but does recommend that
some landscaping be incorporated where space permits to help create visual interest. The plan
provides for the continuation of the shrub row along the front of the new addition.
In 1989, MAC planted a considerable number of 15 foot conifer trees along Pioneer Trail. These
plantings greatly exceed the caliper inch requirement for Executive Aviation and should be credited
toward their landscaping requirement.
RECOMMENDATION
Staff would recommend approval of the Site Plan Review on 3.5 acres, based on plans dated March
26, 1997, this report, and the following:
1. Prior to City Council review, the proponent shall provide a plan which addresses the
handling of any additional parking demands for the facility.
PLANNING COMMISSION MINUTES
April 14, 1997
D. EXECUTIVE AVIATION EXPANSION by Kelleher Construction. Request for
Site Plan Review on 3.5 acres for construction of a 29,900 sq. ft. hangar addition to
Executive Aviation. Location: 9960 Flying Cloud Drive
Dave Walock reviewed the site plan and building elevations, and explained the
expansion is needed for additional storage for aircraft currently stored outside. He
noted they are comfortable with the staff report.
Habicht commented how clean the existing facility was.
Kipp reviewed the staff report and recommended approval of the expansion.
Sandstad was concerned about the size of the upholstery sign he saw on another
hangar on the field. Kipp said sign permits are issued by our zoning adminisrator and
he would have to refer to her about it. The upholstery shop has been at the airport
many years. A resident in the audience commented it's the only place in the area you
can get canvass work done on any type of heavy material. They do aircraft and boats.
Sandstad asked staff to officially take a look at that sign.
Ismail was concerned about the septic tank handling the additional hangar. Walock
said this hangar and will be used for aircraft storage and will not tie into the existing
septic system.
Shirley Wikner, owner, commented the space will be large enough for 10 aircraft.
The public hearing was opened.
MOTION 1: Wissner moved, seconded by Ismail, to close the public hearing.
Motion carried 6-0.
MOTION 2: Wissner moved, seconded by Ismail, to recommend to the City Council
approval of the request of Kelleher Construction for Site Plan Review on 3.5 acres
based on plans dated April 11 , 1997 and subject to the recommendations of the Staff
Report dated April 11, 1997. Motion carried 6-0.
9
7
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-6-97
SECTION: PUBLIC HEARING V,C. ITEM NO.
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger LAKE SMETANA APARTMENTS
Scott Kipp
Recommended Council Action:
The Staff recommends that the Council take the following action:
• 1 st Reading of an Ordinance for PUD District Review on 17.19 acres and Zoning District
Change from Rural to RM-2.5 District on 12.37 acres,
• Approve a Resolution for PUD Concept Amendment on 17.19 acres,
Background:
The Planning Commission unanimously recommended approval of the proposal at its April 28, 1997
meeting.
This project was first reviewed by the Planning Commission in November of 1996. The City
Council approved 1st Reading of the project in December of 1996. Due to changes in the market,
the Developer is proposing an additional 43 units to the 275 unit project for a total of 318 units.
This will add a fourth story to building 2.
Supporting Documents:
1. Resolution for PUD Concept Amendment
2. Staff Reports dated November 8, 1996, and April 25, 1997
I
LAKE SMETANA APARTMENTS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT AMENDMENT OF LAKE SMETANA APARTMENTS
FOR KLODT INCORPORATED
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 November 12, 1996 on the
Lake Smetana Apartments PUD Concept by Klodt Incorporated 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 approve the request for PUD Concept on December 3, 1996; and,
WHEREAS, the City Planning Commission did conduct a public hearing on April 28, 1997 on the Lake
Smetana Apartments PUD Concept Amendment by Klodt Incorporated 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 May 6,1997;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows:
1. Lake Smetana Apartments, being in Hennepin County, Minnesota, legally described as outlined in
Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept Amendment approval as outlined in the plans dated
April 16, 1997.
3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated
April 28, 1997.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of May, 1997.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
Lake Smetana Apartments
Exhibit A
Parcel A:.
That port· of the Southeast Quarter of the Southwest Quarter of Section 1"2, Township 116, Range' 22,'
Hennepin County, Minnesota, which lies Easterly of the centerline of the Nine Mile Creek and Northerly of
the centerline of the Town Road as described in the notice of condemnation of Township Rood. dated
March 3. 1950, recorded March 24, 1950 as Doc. No. 2615778. (Information note: Town Rood now
known as Smetana Lane)
Parcel B:
Lot 1, Block 1, SMETANA'S CREEKSIDE ADDITION, according to the recorded plot thereof, Hennepin County,
Minnesota.
Parcel C:
That port of the Southeast 1/4 of the Southwest 1/4 of Section 12, Township 116 North. Range 22, West
of the 5th Principal Meridian. described as follows:. Beginning at the intersection of the centerline of Nine
Mile Creek with the East line of said Southeast 1/4 of the Southwest 1/4; thence North' along said East
line to a point distant 488.3 feet North from the Southeast comer of said Southeast 1/4 of the
Southwest 1/4; thence deflection left 76 degrees 59 minutes a distance of 123.165 feet; thence South
parallel with the East line of said Southeast 1/4 of the Southwest 1/4 to the centerline of Nine Mile
Creek; thence Easterly along said centerline of Nine Mile Creek to the point of beginning.
1.) Areas: Parcel A = 538.697.92~ Square Feet / 12.366 Acres
Parcel B = 149,603.74 Square Feet / 3.434 Acres
Parcel C = 40,300.0 Square Feet / 0.925 Acres
Total 728,604 Square Feet / 16.72 Acres
ST AFF REPORT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
APPLICANT:
FEE OWNER:
LOCATION:
REQUEST:
Planning Commission
Scott A. Kipp, Senior Planner
Michael D. Franzen, City Planner
November 8, 1996
Smetana Lake Apartments
Klodt Companies
Albert Cherne
North of Smetana Lane, east and south of Nine Mile Creek, west of
Technology Park
1. PUD Concept Review on 17.19 acres.
2. PUD District Review on 17.19 acres.
3. Zoning District Change from Rural to RM-2.5 on 12.37 acres.
4. Site Plan Review on 17.19 acres.
5. Preliminary Plat of 17. 19 acres into one lot.
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Staff Report
Smetana Lake Apartments
November 8, 1996
BACKGROUND
The Comprehensive Guide Plan identifies the site for either Industrial or High Density Residential
land use. The property is currently zoned Rural. Surrounding uses consist of Technology
Industrial Park to the east, Smetana Lane, two single-family lots and Smetana Lake to the south,
Nine Mile Creek and a single-family lot to the west, and an undeveloped industriallhigh density
residential guided parcel to the north.
SITE PLAN/PRELIMINARY PLAT
The site plan depicts the construction of275 apartment units in two buildings on 17.19 acres.
The density of the project based on gross site area is 16 units per acre. The density of the project
based on the 14.3 acres of land area above the ordinary high water level of Lake Smetana is 19.2
units per acre. City Code permits up to 17.4 units per acre above the ordinary high water level in
the RM-2.5 zoning district. The proposed density will require a waiver through the PUD.
The Base Area Ratio is 16%. The Floor Area Ratio is 46%. The City Code would permit up to a
30% BAR, and a 50% FAR. All structure and parking setbacks meet City Code. A total of 550
parking stalls is required, based on two stalls per unit, one of which is enclosed. The plan meets
this requirement.
The property consists of three separate parcels and road right of way. The proposal is to plat all
of the property into one lot. Some of the property extends into Lake Smetana. This portion of
the property should be platted into an outlot and dedicated to the City.
GRADING AND DRAINAGE
The topography rises in a northeasterly direction from an elevation of 840 feet along Smetana
Lane and Nine Mile Creek t0915 feet in the northeast comer of the site. Technology Industrial
Park to the east is graded to an elevation of approximately 860 feet, with up to a 50 foot cliff at
the property line in anticipation of continued industrial or residential development onto this site.
Grading ofthe site will require a lowering of the elevation to between 855 feet and 860 feet to
work with the adjacent sites. Some off-site grading to the north is proposed to maintain 3: 1
slopes. The proponent is currently working with this land owner for permission to grade. The
alternate plan shows how the grading can be kept on the site.
The property located to the north of this site was conceptually approved as an office as part of the
Technology Industrial Park PUD. It is anticipated that this site will require a building pad
elevation of approximately 855 feet.
Although either grading option will work, the better plan is without retaining walls.
The tree inventory shows 53 significant trees on site totaling 644 caliper inches. These are
mainly 12 inch Ash trees scattered throughout the easterly half of the site. Twenty-six significant
Staff Report
Smetana Lake Apartments
November 8, 1996
trees will be lost (326 caliper inches) or 51 %. Tree replacement is 221 caliper inches.
A significant amount of existing tree cover will remain along the Nine Mile Creek corridor within
the shore impact zone. Staff recommends that this area be placed in a conservation easement.
Storm water will be directed to NURP ponds. Some minor modifications to the ponds will be
necessary to eliminate encroachment into the 75 foot shore impact zone of Nine Mile Creek, and
the wetland limit for Smetana Lake.
Regardless of whether the property is developed as industrial or residential, the site needs to be
lowered to allow for reasonable development and to work with the grades of the neighboring
properties.
UTILITIES
Sanitary sewer is available to the site with connection to an existing line within Smetana Lane.
Water will be extended to the site from Valley View Road and connected to the neighboring
property to the east. Sewer and water lines will be provided to the site to the north.
SHORELAND CODE
This site is bordered on the west by Nine Mile Creek (General Development Water) and on the
south by Lake Smetana (Natural Environment Water). The development of this site will require
PUD waivers from the Shoreland Code in the following areas:
Lot size
The Code requires a lot area of 30,000 sq. ft. per unit for multi-family housing. This requirement
would permit 25 housing units on the property. The proposal is to plat the 17.19 acres into one
lot. Site area per unit is proposed at 2,725 sq. ft. which exceeds the City Code minimum of2,500
sq. ft. The waiver is needed to allow a reasonable use of the property consistent with residential
Guide Plan densities.
Percent of structure facing a shoreland water
No more than 50% of the shoreline can be occupied in building within the multi-family district.
The City and DNR recognize that this requirement cannot be met on both water frontages, and
agree that the priority is to meet the requirement on the Lake Smetana frontage. A waiver to
permit 90% percent of the shoreline frontage of Nine Mile Creek to be occupied in building is
necessary. Maintaining the shore impact zone in its natural state, including the existing tree mass
along Nine Mile Creek helps screen the building and is a reason to consider the waiver.
7
Staff Report
Smetana Lake Apartments
November 8,1996
Buildin~ hei~t
Building height cannot exceed 35 feet for residential structures. Ninety percent of the proposed
structures will be 38 feet in height, with approximately 10% of one building at 45 feet in height.
The height waiver is reasonable for the following reasons: 1) The project meets the 150 foot
shoreland setback, 2) The building height does not exceed the RM-2.5 district's permitted height
of 45 feet, 3) An industrial use on the site could build up to 40 feet, and 4) Natural and proposed
vegetation helps screen the buildings.
Percent of impervious surface .
Impervious surface cannot exceed 30%. The amount of impervious surface proposed for the
project is 38%. Treatment to NURP standards prior to discharge to the lake is a reason to
consider the waiver. If the site were developed as industrial, the impervious surface would be
50%.
Shore impact zone
No land alteration or building is permitted with this 75 foot zone. There is a NURP pond on the
south side of Smetana Lane. This area has been altered in the past. In addition, this location
maintains the current alignment of Smetana Lane and works with the existing sanitary sewer trunk
line which runs along the east side of the pond. The DNR does not object to the location of this
pond based on these issues, as long as additional wetland encroachment is not proposed. The
pond should be revised to not encroach into the wetland of Lake Smetana.
ACCESS
The property will take access from Smetana Lane. This road is currently an unimproved gravel
section, 1,700 feet in length. The proposal is to reconstruct Smetana Lane to City standards as a
32 foot wide public road up to Nine Mile Creek to serve the adjacent properties. The remaining
portion will be a paved private road serving the apartments and the remaining single family home.
The public portion will be approximately 750 feet in length, with the remaining right of way
proposed to be vacated. City Code limits the length of a cul-de-sac to 500 feet. Therefore, a
waiver through the PUD will be required. Given the fact that the existing dead end right of way is
1,700 feet long, the waiver has merit.
The proponent has worked with the neighboring property owners along Smetana Lane and has
agreed to construct the road at his cost in exchange for the necessary road easements. The
proponent will need to provide preliminary grading and drainage plans for the proposed public
section of roadway for review and approval by the City Engineer.
The remaining single family home owner located southeast of the site is not interested in
relocating and has indicated her support for the project. A cross access easement will be provided
along the private section of road for this resident and other public use.
z
Staff Report
Smetana Lake Apartments
November 8,1996
A secondary access for fue protection and apartment resident use is proposed on the east side of
the site from an existing public use drive lane between the Tech 7 and 8 industrial buildings. This
access will include an automatic gate system for fire department and apartment use. This will
control the use of the site for through traffic movements.
A traffic study was conducted to analyze the impacts of the proposed apartment project on
Smetana Lane and Valley View Road (attached). The study indicates that traffic impacts are
minor, and does not warrant a traffic signal installation. The apartment project generates more
daily trips; 1,800 vs. 1,100, and slightly more AM peak trips. However, the apartment proposal
would reverse the peak hour flow to AM outbound and PM inbound. This would be less overall
impact on the road system.
The study recommends Smetana Lane /Valley View road intersection improvements take place as
part of the Smetana Lane reconstruction, including provisions for left and right turning lanes
along Valley View Road. These recommendations will need to be incorporated into the
construction improvement plans for Smetana Lane.
PEDESTRIAN SYSTEMS AND PARK USE
An eight foot wide bituminous trail is proposed along the south side of Smetana Lane from Valley
View Road to the east property line. Easements for this trail are required.
The proponent has offered the City a public use easement over the property south of Smetana
Lane.
LANDSCAPING
The landscaping plan shows a total of 1,129 caliper inches which meets City Code for plantings
and tree replacement.
The Shore land Code requires that landscape buffering be used for developments along water
bodies. The plan includes maintaining the existing tree line along Nine Mile Creek In addition,
some natural buffering to Lake Smetana is proposed with the use of Aspen, Poplar, and Swamp
White Oak varieties. Staff would recommend that additional landscape buffering take place along
Smetana Lane as mitigation for the Shoreland waivers. Since the proposal requests an additional
26 units (9%) above the permitted density, a reasonable amount of plant material corresponding
to this percentage, or 80 caliper inches should be added to the landscaping plan for this purpose.
ARCHITECTURE
The buildings meet the City Code for 75% face brick and glass construction.
Lighting for the property will consist of 25 foot tall downcast cut off fixtures.
Staff Report
Smetana Lake Apartments
November 8, 1996
CONCLUSION
The site is jointly guided high density residential and industrial. The staff believes that residential
is better use of the property than industrial for the following reasons.
1. It is an opportunity to meet housing goals providing housing close to employment.
2. It maximizes the use ofland in an area envisioned for, and capable of, supporting
more intense land uses, thus reducing pressure for higher density in the southwest
part of Eden Prairie which is more appropriate for lower intensity land uses.
3. The developer is building a road which benefits adjoining properties and provides a
safer access to Valley View Road.
4. The Frank Smetana Jr. house will be removed, resolving potential land use
incompatibility .
5. An agreement to grade on adjoining properties to the north and east eliminates the
need for large retaining walls.
6. The City will receive an easement for public use along Lake Smetana.
The Planning Commission must balance the above benefits against the Shoreland waivers, a
density waiver, and a higher tree loss. Strict compliance with the Shoreland regulations would
preclude the development of this site for residential, and leave the site to develop as an industrial
use, consistent with the guide plan. While industrial would also be an appropriate land use, it
would have greater visual impact on the lake, as well as greater traffic impacts on the road
system.
Tree loss would be the same with either a residential or industrial land use. The trees are not
concentrated in one area which makes it difficult to shift building and parking to save a large
number of trees. Regardless of which land use takes place, the site will need to be lowered to
allow for reasonable development and to work with the grades of the neighboring properties.
RECOMMENDATIONS
Staff would recommend approval of the PUD Concept Review on 17.19 acres, PUD District
Review on 17.19 acres, Zoning District Change from Rural to RM-2.5 on 12.37 acres, Site Plan
Review on 17.19 acres, and Preliminary Plat of 17.19 acres based on plans dated November 8,
1996, this staff report, and the following:
1. Prior to City Council Review, the proponent shall:
A. Revise the preliminary plat showing that portion of property within Lake Smetana
as an outlot to be dedicated to the City. In addition, provide a conservation
10
Staff Report
Smetana Lake Apartments
November 8, 1996
easement over the 75 foot shore impact zone of Nine Mile Creek.
B. Revise the grading and drainage plan indicating preliminary grading and drainage
for the public section of Smetana Lane, as well as revising the NURP basins
outside of the shore impact zone for Nine Mile Creek and the wetland area of Lake
Smetana.
C. Incorporate an additional 80 caliper inches of native trees along the Smetana Lane
frontage for added buffering to Lake Smetana.
2. Prior to Final Plat approval, the proponent shall:
A. Provide a conservation easement document for review and approval by the
Director of Parks, Recreation, and Natural Resources covering the 75 foot shore
impact zone of Nine Mile Creek.
B. Provide cross access and maintenance documents for the private section of
Smetana Lane.
C. Submit detailed road design plans for Smetana Lane for review and approval by
the City Engineer. Said design shall include the recommendations of the BR W
traffic study dated November 5, 1996. In addition the easements necessary for
road construction shall be provided.
D. Provide the City with public use easements for the property south of Smetana
Lane.
E. Submit detailed storm water runoff, utility and erosion control plans for review by
the City Engineer and Watershed District.
F. Vacate that portion of Smetana Lane right of way for the private section of road.
3. Prior to grading permit issuance, the proponent shall:
A. Install erosion control and tree protection fencing at the grading limits of the
property for review and approval by the City Engineer and City Forester.
B. Submit to the City Engineer, recorded copies of the conservation easement
documents, cross access and maintenance agreement documents, and public use
easement documents.
C. Dedicate the portion of property within Lake Smetana to the City.
1
II
Staff Report
Smetana Lake Apartments
November 8, 1996
4. Prior to building permit issuance, the proponent shall:
A. Review the building plans with the Fire Marshal, including details regarding fire
access to the site.
B. Submit a landscaping bond in accordance with City Code.
C. Provide building material samples and colors for review by the City Planner.
D. Pay the cash park fee.
5. The following waivers are granted as part of the PUD:
A. Density to 19.2 units per acre.
B. Cul-de-sac length of 750 feet.
C. Shore1and Code:
1. Lot size less than 30,000 sq. ft.
2. Percent of structure facing a shore1and water greater than 50%
3. Building height of 45 feet.
4. Impervious surface of 38%.
5. Grading within a shore impact zone.
I"
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
APPLICANT:
FEE OWNER:
LOCATION:
REQUEST:
Planning Commission
Scott A. Kipp, Senior Planner
Michael D. Franzen, City Planner
April 25, 1997
Smetana Lake Apartments
Klodt Companies
Albert Cherne
North of Smetana Lane, east and south of Nine Mile Creek, west of
Technology Park
1. PUD Concept Amendment on 17.19 acres.
2. PUD District Review on 17.19 acres.
3. Zoning District Change from Rural to RM-2.5 on 12.37 acres.
4. Site Plan Review on 17.19 acres.
13
Staff Report
Smetana Lake Apartments
April 25, 1997
BACKGROUND
The 275 unit project was approved by the Planning Commission. The project received a first
reading at the City Council in December 1996. The developer is proposing an amendment to the
approved plan for 43 additional units in a fourth floor for building 2.
SITE PLAN
The amended site plan shows the construction of 318 apartment units in two buildings on 17.19
acres at a gross density of 18.5 units per acre. The net density ofthe project based on the 14.3
acres ofland area above the ordinary high water level of Lake Smetana is 22.2 units per acre.
City Code permits up to 17.4 units per acre above the ordinary high water level in the RM-2.5
zoning district. The proposed density will require a waiver through the PUD.
All structure and parking setbacks meet City Code. A second underground level of parking has
been added to building 2 to accommodate the additional units. Twenty-six exterior stalls are
shown as proof of parking. A total of 636 parking stalls are required, based on two stalls per unit,
one of which is enclosed. The plan meets this requirement.
The waiver for increased density has merit for the following reasons:
1. The property is within the city's Major Center Area which allows residential densities up
to 40 units per acre.
2. It is one ofthe last two High Density Residential guided properties in the City which can
accommodate the proposed density.
3. The density of the project is not in conflict with the surrounding industrial land uses.
4. The use of the property for a higher density apartment development can relieve market
pressure on other sites which are currently planned for lower densities.
GRADING
There is a minor change to the approved grading plan for a lower level parking garage entrance.
SHORELAND CODE
This site is bordered on the west by Nine Mile Creek (General Development Water) and on the
south by Lake Smetana (Natural Environment Water). The original approval granted a shoreland
waiver for building height from the required 35 feet to 45 feet for a portion of building 1. The
fourth story to building 2 will increase the height of this building to 45 feet. A waiver for the
amended plan is required.
Approximately 50% of the proposed structures will be 38 feet in height, with the remaining 50%
ILl
Staff Report
Smetana Lake Apartments
April 25, 1997
at 45 feet in height. The height waiver is reasonable for the following reasons:
1. The project meets the 150 foot shoreland setback.
2. The building height does not exceed the RM-2.5 district's permitted height of 45 feet.
3. An industrial use on the site could build up to 40 feet.
4. The increase in height of building 2 will be buffered from the majority of views from the
lake by building 1.
5. Natural and proposed vegetation helps screen the buildings.
TRAFFIC
The traffic study for the approved plan indicates that traffic impacts are minor, and does not
warrant a traffic signal installation. The approved apartment project generates more daily trips;
1,800 vs. 1,100 for industrial, and less A.M. peak trips. The apartment proposal reverses the
peak hour flow to A.M. outbound and P.M. inbound. This would be less overall impact on the
road system.
With the addition of 43 units, the total daily traffic will increase by 16%. This is 20 additional
peak hour trips. A.M. peak hour traffic with the amended plan is equal to A.M. peak hour traffic
for industrial. P.M. peak hour traffic is 20 trips higher than industrial. Even though peak hour is
higher, the road improvements recommended in the study can accommodate the traffic.
The study recommends Smetana Lane Nalley View road intersection improvements take place as
part of the Smetana Lane reconstruction, including provisions for left and right turning lanes
along Valley View Road.
LANDSCAPING
The landscaping plan has been revised to show an additional 120 caliper inches based on building
square feet, meeting City Code. The additional caliper inches have been located along the front of
the project to increase the buffering from Lake Smetana.
ARCHITECTURE
Building 2 has been revised to a four-story structure. The buildings meet the City Code for 75%
face brick and glass construction.
RECOMMENDATIONS
Staff would recommend approval of the PUD Concept Amendment on 17.19 acres, PUD District
Staff Report
Smetana Lake Apartments
April 25, 1997
Review on 17.l9 acres, Zoning District Change from Rural to RM-2.5 on 12.37 acres, and Site
Plan Review on 17.19 acres, based on plans dated November 8, 1996, and April 16, 1997, Staff
Report and recommendations dated November 8, 1996, and Staff Report dated April 25, 1997.
1. The following waivers are granted as part of the PUD:
A. Density to 22.2 units per acre.
B. Building height of 45 feet in a shoreland area.
l(p
DATE: 05/06/97
EDEN PRAIRIE CITY COUNCn... AGENDA
SECTION: Public Hearing
ITEM NO: V, D '
DEPARTMENT: ITEM DESCRIPTION: Vacation 97-02
Engineering Division Vacation of Leona Road Right-of-Way and Drainage and Utility Easements in
David Olson Leona and Leona 2nd Additions Published 04117/97
Recommended Action:
Adopt the resolution vacating the Leona Road right-of-way and the drainage and utility
easements in Leona and Leona 2nd Additions.
Overview:
CSM Lodging, LLC, has requested the vacations to facilitate replatting of the property in
conjunction with proposed development of the property. Appropriate easements will be
dedicated on the new plat.
Supporting Information:
Vacation drawings
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
VACATION OF RIGHT-OF-WAY FOR
LEONA ROAD AND DRAINAGE AND UTILITY EASEMENTS
IN LEONA AND LEONA 2ND ADDmONS
WHEREAS, the City of Eden Prairie has certain right-of-way and drainage and utility easements
described as follows:
All that part of Leo~ Road located in Section 14, Township 116, Range 22, lying
between the northerly extension of the west line of Lot 1, Block 1, Titus Addition and
the northerly extension of the east line of said Lot 1, Block 1.
All drainage and utility easements over Lots 4, 5, 6, 7, 8, 9 and 10, Block 1, Leona
Addition and over that part of Lots 8 and 9, Block 1, Leona 2nd Addition located
southerly of the southerly and southwesterly right-of-way line of Interstate Highway
Number 494.
WHEREAS, it has been determined that the said right-of-way and drainage and utility easements
are not necessary and have no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said right-of-way and drainage and utility easements as above described are
hereby vacated.
2. The City Clerk shall prepare a notice of completion of proceedings in accordance
with M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on May 6, 1997.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
2
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DATE: 05/06/97
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Public Hearing
ITEM NO: y, E '
DEPARTMENT: ITEM DESCRIPTION: Vacation 97-03
Engineering Division Vacation of Drainage and Utility Easements within Lots 1 and 2, Block 1,
David Olson Birchwood Labs Published April 10, 1997
Recommended Action:
Staff recommends that the City Council take the following action:
Adopt the resolution vacating the drainage and utility easements within Lots 1 and 2,
Block 1, Birchwood Labs.
Overview:
The property owner has requested the vacation of the underlying drainage and utility easements
within the site to enable construction of a storage facility. The Developer's Agreement and
Final Plat for "Prairie Green" were approved at the April 15, 1997 City Council meeting. The
new plat includes dedication of appropriate replacement easements.
Supporting Information:
Vacation drawings
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
VACATION OF DRAINAGE AND UTILITY EASEMENTS
IN BIRCHWOOD LABS
WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as
follows:
That part of the drainage and utility easements over, under and across Lots 1 and 2,
Block 1, Birchwood Labs as dedicated and delineated on said plat of Birchwood Labs as
recorded in the Office of the Registrar of Titles, Hennepin County, Minnesota and
described as follows:
That part of said Lots 1 and 2 lying within 5.00 feet on both sides of the lot line
common to said Lots 1 and 2, lying east of the west 10.00 feet of said Lots 1 and
2 and lying north of a line that is 5.00 feet north of and parallel with the most
southerly lot line of said Lot 2 and its westerly extension.
WHEREAS, a public hearing was held on May 6, 1997 after due notice was given to affected
property owners and published in accordance with M.S.A. 412.851;
WHEREAS, is has been determined that the said drainage and utility easements are not
necessary and have no interest in the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said drainage and utility easements as above described are hereby vacated.
2. The City Clerk shall prepare a notice of completion of proceedings in accordance
with M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on May 6, 1997.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
2
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CITY COUNCIL AGENDA Date:
Section: 05/06/97
Department: Item Description: Item No.
Proposed Amendments To City Code Y!Lfi Police Chapter 4, Beer, Wine & Liquor
Requested Action
It is recommended that the City Council adopt the proposed amendments to City Code Section
4.06 subd. 3, City Code 4.80 subd. D., and adopt by reference City Code Chapter 1 and
Section 4.99.
Background
During recent compliance checks of licensed liquor establishments performed by the Police
Department, as well as a review of the code by the City Attorney's office, three issues have
come to light in regards to the present Liquor License Code 4.00.
<D Bearpath Golf Club has requested permission to expand liquor service to allow
beverage carts to operate on the course. In researching this request, the Police
Department has found that this is a common practice on area courses and that current
State Statue as well as a neighboring city (Bloomington) allow for this practice within
their definition of "Licensed Premises." The proposed amendment adopts the State
Statute wording regarding golf courses.
@ Ciatti's Restaurant employs personnel under 18 years as dishwashers and busing staff.
The manner in which City Code Section 4.80 subd. D currently is worded appears to
restrict establishments from allowing anyone under 18 years from entering the
premises for any purpose including employment. The current code appears to be
overly restrictive to businesses trying to maintain adequate staff.
@ A recent review by the City Attorney's office indicated some confusion regarding
enforceable penalties within City Code 4.00 generally. Section 3 of the proposed
amendment addresses this issue.
The proposed amendments have been reviewed by the City Attorney's office.
Attachments
• Proposed Ordinance Amendment
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. _-97
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE SECTION 4.06, SUBD. 3, RELATING TO THE DEFINITION OF PREMISES
LICENSED UNDER A LIQUOR LICENSE; AND CITY CODE 4.80, SUBD. D, ADDRESSING
THE EMPLOYMENT OF PERSONS WORKING IN A LICENSED ESTABLISHMENT WHO
ARE UNDER 21 YEARS OF AGE; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Section 4.06, Subd. 3 is amended to read as follows:
Subd. 3. Premises Licensed. Unless expressly stated therein, a license issued under the
provisions of this Chapter shall be valid only in the compact and contiguous building or
structure situated on the premises described in the license; and all transactions related to
a sale under such license must take place within such building or structure, except that
in the case of a restaurant licensed for on sale alcoholic beverages and located on a golf
course, "licensed premises" means the entire golf course except for areas where motor
vehicles are regularly parked or operated.
Section 2. Section 4.80, Subd. D of the City Code is amended to read as follows:
Subd. D. A person under the age of 21 years to enter an establishment licensed under
this Chapter for the purpose of purchasing or having served or delivered any alcoholic
beverage. Persons under 21 years may enter establishments licensed under this Chapter
in order to: consume meals; attend social functions that are held in a portion of the
establishment where liquor is sold; and perform work for the establishment, except that
persons under 18 years are prohibited from selling or serving any alcoholic beverage.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violations" and Section 4.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 4. This ordinance shall become effective from and after its passage and
publication.
2.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on
the 6th day of May, 1997, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of , 1997.
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the ___ day of ______ , 1997.
jrnileplordinanc
CITY COUNCIL AGENDA DATE:
SECTION: Payment of Claims 5-6-97
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.
Finance Payment of Claims VI
Checks No. 51557 thru 52002
ActionlDirection:
Approve payment of claims.
I
COUNCIL CHECK SUMMARY 30-APR-1997 (15:17)
DIVISION TOTAL
------------------------------------------------------------------------------------------------------------------------
N/A
LEGAL COUNSEL
GENERAL SERVICES
EMPLOYEE BENEFITS
DATA PROCESSING
CITY MANAGER
FINANCE
HUMAN RESOURCES
COMMUNITY SERVICE
SOCIAL SERVICES
ENGINEERING
INSPECTIONS
FACILITIES
CIVIL DEFENSE
POLICE
FIRE
ANIMAL CONTROL
STREETS & TRAFFIC
PARK MAINTENANCE
STREET LIGHTING
FLEET SERVICES
ORGANIZED ATHLETICS
COMMUNITY DEV
COMMUNITY CENTER
HISTORICAL
YOUTH RECREATION
ADULT RECREATION
RECREATION ADMIN
ADAPTIVE REC
OAK POINT POOL
PUBLIC IMPROV PROJ
DEBT SERVICE PAYMENTS
SPECIAL ASSESSMENTS
CITY CENTER
SW METRO TRANSIT
SPECIAL REVENUE FUNDS
PRAIRIE VILLAGE
PRAIRIEVIEW
PRESERVE
WATER DEPT
SEWER DEPT
STORM DRAINAGE
AGENCY FUNDS
$3.65
$7,259.07
$12,724.79
$11,623.32
$45.00
$7.00
$2,327.52
$11,668.67
$233.84
$14,883.50
$1,105.26
$164.54
$2,538.16
$37.68
$34,885.16
$4,859.70
$1,003.40
$7,330.18
$14,006.99
$46,228.39
$24,684.19
$3,435.00
$689.10
$23,794.13
$110.60
$4,793.45
$4,931.83
$157.66
$376.96
$333.23
$252,495.24
$4,500.00
$152,986.66
$129,839.93
$12.75
$1,734.66
$3,377.44
$4,575.15
$6,699.24
$87,676.47
$236,617.39
$5,607.76
$3,366.71
$1,125,731.37*
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
51557
51558
51559
51560
51561
51562
51563
51564
51565
51566
51567
51568
51569
51570
51571
51573
51574
51575
51576
51577
51578
51579
51581
51582
51583
51584
51585
51586
51587
51588
51589
51590
51591
51592
51593
51594
51595
51596
51597
51598
51599
51600
51601
51602
51603
51604
51605
51606
51607
51608
51609
51610
51611
51612
51615
$352.00
$178.91
$1,266.71
$299.25
$10.93
$858.00
$446.22
$2,530.00
$238.31
$366.35
$581. 84
$257.96
$561. 00
$60.00
$455.52
$184.71
$70.00
$69.00
$326.34
$467.37
$170.22
$678.66
$228.06
$577.08
$401.42
$770.47
$462.06
$69.26
$45.74
$4,095.77
$128.00
$224.00
$1,034.43
$574.31
$90.64
$23.28
$135.00
$113.90
$5,346.96
$90.00
$113.06
$420.00
$19.92
$208.14
$480.00
$45.00
$323.00
$85.50
$300.00
$299.25
$800.00
$15.00
$723.93
$923.67
$110.00
VENDOR
AARP 55 ALIVE MATURE DRIVING
BECKER ARENA PRODUCTS INC
BENSHOOF & ASSOCIATES INC
CIRCUS PIZZA
DEBORAH HANSON
DIAMOND T RANCH
DRISKILLS NEW MARKET
FAIRWAY WOODS
GLENROSE FLORAL AND GIFT SHOPS
JOHN CONLEY
KNOX BUILDING MATERIALS
LYMAN LUMBER COMPANY
MAINLINE CRUISE AND TRAVEL
MARK MASTAIN
MCGLYNN BAKERIES
MERLINS ACE HARDWARE
MN POLICE & PEACE OFFICIERS AS
MN REAL ESTATE JOURNAL
NORTH STAR ICE
PARK NICOLLET CLINIC HEALTHSYS
SCOTT SCHRAM
SISINNI FOOD SERVICE
SPENCER L CONRAD
THE STATE CHEMICAL MFG CO
CHANHASSEN BUMPER TO BUMPER
CONCEPT MICRO IMAGING
KRAEMERS HARDWARE INC
POWERTEX SPORTSWEAR INC
SHERRY BUTCHER-YOUNGHANS
US WEST COMMUNICATIONS
AARP -55 ALIVE/MATURE DRIVING
AARP 55 ALIVE MATURE DRIVING
AIRTOUCH CELLULAR
CHANHASSEN BUMPER TO BUMPER
CHRIS ENGER
DAVID LINDAHL
EINSTEIN BROTHERS BAGELS
JERRY PRODOEHL
JERRY'S ENTERPRISES INC
MN DEPT OF PUBLIC SAFETY
PETTY CASH-POLICE DEPT
RESERVE OFFICER TRAINING ASSOC
SPENCER L CONRAD
STEVE HANLON
CITY OF CRYSTAL
DONALD URAM
HEALTHSYSTEM MINNESOTA
JAY 0 CONNELL
PATRICIA A JOHNSON
TIERNEY BROS INC
WEST SUBURBAN COLUMBUS CREDIT
AVCAM
MARY M. DAVIS
MENARDS
NORTH MEMORIAL MEDICAL CENTER
30-APR-1997 (15:17)
DESCRIPTION
SPECIAL EVENTS FEES
REPAIR & MAINT SUPPLIES
TRAFFIC ENG ASSISTANCE
SCHOOL VACATION DAY-FOOD
OVERPAID FINAL UTILITY BILL
HORSEBACK RIDING-SCHOOL VAC
MERCHANDISE FOR RESALE
OVERPAID ACCT 209148009101
EMPLOYEE AWARD
DOCUMENT FRAMES
REPAIR & MAINT SUPPLIES
BUILDING MATERIALS
TRAVEL
EMT TESTING FEES
PROFESSIONAL SERVICES
OPERATING SUPPLIES-GENERAL
FRANZEN,WYFFELS
ANNUAL SUBSCRIPTION
STATEMENT
STATEMENT
OPERATING SUPPLIES-GENERAL
MISCELLANEOUS
PARKING-LITIGATION
CLEANING SUPPLIES
EQUIPMENT PARTS
MICROFILMING SERVICE
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
CONGRESSIONAL CITY CONFERENCE
TELEPHONE
SPECIAL EVENTS FEES
55 ALIVE DRIVING CLASS
TELEPHONE
EQUIPMENT PARTS
TRAVEL
MILEAGE AND PARKING
CLEAN YOUR FILES DAY
CLOTHING & UNIFORMS
BLDG RENTAL
BIKE REGISTRATIONS
POSTAGE
SCHOOLS
MILEAGE AND PARKING
MILEAGE AND PARKING
SPRING CONFERENCE
TRAVEL
PROFESSIONAL SERVICES
LICENSES & TAXES
DENTAL -COBRA
OPERATING SUPPLIES-GENERAL
CREDIT UNION
TRAINING-OLSON
OPERATING SUPPLIES-GENERAL
REPAIR & MAl NT SUPPLIES
TRAINING-FRANZEN
PROGRAM
SENIOR CENTER PROGRAM
ICE ARENA
ESCROW
SPECIAL EVENTS/TRIPS
WATER DEPT
SPECIAL EVENTS/TRIPS
CONCESSIONS
WATER DEPT
HUMAN RESOURCES
POLICE
PARK MAINTENANCE
STREET MAINTENANCE
IN SERVICE TRAINING
FIRE
HUMAN RESOURCES
PARK MAINTENANCE
POLICE
IN SERVICE TRAINING
PRAIRIE VILLAGE LIQUOR #1
HUMAN RESOURCES
FIRE
IN SERVICE TRAINING
FIRE
WATER TREATMENT PLANT
EQUIPMENT MAINTENANCE
ENGINEERING DEPT
STREET MAINTENANCE
POOL SPECIAL EVENTS
IN SERVICE TRAINING
SEWER LIFTSTATION
SENIOR CENTER PROGRAM
SENIOR CENTER PROGRAM
SEWER UTILITY-GENERAL
EQUIPMENT MAINTENANCE
IN SERVICE TRAINING
COMMUNITY DEVELOPMENT
HUMAN RESOURCES
STREET MAINTENANCE
PRESERVE LIQUOR #2
FD 10 ORG
GENERAL
POLICE
FIRE
FIRE
SEWER UTILITY-GENERAL
IN SERVICE TRAINING
BENEFITS
FIRE
BENEFITS
STREET MAINTENANCE
FD 10 ORG
POLICE
1994 REHAB 55041
PARK MAINTENANCE
POLICE
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
51616
51617
51618
51619
51620
51621
51622
51623
51624
51625
51626
51627
51628
51629
51630
51631
51632
51633
51634
51637
51638
51639
51640
51641
51652
51653
51654
51655
51656
51657
51658
51659
51678
51679
51680
51681
51682
51683
51684
51685
51686
51687
51688
51689
51690
51691
51692
51693
51694
51695
51696
51697
51698
51699
51700
$19.69
$85.00
$100.00
$100.00
$375.00
$10,500.00
$190.00
$702.00
$243.00
$120.40
$298.50
$95.84
$268.92
$375.00
$193.74
$230.40
$78.65
$4.00
$80,029.97
$195.00
$58.00
$710.73
$130.00
$58.00
$50.00
$39.00
$22.00
$27.00
$137.63
$253.26
$27.00
$27.00
$591.78
$27.00
$27.00
$27.00
$8.00
$27.00
$67.50
$27.00
$27.00
$15.00
$2,344.73
$662.81
$28.00
$29.73
$200.00
$7,545.50
$25,633.42
$578.72
$30.50
$5,771.46
$1,393.00
$40.33
$60,140.85
PIZZA HUT
S.O.T.A.
VENDOR
SENSIBLE LAND USE COALITION
SUBURBAN LAW ENFORCEMENT ASSOC
THE POLICE INSTITUTE
COMMISSIONER OF TRANSPORTATION
GRAND VIEW LODGE
HOLIDAY INN NORTH CAMPUS
JAMES MORROW
JOY JORGENSON
MAINLINE CRUISE AND TRAVEL
PETTY CASH
RADISSON INN ENCINITAS
THE POLICE INSTITUTE
AT&T
CYNTHIA GEIGER
JAMES HASTREITER
MIKE KESSLER
NSP
RESERVE OFFICER TRAINING ASSOC
SALLY SNABB
SEARS EDEN PRAIRIE
SISINNI FOOD SERVICE
VIET NGUYEN
PAULETTE MARINI
RUTH TOURVILLE
SHIRLEY CARLON
SONJA VERTA
UNLIMITED SUPPLIES INC
US POSTMASTER -HOPKINS
VERNETTE FOX
VIRGINIA ENGLEMAN
ANCHOR PAPER COMPANY
ARLENE HENRY
EVELYN KADLEC
JANE LORENSEN
JANET MEYER
LAVERNE ANDERSON
LOIS N WILDER
LORRY WALLACE
MARILYN KITTELSLAND
MINNESOTA POLICE AND PEACH OFF
CANADA LIFE ASSURANCE COMPANY
CARVER CO CHILD SUPPORT UNIT
CRAIG WIESE
CROWN MARKING INC
FEDERAL RESERVE BANK OF MPLS
GREAT WEST LIFE AND ANNUITY
HEALTH PARTNERS
HENNEPIN COUNTY SUPPORT AND
HOKANSON PLUMBING
ICMA
INTERNATIONAL UNION OF OPERATI
KATHY PFAFF
MEDICINE LAKE LINES
30-APR-1997 (15:17)
DESCRIPTION
TRAVEL
TRAINING-OLSON
JULLIE,ENGER,JOHNSON,THORFINN
TRAINING-MORROW
TRAINING-RASMUSSEN
BLDG RENTAL
TRAINING-MORROW
LODGING-ELYCE, JOEL
SCHOOLS
CLOTHING & UNIFORMS
SCHOOLS
OPERATING SUPPLIES-GENERAL
#RN703518, #RN703578
TRAINING-GRIFFITH
TELEPHONE
INSTRUCTOR SERVICE
ADULT RESIDENT MEMBERSHIP
ICE SHOW
ELECTRIC
SCHOOLS
RFND SWIMMING
STOVE
EMPLOYEE AWARD
LESSONS/CLASSES
SPRING SALAD LUNCHEON
GREETING CARD CLASS
RFND ADULT TRIP
RFND ADULT TRIP
OPERATING SUPPLIES-GENERAL
POSTAGE
RFND ADULT TRIP
RFND ADULT TRIP
OFFICE SUPPLIES
RFND ADULT TRIP
RFND ADULT TRIP
RFND ADULT TRIP
PHOTO ALBUM WORKSHOP
RFND ADULT TRIP
MEMOIR WRITING
RFND ADULT TRIP
RFND ADULT TRIP
DUES & SUBSCRIPTIONS
DISABILITY IN EMPLOYERS
GARNISHMENT WITHHELD
RFND GYMNASTICS
OFFICE SUPPLIES
BOND DEDUCTION
DEFERRED COMP
COBRA COSTS/REV
GARNISHMENT WITHHELD
PLUMBING PERMIT
DEFERRED COMP
UNION DUES WITHHELD
RFND GYMNASTICS
COBRA COSTS/REV
PROGRAM
COMMUNITY CENTER ADMIN
POLICE
IN SERVICE TRAINING
POLICE
POLICE
STREET MAINTENANCE
POLICE
IN SERVICE TRAINING
POLICE
ICE SHOW
POLICE
SENIOR CENTER PROGRAM
POLICE
POLICE
GENERAL
WINTER SKILL DEVELOP
COMMUNITY CENTER ADMIN
ICE SHOW
STORMWATER LIFTSTATION
POLICE
POOL LESSONS
1994 REHAB 55041
HUMAN RESOURCES
POOL LESSONS
SENIOR CENTER PROGRAM
SENIOR CENTER PROGRAM
ADULT PROGRAM
ADULT PROGRAM
PARK MAINTENANCE
SENIOR CENTER PROGRAM
ADULT PROGRAM
ADULT PROGRAM
GENERAL
ADULT PROGRAM
ADULT PROGRAM
ADULT PROGRAM
SENIOR CENTER PROGRAM
ADULT PROGRAM
SENIOR CENTER PROGRAM
ADULT PROGRAM
ADULT PROGRAM
POLICE
FD 10 ORG
FD 10 ORG
SPRING SKILL DEVELOP
GENERAL
FD 10 ORG
FD 10 ORG
BENEFITS
FD 10 ORG
FD 10 ORG
FD 10 ORG
FD 10 ORG
SPRING SKILL DEVELOP
BENEFITS
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
51701
51702
51703
51704
51705
51706
51707
51708
51709
51710
51711
51712
51713
51714
51715
51716
51717
51718
51719
51720
51721
51722
51723
51724
51725
51726
51727
51728
51729
51730
51732
51733
51734
51735
51736
51737
51738
51739
51740
51741
51742
51743
51744
51745
51746
51747
51748
51749
51750
51751
51752
51753
51754
51755
51756
$432.00
$2,715.50
$35.00
$40.33
$300.00
$3,375.54
$44,611.36
$273.00
$50.00
$180.60
$1,153.25
$314.95
$2,046.00
$2,327.52
$150.01
$55.00
$73.25
$80.00
$72.00
$33.00
$25.50
$250.00
$34.00
$553.00
$5,143.89
$421.21
$281. 94
$1,435.20
$1,322.22
$1,342.75
$783.30
$121.34
$30.00
$697.56
$40.00
$284.31
$100.00
$74,167.36
$21.60
$100.00
$7.00
$440.12
$100.00
$410.13
$14.52
$96.71
$486.33
$366.00
$267.97
$6.00
$1,435.00
$239.63
$87.56
$36.68
$25.58
VENDOR
MINN STATE RETIREMENT SYS
MINNESOTA MUTUAL LIFE
MINNESOTA TEAMSTERS CREDIT UNI
MONA KOEBELE
PARKWAY APARTMENTS
PRUDENTIAL INS CO OF AMERICA-C
PUBLIC EMPLOYEES RETIREMENT
PUBLIC EMPLOYEES RETIREMENT
SUSAN STIEBNER
UNITED WAY
US POSTMASTER -HOPKINS
US WEST COMMUNICATIONS
US WEST DIRECTORY ADVERTISING
ACCOUNTEMPS
ADVANCED GRAPHIC SYSTEMS INC
AIRLIFT DOORS INC.
AMERICAN MGMT ASSOC
AMERICAN WATER WORKS ASSOCIATI
ANGELA WUTZ
ANN CRAWFORD
ANN POLIKOWSKY
AQUA CITY PLUMBING AND HEATING
ART ROGERS
ASPEN CARPET CLEANING
B & F DISTRIBUTING
B & STOOLS
BAUER BUILT TIRE AND BATTERY
BEACON BALLFIELDS-DIV LODESTAR
BEARPATH GOLF & COUNTRY CLUB
BELLBOY CORPORATION
BENTEC ENGINEERING CORP
BETMAR LANQUAGES
BFI TIRE RECYCLERS OF MN INC
BIFFS INC
BILL DROEGER
BILL HOOKE
BILL NEUMAN
BLACK & VEATCH
BLOOMINGTON LOCK AND SAFE
BOB LOTHENBACH
BOB SHUNAN
BOYDS OIL DISTRIBUTING
BRAD ZIOLA
BRAUN INTERTEC CORPORATION
BSN SPORTS
BUDGET PLUMBING CORP
CAMAS-SHIELY DIVISION
CAPITOL COMMUNICATIONS
CARGO PROTECTORS INC
CARLA KORWES
CARLSON COUNSELING AND CONSULT
CARLSON REFRIGERATION CO
CARLSON TRACTOR AND EQUIPMENT
CATHY BOLDUC
CATHY BOLDUC
30-APR-1997 (15:17)
DESCRIPTION
DEFERRED COMP
DEFERRED COMP
CREDIT UNION
RFND ADULT GOLF
DAMAGE DEP ANDREA NYQUIST
LIFE INSURANCE EMPLOYERS
LIFE INSURANCE EMPLOYERS
LIFE INSURANCE W/H
RFND GYMNASTICS
UNITED WAY WITHHELD
POSTAGE
TELEPHONE
UNITED WAY WITHHELD
OTHER CONTRACTED SERVICES
OFFICE SUPPLIES
REPAIR & MAINT SUPPLIES
TRAINING SUPPLIES
DUES & SUBSCRIPTIONS
OTHER CONTRACTED SERVICES
RFND SWING DANCE
RFND SWIMMING
REPAIR & MAINT SUPPLIES
REFUND EXPLORE MN
CONTRACTED BLDG MAINT
MOTOR FUELS
EQUIPMENT PARTS
CONTRACTED REPAIR & MAINT
OPERATING SUPPLIES-GENERAL
MISCELLANEOUS
TOBACCO PRODUCTS
CONTRACTED EQUIP REPAIR
PROFESSIONAL SERVICES
WASTE DISPOSAL
WASTE DISPOSAL
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
VIOLATION FEES
026014030047773
POLICE EQUIPMENT
VIOLATION FEES
RFND ICE SHOW
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
CONST TESTING-SOIL BORING
OPERATING SUPPLIES-GENERAL
CONTRACTED REPAIR & MAINT
GRAVEL
CONTRACTED REPAIR & MAINT
EQUIPMENT PARTS
RFND BIRD BREAKFAST
EMPLOYEE ASSISTANCE
FURNITURE & FIXTURES
EQUIPMENT PARTS
MILEAGE AND PARKING
OPERATING SUPPLIES-GENERAL
FD 10 ORG
FD 10 ORG
FD 10 ORG
PROGRAM
SPRING SKILL DEVELOP
HOPE LOAN PROGRAM
FD 10 ORG
FD 10 ORG
FD 10 ORG
SPRING SKILL DEVELOP
FD 10 ORG
WATER ACCOUNTING
GENERAL
PRAIRIE VILLAGE LIQUOR #1
FINANCE DEPT
POLICE
EPCC MAINTENANCE
WATER UTILITY-GENERAL
WATER UTILITY-GENERAL
SPECIAL EVENTS/TRIPS
WINTER SKILL DEVELOP
OAK POINT LESSONS
PARK MAINTENANCE
OUTDOOR CTR PROGRAM
PRAIRIE VILLAGE LIQUOR #1
EQUIPMENT MAINTENANCE
WATER METER REPAIR
EQUIPMENT MAINTENANCE
PARK MAINTENANCE
IN SERVICE TRAINING
PRAIRE VIEW LIQUOR #3
SEWER LIFTSTATION
POLICE
EQUIPMENT MAINTENANCE
PARK MAINTENANCE
WATER TREATMENT PLANT
ICE SHOW
ICE ARENA
10 MGD WATER PLANT EXPANSION
POLICE
ICE ARENA
ICE SHOW
EQUIPMENT MAINTENANCE
SOFTBALL
10 MGD WATER PLANT EXPANSION
OAK POINT OPERATIONS
WATER METER REPAIR
SEWER SYSTEM MAINTENANCE
POLICE
STORM DRAINAGE
OUTDOOR CTR PROGRAM
BENEFITS
PRAIRE VIEW LIQUOR #3
EQUIPMENT MAINTENANCE
RINK MONITOR
AFTER SCHOOL PROGRAM
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
51757
51758
51759
51760
51761
51762
51763
51764
51765
51766
51767
51768
51769
51770
51771
51772
51773
51774
51775
51776
51777
51778
51779
51780
51781
51782
51783
51784
51785
51786
51787
51788
51789
51790
5179l
51792
51793
51794
51795
51796
51797
51798
51799
51800
51801
51802
51803
51804
51805
51806
51807
51808
51809
51810
51811
$2,100.00
$20.70
$580.00
$10.00
$634.00
$300.00
$1,565.75
$198.24
$425.08
$221. 93
$101.13
$155.00
$33,440.00
$24.76
$245.87
$4,500.00
$551.67
$37.50
$56.52
$9,924.46
$365.94
$1,233.57
$29.00
$29.00
$10.56
$28.00
$15.21
$123.60
$10.63
$990.00
$1,550.00
$108.00
$984.03
$11,716.81
$130.72
$285.46
$42.60
$46.86
$285.77
$745.70
$753.05
$11.50
$6,369.00
$100.00
$609.00
$108.00
$3,764.50
$398.99
$43.65
$4,500.00
$713.25
$235.51
$26.00
$70.37
$24.00
VENDOR
CHALLENGE PRINTING
CHANHASSEN LAWN AND SPORTS
CHUCK GOBLE
CINDY ERICSON
CITY OF BLOOMINGTON
CITY OF EDINA
CLEAN SWEEP INC
CLIFF CRACAUER
COLIN SCHMIDT
CONNEY SAFETY PRODUCTS
CONSOLIDATED PLASTICS COMPANY
CONSTRUCTION BULLETIN
CONTROL SERVICES OF MN
COOPERATIVE POWER ASSOC
COpy EQUIPMENT INC
CORNERSTONE
CRYSTEEL TRUCK EQUIPMENT INC
CULLIGAN-METRO
CUMMINS NORTH CENTRAL INC
CUTLER-MAGNER COMPANY
D C HEY COMPANY
DANKO EMERGENCY EQUIPMENT CO
DARRELL GILMORE
DEANNA ANDERSON
DEB SZMERGALSKI
DEB WILLIAMS
DEBRA HUNTLEY
DELEGARD TOOL CO
DENISE MUNSON
DEPARTMENT OF PUBLIC SAFETY
DON ANDERSON II
DPC INDUSTRIES INC
DYNA SYSTEMS
E F JOHNSON CO
EARL F ANDERSON
EDEN PRAIRIE CHAMBER OF COMMER
EDEN PRAIRIE CLEANERS-REGAL CL
EDEN PRAIRIE FLORIST
EDEN PRAIRIE FORD
EDEN PRAIRIE SCHOOL DISTRICT N
EDINA POLICE DEPARTMENT
ELIZABETH LAMMERS
EPISCOPAL COMMUNITY SERVICES
ERIC GRANNES
ERIC SIT
EXPRESS MESSENGER SYSTEMS INC
FAMILY & CHILDRENS SERVICE
FIBRCOM
FIRESIDE CORNER
FIRSTAR TRUST COMPANY
FLOYD TOTAL SECURITY
FLYING CLOUD ANIMAL HOSPITAL
FONDA BROEKHUIS
G & K SERVICES DIRECT PURCHASE
GAIL TOATLEY
30-APR-1997 (15:17)
DESCRIPTION
DEPOSITS
OPERATING SUPPLIES-GENERAL
WAGES CONTRACTED
ADULT/YOUTH/OUTDOOR CTR PROG
KENNEL SERVICE
CONST TESTING-SOIL BORING
CONTRACTED EQUIP REPAIR
MILEAGE AND PARKING
SCHOOLS
REPAIR & MAINT SUPPLIES
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
IMPROVEMENT CONTRACTS
PRINTING
OPERATING SUPPLIES-GENERAL
PROFESSIONAL SERVICES
EQUIPMENT PARTS
WATER SOFTNER
EQUIPMENT PARTS
CHEMICALS
OFFICE EQUIP MAINT
CONTRACTED REPAIR & MAINT
REFUND
RFND SWIMMING
RFND SWIMMING
RFND GYMNASTICS EMILY
LESSONS/CLASSES
SMALL TOOLS
OPERATING SUPPLIES-GENERAL
CONTRACTED COMM MAINT
OTHER CONTRACTED SERVICES
CONTRACTED REPAIR & MAINT
REPAIR & MAINT SUPPLIES
OTHER EQUIPMENT
OPERATING SUPPLIES-GENERAL
TRAVEL
PROFESSIONAL SERVICES
OPERATING SUPPLIES-GENERAL
EQUIPMENT PARTS
TRANSPORTATION
CLOTHING & UNIFORMS
LESSONS/CLASSES
PROFESSIONAL SERVICES
VIOLATION FEES
INSTRUCTOR SERVICE
POSTAGE
PROFESSIONAL SERVICES
COMMUNICATIONS
BLDG SURCHARGES
INTEREST
OTHER CONTRACTED SERVICES
CANINE SUPPLIES
REFUND SWIMMING REBECCA
CLOTHING & UNIFORMS
OTHER REVENUE
PROGRAM
IDR BOND RCTS
PARK MAINTENANCE
FIRE
SPRING SKILL DEVELOP
ANIMAL WARDEN PROJECT
WATER SYSTEM SAMPLE
PARK MAINTENANCE
EQUIPMENT MAINTENANCE
IN SERVICE TRAINING
WATER TREATMENT PLANT
WATER TREATMENT PLANT
IN SERVICE TRAINING
RETROFIT
POLICE
ENGINEERING DEPT
HOUSING, TRANS, & SOC SVC
EQUIPMENT MAINTENANCE
OUTDOOR CENTER-STARING LAKE
EQUIPMENT MAINTENANCE
WATER TREATMENT PLANT
WATER TREATMENT PLANT
FIRE
OAK POINT LESSONS
OAK POINT LESSONS
OAK POINT LESSONS
SPRING SKILL DEVELOP
POOL LESSONS
EQUIPMENT MAINTENANCE
ICE SHOW
POLICE
ICE ARENA
FIRE
WATER TREATMENT PLANT
EQUIPMENT MAINTENANCE
TRAFFIC SIGNALING
IN SERVICE TRAINING
POLICE
FIRE
EQUIPMENT MAINTENANCE
SPECIAL EVENTS/TRIPS
POLICE
OAK POINT LESSONS
HOUSING, TRANS, & SOC SVC
ICE ARENA
WINTER SKILL DEVELOP
GENERAL
HOUSING, TRANS, & SOC SVC
POLICE
FD 10 ORG
B & PAYMENTS
PRAIRE VIEW LIQUOR #3
POLICE
OAK POINT LESSONS
STREET MAINTENANCE
FD 10 ORG
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
51812
51813
51814
51815
51816
51817
51818
51819
51820
51821
51822
51823
51824
51825
51826
51827
51828
51829
51830
51831
51832
51833
51834
51835
51836
51837
51838
51839
51840
51841
51842
51843
51844
51845
51846
51847
51848
51849
51850
51851
51852
51853
51854
51855
51856
51857
51858
51859
51860
51861
51862
51863
51864
51865
51866
$45.00
$461.30
$522.00
$460.00
$119.10
$35.66
$68.25
$1,766.00
$94.00
$195.00
$236.80
$421.17
$582.00
$82.35
$1,418.54
$97,996.13
$548.75
$83.01
$2,080.00
$58.32
$1,000.00
$166,074.98
$7.00
$225.64
$351. 50
$98.36
$503.02
$25.50
$36.00
$684.00
$100.00
$100.00
$100.00
$58.00
$100.00
$100.00
$185.00
$106.65
$25.37
$5.50
$12.22
$611.95
$219.07
$78.00
$30.42
$932.02
$1,832.01
$135.65
$43.12
$22,522.02
$142.52
$95.72
$1,314.72
$254.63
$3.50
VENDOR
GALAXY COMPUTER SERVICES
GENERAL OFFICE PRODUCTS COMPAN
GERALD 0 ZAHN
GERALD WERSOL
GETTMAN COMPANY
GLIDDEN COMPANY
GOPHER STATE ONE-CALL INC
GRAFIX SHOPPE
GREATER MINNEAPOLIS AREA CHAPT
H.M. CRAGG CO
HACH COMPANY
HANSEN THORP PELLINEN OLSON
HANUS BUS CO INC
HAYDEN-MURPHY EQUIPMENT COMPAN
HENNEPIN COUNTY SHERIFF
HENNEPIN COUNTY TREASURER
HENNEPIN COUNTY TREASURER-TAXP
HOFFERS INC
HONEYWELL INC
HORIZONGRAPHICS
HUMAN RESOURCE CONSULTANTS INC
HUNERBERG CONSTRUCTION COMPANY
INFORMATION POLICY OFFICE
INTOXIMETERS
ITASCA GREENHOUSE INC
J & A HANDY-CRAFTS INC
JANEX INC
JANICE TARAGOS
JAYASHREE RAMANUJAN
JEFF BARTZ
JEFF BATKER
JEFF JARNES
JIM DALY
JOANN ZAKRZEWSKI
JOHN BRAND
JOHN FERIANCEK
JOSH HENDERSON
JOYCE PRESTON
JULIE NORDBERG
JULIE TRUMBLE
KINKOS INC
KOCH SULFER PRODUCTS
KOSS
KRIS BUETTNER
KRISTY SMITH
LAB SAFETY SUPPLY INC
LAKE REGION VENDING
LAKELAND FORD TRUCK SALES
LANCE BRACE
LANG PAULY GREGERSON AND ROSOW
LAURIE HENNING
LAW ENFORCMENT TARGETS INC
LEAGUE OF MINNESOTA CITIES INS
LEHMANN FARMS
LISA BERGLY
30-APR-1997 (15:17)
DESCRIPTION
CONTRACTED REPAIR & MAINT
CLEANING SUPPLIES
OTHER CONTRACTED SERVICES
OTHER CONTRACTED SERVICES
MISC TAXABLE
BLDG REPAIR & MAINT
OTHER CONTRACTED SERVICES
NEW CAR EQUIPMENT
REC EQUIP & SUPPLIES
CONTRACTED REPAIR & MAINT
OPERATING SUPPLIES-GENERAL
DESIGN & CONST
TRANSPORTATION
32.90
BOARD OF PRISONERS SVC
LICENSES & TAXES
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
PRINTING
PROFESSIONAL SERVICES
DESIGN & CONST
PRINTING
POLICE EQUIPMENT
REC EQUIP & SUPPLIES
OPERATING SUPPLIES-GENERAL
CLEANING SUPPLIES
REFUND SWIMMING STACY
RFND PRIVATE SWIM
OTHER CONTRACTED SERVICES
VIOLATION FEES
VIOLATION FEES
VIOLATION FEES
RFND SWIMMING
VIOLATION FEES
VIOLATION FEES
OTHER CONTRACTED SERVICES
FAMILY RESIDENT MEMBERSHIP
REFUND
REFUND SKI TRIP ALEX
OPERATING SUPPLIES-GENERAL
CHEMICALS
BLDG REPAIR & MAINT
RFND SPORTS CAMP
REFUND SWIMMING
REPAIR & MAINT SUPPLIES
TOBACCO PRODUCTS
EQUIPMENT PARTS
SCHOOLS
LEGAL SERVICE
MILEAGE AND PARKING
TRAINING SUPPLIES
INSURANCE
MISC NON-TAXABLE
REFUND SWIMMING ELLEN
1
PROGRAM
INFORMATION SYSTEM
WATER UTILITY-GENERAL
VOLLEYBALL
SUNNYBROOK RD W HOMEWARD HILLS
PRAIRE VIEW LIQUOR #3
WATER TREATMENT PLANT
WATER SYSTEM MAINTENANCE
EQUIPMENT MAINTENANCE
POOL LESSONS
POLICE
WATER TREATMENT PLANT
STARING LK PLSTUCT K20
SKI TRIPS/WINTER CAMP
EQUIPMENT MAINTENANCE
POLICE
CITY CENTER OPERATING COSTS
COMMUNITY DEVELOPMENT
,PARK MAINTENANCE
WATER TREATMENT PLANT
COMMUNITY SERVICES
IN SERVICE TRAINING
CUB FOOD STORE CONSTRUCTION
CITY MANAGER
POLICE
TREE DISEASE
AFTER SCHOOL PROGRAM
EPCC MAINTENANCE
POOL LESSONS
POOL LESSONS
VOLLEYBALL
ICE ARENA
ICE ARENA
ICE ARENA
OAK POINT LESSONS
ICE ARENA
ICE ARENA
BASKETBALL
COMMUNITY CENTER ADMIN
OAK POINT LESSONS
WINTER SKILL DEVELOP
WATER SYSTEM MAINTENANCE
WATER TREATMENT PLANT
ROUND LAKE
SUMMER SKILL DEVELOP
OAK POINT LESSONS
WATER SYSTEM MAINTENANCE
PRESERVE LIQUOR #2
EQUIPMENT MAINTENANCE
POLICE
PETERSON/KLEIN ACQUIST
RECREATION ADMIN
POLICE
GENERAL
PRAIRE VIEW LIQUOR #3
POOL LESSONS
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
51867
51868
51869
51870
51871
51872
51873
51874
51875
51876
51877
51878
51879
51880
51881
51882
51883
51884
51885
51886
51887
51888
51889
51890
51891
51892
51893
51894
51895
51896
51897
51898
51899
51900
51901
51902
51903
51904
51905
51906
51907
51908
51909
51910
51911
51912
51913
51914
51915
51916
51917
51918
51919
51920
51921
$186.38
$25.50
$156.90
$139.99
$100.00
$78.00
$42.17
$1,171.50
$250.00
$43.35
$92.00
$879.61
$227,393.00
$100.00
$97.45
$80.00
$12,970.08
$780.00
$20.00
$207.20
$98.87
$160.00
$369.31
$145.48
$400.00
$504.00
$95.00
$20.00
$9,665.22
$1,479.06
$29.00
$300.00
$873.30
$239.19
$62.00
$2,179.53
$173.77
$33.30
$270.00
$23,837.50
$406.25
$18.86
$1,281.50
$650.00
$342.00
$417.57
$379.16
$1,002.63
$126.09
$93.00
$3,022.27
$72.11
$89.25
$60.89
$14.98
VENDOR
LOCATOR & MONITOR SALES
LOUISE SCHURLE
M-C INDUSTRIES INC
MARCI POGATCHNIK
MARK GIORDANO
MARY KENNEDY
MAXI-PRINT INC
MAXIMUM SOLUTIONS INC
MEALS ON WHEELS OF EDEN PRAIRI
MED-COMPASS, INC.
MEDTOX
METRO SALES INCORPORATED
METROPOLITIAN COUNCIL WASTEWAT
MIKE ORMAN
MINNESOTA CONWAY
MINNESOTA DEPT OF AGRICULTURE
MINNESOTA PIPE AND EQUIPMENT
MINNESOTA POLLUTION CONTROL AG
MINNESOTA RECREATION AND PARK
MINNESOTA SUN PUBLICATIONS
MISCO INC
MN DEPT OF PUBLIC SAFETY
MTI DISTRIBUTING CO
MUNICILITE
MW DESIGN GROUP
NATHAN D BUCK
NATIONAL CAMERA EXCHANGE
NATIONAL RECREATION AND PARK A
NATIONWIDE ADVERTISING SERVICE
NEBCO EVANS DISTRIBUTING
NICKI MLYNAR
NINE MILE WATERSHED DISTRICT
NORSEMAN OIL COMPANY
OHLIN SALES
OLSON CHAIN & CABLE CO INC
OPM INFO SYSTEMS, BRAD STARR
PAPER DIRECT INC
PAPER WAREHOUSE
PARK AUTO UPHOLSTERY
PARROTT CONTRACTING INC
PATRICK & CO
PATTY SWEDBERG
PAUL BROWN
PAUL RYAN
PHILIP MANNING
PLANT & FLANGED EQUIPMENT
PRAIRIE ELECTRIC COMPANY
PRAIRIE LAWN AND GARDEN
PRECISION BUSINESS SYSTEMS INC
PRINTERS SERVICE INC
PROSTAFF
PSC SUPPLY
PTL CONTRACTING INC
PUMP & METER SERVICE INC
QUICKSILVER EXPRESS COURIER
30-APR-1997 (15:17)
DESCRIPTION
REPAIR & MAINT SUPPLIES
REFUND SWIMMING ADAM
OPERATING SUPPLIES-GENERAL
CLOTHING & UNIFORMS
VIOLATION FEES
ADULT/YOUTH/OUTDOOR CTR PROG
PRINTING
OPERATING SUPPLIES-GENERAL
PROFESSIONAL SERVICES
PERSONNEL TESTING
PROFESSIONAL SERVICES
CONTRACTED REPAIR & MAINT
WASTE DISPOSAL
VIOLATION FEES
TRAINING SUPPLIES
CONST TESTING-SOIL BORING
EQUIPMENT PARTS
LICENSES & TAXES
DUES & SUBSCRIPTIONS
EMPLOYMENT ADVERTISING
TRAINING SUPPLIES
SCHOOLS
EQUIPMENT PARTS
NEW CAR EQUIPMENT
PROFESSIONAL SERVICES
OTHER CONTRACTED SERVICES
CONTRACTED REPAIR & MAINT
DUES & SUBSCRIPTIONS
EMPLOYMENT ADVERTISING
MERCHANDISE FOR RESALE
RFND SWIMMING
DESIGN & CONST
873.3
OFFICE SUPPLIES
REPAIR & MAINT SUPPLIES
COMPUTERS
POLICE EQUIPMENT
ACCT 124005
CONTRACTED REPAIR & MAINT
CONTRACTED REPAIR & MAINT
OPERATING SUPPLIES-GENERAL
RFND SWIMMING
OTHER CONTRACTED SERVICES
OTHER CONTRACTED SERVICES
OTHER CONTRACTED SERVICES
EQUIPMENT PARTS
CONTRACTED EQUIP REPAIR
CONTRACTED EQUIP REPAIR
CONTRACTED REPAIR & MAINT
REPAIR & MAINT SUPPLIES
OTHER CONTRACTED SERVICES
OPERATING SUPPLIES-GENERAL
BUILDING PERMIT
CONTRACTED REPAIR & MAINT
POSTAGE
PROGRAM
WATER SYSTEM MAINTENANCE
OAK POINT LESSONS
ICE SHOW
POLICE
ICE ARENA
SUMMER SKILL DEVELOP
POLICE
ICE ARENA
HOUSING, TRANS, & SOC SVC
FIRE
HUMAN RESOURCES
GENERAL
SEWER UTILITY-GENERAL
ICE ARENA
HUMAN RESOURCES
LIME SLUDGE
WATER SYSTEM MAINTENANCE
WATER WELL #6
IN SERVICE TRAINING
HUMAN RESOURCES
HUMAN RESOURCES
POLICE
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
SENIOR CENTER PROGRAM
VOLLEYBALL
POLICE
IN SERVICE TRAINING
HUMAN RESOURCES
CONCESSIONS
OAK POINT LESSONS
STORM DRAINAGE
EQUIPMENT MAINTENANCE
POLICE
WATER SYSTEM MAINTENANCE
EQUIPMENT MAINTENANCE
POLICE
POLICE
EQUIPMENT MAINTENANCE
STORM DRAINAGE
ANIMAL WARDEN PROJECT
OAK POINT LESSONS
OUTDOOR CTR PROGRAM
ICE ARENA
VOLLEYBALL
WATER TREATMENT PLANT
SEWER LIFTSTATION
WATER SYSTEM MAINTENANCE
POLICE
ICE ARENA
REC SUPERVISOR
ROUND LAKE
EP CITY CTR OPERATING COSTS
EQUIPMENT MAINTENANCE
GENERAL
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
51922
51923
51924
51925
51926
51927
51928
51929
51930
51931
51932
51933
51934
51935
51936
51937
51938
51939
51940
51941
51942
51943
51944
51945
51946
51947
51948
51949
51950
51951
51952
51953
51954
51955
51956
51957
51958
51959
51960
51961
51962
51963
51964
51965
51966
51967
51968
51969
51970
51971
51972
51973
51974
51975
51976
$113.75
$31.92
$38.00
$45.32
$467.46
$18.86
$337.90
$100.00
$720.16
$100.00
$626.86
$57.00
$67.50
$137.92
$86.00
$30.00
$49.00
$70.71
$445.33
$356.41
$65.95
$567.65
$398.00
$35.90
$125.21
$9,268.72
$25.00
$14.60
$96.20
$100.00
$850.00
$100.00
$100.00
$2,589.60
$185.52
$59.95
$16.50
$250.00
$1,082.23
$30.00
$839.85
$14.27
$29.00
$209.42
$150.62
$327.35
$709.12
$7,585.20
$80.99
$80.00
$37.65
$92.33
$188.30
$101.73
$25.00
VENDOR
R & R SPECILITIES INC
RADIO SHACK
RAYMOND DRIVER
RC IDENTIFICATIONS INC
RDO EQUIPMENT CO
REBECCA MURRAY
REBS MARKETING
REED LARSON
RESPOND SYSTEMS
RICK OLSON
RICOH CORPORATION
ROADRUNNER TRANSPORTATION INC
ROLLA-ESIC
ROLLINS OIL CO
RON WAGNER
ROSETTI VAASSEN
SANDRA OFFERMAN
SMITH & WESSON
SNAP-ON TOOLS
SNELL MECHANICAL INC
SOKKIA MEASURING SYSTEMS
SOUTHWEST SUBURBAN PUBLISHING
SPECIALTY TECHNICAL PUBLISHERS
SPORTS MUSIC INC
SPS COMPANIES
SRF CONSULTING GROUP INC
STACY ENGER
STAR TRIBUNE
STAR TRIBUNE
STEVE CARLING
STEVE KUDEBEH
STEVE ROSEN
STEVE SABES
SUBURBAN CHEVROLET GEO
SURVIVAL INK CORP
SUSAN CHOY
SUSAN ISOM
SWEDLUNDS
SYSTECH SERVICES
TAMARA LOFRANO
TEAM LABORATORY CHEMICAL CORPO
TENNANT
TERRI TOMLINSON
THE COLOR CENTER
THE PROMOTION GROUP
THE WATSON CO INC
THE WORK CONNECTION
TIE SYSTEMS INC
TIFFANY MUSOLF
TIM OROURKE
TIMBERWALL LANDSCAPING INC
TKDA
TONY LIDDELL
TOWN AND COUNTRY DODGE
TRACY PAVLICEK
30-APR-1997 (15:17)
DESCRIPTION
REPAIR & MAINT SUPPLIES
EQUIPMENT PARTS
RFND GOLD TOMMY
OPERATING SUPPLIES-GENERAL
EQUIPMENT PARTS
REFUND SWIMMING JOHN
OTHER CONTRACTED SERVICES
VIOLATION FEES
EQUIPMENT PARTS
VIOLATION FEES
CONTRACTED REPAIR & MAINT
CONTRACTED REPAIR & MAINT
OPERATING SUPPLIES-GENERAL
MOTOR FUELS
RFND FREESTYLE SKATING
RND AEROBICS CERTIFICATION
ADULT/YOUTH/OUTDOOR CTR PROG
CONTRACTED REPAIR & MAINT
SMALL TOOLS
REPAIR & MAINT SUPPLIES
OPERATING SUPPLIES-GENERAL
EMPLOYMENT ADVERTISING
DUES & SUBSCRIPTIONS
OPERATING SUPPLIES-GENERAL
BLDG REPAIR & MAINT
DESIGN & CONST
REFUND SLED HOCKEY
MISC NON-TAXABLE
MISC NON-TAXABLE
VIOLATION FEES
OTHER CONTRACTED SERVICES
VIOLATION FEES
VIOLATION FEES
EQUIPMENT PARTS
POLICE EQUIPMENT
SCHOOLS
ADULT/YOUTH/OUTDOOR CTR PROG
WASTE DISPOSAL
CONTRACTED COMM MAINT
AEROBICS CERTIFICATION
REPAIR & MAINT SUPPLIES
CONTRACTED EQUIP REPAIR
LESSONS/CLASSES
BLDG REPAIR & MAINT
SAFETY SUPPLIES
MERCHANDISE FOR RESALE
OTHER CONTRACTED SERVICES
TELEPHONE
OFFICE SUPPLIES
VIOLATION FEES
OPERATING SUPPLIES-GENERAL
OTHER CONTRACTED SERVICES
MILEAGE AND PARKING
EQUIPMENT PARTS
REFUND SLED HOCKEY
q
PROGRAM
ICE ARENA
EQUIPMENT MAINTENANCE
SPRING SKILL DEVELOP
FITNESS CLASSES
EQUIPMENT MAINTENANCE
POOL LESSONS
WATER ACCOUNTING
ICE ARENA
EQUIPMENT MAINTENANCE
ICE ARENA
GENERAL
EQUIPMENT MAINTENANCE
STORM DRAINAGE
EQUIPMENT MAINTENANCE
ICE ARENA
FITNESS CLASSES
SPRING SKILL DEVELOP
POLICE
EQUIPMENT MAINTENANCE
POOL MAINTENANCE
ENGINEERING DEPT
HUMAN RESOURCES
SEWER UTILITY-GENERAL
FITNESS CLASSES
PARK MAINTENANCE
TH212/SHADY OAK/FLYING CLOUD
ADAPTIVE RECREATION
PRAIRE VIEW LIQUOR #3
IN SERVICE TRAINING
ICE ARENA
ICE ARENA
ICE ARENA
ICE ARENA
WATER SYSTEM MAINTENANCE
POLICE
FITNESS CLASSES
SPRING SKILL DEVELOP
OUTDOOR CENTER-STARING LAKE
POLICE
FITNESS CLASSES
SEWER LIFTSTATION
PARK MAINTENANCE
POOL LESSONS
WELL #3
HUMAN RESOURCES
CONCESSIONS
PARK MAINTENANCE
GENERAL
PRAIRE VIEW LIQUOR #3
ICE ARENA
STREET MAINTENANCE
WATER SYSTEM MAINTENANCE
FIRE
EQUIPMENT MAINTENANCE
ADAPTIVE RECREATION
COUNCIL CHECK REGISTER
CHECK NO CHECK AMOUNT
51977
51978
51979
51980
51981
51982
51983
51984
51985
51986
51987
51988
51989
51990
51991
51992
51993
51994
51995
51996
51997
51998
51999
52000
52001
52002
$2,655.00
$303.00
$133.92
$85.77
$5,265.72
$549.08
$101.98
$4,025.62
$85.00
$25.00
$54.00
$995.26
$2,028.15
$175.52
$40.69
$75.67
$772 .16
$1,957.00
$117.68
$28.00
$288.96
$618.28
$110.00
$1,337.55
$164.89
$2,556.00
$1,125,731.37*
VENDOR
TRAUT WELLS
TRAVELERS DIRECTORY SERVICE
TWIN CITY OXYGEN CO
TWIN CITY TIRE
UNIFORMS UNILIMITED
UNLIMITED SUPPLIES INC
UPPER MIDWEST SALES CO
US FILTER/WATERPRO
US POSTMASTER -HOPKINS
US TENNIS ASSOCATION
VAL MUCKNICKS
VALLEY RICH CO INC
VESSCO INC
VIDEO SERVICE OF AMERICA
VWR SCIENTIFIC PRODUCTS
WALTERS SWIM SUPPLIES INC
WATER SPECIALITY OF MN INC
WATER TECHNOLOGY INC.
WAYTEK INC
WBCS
WESTSIDE EQUIPMENT
WM MUELLER AND SONS INC
WONDER WEAVERS
YALE INCORPORATED
ZEE MEDICAL SERVICE
ZIEGLER INC
30-APR-1997 (15:17)
DESCRIPTION
CONTRACTED EQUIP REPAIR
ADVERTISING
EQUIPMENT PARTS
CONTRACTED REPAIR & MAINT
CLOTHING & UNIFORMS
SMALL TOOLS
CLEANING SUPPLIES
EQUIPMENT PARTS
BUS REPLY PERMIT 1809
91364679
OTHER CONTRACTED SERVICES
CONTRACTED REPAIR & MAINT
EQUIPMENT PARTS
VIDEO SUPPLIES
OPERATING SUPPLIES-GENERAL
OPERATING SUPPLIES-GENERAL
CHEMICALS
OTHER CONTRACTED SERVICES
OPERATING SUPPLIES-GENERAL
PROFESSIONAL SERVICES
CONTRACTED REPAIR & MAINT
LANDSCAPE MTLS & AG SUPPL
OTHER CONTRACTED SERVICES
BLDG REPAIR & MAINT
SAFETY SUPPLIES
RENTALS
10
PROGRAM
WATER WELL #6
PRAIRIE VILLAGE LIQUOR #1
EQUIPMENT MAINTENANCE
EQUIPMENT MAINTENANCE
FIRE
EQUIPMENT MAINTENANCE
EPCC MAINTENANCE
WATER METER REPAIR
WATER UTILITY-GENERAL
IN SERVICE TRAINING
VOLLEYBALL
WATER SYSTEM MAINTENANCE
WATER TREATMENT PLANT
COMMUNITY SERVICES
WATER TREATMENT PLANT
POOL OPERATIONS
POOL MAINTENANCE
POOL MAINTENANCE
PARK MAINTENANCE
SENIOR CENTER PROGRAM
EQUIPMENT MAINTENANCE
PARK MAINTENANCE
SOCIAL
WATER WELL #12
POOL OPERATIONS
WATER SYSTEM MAINTENANCE
CITY COUNCIL AGENDA Date:
Section: 05/06/97
Department: Item Description: Item No.
Proposed Amendments To City Code YKA Police Chapter 4, Beer, Wine & Liquor
Requested Action
It is recommended that the City Council adopt the proposed amendments to City Code Section
4.06 subd. 3, City Code 4.80 subd. D., and adopt by reference City Code Chapter 1 and
Section 4.99.
Background
During recent compliance checks of licensed liquor establishments performed by the Police
Department, as well as a review of the code by the City Attorney's office, three issues have
come to light in regards to the present Liquor License Code 4.00.
Q) Bearpath Golf Club has requested permission to expand liquor service to allow
beverage carts to operate on the course. In researching this request, the Police
Department has found that this is a common practice on area courses and that current
State Statue as well as a neighboring city (Bloomington) allow for this practice within
their definition of "Licensed Premises." The proposed amendment adopts the State
Statute wording regarding golf courses.
@ Ciatti's Restaurant employs personnel under 18 years as dishwashers and busing staff.
The manner in which City Code Section 4.80 subd. D currently is worded appears to
restrict establishments from allowing anyone under 18 years from entering the
premises for any purpose including employment. The current code appears to be
overly restrictive to businesses trying to maintain adequate staff.
@ A recent review by the City Attorney's office indicated some confusion regarding
enforceable penalties within City Code 4.00 generally. Section 3 of the proposed
amendment addresses this issue.
The proposed amendments have been reviewed by the City Attorney's office.
Attachments
• Proposed Ordinance Amendment
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. _-97
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE SECTION 4.06, SUBD. 3, RELATING TO THE DEFINITION OF PREMISES
LICENSED UNDER A LIQUOR LICENSE; AND CITY CODE 4.80, SUBD. D, ADDRESSING
THE EMPLOYMENT OF PERSONS WORKING IN A LICENSED ESTABLISHMENT WHO
ARE UNDER 21 YEARS OF AGE; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Section 4.06, Subd. 3 is amended to read as follows:
Subd. 3. Premises Licensed. Unless expressly stated therein, a license issued under the
provisions of this Chapter shall be valid only in the compact and contiguous building or
structure situated on the premises described in the license; and all transactions related to
a sale under such license must take place within such building or structure, except that
in the case of a restaurant licensed for on sale alcoholic beverages and located on a golf
course, "licensed premises" means the entire golf course except for areas where motor
vehicles are regularly parked or operated.
Section 2. Section 4.80, Subd. D of the City Code is amended to read as follows:
SUbd. D. A person under the age of 21 years to enter an establishment licensed under
this Chapter for the purpose of purchasing or having served or delivered any alcoholic
beverage. Persons under 21 years may enter establishments licensed under this Chapter
in order to: consume meals; attend social functions that are held in a portion of the
establishment where liquor is sold: and perform work for the establishment, except that
persons under 18 years are prohibited from selling or serving any alcoholic beverage.
Section 3. City Code Chapter I entitled "General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violations" and Section 4.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 4. This ordinance shall become effective from and after its passage and
publication.
2
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on
the 6th day of May, 1997, and finally read and adopted rnd ordered published at a regular
meeting of the City Council of said City on the day of , 1997.
City Clerk Mayor
PUBLISHED in the Eden Prairie News on thc ___ day of ______ -', 1997.
j milep\ordinanc
CITY COUNCIL
PACKETS
MAY 20,1997
CITY OF EDEN PRAIRIE
CITY COUNCIL/STAFF WORKSHOP
ON YOUTH ASSESSMENT STUDY
TUESDAY, MAY 20, 1997
COUNCILMEMBERS:
CITY COUNCIL STAFF:
6:30 PM, CITY CENTER
Heritage Room IV
Mayor Jean Harris, Sherry Butcher-
Younghans, Ronald Case, Ross
Thorfinnson, Jr., and Nancy Tyra-
Lukens
City Manager Carl J. Jullie, Assistant
City Manager Chris Enger,
Recreation Supervisor Lyndell Frey,
and Recording Secretary
I. CALL MEETING TO ORDER
II. PRESENTATIONS BY LORI GERVAL. ACTING
COORDINATOR FOR THE ASSET BUILDING COMMITTEE.
AND LYNDELL FREY, RECREATION SUPERVISOR FOR THE
CITY OF EDEN PRAIRIE
III. OTHER BUSINESS
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MAY 20,1997
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 Carl J. Jullie, Assistant
City Manager Chris Enger, Director of
Parks, Recreation & Natural Resources
Bob Lambert, Director of Public Works
Eugene Dietz, City Attorney Roger Pauly,
and Council Recorder Jan Nelson
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. OPEN PODIUM
III. MINUTES
A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, MAY 6,
1997
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 6,1997
IV. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. 2ND READING OF AN ORDINANCE AMENDING CITY CODE
CHAPTER 4, SECTION 4.06, SUBD. 3. SECTION 480. SUBD. D.
AND ADOPT BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 4.99 RELATING TO BEER, WINE & LIQUOR
C. LAKE SMETANA APARTMENTS by Klodt Incorporated. 2nd Reading of
an Ordinance for PUD District Review on 17.19 acres and Zoning District
Change from Rural to RM-2.5 on 12.37 acres, Adoption of a Resolution
for Site Plan Review on 12.37 acres and Approval of a Developer's
Agreement for Lake Smetana Apartments for Klodt Incorporated.
Location: Smetana Lane. (Ordinance for PUD District Review and
Rezoning and Resolution for Site Plan Review)
City Council Agenda
May 20,1997
Page Two
D. EXTENDED STAY AMERICA by ESA Management, Inc .. 2nd
Reading of an Ordinance for Planned Unit Development District
Review on 3.63 acres and Rezoning from C-Regional to Commercial
Regional Service on 3.63 acres, Adoption of a Resolution for Site
Plan Review on 3.63 acres and Approval of a Developer's
Agreement for ESA Management, Inc.. Location: Valley View Road,
West of Market Place Drive. (Ordinance for PUD District Review
and Rezoning and Resolution for Site Plan Review)
E. TOWNPLACE CENTRE by CSM Lodging, LLC. 2nd Reading of an
Ordinance for PUD District Review on 10.59 acres and Rezoning
from R1-22 to C-Regional Service on 6.4 acres and from Public to C-
Regional Service on 4.19 acres, Adoption of a Resolution for Site
Plan Review on 10.59 acres and Approval of a Developer's
Agreement for Townplace Centre. Location: Highway 169, Leona
Road, Highway 494, Prairie Center Drive. (Ordinance for PUD
District Review and Rezoning and Resolution for Site Plan
Review)
F. APPROVE CHANGE ORDER #2 FOR LIQUOR STORE
CONSTRUCTION
G. APPROVE RECOMMENDATION FOR FEASIBILITY STUDY FOR
HIDDEN PONDS TRAIL RENOVATION
H. APPROVE RECOMMENDATION TO INSTALL PLAY EQUIPMENT
AT RILEY LAKE PARK
I. RESOLUTION APPROVING FINAL PLAT FOR MINNESOTA TREE
FOURTH ADDITION (located at the southeast and southwest
quadrant of Prairie Center Drive and Valley View Road
J. RESOLUTION APPROVING FINAL PLAT OF TOWNEPLACE
CENTRE (located north of Leona Road and east of T.H. 1691212
K. RESOLUTION APPROVING AWARD OF SELF·PROPELLED
POWER SWEEPER, I.C. 97·5436
L. APPROVAL OF TRANSFER OF PROPERTY TO HENNEPIN
COUNTY FOR THE CONSTRUCTION OF CSAH 41HIGH SCHOOL
ENTRANCE PROJECT, I.C. 96·5404
City Council Agenda
Tuesday, May 20, 1997
Page Three
M. APPROVE CHANGE ORDER NOS. 2 & 3 FOR MARKETCENTER
IMPROVEMENT CONTRACT
V. PUBLIC HEARINGS/MEETINGS
A. EQUITABLE OFFICE BUILDING by Edenvale Partners LLC .
Request for PUD Concept Review on 7.95 acres, PUD District
Review on 7.95 acres, Zoning District Change from Rural to Office
on 7.95 acres, and Preliminary Plat of 7.95 acres into one lot.
Location: Equitable Drive. (Resolution for PUD Concept Review,
Resolution for Preliminary Plat and Ordinance for PUD District
Review and Zoning District Change)
B. PAX CHRISTI CATHOLIC COMMUNITY ADDITION by Pax Christi
Catholic Community. Request for PUD Concept Amendment on 24
acres, PUD District Review on 24 acres, Zoning District Amendment
in the Public District on 24 acres and Site Plan Review on 24 acres
for construction of a 47,000 sq.ft. addition. Location: 12100 Pioneer
Trail. (Resolution for PUD Concept Amendment and Ordinance
for PUD District Review and Zoning District Amendment)
C. HOMESTEAD VILLAGE by Homestead Village, Inc. Request for
PUD Concept Amendment on 11.5 acres, PUD District Review on
2.4 acres, Zoning District Amendment in the C-Reg-Ser District on
2.4 acres and Site Plan Review on 2.4 acres for construction of a 97
unit hotel. Location: Technology Drive and Highway 212.
(Resolution for PUD Concept Amendment, Ordinance for PUD
District Review and Zoning District Amendment)
D. CODE CHANGE -TOWERS AND ANTENNAS Request for code
change to amend the City Code, Section 11.03, Subdivision 6. Site
Plan and Architectural Review, Section 11.02 Definitions, adding a
new Section 11.06 Towers and Antennas. The proposed code
changes cover regulations for the placement and height of new
towers and antennas. (Ordinance Amending Chapter 11 for
Telecommunications Tower)
VI. PAYMENT OF CLAIMS
VII. ORDINANCES AND RESOLUTIONS
City Council Agenda
Tuesday, May 20,1997
Page Four
VIII. PETITIONS, REQUESTS AND COMMUNICATIONS
A. PETITION FROM RESIDENTS OF HIDDEN GLEN
NEIGHBORHOOD
B. COMMUNICATION FROM EDEN PRAIRIE 1997 RELAY FOR LIFE
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
X. APPOINTMENTS
A. RECOMMENDATION FOR THE REAPPOINTMENT OF DELAVAN
DYE TO THE RILEY -PURGATORY -BLUFF CREEK WATERSHED
DISTRICT BOARD OF MANAGERS FOR A 3-YEAR TERM
COMMENCING JULY 30, 1997
B. CONFIRM THE APPOINTMENT OF JEFFREY BAUER AS THE
FLYING CLOUD BUSINESS ASSOCIATION REPRESENTATIVE
TO FILL AN UNEXPIRED TERM ON THE FLYING CLOUD
AIRPORT ADVISORY COMMISSION
XI. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL
RESOURCES
1. Flying Cloud Field Improvements Update and
Recommendation
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
UNAPPROYED MINUTES
CITY COUNCUJSTAFF WORKSHOP
TUESDAY, MAY 6, 1997
COUNCILMEMBERS:
CITY COUNCIL STAFF:
I. CALL MEETING TO ORDER
7:00 PM, HERITAGE ROOM IV
8080 Mitchell Road
Mayor Jean Harris, Sherry Butcher-Y ounghans,
Ronald Case, Ross Thonmnson, Jr. and Nancy
Tyra-Lukens
City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Parks,
Recreation & Facilities Bob Lambert, Director of
Public Works Gene Dietz, Director of Human
Resources & Community Services Natalie
Swaggert, Chief of Police Jim Clark and Council
Recorder Jan Nelson
Mayor Harris called the meeting to order at 6:45 p.m. Councilmember Thorfinnson was
absent.
n. DISCUSSION ON CITY COUNCIL OPERATIONAL PROCEDURES
Harris distributed a list of possible discussion items prepared by Councilmember Case with
input from Councilmember Butcher-Younghans. She said there may be other items to add
to the list. Case said most of the items he put on the list are things he felt this Council has
not had an opportunity to decide.
The Council then discussed the following items from the list.
1. Annual <wen agenda pre-Council meetjng workshops for City COUncil only to
review/address/discuss on a regular basis issues like the ones being discussed
this eyenjng
Case liked the idea of perhaps twice a year having a pre-Council meeting workshop
to discuss items that would be submitted in advance. The number of items and the
topics would determine the length of the meeting. We should also allow other
subjects to be brought up spontaneously at the meeting.
Swaggert asked if these would be Council only. Case said some items are just
process issues between Council members and would not require department staff
input. It could be determined by the topics for the workshop, and it might be
scheduled as optional for staff.
J
CITY COUNCIL/STAFF WORKSHOP MINUTES
May 6,1997
Page 2
2. Open Forum: Do we want it televised?
Case said he has talked with several mayors in the area who said they never
televise open forum sessions, and he believes at some point we might get burned
if we do continue to televise.
Tyra-Lukens thought it is good to discuss this. She thought it would look weak if
we decided not to televise any more once we have had an experience with a
grandstander. Harris thought you take care of grandstanders by how you run the
meeting.
Tyra-Lukens said this leads into another issue. She thought a guide placed outside
the door to explain how the Council meeting is run would be helpful for those who
attend the meetings. Butcher-Younghans asked if she meant a sort of policy
brochure. Tyra-Lukens thought we may want to set up some guidelines on the
length of talk.
Case thought it might be a good idea to have a line stating that the Council would
not be directly answering the questions raised in Open Forum, but rather would
usually refer the issue to Staff. Tyra-Lukens thought some people expect us to
have a dialogue with them, and they are frustrated when that doesn't occur.
Jullie asked if the Council thought it is really appropriate to have the Open Forum.
Lambert asked what would be the problem with not having it. Harris thought it
has given the appearance of our being open and respectful by giving individuals an
opportunity to make a presentation. She thought it is a wonderful public relations
tool. She has heard many plaudits of our Council, and she thought this is one way
to maintain positive public relations.
Case felt strongly about having it. There have been times when people have asked
how they would go about bringing an issue to the Council, and he has suggested
the Open Forum. He said they may not bring the issue to the Open Forum, but
they then are aware of the possibility. He thought it would be helpful to have some
guidelines on the use of the Open Forum.
Tyra-Lukens thought we also should have something about the Public Hearing
process.
Enger said the Planning Commission has the agenda available on the table outside
the Council Chamber along with a sign-up sheet for those who want to speak. This
helps to eliminate the casual comments that come up. Tyra-Lukens thought the
casual comments are sometimes valuable because it is usually someone who has a
different perspective on the issue being discussed.
Councilmembers and Staff then discussed the merits of having a sign-up procedure
for those wishing to speak at the meeting.
CITY COUNCIL/STAFF WORKSHOP MINUTES
May 6,1997
Page 3
Swaggert suggested Staff come back with a process for meeting guidelines, based
on the discussion tonight. Tyra-Lukens said she would help work on the process.
3. Date for Council Worksba.ps: Cluster ys every Tuesday
Tyra-Lukens thought it might be useful to have a workshop scheduled for the same
week as the Council meeting so we would then have a whole week without a
meeting. Case suggested we keep the 1st and 3rd as workshops during the
summer, and not schedule them on the 2nd and 4th Tuesdays. Swaggert noted
there is a Budget Workshop scheduled in July. Jullie said we also have the Joint
Meeting with the Chamber in June. Harris thought we do have some holes in our
schedule for the summer.
4. Pre-reguJar Meeting Council Worksbops: Dinner jssues, starting time, ending
time
Dietz asked if everyone is in favor of the pre-Council workshops, as there tend to
be time constraints on this type of meeting. Harris said on previous Councils we
had two kinds of workshops, and the pre-Council meeting workshops have served
a different purpose than the others. They are more educational than problem
solving and are designed to discuss things that can be addressed in 45 minutes or
so.
J ullie noted the joint meetings have taken a lot of the workshop slots, and we
appear to be moving towards addressing those issues in the regular meetings. This
will give us more flexibility for scheduling other workshops.
Case thought workshops serve multiple purposes. He tends to get stressed if he
knows there is a group waiting for us while we have dinner. We used to have joint
meetings with the Commissions, and everyone had a box lunch so that discussion
could take place while we ate. This would also be a plus for the Commissioners
and would be a better use of the time.
Butcher-Younghans did not find the joint Council/Commission meetings very
useful when she served on the Heritage Preservation Commission. She liked the
idea of coming forward when there is an issue that needs to be discussed. She
thought there are a lot of people who don It want to take extra time away from their
families.
Case thought the joint meetings give the commissions a chance to layout what they
are doing. He didnlt know if that could be accomplished if there is just one issue
or one person sent to represent the commission. He thought the joint meeting
provided a valuable interaction time.
Harris has heard responses that the joint meetings were not particularly useful. She
thought we should wait for the study that Council member Thorfinnson is doing.
CITY COUNCIL/STAFF WORKSHOP MINUTES
May 6, 1997
Page 4
Not having joint commission meetings would free up a lot of time used by the pre-
Council meetings. She suggested we keep this item open and return to it when
Thorfinnson presents his report.
Enger suggested having box lunches for some of the workshops where more time
is needed. Harris thought there are some meetings where a two-hour workshop
makes sense, and there are others that can be done in 45 minutes. She also thought
we need to be flexible in the setting depending on the subject matter.
5. Plannina= Commjssjon: Do we want it televjsed?
Case thought they have a different accountability and have had a couple of
instances with divisive meetings. A number of people have told him about how
they saw the anger of the Council when it was really the Commission that was
being televised. He asked if we are putting the commission in a position that is not
fair to them and if we are accomplishing what we want by televising their
meetings.
Enger said the original intent was for the Council and Planning Commission to be
televised to start, with other commissions added as we go along. He didn't think
that is necessarily a good idea because he doesn't think it is helping the process.
The commission needs to be working with the people in the room. They are not
as formalized as the Council, and there are not as many support staff at their
meetings. They also discuss issues that may go back to staff or may be left to be
answered before the Council.
Tyra-Lukens said she likes to watch the Planning Commission meetings on cable.
Case said he has had discussions with the School Board regarding televising. They
are very clear that they will never televise. He wasn't sure that we accomplish
what we want by televising the meeting, and people can always come to the
meeting.
Harris didn't know that a lot is gained by televising. There is a lot of discomfort
on the Planning Commission because they take a lot of heat without being able to
make the ultimate decision.
Enger said televising makes it more of a formal situation. He thought people do
not see the Planning Commission as the beginning of the process, but rather think
it is a done deal at that point. He said that is why we backed up and started the
neighborhood meetings. Staff has started to float some issues with the Council that
have come from the neighborhood meetings. He thought we might take a look at
how the Planning and Parks Commission meetings might be made to look more
like neighborhood meetings.
CITY COUNCIL/STAFF WORKSHOP MINUTES
May 6, 1997
Page 5
Butcher-Younghans asked if there are any reasons why we should televise. Harris
said the problem is how do we stop. Swaggert said part of the justification of the
expense for the Council chamber was that we would televise more meetings. We
would need some solid rationale for discontinuing the televising.
Case thought staff should take a look at this, and perhaps build some rationale for
discontinuing the televising.
6. The 11:00 P.M. reQJIest to extend rule
Case wasn't sure we are giving the right impression when we extend the meeting
by 15 minute intervals after we hit 11:00 p.m. Harris said the quality of decision
making late at night is not good. Lambert said it was brought up by Paul Redpath
when he was on the Council. Paul said he didn't make good decisions after 11:00
p.m.
Harris noted the 11:00 p.m. rule is an ordinance. Iullie said it requires unanimous
approval to extend the meeting. Case said he would like to discuss this more.
IV. OTHER BUSINESS
IV. ADJOURNMENT
Mayor Harris adjourned the meeting at 7:27 p.m.
TUESDAY, MAY 6, 1997
CITY COUNCIL:
CITY COUNCIL STAFF:
UNAPPROvED MINUTES
EDEN PRAfflIE CITY COUNCIL
7:30 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
Mayor Jean Harris, Sherry Butcher-
Youngbans, Ronald Case, Ross Tbonmnson,
Jr., and Nancy Tyra-Lukens
City Manager Carl J. Jullie, Assistant City
Manager Chris Enger, Director of Parks,
Recreation & Natural Resources Bob I.ambert,
Director of Public Works Eugene Dietz, City
Attorney Roger Pauly, and Council Recorder
Jan Nelson
PLEDGE OF ALLEGIANCE
ROLLCALL
Mayor Harris called the meeting to order at 7:35 p.m. Councilmember Thorfinnson arrived
late.
PRESENTATION OF "SENIOR AWARENESS WEEK" PROCLAMATION
Mayor Harris read the Senior Awareness Week proclamation proclaiming May 8 through May
19, 1997 to be Senior Awareness Week in Eden Prairie. A group of seniors were present to
receive the proclamation.
BOND SALE OF $3,105,000 CITY OF EDEN PRAIRIE GENERAL OBLIGATION
REFUNDING BONDS, SERIES 1997 A, AND $2,865,000 CITY OF EDEN PRAIRIE
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIFS 1997B (Resolution 97-80
Prescribing the Form and Details and Providing for the Payment of $3,105,000 City of
Eden Prairie General Obligation Refunding Bonds, Series 1997 A; Resolution 97-81
Prescribing the Form and Details and Providing for the Payment of $2,865,000 City of
Eden Prairie General Obligation Improvement Refunding Bonds, Series 1997B; and
Supplemental Resolution Relating to $2,865,000 City of Eden Prairie General Obligation
Improvement Refunding Bonds, Series 1997B Term Bonds)
Enger said this is the end of a long effort to obtain higher bond ratings. He said Moody's
Investor Services announced that we have gone up one level from our previous rating of AI.
This has implications on what we pay in interest rates. He said we received the higher rating
because of our established trend of healthy finances, strong economic growth and stable
outlook. He said the current Council's efforts on budgeting and strong administrative and
financial management have contributed in a large measure to the favorable rating. He noted
that the Supplemental Resolution relating to $2,865,000 City of Eden Prairie General
Obligation Improvement Refunding Bonds, Series 1997B Term Bonds is not needed.
1
CITY COUNCIL MINUTES
MAY 6, 1997
Page 2
Dave MacGillivray, Springsted Financial Advisers, reviewed the details of the bond sales. He
said we are refinancing in order to save interest costs and commended the effort by staff that
brought about the favorable rating. He said they are recommending that the Series 1997 A be
awarded to Norwest and the Series 1997B to Kronin.
Harris thanked Staff for their work on this.
MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution 97-80 Prescribing the
Form and Details and Providing for the Payment of $3,105,000 City of Eden Prairie General
Obligation Refunding Bonds, Series 1997 A; and to adopt Resolution 97-81 Prescribing the
Form and Details and Providing for the Payment of $2,865,000 City of Eden Prairie General
Obligation Improvement Refunding Bonds, Series 1997B. Motion carried 4-0.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added item XLA.1. Recognition of Coupcilrnember Butcher-Youppaps.
Jullie added item IV.M. LEASE AGREEMENT WITH HOLLYWOOD vIDEO
FOR LEASING SPACE AT THE liQUOR STORE
MOTION: Case moved, seconded by Butcher-Younghans, to approve the Agenda as
published and amended. Motion carried 4-0.
ll. OPEN PODIUM
Councilmember Tyra-Lukens introduced the new Executive Director of Southwest
Metro Transit, Mr. Len Simich.
Mr. Simich briefly reviewed his background and qualifications. He noted that
Southwest Metro is in a key position to play a role in the exciting opportunities in this
area. He invited Councilmembers to attend the Open House Southwest Metro will have
to tell about the new directions they are going.
Mayor Harris welcomed Mr. Simich.
ill. MINUTES
A. CITY COUNCIL/STAFF WORKSHOP HEW TUESDAY, APRIL 15,
122Z
Case said page 2, paragraph 3, sentence 4, should be changed to "Case said he
was looking for justification verbiage ... "
MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to approve
as published and amended the Minutes of the City Council/Staff Workshop
meeting held Tuesday, April 15, 1997. Motion carried 4-0.
CITY COUNCIL MINUTES
MAY 6,1997
Page 3
B. CITY COUNCIL MEETING HELD TUESDAY, APRU, IS, 1997
Case said page 4, paragraph 6, sentence 1, should be changed to: "Case was
concerned what would happen and who would pay for it if the railing couldn't
handle the load."
Butcher-Y ounghans said page 7, paragraph 5, sentence 2 should be changed to:
"She also thought that, considering current driver behavior, expanding the
transit goal is not realistic. "
MOTION: Case moved, seconded by Tyra-Lukens, to approve as published
and amended the Minutes of the City Council Meeting held Tuesday, April 15,
1997. Motion carried 4-0.
C. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, APRU, 22,
1221
MOTION: Case moved, seconded by Butcher-Younghans, to approve as
published the Minutes of the City Council/Staff Workshop held Tuesday, April
22, 1997. Motion carried 4-0.
w. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. APPROYAL OF COMMUNITY CENTER WCKER ROOM SHOWER
POLE BID PROPOSAL
C. APPROYAL OF DESIGN SERVICES FOR WAC IMPROYEMENT
CONTRACT AND FILTER PUMP IMPROYEMENTS AT EDEN
PRAffim COMMUNITY CENTER
D. PURGATORY CREEK ESTATES by Barry Post and John Brian Post. 2nd
Reading of Ordinance 19-97 for Zoning District Change from Rural to Rl-13.5.
Location: 12381 Sunnybrook Road. (Ordinance 19-97 for Rezoning)
E. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT
FOR DELLWOOD ESTATES
F. UNITED HEALTIlCARE by United Healthcare. 2nd Reading of Ordinance
20-97-PUD-12-97 for Planned Unit Development District Review on 10.4 acres
and Rezoning from Industrial to Office on 10.4 acres, Adoption of Resolution
97-82 for Site Plan Review on 10.4 acres and Approval of a Developer's
Agreement for United Healthcare. Location: Southeast comer of Prairie Center
Drive and Technology Drive. (Ordinance 20-97-POO-12-97 for POO District
Review and Rezoning and Resolution 97-82 for Site Plan Review)
CITY COUNCIL MINUTES
MAY 6, 1997
Page 4
G. CHIMNEY PINES by Laukka-Jarvis, Inc. 2nd Reading of Ordinance 15-97-
PUD-9-97 for PUD District Review on 1.29 acres and Zoning District
Amendment in the RI-9.5 District on 1.29 acres, Adoption of Resolution 97-83
for Site Plan Review on 1.29 acres and Approval of a Developer's Agreement
for Chimney Pines. Location: Spyglass Drive, south of Riverview Road.
(Ordinance 15-97-PUD-9-97 for PUn District Review and Zoning District
Amendment and Resolution 97-83 for Site Plan Review)
H. APPROYAL OF WASTE DELIVERY AGREEMENT Wrm HENNEPIN
COUNTY
I. RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT
FOR FLAGSHIP ADIDTION
J. RESOLUTION 97-84 APPROVING CONSTRUCTION PLANS AND A
CONSTRUCTION AND OPERATION AGREEMENT WITH HENNEPIN
COUNTY FOR TEMPORARY TRAmC SIGNAL AT CSAn 1 AND
CSAB 4 (Spring Road/Mitchell Road), I.C. 97-5438
K. APPROVE INFORMAL PROFESSIONAL SERVICES AGREEMENT
WIre WESTWOOD PROFESSIONAL SERVICES FOR INSTAUATION
OF TEMPORARY TRAme SIGNAL AT CSAn 1 AND CSAH 4 (Spring
Road/Mitchell Road), I.C. 97-5438
L. RESOLUTION 97-85 AMENDING FEE RESOLUTION RELATING TO
PERMIT FEES FOR WORK WITHIN THE RIGHT -OF-WAY
M. LEASE AGREEMENT WITH HOLLYWOOD VIDEO FOR LEASING
SPACE AT THE LIQUOR STORE
Regarding item K, Case asked for an estimated time to implement the signal
light. Al Gray, Staff Engineer, said the bids will be back in eight weeks. Case
asked if there is any way to push that forward. Dietz said, considering the
requirements for bidding, we are pretty much locked into that timing.
Regarding item B, Tyra-Lukens was uncomfortable awarding that with only one
bid. She did not recall having seen this happen before. Lambert said it is
rather unusual, but we had very tight specifications and only one company bid
as part of the sealed bid process. He said we probably would not get anymore
if we rebid it.
MOTION: Case moved, seconded by Butcher-Younghans, to approve items A-
M on the Consent Calendar. Motion carried 4-0.
V. PUBLIC HEARINGS/MEETINGS
CITY COUNCIL MINUTES
MAY 6, 1997
PageS
A. MENARDS EXPANSION by Marv Prochaska. Request for Planned Unit
Concept Review on 15.72 acres, Planned Unit District Review on 15.72 acres,
Zoning District Amendment in the Commercial Regional Zoning District on
15.72 acres and Site Plan Review on 15.72 acres. Location: Plaza Drive, South
of Highway 5. (Resolution 97-86 for PUD Concept Review, Ordinance for
PUD District Review and Zoning District Amendment)
Jullie said official notice of this Public Hearing was published on Apri124,
1997 in the Eden Prairie News and mailed to 27 property owners. The
proposed site plan for this project shows the construction of a 24,960 square
foot building addition.
Gary Colby, representing Menards, reviewed the expansion plans. They will
expand their product lines and will also expand the aisles.
Councilmember Thonmnson arrived at 8:05 p.m.
Enger said the Planning Commission unanimously recommended approval of
this project at its April 14, 1997 meeting, subject to the recommendations of the
Staff Report of April 11. He reviewed the staff recommendations, noting that a
PUD waiver is necessary for the proposed sign area of 500 square feet. The
project was not reviewed by the Parks, Recreation & Natural Resources
Commission.
Case thought this is a good project and applauded proponent for it.
There were no comments from the audience.
MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the Public
Hearing. Motion carried 5-0.
MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans, to adopt
Resolution 97-86 for PUD Concept Review on 15.72 acres; to approve 1st
Reading of the Ordinance for PUD District Review and Zoning District
Amendment in the Commercial Regional Zoning District on 15.72 acres; and to
direct Staff to prepare a Development Agreement incorporating Commission and
Staff recommendations. Motion carried 5-0.
B. EXECUTIVE AVIATION EXPANSION by Kelleher Construction for Site
Plan Review on 3.5 acres for construction of a 29,900 sq.ft. hangar addition to
Executive Aviation. Location: 9960 Flying Cloud Drive. (Resolution 97-87
for Site Plan Review)
Jullie said the official notice of this Public Hearing was published on Apri124,
1997 in the Eden Prairie News and mailed to two property owners. The request
is to construct a 29,900 square foot hangar addition at the Executive Aviation
s
CITY COUNCIL MINUTES
MAY 6, 1997
Page 6
Facilities at Flying Cloud Airport. The project is in conformance with the
Flying Cloud Airport Design Framework Manual approved by the City Council
in July 1996.
Dave Walock, representing Kelleher Construction, reviewed the construction
plans.
Enger said the Planning Commission unanimously recommended approval at its
April 14, 1997 meeting, subject to the recommendations of the Staff Report of
April 11. He noted that expansion of sewer and water to the airport is
scheduled for 1998. The Parks Commission did not review the project.
Case asked if there is a supervisory agency, such as the EPA, that oversees
aircraft fluid leakage as the airport is expanded. Enger was not aware of any
criteria that would be reviewed by the EPA. The State Pollution Control
Agency would be the state agency, but he was not aware of any permits that
would cause this to come to their attention.
Case asked if the airport expansion plans include a plan to NURP the water
runoff and if there are plans for dealing with the gasoline and fuel products that
may run off. Enger said we have asked MAC about the handling of runoff for
the expansion and the content of the runoff. We have been concerned about the
existing septic tanks and have questioned past practices at the airport regarding
disposal of degreasing agents. We have had a fundamental disagreement with
MAC on what should be included in the Environmental Impact Statement. He
was not sure the Environmental Quality Board has instructed MAC as to
whether to include the existing airport, but he will follow up on that issue.
Regarding the NURP ponds, he said there were none proposed for the existing
airport. The runway extension did not include NURP ponds, because they said
the runoff would not leave the airport property.
Case thought it was important to keep raising the issues as more projects are
brought forth.
Gray said they worked with MAC a few years ago and recommended they draw
up a drainage plan for the entire airport. Runoff from the operational areas of
the airport is contained within the airport and relies on percolation into the
ground. Their position on the runoff near County Road 1 is that berming
contains it. He thought there may be some direct discharges. He thought we
need to have some concern about the long term impacts. We recommended
they do an environmental assessment, and they have not responded positively to
that recommendation. We have not had disagreements with the businesses that
operate there, but have discussed the issues with MAC.
Walock said their facility will help to keep some of the aircraft from sitting on
the taxiways and they will have floor drainage in the hangars.
CITY COUNCIL MINUTES
MAY 6,1997
Page 7
There were no comments from the audience.
MOTION: Thorfinnson moved, seconded by Case, to close the Public
Hearing; to adopt Resolution 97-87 for Site Plan Review on 3.5 acres; and to
direct Staff to prepare a Development Agreement incorporating Commission and
Staff recommendations. Motion carried 5-0.
C. LAKE SMETANA APARTMENTS by Klodt Incorporated. Proposed
amendment to the original project. Request for PUD Concept Amendment on
17.19 acres, PUD District Review on 17.19 acres, Zoning District Change from
Rural to RM-2.5 on 12.37 acres and Site Plan Review on 12.37 acres for a
proposed amendment to an apartment project. Location: Smetana Lane
(Resolution 97-88 for PUD Concept Amendment and Ordinance for PUD
District Review and Zoning District Change)
Jullie said the official notice of this Public Hearing was published on April 24,
1997 in the Eden Prairie News and mailed to 13 property owners. The City
Council first approved this project in December of 1996. Due to market
changes, the developer is now proposing an additional 43 units to the 275-unit
project, for a total of 318 units. This will add a fourth story to Building Two.
Dave Clark, the project architect, said they followed Staff's recommendation to
look at a higher density because of the location of the site. They increased the
height of one of the buildings.
Tyra-Lukens asked if the building with the fourth floor will have multi-level
units. Clark said it will be one-level units.
Enger said the Planning Commission unanimously recommended approval of
this proposal at its April 28, 1997 meeting, subject to the recommendations of
the Staff Report of April 25. He reviewed the staff recommendations, noting
the project was first reviewed by the Planning Commission in November 1996,
and then was approved by the Council in December 1996. The new proposal
adds 43 more units. He reviewed the variances required for the project.
There were no comments from the audience.
MOTION: Case moved, seconded by Thorfinnson, to close the Public
Hearing; to adopt Resolution 97-88 for PUD Concept Amendment on 17.19
acres; to approve 1st Reading of the Ordinance for PUD District Review on
17.19 acres and Zoning District Change from Rural to RM-2.5 on 12.37 acres;
and to direct Staff to prepare a Development Agreement incorporating
Commission and Staff recommendations.
Motion carried 5-0.
7
CITY COUNCIL MINUTES
MAY 6, 1997
Page 8
D. VACATION 97-02 LEONA AND LEONA 2ND ADDITION (Resolution 97-
89)
J ullie said the official notice of this Public Hearing was published on April 17,
1997 in the Eden Prairie News. These vacations are being requested to
facilitate replatting of the property in conjunction with proposed development.
Appropriate replacement easements will be dedicated on the new plat.
There were no comments from the audience.
MOTION: Thorfinnson moved, seconded by Case, to close the Public
Hearing; and to adopt Resolution 97-89 Vacating the Leona Road Right-of-Way
and the Drainage and Utility Easements in Leona and Leona 2nd Addition.
Motion carried 5-0.
E. VACATION 97-03 BIRCHWOOD LABS (Resolution 97-91)
Jullie said the official notice of this Public Hearing was published on April 10,
1997, in the Eden Prairie News. This vacation is being requested to facilitate
the construction of a storage facility in accordance with the site plan approved
by the Council on April 15, 1997, for the "Prairie Green" project. A new plat
includes dedication of appropriate replacement easements.
There were no comments from the audience.
MOTION: Case moved, seconded by Thorfinnson, to close the Public
Hearing; to adopt Resolution 97-90 Vacating the Drainage and Utility
Easements within Lots 1 and 2, Block 1, Birchwood Labs. Motion carried 5-
o.
VI. PAYMENT OF CLAIMS
MOTION: Tyra-Lukens moved, seconded by Thorfinnson to approve the Payment of
Claims as submitted. Motion carried on a roll call vote, with Butcher-Y ounghans,
Case, Thorfmnson, Tyra-Lukens and Harris voting "aye."
VII. ORDINANCES AND RESOLUTIONS
A. 1ST READING OF AN ORDINANCE AMENDING CITY CODE
CHAYfER 4, SECTION 4.06, SUBD. 3, SECTION 480, SUBD. D, AND
ADOYf BY REFERENCE CITY CODE CHAYfER 1 AND SECTION 4.99
RELATING TO BEER, WINE & liQUOR
Jullie said during recent compliance checks performed by the Police Department
of licensed liquor establishments, as well as review of the Code by the City
Attorney's Office, three issues have surfaced which need to be addressed. The
CITY COUNCIL MINUTES
MAY 6, 1997
Page 9
Staff Agenda Report of May 6, 1997 describes certain changes to the present
Liquor License Code Chapter 4 which we are recommending for Council
approval.
Tyra-Lukens asked for clarification as to whether Subd. 3 of Section 1. refers to
the entire golf course except the area where motorized vehicles are kept. City
Attorney Pauly said the intention of the amendment is to permit the serving of
beverages out on the course. The exception relates to parking areas on the golf
course and the club house.
Case asked if Subd. D. of Section 2. should be 21 years instead of 18. Pauly
said Minnesota allows anyone over 18 to serve alcoholic beverages.
MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve 1st
Reading of the Ordinance for Amendments to City Code Chapter 4, Section
4.06, Subd. 3, City Code 4.80, Subd. D, and adopting by reference City Code
Chapter 1 and Section 4.99. Motion carried 5-0.
Vill. PETITIONS, REQUESTS AND COMMUNICATIONS
IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. SOUmWEST METRO TRANSIT COMMISSION (Councilmember Nancy
Tyra-Lukens)
Tyra-Lukens said the three-city reception will be held on May 22, 1997. She
invited Councilmembers to attend to meet with Southwest Metro staff and
councilmembers from the other cities. She said their current issue is losing the
bus garage that we have been leasing from MnDOT in the spring of 1998.
Current plans for the United Healthcare facility include employee parking on
Southwest Metro property with busses to take them over to the facility.
Southwest Metro signs are being placed downtown Minneapolis and in other
areas. She said they will reveal details of the proposed circulator route at the
reception on the 22nd.
x. APPOINTMENTS
XI. REPORTS OF OFFICERS
A. REPORTS OF CQUNCILMEMBERS
1. Recognition of Councilmember Butcber-Younghans
Case recognized Butcher-Younghans I involvement in planning and
executing the kick-off event for the archeological dig at Miller Store in
conjunction with the School District. Harris noted it was really a quality
event. q
CITY COUNCIL MINUTES
MAY 6, 1997
Page 10
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. Resolution 97-91 Awardjn& Contract for Sunnybrook Road
Improyements, I.C. 94-5363
Dietz presented a Summary of the Bids received, noting they were about
11 % under the estimate.
Case asked who gets the benefit of the bids being under the estimate.
Dietz replied our policies have a "not to exceed" maximum on special
assessments so it can be both parties who save.
MOTION: Thorfinnson moved, seconded by Case, to adopt Resolution
97-91 Awarding the Contract for Sunnybrook Road Improvements, I.C.
94-5363. Motion carried 5-0.
F. REPORT OF CITY ATTORNEY
xu. OrnER BUSINESS
Xill. ADJOURNMENT
MOTION: Thorfinnson moved, seconded by Case, to adjourn the meeting. Motion
carried 5-0. Mayor Harris adjourned the meeting at 8:40 p.m.
IrJ
CITY COUNCIL AGENDA DATE:
eden
r:Jralrll~ SECTION: Consent Calendar 5-20-97
DEPARTMENT: ITEM DESCRIYfION: ITEM NO.
Finance -Pat Solie Clerk's License Application List IV.A.
These licenses have been approved by the department heads responsible for the licensed activity.
CONTRACTOR (MULTI-FAMILY & COMM.)
Benson-Orth Associates, Inc.
Koll Construction
LeeAnn Chin, Inc.
Midwest Fence & Mfg. Company
Schwickert's
PLUMBING
Advanced Mechanical
Bredahl Plumbing
Commerical Plumbing & Heating, Inc.
General Plumbing & Heating, Inc.
Gertman Mechanical, LTD.
KCJ Enterprises, Inc./dba Mr. Rooter
The Plumbing Place, Inc.
R. C. Plumbing & Heating, Inc.
Sullivan Plumbing
Team Mechanical, Inc.
Westonka Plumbing & Heating, Inc.
GASFITTER
Bredahl Plumbing
CAS Mechanical, Inc.
Commerical Plumbing & Heating, Inc.
General Plumbing & Heating, Inc.
KCJ Enterprises, Inc./dba Mr. Rooter
Metro Air
R. C. Plumbing & Heating, Inc
Superior Contractors, Inc.
Westonka Plumbing & Heating, Inc.
May 20,1997 1
HEATING & VENTllA TING
CAS Mechanical, Inc.
Commerical Plumbing & Heating, Inc.
Fairmont Plumbing & Heating
Fore Mechanical, Inc.
Master Mechanical, Inc.
Metro Air
R. C. Plumbing & Heating, Inc
S out h-Town Refrigeration, Inc.
Superior Contractors, Inc.
Superior Heating & Air Conditioning
WATER SOFTENER
Clearwater Systems
LAWN FERTILIZER APPLICATORS
British Landscapes, LTD.
Fertilawn, Inc.
Henning Rohde & Associates, Inc.
Lawns R Us, Inc.
Minn. Temps/dba Enviro Lawn
Nature's Way Lawn Service
Turf Science, Inc.
Vernco Maintenance, Inc.
CITY COUNCIL AGENDA Date:
Section: Consent Calendar May 20, 2997
Department: Item Description: Item No.:
2nd Reading of an Ordinance r'i8. Police Amending City Code Chapter 4,
Beer, Wine & Liquor
Requested Action
It is recommended that the City Council adopt the 2nd reading of the ordinance
amending City Code Section 4.06 subd. 3, City Code 4.80 subd. D., and adopt by
reference City Code Chapter 1 and Section 4.99.
Background
The first reading of the ordinance was adopted at the City Council meeting held on
May 6,1997.
Attachments
Proposed Ordinance Amendment
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. _-97
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE SECTION 4.06. SVBD. 3, RELATING TO THE DEFINITION OF PREMISES
LICENSED UNDER A LIQUOR LICENSE; AND CITY CODE 4.80, SVBD. D, ADDRESSING
THE EMPLOYMENT OF PERSONS WORKING IN A LICENSED ESTABLISHMENT WHO
ARE UNDER 21 YEARS OF AGE; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER I AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAlRIE, MINNESOTA, ORDAINS:
Section 1. Section 4.06, Subd. 3 is amended to read as follows:
Subd.3. Premises Licensed. Unless expressly statcd therein, a license issued under the
provisions of this Chaptcr shall be valid only in the compact and contiguous building or
structure situated on the premises described in the license: and all transactions related to
a sale undcr such license must take place within such building or structure, except that
in the case of a restaurant licensed for on sale alcoholic beverages and located on a golf
course, "licensed premises" means the entire golf course except for areas where motor
vehicles are regularly parked or operated.
Section 2. Section 4.80, Subd. 0 of the City Code is amended to read as follows:
Subd. D. A person under thc age of 21 years to enter an establishment licensed under
this Chapter for the purpose of purchasing or having served or delivered any alcoholic
beverage. Persons under 21 years may enter establishments licensed under this Chapter
in order to: consume meals; attend social functions that are held in a portion of the
establishment where liquor is sold; and perform work for the establishment, except that
persons under 18 years are prohibited from selling or serving any alcoholic beverage.
Section 3. City Code Chapter 1 cntitled "General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violations" and Section 4.99 entitled "Violation a
Misdemeanor" are hereby adopted in thcir entirety, by reference, as though repeated verbatim
herein.
Section 4. 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 6th day of May, 1997, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of , 1997.
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the ___ day of _____ ---', 1997.
jmi\ep\ordinanc
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-20-97
SECTION: CONSENT CALENDAR
ITEM NO. LV. C
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger LAKE SMETANA APARTMENTS
Scott A. Kipp
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt 2nd Reading of an Ordinance for PUD District Review on 17. 19 acres and Zoning District
Change from Rural to RM-2.5 on 12.37 acres;
• Approve a Site Plan Review on 12.37 acres;
• Approval of a Developer's Agreement.
Supporting Reports:
1. Zoning Ordinance
2. Resolution for Site Plan Review
3. Developer's Agreement
I
LAKE SMETANA APARTMENTS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR LAKE SMETANA APARTMENTS
BY KLODT INCORPORATED
WHEREAS, Klodt Incorporated has applied for Site Plan approval of Lake Smetana Apartments on
12.37 acres for construction of a 318 unit apartment project in two buildings located at Smetana Lane to be
zoned within the RM-2.5 Zoning District by an Ordinance adopted by the City Council on May 6, 1997; and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at its November 12,
1996 and April 28, 1997 Planning Commission meetings and recommended approval of said site plans; and,
WHEREAS, the City Council has reviewed said application at a public hearing at its December 3, 1996
and May 6, 1997 meetings;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE, that site plan approval be granted to Klodt Incorporated for the construction of a 318
unit apartment project, based on plans dated November 26, 1996 and April 16, 1997 between Klodt
Incorporated, and the City of Eden Prairie.
ADOPTED by the City Council on May 20,1997.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
LAKE SMETANA APARTMENTS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 21-97-PUD-13-97
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 ofthis 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 RM-2.5 Zoning District 2l-97-PUD-13-97 (hereinafter "PUD-13-97-RM-2.5").
Section 3. The land shall be subject to the terms and conditions ofthat certain Developer's Agreement
dated as of May 20, 1997, entered into between Klodt Incorporated, and the City of Eden Prairie (hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-13-97-RM-2.5,
and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-13-97-RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-13-97 -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-13-97-RM-2.5 are justified by the design of the development described therein.
D. PUD-13-97-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-13-97-RM-2.5 and the legal
descriptions ofland in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, 'shall be
and are amended accordingly.
3
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 6th day of May,
1997, 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 20th day of May, 1997.
ATTEST:
John D. Frane, City Clerk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on ________________ _
LAKE SMETANA APARTMENTS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 21-97-PUD-13-97
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:
Sununru:y: This ordinance allows rezoning of land located at Smetana Lane from Rural to RM-2.5
on 12.37 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.
Effectiye Date: This Ordinance shall take effect upon publication.
ATTEST:
lsi John D. Frane
City Clerk
PUBLISHED in the Eden Prairie News on the
IslJean L. Harris
Mayor
-------
(A full copy ofthe text of this Ordinance is available from City Clerk.)
LAKE SMETANA APARTMENTS
Exhibit A
Legal Description:
Zoning District Change.
That pcrt of the Southecst Quarter 01 the Southwest Q\.Iorter or Section 12.. Townshi!J 115,. Range 22.
Hennepin County, Minnesota. whic:: liles Easterly of the c~nterline of the Nine Mile Cre~!< and Northerly of
the .centerline or the Town Rece 0:0 desc:'ibed in the notice or c:;)r..::::!emnction of TO'Hnsi1ip Reec. dcted
Mcrc:, .j. \950. rec:::rded Mcrc;, 2d., \950 as Doc. No. 2Si5TiS. (Inforr.1ctior. note: Town Rece now
kr:own es Smetc:na Lane)
DEVELOPER'S AGREEMENT
LAKESMffiTANAAPARTMENTS
THIS AGREEMENT, made and entered into as of May 20, 1997, by Klodt Incorporated, 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 PUD Concept Review on 17.19 acres, PUD Concept
Amendment on 17.19 acres, PUD District Review on 17.19 acres, Zoning District Change from Rural to RM-2.5
on 12.37 acres, Site Plan Review on 12.37 acres, and Preliminary Plat of 17.19 acres into one lot for construction
of a 318 unit apartment project in two buildings, situated in Hennepin County, State of Minnesota, more fully
described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the
Property;"
NOW, THEREFORE, in consideration of the City adopting Resolution No. 96-202 for PUD Concept
Review, Resolution No. for PUD Concept Amendment, Ordinance No.Q2I-'17 for PUD District Review
and Rezoning, Resolution No. 96-203 for Preliminary Plat, and Resolution No. for Site Plan Review,
Developer covenants and agrees to construction upon, developm,ent, and maintenance of said Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials dated November
26, 1996, reviewed and approved by the City Council on December 3, 1996, and materials dated
April 16, 1997, reviewed and approved by the City Council on May 6, 1997, attached hereto as
Exhibit B, subject to such changes and modifications as provided herein.
2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer
at such times and in such manner as provided therein of all of the terms, covenants, agreements, and
conditions set forth in Exhibit C, attached hereto and made a part hereof.
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 streets, sanitary sewer, water, interim irrigation systems 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, attached hereto as Exhibit F. The
plans shall include facilities for the treatment of storm water from Smetana Lane. The new public
portion of Smetana Lane shall be 32 feet in width, with concrete curb and gutter and shall terminate
in a cul-de-sac northwesterly of Nine Mile Creek as depicted on Exhibit B. Developer shall acquire
for the City additional permanent and temporary easements for the street and utility improvements
1
depicted in Exhibit B. Additional easements shall be acquired prior to issuance of grading or
building pennits. The minimum right-of-way width for Smetana Lane shall be 60 feet. From the
southeasterly tenninus of Smetana Lane, Developer shall construct a 24 feet wide private drive as
depicted on Exhibit B. The private drive shall be subject to public access as further described in
Item 8 of this Agreement. Prior to construction of the private drive, a new structure to convey Nine
Mile Creek will be constructed by the City as part of the Smetana Lake Improvements project.
Developer shall provide to the City all permanent and temporary easements needed for construction
and maintenance of the new structure.
Upon approval by the City Engineer, Developer agrees to implement the approved street and utility
plans prior to or concurrent with building construction.
4. FINAL GRADING, DRAINAGE, AND EROSION CONTROL PLAN:
A. FINAL GRADING AND DRAINAGE PLAN: Developer acknowledges that the grading
and drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading
pennit for the Property, Developer shall submit and obtain the City Engineer's 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 stonn sewers. 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. Developer shall implement the approved
plan prior to, or concurrent with building construction.
B. EROSION CONTROL PLAN: Prior to issuance of a Grading Pennit, Develcper shall
submit to the City Engineer and obtain City Engineer's 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. Developer shall implement the approved plan prior to, or
concurrent with building construction.
5. REMOVAL OF STRUCTURES AND REMOV AL/SEALING OF EXISTING WELL AND
SEPTIC SYSTEMS: Prior to issuance by City of any pennit for grading or building on the
Property, Developer agrees to submit to the Chief Building Official and obtain the Chief Building
Official's approval of, plans for demolition and/or removal of existing structures, septic systems, and
wells on the Property, and for restoring the Property to grade.
Prior to such demolition or removal, Developer shall provide to the City a certified check in the
amount of $1,000.00 to guarantee compliance with the approved plan.
City agrees to return said certified check to Developer after it is verified by City that Developer has
completed implementation of the approved plan.
6. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded
areas on the Property, Developer shall submit to the City Forester and receive the City Forester's
approval of a plan depicting the construction grading limits on the Property which limits have been
agreed upon as the limit of grading along the west side of the property as depicted in Exhibit B.
Prior to the issuance of the land alteration permit, Developer shall place a temporary construction
fence at the limits of the proposed grading as shown on Exhibit B. 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.
7. CONSERVATION EASEMENT FOR THE PROTECTION OF EXISTING TREES ON THE
PROPERTY: Prior to the release of the final plat, Developer shall submit a Conservation
Easement as depicted in Exhibit E, for review and approval by the Director of Parks, Recreation and
Natural Resources. Said easement area shall include that part of the Property shown as the
Conservation Easement area in Exhibit B.
Upon approval by the Director of Parks, Recreation and Natural Resources, Developer shall deliver
and record the Conservation Easement in the Hennepin County Recorder's/Registrars Office and
shall provide evidence of the recording of Conservation Easement prior to the release of the building
permit.
8. CROSS ACCESS AND MAINTENANCE AGREEMENT FOR PRIVATE ROAD: Prior to
release of the final plat, the Developer shall enter into an executed cross access and maintenance
agreement, the form of which shall be reviewed and approved by the City Engineer prior to
execution, which addresses public access, emergency vehicle access, public parking for ten (10)
vehicles in the southeasterly comer of the parking lot for park access, and maintenance of the private
portion of Smetana Lane as shown in Exhibit B. While public use of the private drive will be
provided for, all maintenance will be by the Developer.
Upon approval by the City Engineer, Developer shall deliver and record the cross access and
maintenance agreement in the Hennepin County Recorder'slRegistrars Office concurrent with the
final plat, and shall provide evidence of the recording of the cross access and maintenance
agree:nent prior to the release of the building permit.
9. PRETREATMENT PONDS: Prior to final plat approval on the Property, Developer shall submit
to the City Engineer and receive the City Engineer's approval of plans and design information for
all storm water quality facilities to be constructed; and receive City Engineer's approval of said
plans.
Developer shall implement the approved storm water quality facility plan concurrent with site
grading for the Property.
Upon completion of the apartment building construction and before the issuance of any certificate
of occupancy, the Developer shall provide written verification to the City Engineer that the original
design volume of the treatment pond has not diminished because of sedimentation/erosion and that
the original volume has been restored if sedimentation/erosion has occurred.
10. TREE LOSS -TREE REPLACEMENT: There are 644 caliper inches of significant trees on the
Property. Tree loss is calculated at 326 caliper inches. Tree replacement required is 221 caliper
inches. The Developer has received approval of a tree replacement plan for the Property as depicted
q
,
in Exhibit B. Said plan includes replacement trees of a 3 inch diameter minimum size for a shade
tree and a seven foot minimum height for conifer trees.
Developer agrees to implement or cause to be implemented the tree replacement plan concurrent
with building construction.
11. LANDSCAPE PLAN: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's 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 as
shown on the landscape plan as depicted on Exhibit B attached hereto. 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.
Upon approval by the City Planner, Developer agrees to implement the approved landscape plan
concurrent with building construction on the Property, and in accordance with the terms and
conditions of Exhibit C, attached hereto. Said landscaping bond shall be released in accordance with
the City Code. .
12. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's
approval of a plan for irrigation of the landscaped areas on the Property.
Upon approval by the City Planner, Developer agrees to implement the approved irrigation plan
concurrent with construction and in accordance with the terms and conditions of Exhibit C, attached
hereto.
13. DEDICATION OF PARK LAND: Developer agrees to dedicate Outlot A to the City for park
purposes, together with a 20 foot wide trail easement from the private drive southerly to the ordinary
high water level of Smetana Lake between the storm water ponds as depicted in Exhibit B. The
dedication to the City shall occur prior to the release of the final plat.
14. VACATION OF RIGHT OF WAY: Concurrent with final plat approval, the Developer shall
petition City for the vacation of that portion of existing Smetana Lane right-of-way lying southerly
of Nine Mile Creek.
15. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any pennit for
grading or construction on the Property, Developer shall submit to the Director of Parks, Recreation,
and Natural Resources, and obtain the Director's approval of detailed plans for a public trail to be
constructed on the Property. Developer shall convey trail easements, as determined by the Parks,
Recreation and Natural Resources Director. Said trail shall be constructed in the following
locations:
A. An eight-foot wide bituminous trail to be located along the south side of Smetana Lane and
the private drive from Valley View Road to the east property line, together with a southerly
extension within the trail easement to the ordinary high water level of Smetana Lake
between the storm water ponds as depicted in Exhibit B, attached hereto.
10
Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agrees to
construct said trail concurrent with public street and private drive construction on the Property, and
in accordance with the terms and conditions of Exhibit C, attached hereto.
16. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City
Planner, and receive the City Planner's approval of samples and colors of the exterior building
materials to be used on the buildings on the Property.
Upon approval by the City Planner, Developer agrees to construct the buildings on the Property
using exclusively the approved exterior materials and colors in accordance with the terms and
conditions of Exhibit C, attached hereto.
17. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner
and receive the City Planner's approval of a site lighting plan. All pole lighting shall consist of
downcast shoebox fixtures not to exceed 20 feet in height. Upon approval by the City Planner,
Developer shall implement the approved lighting plan concurrent with building construction.
18. SIGNS: Developer agrees that for each and every sign to be located on the property, Developer,
shall file an application with the City Planner for a sign permit. Said application shall include a
complete description of the sign and a sketch showing the size, location, manner of construction,
and other such information as necessary to inform the City of the kind, size, material construction,
and location of any such sign, consistent with the sign plan shown on Exhibit B and in accordance
with the requirements of City code, Section 11.70, Subdivision 5a.
19. SECTION 8 VOUCHERS: The OwnerlDeveloper agrees to accept vouchers issued pursuant to
Section 8 of the United States Housing Act of 1937, as amended, from tenants to be applied to the
rent of up to but not more than ten percent (10%) of the total units within the Project. The
OwnerlDeveloper need not accept tenants holding Section 8 vouchers unless those tenants also: (1)
perform all lease terms imposed by the Owner for all tenants of the Project including the payment of
rent and security deposits; (ii) meet all application and screening criteria imposed by the Owner for
rul tenants of the Project and (iii) pay the Owner the difference between the required market rental
for the unit and the amount of the Section 8 voucher.
If the rules governing the Section 8 program are amended so as to make limiting a property's
participation to 10% discriminatory or illegaL Owner\Developer has the option to cease participation
in the Section 8 voucher program.
20. PUD WAIVERS GRANTED: 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 _-..Ll_3'----'9~1L._ ____ _
A. Waiver from the Shore land Code as follows:
1. Lot Size of 2,725 sq. ft. per unit. (Code requires 30,000 sq. ft. per unit.)
2. 90 % of structure facing a shoreland water. (Code permits up to 50%.)
3. Building height up to 45 feet. (Code permits building height up to 35 feet.)
1/
4. 38% impervious surface. (Code pennits a maximum of30%.)
5. Encroachment into the Shore Impact Zone of Lake Smetana. (Code does not permit
encroachment into the Shore Impact Zone.)
B. Waiver to permit a cul-de-sac length of 750 feet. (Code permits a cul-de-sac length of 500
feet.)
C. Waiver to permit project density of 22.2 units per acre. (Code pennits up to 17.4 units per
acre.)
21. SPECIAL ASSESSMENT AGREEMENT: Developer acknowledges that special benefit has and
will accrue to the Property from the City's existing sanitary sewer system, and water system. Prior
to any construction on the Property, Developer agrees to execute an Assessment Agreement with
the City for trunk sanitary sewer and water assessment in the amount of $69,836.
/2-
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-20-97
SECTION: CONSENT CALENDAR
ITEM NO. :IJ/,. 0 ,
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger EXTENDED STAY AMERICA
Michael D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt 2nd Reading of an Ordinance for PUD District Review on 3.63 acres and Rezoning from C-
Regional to Commercial Regional Service on 3.63 acres;
• Approve a Site Plan Review on 3.63 acres;
• Approval of a Developer's Agreement.
Supporting Reports:
1. Zoning Ordinance
2. Resolution for Site Plan Review
3. Developer's Agreement
I
EXTENDED STAY AMERICA
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 23-97-PUD-lS-97
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 C-Regional District
and be placed in the Commercial Regional Service District 23-97-PUD-1S-97 (hereinafter "PUD-15-97-C-Regional
Service").
Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement
dated as of May 20, 1997, entered into between ESA Management, Inc., and the City of Eden Prairie (hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-lS-97-C-
Regional Service, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following fmdings:
A. PUD-IS-97-C-Regional Service is not in conflict with the goals of the Comprehensive Guide Plan
of the City.
B. PUD-15-97-C-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-15-97 -C-Regional Service are justified by the design of the development described
therein.
D. PUD-15-97-C-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-15-97-C-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 I entitled "General Provisions and Definitions Applicable to the Entire City
Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in
their entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council ofthe City of Eden Prairie on the 1st day of April,
1997, 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 20th day of May, 1997.
ATTEST:
John D. Frane, City Clerk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on _________________ '
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 23-97-PUD-15-97
EXTENDED STAY AMERICA
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:
Sununary: This ordinance allows rezoning of land located at Valley View Road West of Market
Place Drive on 3.63 acres; subject to the tenns and conditions of a developer's agreement. Exhibit A, included with
this Ordinance, gives the full legal description ofthis property.
Effectiye Date: This Ordinance shall take effect upon publication.
ATTEST:
lsi John D. Frane
City Clerk
PUBLISHED in the Eden Prairie News on the
IslJean L. Harris
Mayor
-------
(A full copy of the text of this Ordinance is available from City Clerk.)
Lf
Exhibit A
Extended Stay America
Legal Description:
Outlot A and Part of Outlot B, Bryant Lake Center
EXTENDED STAY AMERICA
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR EXTENDED STAY AMERICA BY
ESA MANAGEMENT, INC.
WHEREAS, ESA Management, Inc. has applied for Site Plan approval of Extended Stay America on
3.63 acres for construction of a 45,822 sq. ft. 3 story hotel project totaling 104 units located at Valley View
Road West of Market Place Drive to be zoned from C-Regional to Commercial Regional Service on 3.63 acres
by an Ordinance adopted by the City Council on April 1, 1997; and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 10,
1997 Planning Commission meetings and recommended approval of said site plans; and,
WHEREAS, the City Council has reviewed said application at a public hearing at its April 1, 1997
meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE, that site plan approval be granted to ESA Management, Inc. for the construction of a 3
story hotel project, based on plans dated March 25, 1997 between ESA Management, Inc. and the City of Eden
Prairie.
ADOPTED by the City Council on May 20,1997.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
DEVELOPER'S AGREEMENT
Extended Stay America
THIS AGREEMENT, made and entered into as May 20, 1997 by ESA Management, 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 Planned Unit Development Concept Review on 18 acres,
Planned Unit Development District Reiview on 3.63 acres, Rezoning from Commercial Regional to Commercial
Regional Service on 3.63 acres, Site Plan Review on 3.63 acres, and Preliminary Plat of7 acres into one lot and
two outlots for a hotel situated in Hennepin County, State of Minnesota, more fully described in Exhibit A,
attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;"
NOW, THEREFORE, in consideration ofthe City adopting Ordinance No.23-97-PUD-15-97 for Planned
Unit Development and Rezoning, Resolution No.97-62 for Preliminary Plat Review, Resolution No. 97-61 for
PUD Concept and Resolution No. for Site Plan Review, Developer covenants and agrees to construction
upon, development, and maintenance of said Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials submitted by
Developer and revised and dated April 1, 1997, reviewed and approved by the City Council on April
1, 1997, and attached hereto as Exhibit B, subject to such changes and modifications as provided
herein.
2. EXIDBIT C: Developer covenants and agrees to the performance and observance by Developer
at such times and in such manner as provided therein of all of the terms, covenants, agreements, and
conditions set forth in Exhibit C, attached hereto and made a part hereof.
3. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction
of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the
City Engineer's written approval of plans for streets, sanitary sewer, water, interim irrigation
systems and storm sewer.
Developer shall complete the implemenation of the approved plan prior to occuppancy permit
issuance.
4. FINAL GRADING, DRAINAGE, AND EROSION CONTROL PLAN:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and
drainage plan contained in Exhibit B is conceptual. Prior to the issuance of a grading 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
7
include all water quality ponds, stonn water detention areas and stonn sewers. Ali design
calculations for storm water quality and quantity together with a drainage area map shall be
submitted with the final grading and drainage plan. Developer shall complete
implementaion of the approved plan prior to issuance of any occupancy permit for the
Property.
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 confonn to the City's Erosion Control Policy labeled Exhibit D,
attached hereto and made a part hereof. Developer shall complete implementation of the
approved plan prior to issuance of any occupancy pennit for the Property.
5. RET AINING WALLS: Prior to issuance by City of a building permit for the Property, Developer
shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval
of detailed plans for the retaining walls identified on the grading plan in Exhibit B.
These plans shall include details with respect to the height, type of materials, and method of
construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan prior to the issuance
of any occupancy permit for the Property, and in accordance with the terms and conditions of
Exhibit C, attached hereto.
6. LANDSCAPE PLAN: Prior to building pennit issuance, the Developer shall submit to the City
Planner and receive the City Planner's written approval of a final landscape plan for the Property.
The approved landscape plan shall be consistent with the quantity, type, and size of plant materials
as 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 perfonnance bond, or other quarantee acceptable
to the City, equal to 150% of the cost of said improvements as required by City Code.
Developer shall complete implementation of the approved plan prior to the issuance of any
occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C,
attached hereto ..
7. IRRIGATION PLAN: Prior to building pennit issuance, the Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped
areas on the Property.
Developer shall complete implementation of the approved plan prior to the issuance of any
occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C,
attached hereto.
8. EXTERIOR MATERIALS: Developer has submitted to the City Planner, and has received the
City Planner's written approval of a plan for exterior building materials and colors for the Property
as shown on Exhibit B attached hereto. If these materials and colors are changed, the Developer
shall, prior to building permit issuance, submit to the City Planner, and receive the City Planner's
written approval of a plan depicting the exterior materials and colors to be used for the Property.
Developer shall complete implementation of the approved plan prior to the issuance of any
occupancy permit for the Property, and in accordance with the tenns and conditions of Exhibit C,
attached hereto.
9. MECHANICAL EQUIPMENT SCREENING: Developer has submitted to the City Planner, and
received the City Planner's, in hislher sole discretion, written approval of a plan for screening of
rooftop mechanical equipment on the Property, as shown on Exhibit B, attached hereto. Security
to guarantee construction of said screening shall be included with that provided for landscaping on
the Property, per City Code requirements.
Developer shall complete implementation of the approved plan prior to the issuance of any
occupancy pennit for the Property, and in accordance with the tenns and conditions of Exhibit C,
attached hereto.
If, after completion of construction of the mechanical equipment screening, it is determined by the
City Planner, in hislher sole discretion, that the constructed screening does not meet the Code
requirements to screen said equipment from public streets and differing, adjacent land uses, then
City Planner shall notify Developer and Developer shall take corrective action to reconstruct the
mechanical equipment screening in order to cure the deficiency identified by the City Planner. to
meet Code requirements. Developer acknowledges that City will not release the security provided
until all such corrective measures are satisfactorily completed by Developer.
10. SIGNS: Developer agrees that for each and every sign which requires a permit by Eden Prairie's
City Code, Section 11.70, Developer shall obtain a sign permit. The application for such a permit
shall include complete description of the sign and a sketch showing the size, location, 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 Band
in accordance with the requirements of City Code, Section 11.70, Subdivision Sa.
11. SITE LIGHTING: Prior to building pennit issuance, Developer shall submit to the City Planner
and receive the City Planner's written approval of a site lighting plan. All lighting shall consist of
downcast fixtures.
Developer shall complete implementation of the approved plan prior to the issuance of any
occupancy permit for the Property, and in accordance with the terms and conditions of Exhibit C,
attached hereto.
q
12. PUD W AIYERS GRANTED: City hereby grants the following waivers to City Code requrrements
within the Community Commercial District through the Planned Unit Development District Review
for the Property and incorporates said waivers as part of PUD /S -92
A. Front yard setback waiver from 35 to 20 feet for structure, as shown on Exibit B.
10
-_ ..
EXTENDED STAY AMERICA
OWNERS' SUPPLEMENT TO
DEVELOPER'S AGREEMENT BETWEEN
ESA MANAGEMENT, INC.
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of May 20, 1997, by and between EDEN PRAIRIE
LAND CO., II, a Minnesota LTD Partnership, hereinafter referred to as "Owner," and the CITY OF EDEN
PRAIRIE, hereinafter referred to as "City":
For, and in consideration of, and to induce City to adopt Ordinance No. 23-97-PUD-1S-97 changing the
zoning of the Property owned by Owner from the C-Regional District to the C-Regional Service District, Resolution
No. 97-61 for PUD Concept and Resolution No. __ for Site Plan Review as more fully described in that certain
Developer's Agreement entered into as of May 20, 1997, by and between ESA Management, Inc., a Delaware
Corporation, and City, Owner agrees with City as follows:
1. If ESA Management, Inc., fails to proceed in accordance with the Developer's Agreement within
24 months of the date hereof, Owner shall not oppose the City's reconsideration and rescission of
the Rezoning, Site Plan Review, Guide Plan Review ... identified above, thus restoring the existing
status of the property before this project was approved.
2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns
of the Property.
3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring
that such transferee agree to the tenns of the Developer's Agreement.
II
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-20-97
SECTION: CONSENT CALENDAR
ITEM NO. -tV E:
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger TOWNPLACE CENTRE
Micheal D. Franzen
Requested Council Action:
The Staff recommends that the Council take the following action:
• Adopt 2nd Reading ofan Ordinance for PUD District Review on 10.59 acres and Rezoning from Rl-
22 to C-Regional Service on 6.4 acres and Rezoning from Public to C-Regional Service on 4.19
acres;
• Approve a Site Plan Review on 10.59 acres;
• Approval of a Developer's Agreement.
Supporting Reports:
1. Zoning Ordinance
2. Resolution for Site Plan Review
3. Developer's Agreement
I
TOWNPLACE CENTRE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 22-97-PUD-14-97
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 Rl-22 and Public
District and be placed in the C-Regional Service Zoning District 22-97-PUD-14-97 (hereinafter "PUD-14-97-C-
Regional Service").
Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement
dated as of May 20, 1997, entered into between CSM Lodging, LLC, and the City of Eden Prairie (hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-14-97-C-
Regional Service, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-14-97-C-Regional Service is not in conflict with the goals of the Comprehensive Guide Plan
of the City.
B. PUD-14-97-C-Regional Service designed in such a manner to fonn a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are
contained in PUD-14-97 -C-Regional Service are justified by the design of the development described
therein.
D. PUD-14-97-C-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 Rl-22
and Public District and shall be included hereafter in the Planned Unit Development PUD-14-97-C-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 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 15th day of April,
1997, 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 20th day of May, 1997.
ATTEST:
John D. Frane, City Clerk Jean L. Harris, Mayor
PUBLISHED in the Eden Prairie News on ________________ _
3
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 22-97-PUD-14-97
TOWNPLACE CENTRE
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:
Summru.y: This ordinance allows rezoning of land located at North and South of the intersection
of Leona Road and Den Road on 10.59 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:
ATTEST:
lsi John D. Frane
City Clerk
This Ordinance shall take effect upon publication.
IslJean L. Harris
Mayor
PUBLISHED in the Eden Prairie News on the -------
(A full copy of the text of this Ordinance is available from City Clerk.)
Exhibit A
T ownplace Centre
Legal Description
Lots 5, 6 Auditors Subdivision n. 335 and Lots 4 -10, Block One, Leona Addition, and Lots
7,8,9, Block Two, Leona Addition
s
TOWNPLACE CENTRE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOL UTION NO.
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR TOWNPLACE CENTRE BY
CSM LODGING, LLC
WHEREAS, CSM Lodging, LLC has applied for Site Plan approval of Townplace Centre on 10.59
acres for construction of 93 unit hotel project located North and South of the intersection of Leona Road and
Den Road to be zoned from R1-22 to C-Regional Commercial on 6.4 acres and from Public to C-Regional
Service Zoning District on 4.19 acres by an Ordinance adopted by the City Council on April 15, 1997: and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 24,
1997 Planning Commission meetings and recommended approval of said site plans: and,
WHEREAS, the City Council has reviewed said application at a public hearing at its Apri115, 1997
meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE, that site plan approval be granted to CSM Lodging, LLC the construction of a 93 unit
hotel project, based on plans dated April 8, 1997 between CSM Lodging, LLC, and the City of Eden Prairie.
ADOPTED by the City Council on May 20, 1997.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
DEVELOPER'S AGREEMENT
TOWN PLACE SUITES
THIS AGREEMENT, made and entered into as of May 20,1997, by CSM Lodging,
L.L.C., a Delaware Limited Liability Company hereinafter referred to as "Developer," and the
CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept
Review on 10.59 acres, Planned Unit Development District Review on 10.59 acres, Rezoning
from RI-22 to C-Regional Service on 1.87 acres, Site Plan Review on 4.47 acres and
Preliminary Plat of 10.59 acres into four lots and one outlot, situated in Hennepin County, State
of Minnesota, for the construction of 60,631 square feet of hotel space on 1.8 acres, more fully
described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter
referred to as "the Property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance No. for
Planned Unit Development and Zoning, Resolution No. for Preliminary Plat, Resolution
No. for Site Plan Review. Developer covenants and agrees to construction upon,
development, and maintenance of said Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the
materials submitted by Developer and revised and dated February 20, 1997,
reviewed and approved by the City Council on April 15, 1997, and attached
hereto as Exhibit B, subject to such changes and modifications as provided
herein.
2. EXHIBIT C: Developer covenants and agrees to the performance and
observance by Developer at such times and in such manner as provided therein of
all of the terms, covenants, agreements, and conditions set forth in Exhibit C,
attached hereto and made a part hereof.
3. UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of 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, interim irrigation systems and storm sewer.
Developer shall complete the implementation of the approved plans prior to
occupancy permit issuance.
7
4. FINAL GRADING, DRAINAGE, AND EROSION CONTROL PLAN:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the
grading and drainage plan contained in Exhibit B is conceptual. Prior to
the issuance of a grading 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 storm
sewers. 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. Developer shall complete implementation of
the approved plan prior to issuance of any occupancy permit for the
Property.
B. EROSION CONTROL PLAN: Prior to issuance ofa grading permit,
Developer shall submit to the City Engineer and obtain City Engineer's
written approval of an erosion control plan for the Property. The erosion
control plan shall include all boundary erosion control features, temporary
stockpile locations and 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. Developer shall
complete implementation of the approved plan prior to issuance of any
occupancy permit for the Property.
5. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall
submit to the City Planner and receive the City Planner's written approval of a
final landscape plan for the Property. The approved landscape plan shall be
consistent with the quantity, type, and size of plant materials as 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 performance bond, or other
quarantee acceptable to the City, equal to 150% of the cost of said improvements
as required by City Code.
Developer shall complete implementation of the approved plan prior to the
issuance of any occupancy permit for the Property, and in accordance with the
terms and conditions of Exhibit C, attached hereto.
6. IRRIGATION PLAN: Prior to building permit issuance, the Developer shall
submit to the City Planner and receive the City Planner's written approval of a
plan for irrigation of the landscaped areas on the Property.
Developer shall complete implementation of the approved plan prior to the
issuance of any occupancy permit for the Property, and in accordance with the
terms and conditions of Exhibit C, attached hereto.
7. EXTERIOR MATERIALS: Developer has submitted to the City Planner, and
has received the City Planner's written approval of a plan for exterior building
materials and colors for the Property as shown on Exhibit B attached hereto. If
these materials and colors are changed, the Developer shall, prior to building
permit issuance, submit to the City Planner, and receive the City Planner's
approval of a plan depicting the exterior materials and colors to be used for the
Property.
Developer shall complete implementation of the approved plan prior to the
issuance of any occupancy permit for the Property, and in accordance with the
terms and conditions of Exhibit C, attached hereto.
8. MECHANICAL EQUIPMENT SCREENING: Developer has submitted to the
City Planner, and received the City Planner's written approval of a plan for
screening of rooftop mechanical equipment on the Property , as shown on Exhibit
B, attached hereto. Security to guarantee construction of said screening shall be
included with that provided for landscaping on the Property, per City Code
requirements.
If, after completion of construction of the mechanical equipment screening, it is
determined by the City Planner, in hislher sole discretion, that the constructed
screening does not meet the Code requirements to screen said equipment from
public streets and differing, adjacent land uses, then City Planner shall notify
Developer and Developer shall take corrective action to reconstruct the
mechanical equipment screening in order to cure the deficiency identified by the
City Planner. to meet Code requirements. Developer acknowledges that City will
not release the security provided until all such corrective measures are
satisfactorily completed by Developer.
9. SIGNS: Developer agrees that for each and every sign which requires a permit
by Eden Prairie's City Code, Section 11.70, Developer shall obtain a sign permit.
The application for such a permit shall include complete description of the sign
and a sketch showing the size, location, 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.
10. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to
the City Planner and receive the City Planner's written approval of a site lighting
plan. All lighting shall consist of downcast shoebox fixtures. All pole mounted
fixtures shall not exceed 20 feet in height.
Developer shall complete implementation of the approved plan prior to the
q
issuance of any occupancy permit for the Property, and in accordance with the
terms and conditions of Exhibit C, attached hereto.
11. CROSS ACCESS, USE AND MAINTENANCE AGREEMENT: Upon
request of the City and owner of the property adjacent to the east of the Property
( the "Adjacent Property"), 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.
12. TREE LOSS -TREE REPLACEMENT: There are 370 caliper inches of
significant trees on the property. Tree loss is calculated at 370 caliper inches.
Tree replacement required is 232 caliper inches, which may include plantings
around the Nurp pond to be constructed by the Developer on the property
adjacent to the north of the Property .. Prior to the release ofthe final plat,
Developer shall submit to the City Forester and receive the City Forester's written
approval of a tree replacement plan for 232 diameter inches. Said plan shall
include replacement trees of a 3 inch diameter minimum size for a shade tree and
a seven foot minimum height for conifer trees.
Upon approval by the City Forester, Developer agrees to implement the approved
tree replacement plan prior to prior to occupancy permit issuance.
13. SPECIAL ASSESSMENT AGREEMENT: Developer agrees to enter into a
special assessment agreement for the Property for trunk sanitary sewer and
watermain charges in the amount of $6,073.00. The special assessment is
attached as Exhibit E.
14. PUD WAIVERS GRANTED: To the extent depicted in Exhibit B, City hereby
grants the following waivers to City Code requirements within the Commercial
District through the Planned Unit Development District Review for the Property,
and incorporates said waivers as part of PUD _____ _
A. Building height from 40 to 44 feet as shown on Exhibit B, attached hereto.
B. Floor area ratio from .40 to .76 as shown on Exhibit B, attached hereto.
10
EDEN PRAIRIE CITY COUNCIL AGENDA Date: 5/20/97
Section: Consent Calendar
Department: Item Description: Approve change order #2 Item No.:
Facilities, for liquor store construction. 7Vr
Barbara Cross
RECOMMENDATION:
Staff recommends approval of change order #2 in the amount of$1,556.16. This change order will
increase the liquor store construction contract to the new total of $1,227,239.39.
BACKGROUND:
Changes were necessary to make the new liquor store more functional for operations and maintenance.
The changes are described in detail on the attached page.
The building is under construction and expected to be completed June 15, 1997.
FINANCIAL CONSIDERATIONS:
The money for the additional improvements will be funded with proceeds from the liquor store
operations.
1
CHANGE
ORDER
AlA DOCUMENT C701
Distribution to:
OWNER 0
ARCHITECT 0
CONTRACTOR 0
FIELD 0
OTHER 0
CHANGE ORDER NUMBER: 1..
INITIATION DATE: 'M-IAf'I~'U" l'Y11
ARCHITECT'S PROJECT NO: 0441
CONTRACT FOR: MUJ..UC1~1,... ~t;}Jf
Atit' TeJ¥~ ~ta:
CONTRACT DATE: 1...'L~~
You are directed to make the following changes in this Contract:
"at valid until ;igned bv both the Owner J.nd ,-\rchitect.
Signature 0i the Contractor indiote; his agreement here'."th, including Jny .Joiustment in the Contract Sum tJr CclntraG Time,
The original (Contrac~ Sum) '(;IoI:U3.Q.J;e~ ~!lJ,i",*"w (9.01 was,. , .. , ..................... S
:---.let change by previously authorized Change Orders .................................. , S
The (Contract Suml(;IoI3.F«Rt'iwd 'a.xiOFtI:lI'T'1 ("s'" prIor to this Change Order was ...... , .. , S
The (Contract Suml ~l:Iar8001~Qed. \iiil"'iw~ (gst) will be (increased) ielee:~€'&~d) :I:!II"IEF1f!<F!"eei1
by this Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. S
The new (Contract Sum) ((;l:Ia .... Fltee"d Ma,~illlttfil¥C0:r+ including this Change Order will be ... S
The Contract Time will be (iRGies:;;~ (Ei9€FeS:~9Ei) :unchanged) bv
The Date of Substantial Completion as of the date of this Change Order therefore is
Authorized:
OITi tf m;,4 WlrtlE
By ________________________ _
DATE
AlA DOCUMENT G701 • CHANGE ORDER • ,-\PRIL 1978 EDITION • ,~IA'~ • @ 1978
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 ,'JEW YORK AVE., N.W,. WASHINGTON, D.C. 20006
By ____________________ ~-
DATE
Gi01 -1978
--. -,------,
MICI-lAbL J. WILKU6 AlA
JbFFRbY M: RAPP AlA·
NlICl-IA!;L J. WILk:U6
!\RCl-lITI;CT6, INC.
~180 W!;6T 78T~ 6F~!;!;T
)b;N PRA II=<I b; , MINNb;oOTA
12) Q4q·Oq85 55344
lx) Q4Q·Q047
Eden Prairie Municipal Development
Eden Prairie, MN
Change Order No: 2
24 April 1997
Description
Item No.1: Add additional carpet and base as per Proposal Request No.
3, due to increase in office size as directed by the Client.
56.l3
Item No. 2A: Revise light location in Room 007 as per Proposal Request
No.3, as directed by the Architect.
No Charge
Item No. 2B: Add pendant light fixture in Room 007 as per Proposal
Request No. 3~ as directed by the Client.
167.81
Item No.3: Add two (2) duplex outlets in Room 007 in the same area as
pendant light (Item No. 2B) as per Proposal Request No.3,
as directed by the Client.
158.22
Item No.4: Add raceway to storefront signage in lieu of individual letter
electrical connections, as directed by the client.
1, 173.00
Total: Change Order No.2 1,555.16
w.\jobs\epliquor\co#2.doc
CITY COUNCIL AGENDA Date: May 20, 1997
Section: Consent Calendar
Department: PRNR Item Description: Request for Feasibility Study for Item NOojJJ. G ,
Bob Lambert, Director ~ Hidden Ponds Trails Im~rovements
REQUEST:
Staff requests the City Council authorize the Engineering Department to conduct a feasibility study
to determine the cost of upgrading the trail within the Hidden Ponds First and Second Additions to
City standards. Upon completion of the study, the Engineering Department would request the
Council to set a public hearing and notify all residents within the Hidden Ponds First and Second
Addition of the results of the study and the proposed assessment cost to their property.
The study will provide cost estimates to widen the trail within the Second Addition to an eight-foot
asphalt trail, and will determine options and cost estimates for replacing the section of trail that has
been removed by property owners in the First Addition.
BACKGROUND:
Outlots A and B of Hidden Ponds Second Addition were owned by the Homeowner's Association,
which ceased to operate in approximately 1985. Outlots A and B of the First Addition were owned
by the defunct Corporation of Ecklund and Swedlund. The members of the Corporation included
Lynn Swedlund, A. H. Michaels, and Bruce Bren.
The City acquired ownership of Outlots A and B Hidden Ponds and is in the process of finalizing the
acquisition of Outlots A and B of Hidden Ponds Second. Residents in the Second Addition formed
a Board of Directors in 1996 and the Board of Directors authorized the transfer ofthat property to
the City of Eden Prairie. Two members of the original corporation that owned the outlots in the First
Addition resigned their positions and two new members were appointed. The newly appointed
members along with Lynn Swedlund then transferred ownership of the outlots within the First
Addition to the City of Eden Prairie in 1996.
1992 SURVEY:
In November of 1992, the City sent a survey to 252 property owners in Hidden Ponds First and
Second Additions.
Hidden Ponds First Addition Survey Results
1. Many people pointed out that decisions for Hidden Ponds First Addition may not necessarily
1
be the right decisions for Hidden Ponds Second Addition. Fifty-nine of the 7810ts (76%)
responded in the First Addition, while 92 of the 180 lots (51%) responded in the Second
Addition.
2. Sixty-three percent ofthe residents in the First Addition supported replacing trails wherever
possible. The remaining opposed replacing trails.
3. Thirty-five respondents (59%) indicated they would be willing to be assessed for trail
improvements assuming those assessments would be somewhat less than $20 per year for
approximately a ten year period. Twenty-two individuals opposed any assessments for trails.
4. The neighborhood was generally opposed to construction of sidewalks along South Shore
Lane, Parkview Lane and Ticonderoga Trail in lieu of the trails. Eight people supported
sidewalks. Forty-nine opposed sidewalks.
5. Twenty-four of those responding had lot's abutting the outlot, while 35 did not. Twenty-
three of those whose lots backed up on the outlot would be willing to continue maintaining
the adjacent outlot.
Analysis of the Survey of the First Addition:
Four ofthe five properties abutting the trail north of South Shore Lane opposed replacing the trail.
The other property lot owner did not respond, while only two of 21 lot owners backing up on the trail
south of South Shore Lane opposed the trail.
Hidden Ponds Second Addition Survey Results:
1. Ninety-two of 180 property owners in Hidden Ponds Second Addition responded to the
survey. Fifty (54%) ofthe property owners supported replacing the trails, while 41 property
owners opposed.
2. Forty-nine (54%) of the property owners would agree to an assessment to replace the trails,
while 41 would appose any assessment.
3. Sixty-eight (74%) of the property owners were in favor of the City taking ownership, while
18 opposed City ownership of the outlots.
4. Nineteen (21%) ofthe property owners supported sidewalks along South Shore Lane, while
66 (72%) opposed sidewalks.
5. Sixteen of the respondents' lots abutted the outlot and 13 of those indicated they would agree
to continue maintaining the outlot.
2
Analysis of the Survey of the Second Addition Respondents:
When reviewing the location of those property owners who supported or opposed the trail in Hidden
Ponds Second Addition, there were actually only 23 property owners that had a trail running directly
behind their lot. Of those 23 property owners, eight property owners opposed replacing the trail
nine owners were in favor of maintaining the trails, six property owners did not respond. As the
survey indicated, the majority (54%) of the property owners in the Second Addition want to keep the
trail intact and the distribution of those supporting or opposing the trail is fairly well distributed.
CITY COUNCIL ACTION -JANUARY 19, 1993:
On January 19, 1993, the City Council took the following action:
Motion: Harris moved, seconded by Pidcock, to authorize staff to proceed toward obtaining
ownership of the trails within Hidden Ponds First and Second Additions, with the following
conditions:
A. Prior to any improvements, the trails shall be owned by the City;
B. Homeowners within the two subdivisions shall agree to assessments for the
improvements; and
C. All other possibilities be explored before abandonment of the trail in Outlot A Hidden
Ponds First Addition is allowed.
The motion carried unanimously.
Due to the number of people involved and the legal steps necessary to acquire the property, it has
been a long process to acquire the outlots in the Hidden Ponds Subdivisions. City staff now requests
the Council authorize conducting a feasibility study to determine the cost for improvements and to
hold a public hearing to determine the feasibility of assessing these improvements to property owners
within these two subdivisions.
BL:mdd
HPTrailsiBob97
3
CITY COUNCIL AGENDA Date: May 20, 1997
Section: Consent Calendar
Department: PRNR Item Description: Recommendation to Install Play Item No.: 'IV. t1 ,
Bob Lambert, Director ~ Equipment at Riley Lake Park
In 1992, the City passed a referendum that included $500,000 to develop the fIrst phase of Riley Lake
Park. Shortly after that referendum, Bearpath development was approved and the City decided to
complete the development of Riley Lake Park concurrent with the realignment of Riley Lake Road.
The redevelopment of Riley Lake Park included the following:
• The park was completely regraded and seeded
• The boat launch was separated from the swimming beach with a separate boat access and
parking lot.
• The swimming beach was expanded to approximately three times its original size.
• Curb and gutter parking lots were installed with a new access from the realigned Riley Lake
Road.
• Two tennis courts, a basketball court, four volleyball courts, and two softball fields were
completed.
The riding arena presently located on Spring Road is being located to the Jacques Historical
Homestead this spring. There will also be some improvements to the Riley Jacques house and
granary.
The remaining improvements that need to take place at Riley Lake Park include additional
landscaping, installation of play equipment and construction of at least one large park shelter.
The City has budgeted $75,000 in the Capital Improvement Plan for installation of playground
equipment in Riley Lake Park with the use of cash park fees in 1997. City staff requests authorization
to develop concept plans and specifications and go to bid for completion of this project.
Insall/Bob97
1
DATE: 05120/97
EDEN PRAIRIE CITY COUNCIL AGENDA 1Y1 ITEM NO:
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Minnesota Tree Fourth Addition
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of
Minnesota Tree Fourth Addition subject to the following conditions:
• Receipt of an agreement signed by the owners in a recordable form agreeing to pay the
cash park fee that is applicable at the time of building permit issuance.
• Receipt of street lighting fee in the amount of $1,787
Background:
The owner, Walter Carpenter, is requesting City Council approval of a two lot commercial
subdivision located at the intersection of Valley View Road and Prairie Center Drive. This plat
clarifies the property boundaries of two existing parcels and separates one parcel from a larger
40 acre parcel located on the north side of Valley View Road. The plat also defines right-of-
way boundaries for Valley View Road and Prairie Center Drive.
The preliminary plat was approved in September of 1984 as part of the Learning Tree Daycare
Center project and the current proposal is consistent with the original preliminary plat.
JJ:ssa
cc: Walter Carpenter
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
MINNESOTA TREE FOURTH ADDmON
WHEREAS, the plat of Minnesota Tree Fourth Addition has been submitted in a manner
required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the
Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Minnesota Tree Fourth Addition is approved upon
compliance with the recommendation of the City Engineer's report on this plat
dated May 13, 1997.
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 May 20, 1997.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
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DATE: 05/20/97
EDEN PRAIRIE CITY COUNCIL AGENDA
ITEM NO: r.V.-S,
SECTION: Consent Calendar
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Final Plat Approval of Towneplace Centre
Jeffrey Johnson
Recommended Action:
Staff recommends that the City Council adopt the resolution approving the final plat of
Towneplace Centre subject to the following conditions:
• Receipt of warranty deed for Outlot A
• Receipt of engineering fee in the amount of $641
• Receipt of street lighting fee in the amount of $417
• The requirements as set forth in the Developer's Agreement
Background:
This proposal, located at the intersection of Den Road and Leona Road consists of 6.41 acres
to be divided into two lots and one outlot. Lots 1 and 2 are the proposed sites of a hotel and
an Office Depot.
Second Reading of the Rezoning Ordinance and fmal approval of the Developer's Agreement
is scheduled May 20, 1997.
JJ:ssa
cc: Joan Kuschke, CSM Corporation
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PLAT OF
TOWNEPLACE CENTRE
WHEREAS, the plat of Towneplace Centre 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 Towneplace Centre is approved upon compliance with
the recommendation of the City Engineer's report on this plat dated May 13,
1997.
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 May 20, 1997.
Jean L. Harris, Mayor
ATTEST: SEAL
John D. Frane, Clerk
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FOR PtIRPOS£S or rHrS PlAT, THE HORTli UN£
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SHEET 2 OF 2 SHEETS
DATE: OS/20/97
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
ITEM NO: 1JI. k".
DEPARTMENT: ITEM DESCRIPTION:
Engineering Division Award of I.C. 97-5436, Self Propelled Power Sweeper
Mary Krause
Recommended Action:
Award of I.C. 97-5436, Self Propelled Power Sweeper to Herc-U-Lift in the amount of
$36,192.96 for the sweeper and optional suspension.
Overview:
Three bids were received and are tabulated as follows:
Herc-U-Lift, Inc.
Tennant Company
Industrial Floor Maintenance
Primary Issues:
$35,085.36
$30,587.32
$26,314.00
An option for automotive type rear wheel suspension was also requested in the bid specifications
for the trail sweeper. Herc-U-Lift was the only bidder who bid this option for an additional
$1,107.60. The addition of this option will allow the sweeper to go over curbs without
damaging the machine.
Included in the bid specification was an award criteria based on a combination of price,
conformance to specifications and machine performance. The sweeper as bid by Herc-U-Lift
received the most points in the evaluation system even though it was the most expensive. The
sweeper bid by Industrial Floor Maintenance did not meet the specifications, the sweeper bid by
Tennant met 85 % of the specifications but has a smaller than required capacity which would
slow the sweeping process. Tennant also has proprietary parts which adds significant cost to
repair and upkeep.
Financial Issues:
The budgeted amount for this piece of equipment was estimated at $35,000 under budget #4540-
05138.
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. 97-5436 -Self Propelled Power Sweeper
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
HERC-U-LIFT, 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 Herc-U-Lift, Inc., in the name of the City of Eden Prairie in the amount of
$36,192.96.00 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 May 20, 1997.
Jean L. Harris, Mayor
ATIEST: SEAL
John D. Frane, City Clerk
DATE: 05120/97
EDEN PRAIRIE CITY COUNCIL AGENDA
SECTION: Consent Calendar
ITEM NO: -:JJI. L,
DEPARTMENT: ITEM DESCRIPTION: I.C. 96-5404
Engineering Division Approve transfer of Property to Hennepin County for Reconstruction of
Rodney W. Rue CSAH 4, Associated with the CSAH 4/HighSchool Entrance Project
Recommended Action:
Motion to approve transfer of city-owned property along CSAH 4 (Eden Prairie Road) to
Hennepin County for the reconstruction of CSAH 4 and authorize the Mayor and City Manager
to execute a Quit Claim Deed for said transfer.
Overview:
The conceptual layout and construction plans for this project have included the shifting of CSAH
4 (in the vicinity of Valley View Road) westerly onto "public (city and school district) property"
to accommodate the widening/reconstruction of CSAH 4.
Primary Issues:
The attached drawing and Quit Claim Deed show the property that is proposed to be transferred
to Hennepin County to accommodate the CSAH 4 reconstruction. A similar property transfer
to Hennepin County will also be occurring for the school district property to the north of this
city property. In addition, Phase IT of this project (CSAH 4/Valley View Road intersection) will
also require a similar property transfer.
The referenced property is proposed to be transferred to Hennepin County without any monetary
compensation.
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RIGHT OF WAY at EASMENT EXHIBITS
'10. I 0'" TE I 8Y I CKO-. !,.,PPcf.i ~SlCN 181-020-19 C.? 9630 Sheet of Sheets
That part of the following described property:
That part of the West One-half of the Northeast Quarter of Section 8, Township 116,
Range 22, lying westerly of the westerly right-of-way of Hennepin County State Aid
Highway Number 4, Plat Number 3, according to the recorded plat thereof, Hennepin
County, Minnesota, southerly of Duck Lake Vista, according to the recorded plat
thereof, said Hennepin County and easterly of the following described line:
Beginning at a point on the southerly line of said West One-half of the Northeast
Quarter, distant 69.72 feet westerly of the centerline of said Hennepin County
State Aid Highway Number 4, as measured along said southerly line; thence
North 01 degrees 56 minutes 21 seconds West, assuming said centerline of
Hennepin County State Aid Highway Number 4 in the Southwest Quarter of said
Northeast Quarter has a bearing of North 01 degrees 01 minutes 48 seconds
West, a distance of 688.10 feet; thence northerly along a tangential curve concave
to the east, having a central angle of 02 degrees 18 minutes 10 seconds and a
radius of 1995.47 feet, for an arc distance of 80.20 feet; thence North 00 degrees
21 minutes 49 seconds East, tangent to said curve, a distance of 379.10 feet;
thence North 89 degrees 38 minutes 11 seconds West, a distance of 11.81 feet;
thence North 00 degrees 21 minutes 49 seconds East, a distance of 42.65 feet;
thence northerly along a tangential curve concave to the west having a central
angle of 01 degrees 23 minutes 37 seconds and a radius of 3239.83 feet for an
arc distance of 78.80 feet; thence North 01 degrees 01 minutes 48 seconds West,
tangent to said curve, a distance of 102.62 feet; thence North 02 degrees 34
minutes 31 seconds East, a distance of 246.04 feet; thence North 00 degrees 27
minutes 29 seconds East, a distance of 371.31 feet, more or less to the southerly
line of Hillcrest Court North as dedicated on said Duck Lake Vista, and said line
there terminating.
Lying southerly of a line as measured along the westerly Right-ot-Way line of said Hennepin
County State Aid Highway Number 4, Plat Number 3, distant 1000.15 feet north of the south
line of said Northeast Quarter and said line forming an angle of 93 degrees 09 minutes 55
seconds as measured from south to west.
also
That part of the South feet of the Southwest Quarter of the Northeast Quarter of Section 8,
Township 116, Range 22, Hennepin County, Minnesota, lying easterly of Hennepin County State
Aid Highway Number 4, Plant Number 3, according to the recorded plat thereof, said Hennepin
County.
Form No 31-M -QUIT CLAIM DEED Minneoota Uniform Coovey.nci ... Blanb (1978)
lo.;otpo ... uon or ................
to Corporation or ParlnOnhip
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( )fi\ed( ) not required
Certificate of Real Estate Value No. .,;.
, 19
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $
Date: , 19
(reserved for recording data)
FOR VALUABLE CONSIDERA nON, The City of Eden Prairie
, a IDlIOi!:will kQl'lHl[iIligll under the laws of
I the State of , Grantor, hereby conveys and quitclaims to Hennenin County
, Grantee,
a body Politi!: Incorporate under the laws of the State of Minnesota , real property in
HenneDin County, Minnesota, described as follows:
(if more "P.ee i. needed, continue Oft back)
together with all hereditaments and appurtenances belonging thereto.
Affix Deed Tax Stamp Here
By Dr. Jean 1 Harris
Its Mavor
STATE OF MINNESOTA )
) ss. By Carl 1. Ju\lie
COUNTY OF ) Its Manal!er
The foregoing instrument was acknowledged before me this day of ,19_,
by Dr, J~ L, Hil{[i~ and CMI L llllli~
the MaYQr and City Manal!"er
of m~ Ci~ Q! Edlm Praj[il! , a municioal cornoration
under the laws of thl! Slllt~ Qf Mi!ID~QllI , on behalf of the mlIoi!:il2i11 kQ[J2Q[iIliQIl
NOTARIAL STAMP OR SEAL (OR OTHER TI11.I! OR RANK)
SIONATUltE OF PERSON TAKINO ACKNOWLEDGMENT
Tax Statemenea for the real property described in tIIi. inotrument mould b. oent
to (Include ... _ and addre .. of O ... nloo):
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS:
City of Eden Prairie
Engineering Department
8080 Mitchell Road
Eden Prairie, MN 55344
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-20-97
SECTION: CONSENT CALENDAR
ITEM NO. 1JI (().
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger Approval of Change Orders No.2 and No.3 for
Don Uram MarketCenter Construction Contract
Requested Council Action:
• Approval of Change Order No.2 for Marketcenter Construction Contract increasing the amount of
the contract by $29,414.50 to Lakeland Nursery, Inc.
• Approval of Change Order No.3 for Marketcenter Construction Contract decreasing the amount of
the contract by $231,642 to Lakeland Nursery, Inc.
Background:
Change Order No.2 includes additional work within the Eden Prairie Marketcenter for items such as :
1) Painting of Traffic Lights
2) Curb and Gutter Modifications along Singletree Lane
3) Driveway Modifications at Brunswick and Wal-Mart
4) ADA Improvements
5) Other
Change Order No.3 reflects the following deletions from the contract:
1) Phase II of the Project
2) Retaining Walls
3) Other
Financial Issues:
The entire amount will be financed with TIF designated for improvements in the Marketcenter. Originally,
this amount was estimated at $1.5M. The original contract sum with Lakeland was $972,827. With these
change orders, the new contract sum will be $837,338.60. This is a reduction in the total contract sum of
$135,488.40.
EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 5-20-97
SECTION: PUBLIC HEARINGS V. R~ ITEM NO.
DEPARTMENT: ITEM DESCRIPTION:
Community Development
Chris Enger EQUITABLE OFFICE BUILDING
Michael D. Franzen
Requested Council Action:
• 1 st Reading of an Ordinance for PUD District Review on 7.95 acres and Zoning District Change from
Rural to Office on 7.95 acres;
• Approve a Resolution for PUD Concept Review on 7.95 acres;
• Approve a Resolution for Preliminary Plat on 7.95 acres.
Background:
The Planning Commission voted 7-0 to approve the project at the May 12, 1997 meeting.
Supporting Reports:
1. Resolution for PUD Concept Review
2. Resolution for Preliminary Plat
3. Staff Report dated May 9, 1997
I
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF EQUITABLE OFFICE BUILDING FOR EDENV ALE PARTNERS LLC
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 Equitable
Office Building PUD Concept by Edenvale Partners LLC 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 May 20, 1997;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota,
as follows:
1. Equitable Office Building, 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 May 13, 1997.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated May 12, 1997.
ADOPTED by the City Council of the City of Eden Prairie this 20th day of May, 1997.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
Exhibit A
Equitable Office Building
Le~al Description
OUTLOT A, EDENV ALE 23RD ADDITION, according to the recorded plat thereof, and situate
in Hennepin County, Minnesota.
EQUITABLE OFFICE BUILDING
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF EQUITABLE OFFICE BUILDING FOR EDENV ALE PARTNERS LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Equitable Office Building for Edenva1e Partners LLC dated May
13, 1997, consisting of7.95 acres into 1 lot, 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 20th day of May, 1997.
Jean L. Harris, Mayor
ATTEST:
John D. Frane, City Clerk
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
OWNER:
LOCATION:
REQUEST:
Planning Commission
Michael D. Franzen, City Planner
May 9,1997
Equitable Office Building
Dan Dryer
Equitable Life
Equitable Drive
1. Planned Unit Development Concept Review on 7.95 acres
2. Planned Unit Development District Review on 7.95 acres
3. Zoning District Change from Rural to Office on 7.95 acres.
4. Site Plan Review on 7.95 acres.
5. Preliminary plat of 7.95 acres into one lot.
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Staff Report
Equitable Office
May 9,1997
BACKGROUND:
The site is currently guided office. Surrounding land is guided office and industrial. The site is currently
zoned rural. Surrounding land is zoned office and industrial.
SITE PLAN
The site plan shows the construction ofa two story, 19,936 square foot building on 7.95 acres at a .03 base
area ratio. The City code permits up to a .30 base area ratio. The floor area ratio is .06. 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 100 spaces. The plan meets this requirement.
PLANNED UNIT DEVELOPMENT WAIVERS:
The project requires a front yard setback waiver for parking from 35 to 25 feet along Equitable Drive. This is
needed to minimize the height of retaining walls on the slopes facing Purgatory Creek. The waiver is similar
to the waiver granted to CSM to the east of this site.
GRADING AND TREE LOSS:
There are no significant trees on site. Grading encroaches into a conservation easement. Refer to the attached
memo from Stuart Fox.
ARCHITECTURE:
The buildings meet the exterior material requirements of the office zoning district for 75% face brick and
glass. Mechanical equipment will be screened by metal panel according to City code.
LANDSCAPING:
The amount of landscaping required is based on caliper inches according to building size and screening of
parking. The amount of caliper inches required is 62 inches. The plan meets this requirement. Parking is
screened by plantings.
UTILITIES AND DRAINAGE:
Sewer and water is available in Equitable Drive. A NURP pond is shown on the plan.
2
7
Staff Report
Equitable Office
May 9,1997
SIGNS;
City code permits one, 8 foot high, 50 square foot monument sign. The sign meets this requirement. The
sign meets the required 10 foot setback.
STAFF RECOMMENDATIONS;
The staff would recommend approval of the Planned Unit Development Concept Review, Planned Unit
Development District Review, Zoning District Change from Rural to Office, Site Plan Review, and
Preliminary Plat, based on plans dated May 9, 1997 and subject to the recommendations of the staff report
dated May 9, 1997 , and subject to the following conditions:
I. Prior to final plat approval, the proponent shall:
A. Submit detailed storm water runoff, utility and erosion control plans for review by the
Watershed District.
B. Submit detailed storm water runoff, utility and erosion control plans for review by the City
Engineer.
2. Prior to Building Permit issuance, the proponent shall:
A. Pay the appropriate cash park fee.
B. Meet with the Fire Marshal to go over fire code requirements.
C. Submit samples of exterior building materials for review.
D. Submit a landscaping and screening bond for review.
4. 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.
5. The following waivers from the City code are granted as part of the Planned Unit Development
District review in the Office Zoning District:
A. Front yard setback to parking from 35 to 25 feet.
3
To:
Through:
From:
Date:
Subject:
BACKGROUND:
Memorandum
Parks, Recreation and Natural Resources Commission
Mayor and City Council
Bob Lambert, Director of Parks, Recreation and Facilities
Stuart A. FO~ager of Parks and Natural Resources
April 30, 1997
Equitable Office Building
This development is located on Equitable Drive south of the existing Sampson Studio Building. The
project is proposed on a lot that is 7.95 acres in size and currently designated as Outlot A, Edenvale
Corporate Park.
This site was rough graded approximately ten years ago when Edenvale 9th Addition was developed
and some of the remnant grading is still visible on the upper portions of the site.
NATURAL RESOURCE ISSUES:
Tree Loss
The staffhas visited the site and found there to be several scattered trees on the site; however, none
are of the size or species necessary to replace them in the Tree Preservation Ordinance. On the
lower portion ofthe site, there is a conservation easement that was filed giving the City the right to
regulate development over this particular area.
NURP Pond Installation
In order to comply with the NURP standards, an NURP pond will have to be constructed on a
portion of this area covered by the conservation easement. This pond would be similar to those
approved with the Metro Printing and Relaity Interactive Buildings. Several small cottonwood trees
will have to be cut as a result of this NURP pond facility. The staff feels that the location of the
NURP pond is acceptable and the pond is being reviewed by the Engineering Department to see if
it is sized properly for intake and discharge purposes.
q
Landscape Screening
The proposed landscape plan indicates the majority of the trees on the site will be deciduous with
some conifers and shrub species rounding out the plant list. Because of the City's requirement to
screen the parking lot, there will be a small berm built and most of the evergreen trees will be
planted along Equitable Drive. The staff would recommend that additional need of native type
plants be incorporated into the landscape plan and be installed around the NURP pond to enhance
its restoration following construction.
Sidewalk/Trail Issues
Currently, there is a five-foot wide sidewalk along Equitable Drive adjacent to this property. Staff
would recommend that the developer maintain that sidewalk during the construction of the building
and,landscaping the site. In addition, curb cuts should be made through the driveway entrance so
that pedestrians and other non motorized traffic does not have to jump the curb.
RECOMMENDATIONS:
This project is actually being brought to the Parks, Recreation and Natural Resources Commission
prior to the Planning Commission for a couple of reasons.
1. This project is on a fast track for building because it is to replace some of the tenants in the
Westwood Building that is sited for demolition with the upgrade of Highway 212.
2. Because of the meetings in May this project, if it followed the Planning Commission, would
go to the Parks, Recreation and Natural Resources Commission the night before the City
Council. The Council has expressed that the staff not bring projects in that order since
minutes and other items that come up in meetings are not fully taken care of prior to
presentation to the City Council.
The staff would recommend approval of the project. This building is similar to others throughout
the area in terms ofthe need for a NURP pond and the lack of loss of significant trees on the site.
This project should be approved with the stipulation that additional landscape material be planted
adjacent to the NURP pond.
SAF:mdd
Doc lIStuart96
10
Unapproved Minutes
Parks, Recreation and Natural Resources
Monday, May 5,1997
Currently, the City has an eight foot wide bituminous trail along the Homeward Hills
portion of the Pax Christi property. It was recommended that this trail be maintained
during the construction process and be restored wherever the trail is removed due to
construction activities.
All of the construction occurs outside the 300 foot shore land area from Purgatory
Creek. The only thing that falls within this area is the NURP pond. This was
reviewed by the Planning Commission at the April 28 meeting and it was approved
by a 6-0 vote.
Wilson was concerned about the runoff into the marsh area. Justice said they are
developing a similar drawing of storm water collection system, low grade, and curbs
on the parking lot impervious surfaces.
Brown expressed concern about the right-inlright-out. Fox noted the issue of right-
in/right-out is one issue that's going to be addressed by the City Council. The
County will also be addressing the issue of an additional entrance way on Pioneer
Trail. Whether or not that gets approved or not is based on what the County allows
because it's a County issue.
MOTION: Corneille moved, seconded by Wilson, to approve the Pax Christi
Catholic Community Addition based on the staff recommendation. Motion carried
6-0.
c. Equitable Office Building
Staffreferred the Commission to a memo dated April 30, 1997, from Stuart A. Fox,
Manager of Parks and Natural Resources.
Fox explained this has come before the Parks Commission before the Planning
Commission because the request is to do some fast tracking on this project because
currently the people who want to occupy this building are going to be displaced with
some of the Highway 212 upgrade.
Brian Trombley, ( ????? ), explained the proposal is for construction of
approximately a 20,000 square foot office building for multiple tenants on Equitable
Drive. He reviewed the building elevations and the grading plan, and noted it will
be a brick and block building. The storm water will be handled by an underground
storm sewer which will be channeled down to the northerly end and filtered into a
pond which would retain the water and then be disbursed into Purgatory Creek.
Tim Boyce, ( ????? ), noted this was originally planned as a one-story building and
explained why it will be a two-story building. He reviewed the landscaping plan and
5
II
Unapproved Minutes
Parks, Recreation and Natural Resources
Monday, May 5,1997
noted they would like to grade the entire site. There will be approximately 80 trees
and a variety of shrubs planted.
Koenig referred to the staff report's recommendation of an additional need of native
type plants to be incorporated around the NURP pond, and asked if the developer
would put in cottonwoods. Boyce replied they have no preference and would take
direction from the Commission.
Fox commented there is no significant tree loss but out on the site there are a lot of
fingerlings and (dog hair????) growth on the slope. In on,ler to comply with natural
NURP pond standards. the NURP pond would be constructed in the area covered by
the conservation easement. This pond would be similar to those approved with the
Metro Printing and Reality Interactive Buildings which were in the same type of
situation because of the grading. Staff has been meeting with the Engineering
Department to figure out where the best place is for the NURP pond. Because of this
site, the best place is down closer to the creek.
A majority of the trees included in the landscaping plan are coniferous up along the
street to provide for the screening and landscaping requirements according to the
ordinance. Staff recommended additional native type plant materials to be planted
along the NURP pond to stabilize the embankments of that pond, and to enhance its
restoration following construction to bring it back to the native type landscape that
exists today.
There is currently a five foot sidewalk along Equitable Drive and the
recommendation is to keep that sidewalk operable during construction. In addition.
curb cuts should be made through the driveway entrance so there isn't a drop from
the sidewalk through the driveway entrance into the site. The Reality Interactive site
was potentially a trail connection to reach the soft surface trail at the bottom and may
come to this site. Staff received information today which indicated it will be back
on the Reality Interactive site and not on this site if they can meet the grading
criteria.
Brown was concerned about putting up a wall when they start grading because it's
a steep slope and there could be substantial runoff. Fox said the Engineering
Department will probably require double erosion fences and will monitor those
erosion fences.
Koenig was concerned that they do not have to pay cash park fees. Lambert said
they don't have to pay cash park fees and explained why. He noted the people that
originally made those commitments are long gone.
6
I~
Unapproved Minutes
Parks, Recreation and Natural Resources
Monday, May 5, 1997
MOTION: Wilson moved, seconded by Jacobson, to approve Equitable Office Building
based on staffs recommendation, with the recommendation from the Commission that
cottonwoods be put into the landscape plan especially around the NURP pond to enhance
the native plantings. Motion carried 6-0.
V. OLD BUSINESS
A. Nesbitt Preserve Park
Staff referred the Commission to a memo dated April 21, 1997, from Bob Lambert,
Director of Parks, Recreation and Natural Resources.
Lambert presented the original grading plan for Nesbitt Preserve Park and the new
revised grading plan. He gave background information surrounding Preserve Park
and explained the recommendations of staff at this time. He reviewed the concerns
that would have to be addressed with the revised plan and what it could accomplish.
Wilson was concerned residents would be opposed to the lighting from the hockey
rinks. Lambert explained they don't have a lot of objections on hockey rinks. One
reason is the lighting is fairly low level and they're only lit in the winter time and
people are generally inside. The problem with softball lighting is people are out at
night and they require much higher poles. He noted he has never received one
complaint in 20 years about lights from a hockey rink.
Wilson commented the revised plan is a great idea because one of the problems they
have is trying to create skating opportunities and this will help that problem.
Corneille asked how staff justified trading the soccer field for the hockey rink.
Lambert said you can't justify it based only on that issue. You have to say what's
the best plan for the park and he noted the City needs hockey rinks on the east side
of town.
Jacobson asked if the parking lot is any further away from the baseball fields than
at other parks. Lambert said at least 50 percent of the baseball fields in other city
parks are this distance or further from the parking lot. If people go to a park to play
baseball or soccer and can't walk 300 feet perhaps they should reconsider their sport.
Brown asked what the proposed costs will be. Lambert said they don't have
proposed costs yet; however, it would be in the neighborhood of $300,000 to
$350,000 depending on decisions on water and sewer needs.
Lambert explained what the Commission should do if they approve this as a concept.
7
18
Date:
To:
Attention:
Regarding:
LEASE FINANCE GROUP
May 13, 1997
City of Eden Prairie
7600 Executive Drive
Eden Prairie, MN 55344
Honorable Jean Harris, Mayor
Edenvale Partners Office Building
7700 Equitable Drive
Eden Prairie, Minnesota
To the Mayor and Council Members:
I would like to thank the City of Eden Prairie staff and, in particular, Mike Franzen for
the help and cooperation they have shown us in guiding our project through Municipal
approval process.
Edenvale Partners consists of three Eden Prairie businessmen who propose to construct
a 19,936 square foot office building to serve the needs of their respective businesses as
well as provide lease space for three separate small office users, also from Eden Prairie.
One of the owners, Boys and Tyler Financial, and three potential tenants currently
office in the WestWood Professional Building which is scheduled for demolition by
MNDOT on October 31, 1997. Because of the condemnation, we find ourselves on a
fast track construction schedule.
Please consider granting us a grading, footing and foundation permit which would allow
us to begin work immediately after our Watershed District appearance on June 4, 1997,
and prior to our second City Council appearance scheduled for June 17, 1997 . Your
consideration of our request will help us keep on our already tight schedule.
Sincerely,
SUITE 203
566 PRAIRIE CENTER DRIVE
EDEN PRAIRIE, MN 55344
612/944-3314
FAX 612/944-3661