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Home My WebLink AboutCity Council - 11/18/1997AGENDA JOINT CITY COUNCIL/PARKS. RECREATION & NATURAL RESOURCES COMMISSION MEETING TUESDAY, NOVEMBER 18,1997 CITY COUNCIL: PARKS, RECREATION & NATURAL RESOURCES COMMISSION CITY COUNCIL STAFF: PARKS, RECREATION & NATURAL RESOURCES COMMISSION STAFF: PLEDGE OF ALLEGIANCE I. CALL MEETING TO ORDER II. INTRODUCTIONS III. POLICY REGARDING USER FEES IV. ADJOURNMENT 6:30 PM, CITY CENTER Heritage Room IV 8080 Mitchell Road Mayor Jean Harris, Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra-Lukens Chair Richard Brown, Glenn Stolar, Claire Hilgeman, Vicki Koenig, Donald Jacobson, John Bell Wilson, Frantz Corneille, Student Representatives Elizabeth Cook and Stacy Enger City Manager Carl J. Jullie, Assistant City Manager Chris Enger, and Council Recorder Jan Nelson Director of Parks, Recreation & Natural Resources Bob Lambert, Manager of Parks & Natural Resources Stu Fox, and Recreation Supervisor Lyndell Frey Memorandum To: Mayor and City Council Parks, Recreation and Natural Resources Commission From: Bob Lambert, Director of Parks, Recreation and Natural Resources~ Date: November 12, 1997 Subject: Policy Regarding User Fees REQUEST: City staff requests the Mayor and City Council and the Parks, Recreation and Natural Resources Commission to clarity the basis for City policies that provide direction to the City staff for recommending users fees for parks and recreation facilities. Staff also requests the Council to approve the recommended fee increases for pool rental and ice rental at the Community Center. ISSUES: City staff have recommended significant fee increases for both pool rental and ice rental at the community center for 1998. Pool Rental Staff have recommended initiating a fee structure based on establishing a "prime time" period from 6:00 a.ffi to 6:00 p.m., Monday through Saturday, and from Noon to 6:00 p.m. on Sundays. A non prime time period would be established from 6:00 to 9:00 p.m. and a "discount rate" would be from 9:00 p.m. to 11:00 p.m. The rate for prime time was proposed at $50/hour, non prime time at $40/hour and the discounted rate at $35/hour. This compares to the 1997 rate of$35/hour for all pool time. The rationale for establishing a prime time that is used mostly by the City and School District with some use by the Foxjets was to increase the rate charged to the School District and Foxjets during the prime period closer to the actual operational cost. The actual operational cost that the School District charges the City for use of Oak Point pool is $52/hour. City staff did not want to extend the prime time to 9:00 p.m., because staff believes that increasing the rate for pool rental for swim teams above $40/hour at this time would effectively price the Foxjets I Swim Team and the DAT Team out of the competitive rates being charged other metro area swim teams. Most other metro teams are paying $20/hour or less for use of school pools. Ice Rental Staff have recommended increasing ice rental rates from $117.50/hour in 1997 to $130/hour for 1998. Staffrnade that recommendation based on a survey of other metro rink fees proposed for 1998 on the rationale that the Community Center should consistently be in the top 15-20% of the rental rates as long as the Community Center is not breaking even. The Parks, Recreation and Natural Resources Commission recommended initiating a policy whereby the City would approve rental increases or fee increases on a two-year time frame that would help to give organizations time to plan for proposed increases. The Parks, Recreation and Natural Resources Commission recommended a 1998 prime time rate of $ 125/hour and a 1999 prime rate of $ 135/hour. City staff support the concept of a two-year fee rate change; however, we must inform the Council that the recommended revenue projections for 1998 were based on the original recommended fee mcreases. The City Council requested staff to provide additional information regarding what the cost was for other City sports and how that compared to the subsidy level the City is providing to various sports. BACKGROUND: Fees and charges represent an increasingly important source of revenue for the Parks, Recreation and Natural Resources Department. Since the inception of the department in early 1970's there was a general acceptance ofthe view that public recreation programs and park services and facilities should be free, or almost free to potential users. However, as facilities have grown more elaborate and expensive and expectations of users have increased dramatically, it is clear that some system of imposing charges to support services is increasingly necessary. Existing Community Center Fee Policy During the campaign for the referendum for the construction of the Community Center, the City Council committed to residents that the goal of the Community Center would always be to meet operating expenses through users fees. For that reason, there was a commitment to charge the school district and local athletic associations the prime rate during prime time, unless the Community Center was meeting operating expenses or actually providing a profit. The Community Center has consistently required a subsidy to meet operating costs; therefore, the staffhave always believed it was important to keep rental use fees near the top of the metro area market. Staff believe that the facilities at the Community Center were some of the finest in the metro area and consistently recommended keeping the ice rental fees competitive with facilities such as Burnsville, Bloomington, Minnetonka, etc. 2 There are very few Community Centers in the State of Minnesota that provide ice and swimming pools; therefore, the "market" for pool rental is really within the school systems. Most school pools sit empty after school hours, therefore, schools are generally happy to rent their swimming pools to swim teams at extremely low rates, from $10 to $20 per hour. It has been difficult for the City to charge more than $35/hour for the last eight years because the local swim club has sited the "market" is much lower than our fee. If the rental fee were to be established based on the actual operating cost, rather than on market, the ice rental cost would be fairly close to the $ 130lhour being proposed for 1998 and the pool rental cost would be somewhat more than the prime rate proposed by City staff for 1998. The City will be paying the School District a net cost of $52 per hour for the hours used at Oak Point. Park Use Fee Policy Although, the City has operated under the direction of establishing rental fees based on market for the Community Center, the City has continued to attempt to provide local non profit public service groups with free or very little cost to use park facilities for regular league play and have attempted to provide a nominal fee that would meet direct costs for other uses such as fund raisers, tournaments, etc. PRICING STRATEGIES A key consideration when discussing fees involves pricing strategy. Staff must be concerned with bringing in a maximum amount of revenue without excluding potential patrons who cannot afford to pay the charges that have been established. When the City raised the fee significantly for summer recreation programs the participation dropped. Charges Based on Costs These may include the total cost of all elements in the program or service and the variable costs which increase with the number of participants. Variations may include basing the charge on variable costs only (divided by the number of participants) or on variable costs with some portion of overhead costs added. Charges Based on Market These may be based on the going rate in which the price reflects the average charges by other similar organizations or similar services. They may also be based solely on consumer demand, in other words what will the traffic bear. The City should also consider factors of social need. For example, even though athletic associations are demanding more and more services and longer seasons, the City should consider the value of those programs to the community and what costs the City might have if those programs weren't being provided by volunteer organizations. 3 DEFINING THE MARKET: Comparison Between Sports in Eden Prairie The City Council has requested staff to provide information on the cost to the City to provide baseball fields, football fields, soccer fields, outdoor rinks, etc. Attached to this memorandum are two charts that depict the cost per field to provide maintenance necessary to accommodate youth and adult recreational use of the baseball and softball fields, as well as the soccer and football fields. There is also data as to the cost per participant for those facilities. The City also has the cost for maintenance of the outdoor rinks that does not include facility costs, etc., but only the cost to flood rinks and remove snow. Staff did not provide a breakdown on the cost per participant, as the participation numbers are collected differently for use of rinks than they are for team use of softball fields, etc. It is difficult to compare the subsidy level between these facilities and swimmers or skaters at the Eden Prairie Community Center, because the Community Center serves more thanjust competitive swimmers and competitive skaters. The City does know that the operating costs for an indoor hockey rink to break even is somewhere between $140 and $150 per hour, assuming the rink can sell over 1,600 hours per rink. For example, the operating costs for Oak Point pool was $160,000 according to the School District numbers. That would require the City to be able to sell pool time at approximately $100 per hour, if we were able to sell 1,600 hours per year. We reduce the rental cost due to the hours we use for swim lesson and open swim. The City has been charging the School District, the Foxjet Swim Club, and any other pool renters $35 per hour. The Foxjets rented approximately 650 hours last year and the School District rented approximately 500 hours of pool time (pool time sold to the School District during school hours is rented at 50% of the regular prime rate, as is ice time). The City has not collected data to specifically answer the question proposed by the City Council "What is the subsidy level of each sport in which the City provides other facilities?"; however, the data that has been collected indicates that in 1997, the City subsidy for outdoor sports for youth ranged from approximately $5.80 per participant for youth football and youth soccer to $9.60 per participant for youth baseball. The subsidy level for swimmers and skaters would have to be determined by determining what percentage of use of the swimming pool and ice rinks were used by competitive swimmers and skaters, and what percent of the Community Center subsidy level should be allocated to the swimming pool compared to the two hockey rinks, racquetball courts, the fitness center, etc. And needless to say that even though the City charges swimmers and skaters for use of those facilities, the subsidy level for swimmers and skaters is much higher per participant than it is for participants in outdoor sports. 4 Comparison of Costs and Fees for Similar Sports Between Eden Prairie and Other Communities Attached to this memorandum is a sUrvey of ten other suburban communities asking whether or not their associations are charged for use of fields for tournaments, regular league play, second seasons etc. This survey indicates that Edina is the only community that is charging athletic associations for use of fields for regular league play. Approximately half of the communities charge athletic associations for use of facilities for tournaments, and other than Edina, no other community charges for use of outdoor rinks. Fees for participants in various sports in each of these communities is very similar to the fees that Eden Prairie children pay to play various sports. The fact of the matter is some sports are much more expensive to play than other sports. CLARIFICATION REQUESTED: City staff have received mixed messages from the City Council and the Parks, Recreation and Natural Resources Commission regarding the strategy City staff should use for detennining recommended fees for use of public facilities. Since the Community Center was constructed, the City staff have been directed to attempt to meet operating expenses through user fees. In recent years, the City Council has directed staff to continue to find ways to increase user fees to cover the cost of services. Staff have continually kept the ice rental rates for the rinks and the Community Center near the top of the market in the metro area. Eden Prairie has never been at the top; however, it has been in the top ten percent consistently since the Community Center was opened. The Community Center pool has always been at the top of the market fee because the market is established by school districts. However, there is a great inequity between the philosophy of ice operators to try to meet operating expenses and the philosophy of pool operators to simply get something forthe use of indoor pools after school hours. The Parks, Recreation and Natural Resources Commission questioned staff's aggressive approach to fee increases that were proposed for 1998. Staff felt particularly pressured to increase fees to reduce the operating costs at the Community Center due to the significantly high capital improvement projects that have been required over the last couple of years. At this point, the Foxjets, the School District, and the Figure Skating Club have questioned the proposed rate increases and believe they are excessive. Staff requests direction from the City Council regarding the proposed rate increases for 1998 and to provide a basis of understanding for how rates will be proposed in the future. UserfeeIBob97 5 '"' Athletic Facilites Use/Cost Summary Activity Year Labor Materials Total # of Fields ,~ # Hours/Costs <D Cost@ Cost@ BasebalVSoftball 1997* 2,000/$26,000 $6,200 $32,200 63 1996 3,500/$42,000 $7,500 $49,500 76 1995 2,500/$27,500 $5,100 $32,600 74 1994 2,700/$27,000 $5,000 $32,000 68 Soccer 1997* 1,3001$16,900 $12,500 $29,400 80 1996 1,3001$15,600 $11,000 $26,600 73 1995 8001$8,800 $6,800 $15,600 75 1994 8001$8,000 $6,500 $14,500 72 Football 1997" 1201$1,920 $1,500 $3,420 14 1996 1201$1,800 $1,300 $3,100 11 1995 801$1,120 $1,150 $2,270 11 1994 901$1,170 $1,000 $1,170 11 Outdoor Rinks 1997" 960/S15,360 --$15,360 16 (excludes mini-rinks) 1996 1,6001$24,000 --$24,000 14 1995 1,600/$22,400 --$22,400 14 1994 1,6001$20,800 --$20,800 14 ------~ " 1997 Totals -thru September CD Labor calculations based on average hourly cost. (Full time & season rates) Does not inciude ovetime @ Material costs are for bases, paint, chalk, and miscellaneous supplies. @ Total costs do not include equipment costs, fuel, portable toilets, trash removal, irrigation or lights. \!) Number of fields includes summer and fall programs. Average Cost Per # Participants Per Field @ Facility $510/field ASB -328/field, YBB -53/field -YSB -62/field S650/field ASB -350/field, YBB -62/field, YSB -50/field $440/field ASB -340/field, YBB -54/field, YSB -421field $470/field ASB -340/field, YBB -62/field, YSB -44 lfield S370/field SA -64/field, SC -44/field $360/field SA -64/field, SC -38/field S208/field SA -60/field, SC -34/fie1d $200/field SA -60/field, SC -30/field $245/field AF -42/field, YF -42/field 5280/field AF -100/field, YF 40/field $206/field YF -32/field S105lfieid YF -25/field S960/facility (No Data) SI,700/facility $1,600/facility SI AOO/facility -------- @ Number of participants per field based on total number of users and fields they used. ASB -adult softball, YBB -youth baseball, YSB -youth softball. @ Cost based on cost per facility divided by number of participants per field. Cost/Stuart97 October 29, 1997 . \\ Cost Per Participant ASB -$1.55, YBB $9.60, YSB $8.20 ASB -$1.85, YBB $10.50, YSB $13.00 ASB -$1.30, YBB S7.10, YSB $10.45 ASB -$1.40, YBB $7.60, YSB $10.70 SA -$5.80, SC -$8.40 SA -$5.60, SC -$9.50 SA -$3.47, SC -$6.12 SA -$3.33, SC -$6.67 AF -$5.80, YF -$5,80 AF -$2.80, YF -$7.00 I YF -$6.44 YF -$4.20 (No Data) I I I I Park Maintenance Time/Labor Cost Comparisons 1994 -1997 Maintenance Year # of Regular % of Yearly Labor Costs # ofO.T. % of Yearly O.T. O.T.Labor Combined Activity Hours Hours Hours Costs Regular & O.T. Labor Costs Baseball/Softball CD 1997* 2,000 7% $26,000 375 31% $9,000 $35,000 1996 3,500 10% $42,000 575 31% $13,750 $55,750 1995 2,500 8% $27,500 490 33% $10,500 $38,000 1994 2,700 9% $27,000 520 23% $9,500 $36,500 Soccer CD 1997* 1,300 5% $16,900 0 0 0 $16,900 1996 1,300 4% $15,600 4 .2% $100 $15,700 1995 800 3% $8,800 19 1% $350 $9,150 1994 800 2% $8,000 27 1% $350 $8,350 Football CD 1997* 120 .4% $1,920 4 .1% $90 $2,010 1996 120 .3% $1,800 8 .4% $120 $1,920 1995 80 .2% $1,120 0 0 0 $1,120 1994 90 .3% $1,170 0 0 0 $1,170 Ice Rinks 1997* 960 4% $15,360 116 10% $3,000 $18,360 1996 1,600 5% $24,000 119 6% $2,750 $26,750 ~ 1995 1,600 5% $22,400 132 9% $3,000 $25,400 I 1994 1,600 5% $20,800 230 10% $5,000 $25,800 Trail Maintenance (all 1997* 2,000 7% $32,000 120 10% $3,100 $35,100 trail maintenance 1996 3,200 10% $48,000 114 6% $2,550 $50,550 activity) (2) 1995 1,800 6% $25,200 37 2.5% $850 $26,050 1994 1,600 5% $20,800 205 9% $4,400 $25,200 Trash Removal 1997* 1,500 6% $19,500 260 21% $6,300 $25,800 1996 1,500 4% $18,000 225 12% $5,400 $23,400 1995 1,400 4% $15,400 230 15% $4,500 $19,900 1994 1,400 5% $14,000 220 10% $4,000 $18,000 Turf Maintenance -1997* 4,200 15% $54,600 8 .3 $100 $54,700 (mowing only) 1996 3,000 9% $36,000 10 .5% $200 $36,200 1995 5,000 15'Yo $55,000 80 5.5% $1,300 $56,300 1996 4,600 14% $46,000 112 5% $1,500 $47,500 Tree Removal 1997* 1,400 6% $22,400 15 .7% $350 $22,750 (public & private) 1996 1,600 5% $24,000 43 2.5% $1,000 $25,000 1995 1,100 3% $15,400 8 .5% $200 $15,600 1994 1,600 5% $20,800 60 3% $1,300 ___ ____~_2~,1~~_ ---------------------------------------- * 1997 -thru September 1997 CD Field maintenance does not include any turf maintenance, labor, mowing, fertilizer, aeration, etc. (2) Trail maintenance includes construction, inspection, mowing, repair, and snow removal. PMTcost/Stuart97 -October 29, 1997 1997 Athletic Association Fees (Ages 6, 10, &14 yrs.) Association League Number Time 6 years 10 years 14 years of partie Boys Baseball Inhouse Inhouse Spring $51 $76 $86 1850 Total (5/1 -7/30) Boys Baseball Travel Travel Spring ~ $201 $241 (5/1 -7/30) Boys Baseball Soft Soft Fall ~ $75 $75 Travel Travel (8120 -9/30) 120 Girls Inhouse Inhouse 5/5 -6127 $42 $47 $60 Softball 850 Total Girls Travel Travel 5/15-8/10 ~ $90 $185 Softball Football Travel Travel 8115 -10120 ~ $80 $90 500 Soccer Inhouse Inhouse Spring $35 $35 $35 Association 1600 (5/1 -6/30) Soccer Inhouse Inhouse Fall $35 $35 $35 Association 2000 (8120 -10120 Soccer Travel Travel Spring ~ $105 $150 Club 620 (5/1 -7/31) Soccer Travel Travel Fall ~ $60 $60 Club 440 (9/1 -10/19) TO: FROM: RE: CC: The Eden Prairie Figure Skating Club All EPFSC parents, skaters and pros Denise Munson, EPFSC President 1998 Ice rate increase Joel Klute •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• The EP Park and Recreation Board initially recommended that ice fees for user groups (i.e. hockey and figure skating) be increased from the current $117 per hour to $130 per hour beginning Jan. 1, 1998. Because the Eden Prairie Community Center will experience a $300,000 deficit for 1997, they feel the need to increase ice fees substantially rather than at the rate we have typically experienced (approximately $2.00 to $2.50 per year. ) Paula Donna (EPFSC Ice Coordinator) and myself attended a meeting of the Park and Recreation Board on September 15, 1997. Our goal was to advocate an increase no more than what we have paid in the past. We presented our views as follows: • A $13/hour increase is simply too large for a small, youth organization to handle in a one year time frame and will potentially hurt participation. To stay financially solvent, we wiII most likely have to raise ice costs to EPFSC members. • The current rate of $117/hour is well within the rate currently being charged by other area rinks, such as: Richfield, Roseville, White Bear Lake and Braemar. • The proposed fee ($130/hour) is inequitable compared to what other Community Center user groups are paying, such as the Fox Jets.On Sept. 2, the City Council turned down a staff recommendation that would have increased pool fees from $35 per hour to $40 to $50 per hour, depending on time of use. This was after Mark Davis, Foxjet President, reported that these increases would "hurt membership" for their club. (NOTE: Pool fees have remained at $35/hour since 1989.) • When asked about the inequity between the pool and rinks, Bob Lambert,Director of Parks and Recreation, said that $SO/hour was as high as they could charge, compared to other pools in the area. We found this interesting since two-thirds of the $300.000 deficit is due to the maintenance and operation of the pool! The way we see it, the city wants to "gouge" the Hockey Association and Figure Skating Club in order to make up for the deficit. Unfortunately, we aren't able to spread these increased costs over a huge membership base, like the Hockey Association. After debating this issue, we got them to at least consider a two-tiered pricing structure where rates would potentially increase from $1 17 to $125 for 1998, and then go up to $ 130 for 1999. Please remember that the city council can still over-ride this and vote to accept the $130 rate. Currently, the vote is due to take place in late November or early December. What can you do? We suggest calling or writing your city council members: Mayor Jean Harris, Ron Case, Sherry Butcher-Y oungens, and Ross Thorfinnson. They can all be reached by calling 949-8425 or by writing to them c/o Eden Prairie City Offices, 8080 Mitchell Road, Eden Prairie, MN 55347. If enough people call and VOIce their opinion, we might be able to persuade them to re-think this issue.Thanks for your continued support. Sincerely, Denise M. Munson, President Eden Prairie Figure Skating Club ...... -... _ ..... _---- AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 18, 1997 CITY COUNCIL: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL 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. OCTOBER 28.1997, ON STRATEGIC MANAGEMENTNISION 2001 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 4,1997 I~ CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING VARIANCE REQUEST TO STATE AID RULES FOR DELL ROAD IMPROVEMENTS. I.C. 93- 5311 City Council Agenda Tuesday, November 18, 1997 Page Two C. ADOPT RESOLUTION APPROVING FINAL PLAT FOR VILLAS AT MITCHELL LAKE D. ADOPT RESOLUTION APPROVING FINAL PLAT FOR BRECKENRIDGE 4TH ADDITION E. APPROVAL OF CHANGE ORDER NO.1 FOR CSAH 4/ EDEN- WOOD DRIVE/HIGH SCHOOL ENTRANCE PROJECT, I.C.96-5404 F. APPROVE METER READING PROPOSAL G. ADOPT THE RESOLUTION ELECTING TO PARTICIPATION IN THE NEWLY REORGANIZED SOUTH HENNEPIN REGIONAL PLANNING AGENCY (SheRPA) AND FAMILY SERVICES COLLABORATIVE (FSC) H. ADOPT THE RESOLUTION AUTHORIZING EXECUTION OF THE GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF EDEN PRAIRIE, ADOPT RESOLUTION AUTHORIZING EXECUTION OF COOPERATION AND INITIAL AGREEMENT BETWEEN THE MINNEAPOLIS PUBLIC HOUSING AUTHORITY AND THE CITY OF EDEN PRAIRIE FOR EDENVALE TOWNHOUSE PROJECT I. SET CITY COUNCIL/STAFF WORKSHOP ON EDEN PRAIRIE 2001 FOLLOW-UP FOR TUESDAY, DECEMBER 2,1997,6:30 PM, AT THE CITY CENTER V. PUBLIC HEARINGS/MEETINGS A. OK SPA & SALON by Sherri Oeltjenbruns. Request for Comprehensive Guide Plan Change from Office to Regional Commercial on 1.82 acres, Zoning District Change from Rural to C-Reg-Ser on 1.82 acres, and Site Plan Review on 1.82 acres. Location: Southwest corner of Valley View Road and Prairie Center Drive. (Resolution for Comprehensive Guide Plan Change, Ordinance for Zoning District Change) City Council Agenda Tuesday, November 18, 1997 Page Three B. VACATION 97-07 -DRAINAGE & UTILITY EASEMENT OVER LOT 1. BLOCK 1. MENARD 7TH ADDITION (Resolution) VI. PAYMENT OF CLAIMS VII. ORDINANCES AND RESOLUTIONS A. 1ST READING OF AN ORDINANCE RELATING TO PAWNBROKERS AND PRECIOUS METAL DEALERS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS A. REVIEW THE BOARD OF ADJUSTMENTS & APPEALS DENIAL OF VARIANCE #97-10, MOORE LEASING (Continued from November 4, 1997) IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT - E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS· XIII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 28,1997 CITY COUNCIL STRATEGIC MANAGEMENT! VISION 2001 COUNCILMEMBERS: CITY STAFF: GUEST PRESENTERS: I. CALL MEETING TO ORDER 7:00 p.m. CITY CENTER Training Room 8080 Mitchell Road Mayor Jean Harris, Councilmembers Sherry Butcher-Y ounghans, Ronald Case, Ross Thorfinnson Jr., and Nancy Tyra-Lukens City Manager Carl Jullie, Assistant City Manager Chris Enger, Director of Public Works Eugene Dietz, Director of Parks, Recreation and Natural Resources Bob Lambert, Director of Public Safety Jim Clark, Director of Human Resources and Community Services Natalie Swaggert, Assistant Finance Director Don Uram, Director of AssessingIMIS Steve Sine1l, Communications Coordinator Terry Kucera, City Engineer Al Gray, Housing & Redevelopment Manager David Lindahl, Manager of Facilities Barb Cross, Environmental Coordinator Leslie Stovring, Manager of Parks Maintenance Stu Fox, Manager of Recreation Services Laurie Helling, Molly Koivumaki Police Department, and Recording Secretary Barbara Anderson Bill Morris and Diane Drexler, Decision Resources, Inc. Mayor Harris called the meeting to order at 7:05 p.m. Enger commented the Strategic Management Process review for input into the Management Plan had been discussed by City Staff and the Council at length. The meeting was being held to get training for facilitators for the Community Forum which is scheduled to be held on Saturday, November 15, 1997. The goal of this forum is to create awareness throughout the community as to the direction the City is intending to go. He reviewed the plan for the forum and how it will be run. He introduced Bill Morris and Diane Drexler of Decision Resources, Inc. to give a presentation on facilitator training in preparation for the Community Forum. II. OVERVIEW OF COMMUNITY FORUM PROGRAM Morris gave an overview of the program which will include discussion of what the Community Forum will involve and then breaking into focus groups to discuss these ideas. He will give a presentation on demographic trends in the City and what impacts the baby boomer generation will have on the way in which this translates into the way the City thinks CITY COUNCIL WORK SESSION MINUTES October 28, 1997 Page 2 of these things. They have surveyed mature cities within the ring around the metro area and they have seen some significant changes in the way they expected things to go. Focus groups will have the most important part of this and that is where he would like to spend most of the time. He reviewed the process they used to select people for the focus groups. They plan to invite approximately 20-30 people each night to participate in the focus groups which would give them about 150 people that will actually come. Drexler outlined the process by which they were calling people and asking them to participate in the focus groups. Swaggert commented that the Chair and Vice-Chair of each Commission will also be invited to participate in the focus groups. Drexler stated when they contact prospective focus group members, they have a few questions that can be answered with a yes or no answer. They also have a structure for the focus groups to use during their discussions. Morris discussed what he tenned "forward thinking" and noted that each focus group will have three generic leading questions, with two parts to each one. The first thing that will take place is "brainstonning" with all ideas being welcome, and these will be prioritized according to their importance by the group. Then the facilitators will summarize these ideas and move into generalities. This process will be repeated six times throughout the process. He emphasized that no censoring must occur; any feedback must be encouraging further responses from the group, and no critical comments could be made. III. EXPLANATION OF FACILITATOR ROLE Lead facilitators will be City Councilmembers, and Co-facilitators will be Department Heads, with two others assigned to each group to act as recorders. Lead facilitators will act as the discussion guides, keeping order and encouraging the group to speak up and share their ideas. The co-facilitators will be the "scribes" who write down the ideas on a large tablet or white board or whatever is available. Recorders will be present to provide expertise if needed as well as a transcript of what is going on in each group. Enger stated they will have fact bullets put together that will be available to these groups to help with the discussions. Morris stated facilitators must be non-threatening, friendly, encouraging people to share their opinions. He encouraged them to be sure there were not two or three people who would dominate the group.' Discussion ensued regarding how many people to have in a group and various ways to break things down so they could have several more groups than were originally planned for if needed. Morris stated it was important to have all the facilitators, co-facilitators and recorders be open and friendly to all the people who participate to make them feel comfortable so they will open up and share their thoughts. The facilitators should offer absolutely no judgements, valuations or contributions; their job is to keep the focus going. Summarize ideas by giving people feedback and be sure what was written down was what the individual intended. Use summarization as a tool to bridge between topics. Discussion ensued regarding the function and differences between the scribe and the recorder. The recorder keeps a running transcript of what is going on and the scribe is noting major points on the white board. Video and audio taping were discussed, and Morris noted CITY COUNCIL WORK SESSION MINUTES October 28, 1997 Page 3 he did not usually recommend this be done because it adversely affected the comfort level of the group participants, and tended to put people off. With citizens and government issues they tend to stay away from this type of recording. Morris talked about silences that occur in groups and how some are okay, and some need to be dealt with. Drexler discussed potential problem participants and what can be done if they just show up. She concluded they may be present because this is a public meeting, but participation can be restricted to invitation only. If citizens determine they have a right to be heard they will need to be handled. They will need to decide what is going to be done if this should occur. If there are only three or four people who show up they could be invited to observe the proceedings, but told because this is a structured, scientific process, they may only observe. Discussion ensued and it was decided that this issue needed to be dealt with. Drexler discussed participant personality types and it was felt that because they are selecting a random sampling they should have most types. Random assignments will be made to each group and if people want to be in a different group they should be reminded that it is a random selection and they should participate in their assigned group. The format for records was discussed, and it was noted that both facilitators and recorders will have a script to follow. The transcript will follow the facilitator's script and the questions and responses should be together. It was felt that they all need to gather at the end of the sessions and have a time for the Mayor to thank everyone for their participation and discuss how the information will be used and disseminated. Drexler stated they usually send out a summary to everyone who participated. This will provide closure and let people know they have made a valuable contribution. Stipends were discussed, and Swaggert noted the form would be blind and no one would know who wished to retain their stipend and who wished to turn it back to the City. Discussion ensued regarding how the day would flow and Swaggert stated there would be an introduction in the Council Chambers and then the focus groups would come down into the atrium where there would be coffee, etc. and then go into their focus groups. It was determined that would work best because the Council Chambers was equipped to handle overheads or slides or other visual aids that might be used. The day was to be casual, and informal to make people feel as comfortable as possible. IV. OTHER BUSINESS There was no other business. V. ADJOURNMENT Mayor Harris adjourned the meeting at 8:450 p.m. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 4, 1997 8:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher- Younghans, Ronald Case, Ross Thorfinnson, Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: 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 PLEDGE OF ALLEGIANCE ROLLCALL Mayor Harris called the meeting to order at 8:00 p.m. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Thorfmnson moved, seconded by Butcher-Younghans, to approve the Agenda as published. Motion carried 5-0. II. OPEN PODIUM III. MINUTES A. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY. OCTOBER 21. 1997. ON CONSERVATION EASEMENTS AND COMMUNICATIONS REGARDING DEVELOPMENT PROPOSALS Harris said the first paragraph of page 5 should be changed as follows: " ... We need to let commissions work, deal with it when it comes to the Council level, and not get over-involved prior to it coming before the Council. Harris thought there is an undercurrent of commission concern about City Council confidence in them. It is important that we understand it is perceived as the Council position when we speak as individuals. She thought it should be one of the rules of conduct for Councilmembers that we be circumspect about what we say to commission members as well as developers because we want unbiased recommendations from the commissions." J CITY COUNCIL MINUTES November 4, 1997 Page 2 She said sentence 2, paragraph 2, page 5 should be changed to "Harris said the intent is not to gag Councilmembers but rather to organize things in a manner that Council is informed and commissions are able to operate in an unbiased manner which assures that Council gets the best advice and recommendations from staff and citizens. " MOTION: Case moved, seconded by Butcher-Younghans, to approve as published and amended the Minutes of the City Council/Staff Workshop held Tuesday, October 21, 1997. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY. OCTOBER 21, 1997 MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve as published the Minutes of the City Council meeting held Tuesday, October 21, 1997. Motion carried 5-0. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AWARD BIDS FOR TENNIS COURT AT RICE MARSH LAKE PARK C. APPROVE BIDS FOR NEW ROOF-TOP UNIT AT THE SENIOR CENTER D. APPROVE BIDS FOR RESTROOM REMODELING AT EDEN PRAIRIE CITY CENTER E. APPROVE CHANGE ORDER #8 FOR DEN ROAD LIQUOR STORE F. GE CAPITAL/GE CAPITAL FLEET SERVICES by Capital Pointe LLC. 2nd Reading of Ordinance 52-97-PUD-32-97 for PUD District Review on 60.29 acres and Zoning District Amendment in the Office Zoning District on 60.29 acres, Adopt Resolution 97-201 for Site Plan Review on 60.29 acres and Approval of a Developer' Agreement for Capital Pointe LLC. Location: West 78th Street. (Ordinance 52-97-PUD-32-97 for PUD District Review and Zoning District Amendment and Resolution 97-201 for Site Plan Review) G. APPROVAL OF CHANGE ORDER NO.3 FOR PARKS/PUBLIC WORKS, I.C. 96-5417 H. RESOLUTION 97-202 APPROVING LEASE BACK AGREEMENTS WITH MnDOT FOR FIRE STATION NUMBER 1 AND EXISTING PARKS/PUBLIC WORKS MAINTENANCE FACILITY, I.C. 96-5417 2 CITY COUNCIL MINUTES November 4, 1997 Page 3 I. APPROVAL OF CONTRACT WITH SUMMIT ENVIROSOLUTIONS FOR INSTALLATION OF AQIDFER RESOURCE MANAGEMENT SYSTEM J. APPROVAL OF SPECIAL ASSESSMENT AGREEMENT WITH JERRY'S ENTERPRISES FOR SEWER AND WATER ACCESS CHARGES FOR PRESERVE VILLAGE MALL K. RESOLUTION 97-203 APPROVING FINAL PLAT FOR WASHBURN McREA VY ADDITION MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve items A-K on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGS/MEETINGS A. '97 BFI REZONING -SPRINT TOWER by BPI/Sprint. Request for Zoning District Change from Rural to 1-2 on 9.5 acres and Site Plan Review on 9.5 acres. Location: 9813 Flying Cloud Drive Jullie said the official notice of this Public Hearing was published on October 23, 1997 in the Eden Prairie News and mailed to 6 property owners within the affected area. The site is part of the BPI property and guided Industrial. Rezoning of 9.5 acres to Industrial is being requested for the construction of an 80 foot high telecommunications antenna tower. The Federal Aviation Administration has approved the specific location and height of the monopole. Paul Harrington, representing Sprint PCS, said this is a request for rezoning to facilitate development of a telecommunications tower. He reviewed the area proposed for rezoning and showed a photo simulation of the tower. Enger said the Planning Commission voted 6-0 to approve this project at its October 27, 1997 meeting, subject to the recommendations of the Staff Report of October 7. The Parks, Recreation & Natural Resources Commission did not review the proposal. Tyra-Lukens asked if there is protection in this rezoning such that if Sprint took out the tower, we would not be left with an industrial zone in the middle of an area that is zoned rural. Enger said it is zoned industrial for the specific use of a monopole tower and would require rezoning for another use. MOTION: Case moved, seconded by Butcher-Younghans, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Change from Rural to 1-2 on 9.5 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. CITY COUNCIL MINUTES November 4, 1997 Page 4 VI. PAYMENT OF CLAIMS MOTION: Thorfmnson moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Butcher-Younghans, Case, Thorfinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS. REQUESTS AND COMMUNICATIONS A. REVIEW THE BOARD OF ADJUSTMENTS & APPEALS DENIAL OF VARIANCE #97-10. MOORE LEASING Jullie said we received a request from Moore Leasing for a continuance to the next Council meeting due to the fact that their attorney had to be out of town this evening. MOTION: Tyra-Lukens moved, seconded by Case, to continue the review to the November 18, 1997 meeting of the City Council. Motion carried 5-0. IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. SOUTHWEST METRO TRANSIT COMMISSION -Councilmember Nancy Tyra-Lukens Tyra-Lukens said they are still working on the long-range strategic planning, so she had very little to report. X. APPOINTMENTS A. HERITAGE PRESERVATION COMMISSION -Appointment of a member to the Heritage Preservation Commission to fill an unexpired term through March 31, 2000 Jullie said with the resignation of Nathalie S. Rabuse from the Heritage Preservation Commission, it is necessary to fill the vacancy on the Commission for a term through March 31, 2000. Case asked if it was typical to contact the Commission chair to ask for specific strengths and needs required on the Commission. Harris said we do it sometimes, but she was unable to contact the Chair so she was not sure it happened in this case. Butcher-Younghans nominated Lori Peterson-Benike. Tyra-Lukens seconded the nomination. CITY COUNCIL MINUTES November 4, 1997 Page 5 MOTION: Butcher-Younghans moved, seconded by Tyra~Lukens, to close the nominations and to cast a unanimous ballot for Lori Peterson-Benike. Motion carried with Butcher-Younghans, Case, Thorrmnson, Tyra-Lukens and Harris voting for Peterson-Benike. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Proposed Contract Settlement AKreement with SFS Jullie said Tony Sisinni has informed us he cannot continue to operate the Garden Room under the terms of his current contract. Following discussions with Mr. Sisinni, we agreed to pursue a mutually beneficial solution which would close out his contract at this time, and bring in a replacement caterer with expanded resources and operational capacities. Jullie noted Staff believes it would be fair and reasonable to close out the SFS contract at a price not to exceed $122,000 determined by the three items listed on the agenda staff report dated November 4, 1997. He thanked Councilmember Thorfmnson for his help in the negotiation process. Thorfinnson said he would be happy to answer questions, and noted a lot of thought as well as time has gone into this proposed agreement. While $122,000 seems like a lot of money on the surface, he thought there is some good justification for it. They finalized the inventory of the equipment today, which represents the majority of the $122,000 settlement amount. They have asked for an accounting of the catering events booked into the future. The new vendor will credit us with 7 % of the banquet business. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve the Settlement Agreement with Sisinni Food Services (SFS) at an amount not to exceed $122,000, as per the Staff Agenda Report of November 4, 1997. Motion carried 5-0. Jullie said Staff will return to the Council with a formal contract with Minnesota Vikings Food Service, Inc. at the next meeting or the first meeting in December Motion carried 5-0. C. REPORT OF DIRECTOR OF PARKS, RECREATION & NATURAL RESOURCES CITY COUNCIL MINUTES November 4, 1997 Page 6 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 MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 8:25 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 11-18-97 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Finance -Gretchen Laven Clerk's License Application List IV.A. These licenses have been approved by the department heads responsible for the licensed activity. CONTRACTOR Larry Frame dba Frame Mechanical Frerichs Construction Company Les Jones Roofing Inc RJM Construction Co HEATING & VENTILATING Associated HV AlC Inc PLUMBING Northwestern Service Inc November 18, 1997 1 DATE: 11/18/97 EDEN PRAIRIE CITY COUNCIL AGENDA ITEM NO: 1fJ 8, Consent Calendar SECTION: DEPARTMENT: ITEM DESCRIPTION: I.C. 93-5311 Engineering Division Approve Variance Request to State Aid Rules for Dell Road Improvement Alan D. Gray Projects Recommended Action: Approve resolution requesting variance to State Aid Rules for Dell Road Improvements projects. Overview: It has been common practice to authorize contracts for State Aid improvements projects subject to final approval by the State Aid Office. Recently, the State Aid Office has determined that this practice may be inconsistent with State Aid Rules. To correct any process deficiencies the State Aid Office has requested cities to apply for a variance in those instances where the Council resolution authorizing the contract pre-dates the final plan approval by the State Aid Office. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. REQUEST FOR VARIANCE TO STATE AID OPERATIONS RULES CHAPTER 8820 I.C. 93-5311 WHEREAS, the City of Eden Prairie has entered into construction contracts for the following projects: SAP 181-113-04 SAP 181-113-01 SAP 181-108-03 Sap 181-108-04 Dell Road between W.B. T.H. 212 Ramp and 3972 feet north C.S.A.H.l Dell Road between West 82nd Street and Cascade Drive Dell Road between Trunk Highway 5 and Twilight Trail Bridge No. 27A03 -Dell Road under Twin City and Western Railroad and WHEREAS, the date of the resolution authorizing the contract for each of the projects preceeds the date of State Aid approval of plans for each of the projects. NOW, THEREFORE, BE IT RESOLVED, that the City of Eden Prairie requests a Variance to State Aid Operations Rules Chapter 8820.2800 Subp.2. ADOPTED by the Eden Prairie City Council on November 18, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, City Clerk DATE: 11118/97 EDEN PRAIRIE CITY COUNCn. AGENDA SECTION: Consent Calendar ITEM NO: 1!/ C. DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Villas at Mitchell Lake Randy Slick Recommended Action: Staff recommends that the City Council adopt the resolution approving the final plat of Villas at Mitchell Lake subject to the following conditions: • • • • • • • • • • Receipt of engineering fee in the amount of $984.00 Receipt of street lighting fee in the amount of $386.75 Receipt of street sign fee in the amount of $560.75 Satisfaction of bonding requirements for the installation of public improvements Execution of Special Assessment Agreement for utility improvements The requirements as set forth in the Developer's Agreement Prior to release of plat, Developer shall submit and receive the City Forester's written approval of tree replacement plan for 110 diameter inches Prior to release of first Building Permit, Developer shall submit evidence that an approved conservation Easement has been filed at Hennepin County Prior to release of plat, Developer shall pay the 5 % Construction Fee Submit and receive approval from Engineering Division for street name of Outlot A Background: This plat, located south of State Highway 5 and along the north shore of Mitchell Lake, contains 9.64 acres to be divided into 24 single family lots and one outlot. The preliminary plat was approved by the City Council June 17, 1997. Second Reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on August 5, 1997. JJ:ssa cc: James Jasper, Jasper Development Corporation Bruce Skipton, Bohlen Surveying and Engineering, Inc. I N ~ .IlL ..... . C'.orl1lQSites 6'Clm ..... ~~ __ .............................. .................... -- ;:-~ .. "r"lr~ol • 1 HlMl'lrlCOoNTTCAl'rMII-..em VILLAS A T MITCHELL LAKE R.T. DOC. NO !. is --'. ~'i~ ,,-" 'l~ ... ,,;, .. ;!: i·iW···· ''' .•.• ) i~TH w. 1. ,. ~·I'f .-, ..... ' ",,41-. M.IJ" .... .,. • m.a ~, .... Ui .. ".fA •• -,----- I t • ,.:: --,i ---- ~"r _~~'t--- t·;C:·"' . , !~ _ ;.~n-t ,\ 1, .. \1,..,.·13.' ....... _....t-... -alMT .... BL ---~" .... '""' ... I oct< 1!~, . .,'7.l1 ~ ',,-~0' ", ~ " <"( '''-, \ (., +'<!> \ I I I I I I I I I I \ , , 2S -~--,~~--~'''''''' ~...r"'';;'--. --"iJ> :,~ .. ~_~ _____ ,lit' 1ID.?II.._r='~-AII -" ..... ... .... , ClNOlQ '12 NOt IY 14 INCM IlION Pft ~ sn MG....o IY ..-ntA'nDN _'na DINOlD .... MCJrIMMT 'CUD. l\5:J\m~~~TrfD~~ .... TDt G.rvAl1ON -171.11 I'llT ON ...... to. ,.., (N.O.v,D. 1t2t). ==-~~~~_~~~~'t2t) JIUCUIICa. STATE 01 ~A, ON OCTOKIt II, ' .... \ \ \ \ \ \ \ \ \ \ \ \ MINNIIOTA STATI TRUNK HIGHWAY Nuun II ,....IIDUftGI.T .... UC ... f"'NO. .) .. ..... .,-1 ...... ..... ...-.., ..... 'ii' ';;~;.~,-.,,1;-::;:'~;;"·:;::;;-.; ,:::;:'i.f!" ':,;: W;"'t" j:'i..';'." ~,~:;. ;::';'.,:;:} I: \ \ \ \ \ \ \ \ , , ' .............. _- ',! ~" ...... ----' .. ~.,..,... Ci',~ MITCHELL lIl.oct< 2S LAKE -- . I, !d ~I ~ I! ¥~, .:;:,H· .. ,' ~-r"""ffiUih , , tI ;: I -" II ;/ !. --·~I §sl ~ il! " -:1 ;m . -..o:;lI--ii L, -_. .. ~ .. -',"-, "---...-....... --------- BOHLEN LAND SURVIYING, lMe SI£El Z OF Z SI£[lS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF VILLAS AT MITCHELL LAKE WHEREAS, the plat of VILLAS AT MITCHELL LAKE 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 VILLAS AT MITCHELL LAKE is approved upon compliance with the recommendation of the City Engineer's report on this plat dated November 6, 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 November 18, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk 3 DATE: 11118/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: IV. 0 ' DEPARTMENT: ITEM DESCRIPTION: Engineering Division Final Plat Approval of Breckenridge 4th Addition Randy Slick Recommended Action: Staff recommends that the City Council adopt the resolution approving the [mal plat of Breckenridge 4th Addition subject to the following conditions: • Receipt of engineering fee in the amount of $250.00 • Completion of vacation of underlying drainage and utility easements Background: This plat consists of a combination of Lot 14, Lot 15 and Lot 16, Block 2, Bearpath Addition into Lot 1 and Lot 2, Block 1, Breckenridge 4th Addition. This proposal falls under the guideline for a "simple subdivision" defined within the City Code. IJ:ssa cc: Zvi Leibovich, Paragon Builders Corporation Kenneth Adolf, Schoell and Madson, Inc. I BRECKENRIDGE 4 TH ADDITION R.T. DOC. NO. __ _ C,R. DOC. NO. \~I. 16 .~~\. 1 .... \ \ ._, ,-. .-, ._, ,-. \ 1-- \ , .. ~ r gl \ '-' ' \ i ~,: \ -J: l..-.. • .. , -:1'.. \ ~ ~ --' .-' \ • -Denot •• iron monum.nt I I D._lng, ,hu •• "' •••• _4 I , 40 40 I Seal. In reet r.) '1f" I 14 1/' it,: I , ~;' I I r.: / -J: . ,' / n . I /1/ / (Y. I -J: .. I ,", / t:q KNOW ALL UEN 8't THE5j: PRESENTS: Thol l)oM S. Boehmen. G Iingl' woman, f •• owner, 01 the following d •• crib.d I property situoted In the Count)' 01 Hennepin, Stote 0' Minnelola. to wit: Lot 14, Block 2. 8.orpoth Addition. oceording to the recordd plat th.rtal and ,ituot. in H.nnepln County. Minnesoto. And thot Ltcy Construction Inc., Q Uinnllo'a corporation, f,. own.r. of the following d.lcr5b.d prop.rty ,ituot.d in "'- County 0' Hsnnlpin. Slot. 0' lroIinn .. oto. to wit: Thol POrt of Lot 15. Block 2. B.orpoth Addition, lying South of 0 lin. drown parallot with the South Un. of S.ction 18. TOWMhip 116. Rang. 22 from 0 PQint on the Ea,t lin. of aoid S.cUon diltont 1856 f •• t North of the Soulh.aat coom.r of ,aid $Ktlon 18. Lot 1~. Siock 2. S.otpolh Addition. ,.c'pl thot port th,r,of t,inljl South of • Rne drawn paroll,1 with th, South Nn. of S.ction 18. Town,hlp 111. Ron91 22 from 0 point on th. [0.1 IintI 01 laid S,dlon di.lonl 18~6 , .. t '6 ... U ••• 1 II •• :. ... ,11 .................... ,1.1 ~ ••. U,,,, IU And thot Poro90n O'.ign .... .II: Build, ... Corporation. 0 ... innttoto cOrpof'otlon. I .. own.,~ 0' the 'allowing o..critlld property .ituol.d in the Count)' 0' H.nn.pin. Slot. 0' MiM .. ota. to wit: Lot 'I, Biock 2, B.orpath Addition. Henn.pIn County. Wlnnelota. HOYt CaUl" the lama to ~ .urveyt4 ond platted 01 BRECKENR60CE 4TH ADDmOH. and do h.r.by eront to the City of Ed,,, Prolrl. the .olem.nla lor droinog' ond utility pUrpol" o. ,hOwn on the pial .. In wilntl1 wher.af sokl Lynn S. Bachman. 0 .mel. woman. hot h .... unto HI her hand thl, __ d~ 01 :::.y~' .. :-.:-:,:-:oo:r::ido::n~1 ";:lhi:1:'o' _1_8-_ dc:."!, .a_id_Lo_or_Co_no_Ituc __ UO_"_InG_,. _0 • 1ot~'=IO.:,:,;t~:;a;:: O:~~',.d.r~h:' e~r:~:~~a:ti~~.'":' Irotinnelata corporation, hal cou .. d th.l. p, .. ent, to ... li9ned by ill pre,ibnt \hi, __ dol of . • 18_. SIGNED: Lynn S. Bochmon LECY CONSTRUCTlON tNC.. 0 Mlnnnota corporation s" .2. Mark L.cy • It I pr"idllnt 8CHOELL • MADSON, INC. PARAGON DESIGNERS " BUIlDERS CORPORATIOH. a WfnntlOtCI corporoUon s" --~Z,;;-, L.L,;r.),.;;; ... ki,ch'------,. Ito .,.oldon\ ENGINEERS ° SUR'vtYORS 0 PUNNERS SOIL 1ESTlNCl • ElMRONIlENTAI. SEIMCES STATE Of MINN[SOTA COUNTY OF HENN[PIN Th. lor'901"9 in.trum.nt WOI oCknowt.d9.d before m. 'hi. __ idO), 0' ________ • 189 __ • by Lynn S. Bachmon. 0 lin91. woman. Notary Public. Henn.p/n-County. Minn.,ola "'1 Commit.ion bpi". ___________ _ STATE Of MINNESOTA COUNTY OF HENNEPIN The lore!JOlne In,ltumant WOI acknowledged before me thi. __ day at ________ • 189 __ • by Morlc L.C)'. pr .. id.nt 0' lee)' Con.truction Inc., II Winnesota corporation. on behalf 0' the corporation. STATE Of' IMNNESOTA Notory Public. Hennepin County. Ulnn.loto My Commi .. ion bpir" :~~~~~_. 19~~'t:°~ ~e~~r::t~t ;:d:~~:rl:~::o~~O:!IjI;:: ... t~' Bulid."",. d~!r:!rouan. ° ... inn .. ola corparooUon. on btlhotf of laid corporollon. Notary Public. Hennepin Countr. Uinnnoto My Commitsion bpi,.,: _~ ____ , ______ _ :h:r'1:7. ~':ff. ~~~rr~~' r::;::rn:'a.ro':' :'Io!~'i: ::rv:.°-:ZT :u·~:::c.~n 0':':' c~:!c:: =;:[:nRl~! p1:C ~fe~~d hundredth, of 0 loot; that all monument.. have be.,. corr.ctly placed In the ground 01 shown on &he plot; and that the out.id. boundary lin •• or. corr.ctly d .. ignot.d on the plot. Theodore O. Kemno Lond SY,n),ot "'innuoto Uc.n .. No. 17006 STAlE or IAINHESorA :~:NNEPtN Th. f~"I\aing •• ':;ef~~!t!:.rti~~~:m~~~ ~~:,s~~~:r.b'fOrt 1M thl, __ day of -----~David B. Toeni.. --------- EDEN PfWRIE. MiNNESOTA Notary Public:, H.nnepln County. Minnnota Wy Commi •• lon bpir'l January 31, 2000 ThIt ptot 01 BRECKENRIDGE 4TH ADomoN wa. opp~d and acc.pt.d bl the Cit), CouncU 01 the Cit)' a. Ed.n Prairi •• Mlnn'loto. ot a "Qular m"tin9 th,reof. h,ld thi. __ do)' 01 _________ • 18 __ • If applicable. the .rlll." commenl, and recommendaUon, gl lilt Commll'ianer of Tran.portatlon and the Caunty HiQhway ErHjllnoor have boen received by the Cit)' or Ihe prucribed 30 day period ha, elap .. d without r.ceipt of IUch comment, cnd recommendoUona. 01 provided by MiM"Ola StaM ... Secflon ~O~.oJ. $ubdlvllkm 2. CITY COUNCIL. or THE CJTY or EDEN PRAlRI[ EI)' • Mayor 8, • Manog" IA.,.A,II:I"I ':IttlW t1:l IIIYt~MIII, II ...... "M. , ... ,.", ............ 1.1 I hereby certlfy that tOll" payabI. In 11: __ and prior )'.ora hove been patel lor kind described on thl, plot. Dated u". __ doy 01 • 18 __ • Patrick H. O·Connor. H.nn.pIn County AuOltor SURVEY SECTION. Henn.pIn County. Mlnne.ota s,,-------__ , • Dtputl Pu,.uont to MINN. STAT Sec. 183a.&e (ISl09). this plot hoe bean approv.d on thlt __ day 0' ________ , 18 __ , Gory r. COIW ••• Henn,pln County Swwyor REGIstRAR or TITlES. tMnnepin Count)'. Minn"oto -' s,, ____________ _ I hereby cortl'l that thl wllhin ptat 0' BR[CKENRfDG[ 4TH ADOmoN wo. r16.d lor record In thll o"ice thl, __ dol of _ • 11 __ • at _ o'dock _.W. R. Don CoMOn. R"lltror of nu., s,, ______ , , _____ • o.putl COUNTY RECORDER. Hen",,,.n County. Uinnuoto I h.reb1 certify that the within plot of BRECKENRIDGE 4TH AOOmoN wa. rated lor record in ItN' olrlce this __ .~ 01 _________ • " __ • ot _ o'clock _.M. R. Don Conlon. Count)' R.cord., s" • Do • .., "'I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BRECKENRIDGE 4TH ADDmON WHEREAS, the plat of BRECKENRIDGE 4TH ADDmON 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 BRECKENRIDGE 4TH ADDmON is approved upon compliance with the recommendation of the 'City Engineer's report on this plat dated November 6, 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 November 18, 1997. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk DATE: 11118/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: 1V. f DEPARTMENT: ITEM DESCRIPTION: I.C. 96-5404 Engineering Division Approve Change Order No. 1 for CSAH 4/Edenwood Drive/High School Rodney W. Rue Entrance Project Recommended Action: Motion to approve Change Order No. 1 for the CSAH 4/Edenwood Drive/High School Entrance Project. Primary Issues: This change order contains two changes to the project. One change was postponing the installation of a signal mastarm at the comer of CSAH 4 and Valley View Road until that project is constructed. The other change was additional grading work necessary to acquire an easement near the intersection of CSAH 4 and Edenwood Drive. Fmancial Issues: These changes result in a net decrease of $5,813.00 to the CSAH 4 construction contract amount. I Sheet-Lof-L HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS CHANGE ORDER # 1 Contractor Midwest Asphalt Corp. Address P.O. Box 5477, Hopkins, MN 55343 Job Location CSAH 4 Between Valley View Road and Hillcrest Court S.A.P. No. 181-020-19 F.P. No. IC-5404 Contract No._C::::::P~9..!::.6.:::...30:::.....-______ _ In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Due to a future project at the intersection of CSAH 4 and Valley View Road which will require mast arm 1 of the revised signal system to be relocated again, it has been agreed to leave the existing mast arm and foundation in place. The contractor has agreed to delete the Base, Pole and Arm for MA-1 along with other minor associated work for a price reduction of$6,800.00. The City has requested that the contractor perform additional grading and place topsoil on property located at northwest comer of CSAH 4 and Edenwood Drive. Payment for the work will be made at the force account lump sum price shown below in the Estimate of Cost. ITEM NO. DELETE 0565.601 0565.601 0105.302 ITEM NAME Revise Signal System Revise Signal System (Mod) Grade and Topsoil CHANGE IN CONTRACT TIME Due to this change the Contract time: increased ( ) Working ( ) days a. is decreased ( ) by ___ Calendar ( ) days b. is not changed (x) c. may be revised if the work affected the controlling operation ( ) ESTIMATE OF COST QUANT. L.S. 1 L.S. 1 L.S. 1 UNIT PRICE $49,300.00 $42,500.00 $ 987.00 Net Decrease Total AMOUNT $49,300.00 $42,500.00 $ 987.00 $ 5,813.00 Approvedby ____________ _ City of Eden Prairie Date ORPORATION DATE: TO: PROJECT: September 30, 1997 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-2230 612/949-8300 M.A.C. Job Number 7701 County Road 4 WORK PERFORMED: Grade and place black dirt Uniloader with operator Tandem truck with driver Laborer Black dirt • . . .'. . . September 18, 1997 3 hours @ $65.00/hour .... $195.00 1 hour @ $50.00/hour .... $ 50.00 1 hour @ $44.00/hour .... $ 44.00 40 cy @ $12.00/cy .... $480.00 SUBTOTAL $769.00 Regrade for drainage •..•...•.. September 22, 1997 Uniloader with operator 2 hours @ $65.00/hour .... $130.00 Laborer 2 hours'@ $44.00/hour .... $ 88.00 SUBTOTAL $218.00 GRAND TOTAL. ....... $ 98 7 . 00 Thank you for your payment. Any questions, please call. P.O. BOX 5477 • HOPKINS, MINNESOTA • 55343 PHONE: (612) 937-8033· FAX: (612) 937-6910 Industrial Commercial Underground Overhead May 13, 1997 Hennepin County Dept of Public Works 320 W.shington Ave. So. Hopkins, MN 55343 Re: CSAH , -County Project 19630 At tn: Don Hannon Dear Sir.,. 9702 -85th Avenue North Maple Grove, Minnesota 55369 Telephone: 425-2525 Fax: 424-1258 RECEIVED_ MAY 14 1997 CONSTRUCT/ON Regarding the above _ntionecl project we have been requested by Hennepin County to delate various it_. of work at the N.E. Corner of Co. Rd.' and Valley View Road. fti. i. clue to a futur •. project on Valley View Road that will require MA-l to be relocated at that tl .. inst.ad of part o~ this project. We hereby offer Hennepin County a $6,800.00 deduct. on -Revised Signal Sy.t_-to delete th. Ba •• , Pole and Ara for MA-l along wi th other ainor aaaociatedwork. Sincerely, An Equal Opportunity Employer DATE: 11/18/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar ITEM NO: 1J/. F DEPARTMENT: ~ ITEM DESCRIPTION: Public Works /, Award Contract for Water Meter Reading Services Eugene A. Dietz ~ v Requested Action: Award contract for water meter reading services for the period November 19, 1997 to January 15, 1999 at the rate of $.52 per read, with an expected extension amount of $29,744.00 to RMR Services, Inc. Background: The 1997 Utility budget provides for contract meter reading from a private vendor. This decision was based on the following: • Meter reading consumes the equivalent of two man-years of labor. • Using our own staff, we have historically allowed two and a half to three weeks each month to complete this task. • Depending on the time of year, we have utilized one or two people to read meters during that time frame or as many as ten of our staff if we got behind and needed to "hurry up". This has caused seasonal peaking of staffing needs that has been difficult to manage. • Based on the point above, we expect to be able to avoid hiring additional staff, since we will essentially gain the services of two employees at a projected cost that is less than the total payrolllbenefit cost for one employee. Although U.S. FilterlWaterPro submitted the low bid by approximately $5,200.00 (nearly 20% below second bid), the selection criteria as established in the proposal request included the following: 1. Demonstrated experience 2. Response to the RFP 3. Competitive fee 4. Employee training program 5. Resources available to staff the project Attached for your information is the actual proposal from RMR Services, Inc. and U.S. FilterlW aterPro. After checking references and reviewing the information, we find that RMR Services, Inc. has six years of experience compared to U.S. FilterlWaterPro with five months of experience at White Bear Lake (their only sizeable account).· Additionally, RMR Services, Inc. employees 15 people, of which six are full time compared to U.S. FilterlWaterPro that have two part time people only. We believe that since this project is new for the City of Eden Prairie, our best chances for success is to employee a contractor who has a proven track record and has the ability to meet the staffing demands to satisfy our customer needs. Assuming U.S. FilterlWaterPro continues in the "business" we can certainly evaluate a future proposal from them next year when we go out for bid again. Finally, U.S. FilterlWaterPro is currently providing services to the City for radio reading of commercial accounts. Service from the firm has been less than expected and we have been working with them to improve their performance. They recognize and admit the shortcomings and have been working toward improvement. However, staff recommends that we gain our confidence in current service areas with U.S. FilterlWaterPro and award the reading contract to RMR Services, Inc. I M E M 0 RAN DUM TO: Gene Dietz, Director of Public Works FROM: Ed Sorensen, Utilities superintenden~ DATE: November 7,1997 SUBJECT: Recommendation for Water Meter Reading Services Requests for Proposals were received at 10:00 a.m., November 6, 1997. from the following contractors: U.S. FILTER/WaterPro Eden Prairie $0.43 / Read $ RMR Services, Inc. Min n ea po 1 i s $0.52 / Read $ 24,596.00 29,744.00 R3 Contracting Rogers $4.89 / Read $279,708.00 Based on our own RFP Selection Criteria Section 2, I find that RMR Services, Inc. meets all five criteria and I recommend that the contract be awarded to them. cc: Mary Krause U.S. t=(l..TE~ Request for Proposal Water Meter Reading Services Page 5 PROPOSAL FORM WATER METER READING SERVICES The undersigned has examined and understands the attached Specifications and hereby proposes to furnish all labor, equipment, and all else necessary to provide meter reading services within the City of Eden Prairie in accordance with said Specifications at the unit price listed below. The City of Eden Prairie reserves the right to reject any and all proposals. 6-01 FIRM ORGANIZATION: 1 How many years has your firm provided meter reading 1 services? 6-02 PROFESSIONAL ORGANIZATION: 1 How many people are employed for meter reading 2 services? 2 How many of these are assigned to full-time reading? 0 6-03 EXPERIENCE: 1 List your meter reading experience for other municipalities. city of White Bear Lake, MN Village of Birchwood, MN 2 List your meter reading experience for other public utilities. 3 List your annual volume of meter reading services in the last five years. 1 ) 12,000 2) 0 3} 0 4) 0 5) 0 6-04 WORKLOAD: 1 What is your present meter reading workload? I 1000 /month '.~. . ' ... "-~ -. '.'-.' .. -. '.< Request for Proposal Water Meter Reading Services Page 6 6-05 REFERENCES: 1 Ust your five (5) most recent meter reading contracts. Provide the name and telephone number of the contact person. 1) City of white Bear Lake, Diane Miller 429-8565 2) v;ll.::t('fp nf"Birchwood Kathy Weber 426~3403 3) 4} 5) 6-06 BASIS OF COMPENSATION: 1 Propose your rate of compensation in terms of cost per meter read - assume 14,300 meters each to be read 4 times per year. Compensation for each meter reading includes all costs associated with reading each meter. DESCRIPTION EST. QUANTITY UNIT PRICE TOTAL AMOUNT Water Meter 57,200 Meter $ 43 tRead $ 24,596 Reading Services Readings 2 State your firm's policy regarding fees for additional services requested by the City. see attachment Firm US Filter Address @JIb 15801 West 78th st. Eden Prairie, MN 55343 Authorized Signature Sales Representative 937-9666 Title Telephone U S ==::::::::::;;::-== ~--- - - - --;:=:;;; -----!!!! e e5 5=-5 =--= == Paul Thorn US Filter Corp. 15801 W. 78th St. DISTRIBUTION GROUP Eden Prairie, MN 55344 937-9666 To: City of Eden Prairie Re: Additional Services, Water Meter Reading Services Date: 11/6/97 Quantity Description any any any RadioRead ea. Reading of Sensus RadioRead Units ea ea Labor Costs-Residential Labor Costs-Commercial Includes: Making appointments, diagnosing problems, repair of meter system, callbacks, warranty work 0.05 $251 hr plus parts $501 hr plus parts conversions, changeouts, complete tracking and record keeping US Filter has changed out over 15,000 water meters in the in the past three years. He have on our staff a full-time AMR specialist with over 20 years of experience, a project coordinator, and two meter specialists that deal exclusively with meter reading, meter conversions, and meter troubleshooting in all the Sensus AMR systems. We have a staff of temporary employees that have been working with us on all of our projects with very little employee turnover. We have the most experienced staff when it comes to water meters, and especially Sensus. We can handle all of your metering needs. Page 1 of 1 fax 937-8065 Extension Request for Proposal Water Meter Reading Services Page 5 PROPOSAL FORM WATER METER READING SERVICES The undersigned has examined and understands the attached Specifications and hereby proposes to furnish all labor, equipment, and all else necessary to provide meter reading services within the City of Eden Prairie in accordance with said Specifications at the unit price listed below. The City of Eden Prairie reserves the right to reject any and all proposals. 6-01 FIRM ORGANIZATION: 1 How many years has your firm provided r Jeter reading 6 Years services? 6-02 PROFESSIONAL. ORGANIZATION: 1 How many people are employed for meter reading 15 people services? 2 How many of these are assigned to full-time reading? 6 People 6-03 EXPERIENCE: See Addendum to the Proposal for Questions 1-3 1 List your meter reading experience for other municipalities. 2 List your meter reading experience for other public utilities. 3 List your annual volume of meter reading services in the last five years. 1 ) 2) 3) 4) 5) 6-04 WORKLOAD: 1 I What is your present meter reading workload? ho,ooo Readl: per month Request for Proposal Water Meter Reading Services Page 6 6-05 REFERENCES: 1 List your five (5) most recent meter reading contracts. and telephone number of the contact person. 1 ) See Addendum to Proposal 2) 3} 4) 5) 6-06 BASIS OF COMPENSATION: Provide the name 1 Propose your rate of compensation in terms of cost per meter read - assume 14,300 meters each to be read 4 times per year. Compensation for each meter reading includes all costs associated with reading each meter. DESCRIPTION EST. QUANTITY UNIT PRICE TOTAL AMOUNT Water Meter 57,200 Meter $ .52 IRead $ 29,744.00 Reading Services Readings 2 State your firm's policy regarding fees for additional services requested by the City. The policy of RMR Services, Inc. regarding fees for additional services requested by the city, is to treat these on a case by case basis. The pricing for these services would be dependent on the request. RMR Services, Inc. 1228 South 7TH street Firm Address Minneapolis, MN 55415 Authorized Signature ;P~2/~ (612) 376-7600 Title Telephone 7 ADDENDUM TO PROPOSAL 6-03 EXPERIENCE: 1 Meter reading experience for other municipalities. Municipality City of New Hope City of Bloomington City of Plymouth City of Maple Grove City of Rosemount City of Eagan City of Apple Valley Start Date Jun-96 Jan-96 Dec-95 Apr-94 . Oct-93 Oct-93 Oct-92 2 List your meter reading experience for other public utilities. Public Utility Wright-Hennepin Electric Cooperative Minnegasco, Inc. People's Natural Gas Co. Dakota Electric Cooperative Start Date Jan-98 Jan-96 Jan 96-Aug 96 Nov-95 3 List your annual volume of meter reading serivces in the last five years. 1)1997-840,000 2)1996-700,000 3)1995-260,000 4)1994-245,000 5)1993-205,000 6-05 REFERENCES: List your five (5) most recent meter reading contracts. Provide the name and telephone number of the contact person. City or Utility City of New Hope Minnegasco, Inc. City of Bloomington City of Plymouth Dakota Electric Cooperative Contact Person Jeannine Clancy ./ Pat Samways /Terry Neuman Larry Jacobson Russ Bower Phone Number (612) 533-4823 16 (612) 321-4796 (612) 948-3908 (612) 509-5320 (612) 463-6236 CITY COUNCIL AGENDA SECTION: Consent DATE: November 18,1997 DEPARTMENT: ITEM DESCRIPTION: ITEM NO: rv.G Community Development SHeRPA and FSC Agreements Chris EngerlDavid Lindahl REQUESTED COUNCIL ACTION: Adopt the resolution electing to participate in the newly reorganized South Hennepin Regional Planning Agency (SHeRPA) and Family Services Collaborative (FSC), and authorize the Mayor and City Manager to execute the attached SHeRPA Agreement. BACKGROUND: Since 1971, Eden Prairie has participated jointly with the cities of Bloomington, Edina, and Richfield, and Hennepin County in planning and coordinating social services for the area. Through a Joint Powers arrangement, SHeRPA was formed to perform certain duties on behalf of the four Cities. Each year the Cities and County contribute funds to this organization, which in 1997 was: Cities Hennepin County $75,032 ($18,758 per city) $78,414 Over the past three years SHeRPA has been involved in planning and implementing a primarily State-funded project called the South Hennepin Family Services Collaborative (FSC), which included participation from the school districts of each of the four cities. The FSC project focuses on helping connect residents to human services, responding to problems early, improving communication between hwnan service providers, and creating community resource centers in each of the four communities. Because of its involvement in this effort, the SHeRPA Board reorganized the agency to connect the FSC responsibilities to its research and planning functions. However, two separate agreements were prepared because of the County's reluctance to sign with SHeRPA (perceived conflict of interest). The cities are only required to sign the SHeRPA Agreement Key features of the agreements and a list of appointments to the FSC Advisory Council are attached for your review. FINANCIAL IMPLICATIONS: Parties to the agreements can elect annually whether they want to participate in the research and planning function of SHeRPA. If so, the annual fees will remain the same as what they have been in past, about one fourth of the total County contribution, or about $19,000 for Eden Prairie in 1998. Contributions to the FSC should continue to be through in kind donations, which for Eden Prairie has included providing staff resources and space for the Eden Prairie Community Resource Center. If the FSC project requires city and school funding to sustain itself, Eden Prairie could elect to not participate in research and planning and direct those funds to the FSC effort. SUPPORTING INFORMATION: Resolution List of Appointees Key Features of each Agreement Agreements h\wperfect\fsc\fscagree.97 I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. __ _ RESOLUTION RELATING TO SOUTH HENNEPIN REGIONAL PLANNING AGENCY JOINT AND COOPERATIVE AGREEMENT FOR RESEARCH, PLANNING AND COORDINATION OF HUMAN SERVICES BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota ("City") as follows: WHEREAS, Minnesota Statutes 471.59 pennits two or more government units, by agreement of the governing bodies, to jointly and cooperatively exercise any power common to each ofthem, and WHEREAS, the parties desire to enter into a joint and cooperative agreement for research, planning and coordination of human services to provide human services research, planning and coordination, both public and private, and to enable participation in and the provision of administration and coordination of services to a family services collaborative, as authorized by Minnesota Statutes 121.8355, to monitor and address human service needs and provide coordinated family services. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Eden Prairie: 1. The City of Eden Prairie hereby joins the South Hennepin Regional Planning Agency. 2. The Mayor and City Manager are hereby authorized and directed to execute the Joint and Cooperative Agreement for Research, Planning and Coordination of Human Services for the South Hennepin Regional Planning Agency in the form attached hereto. In the absence of the Mayor or City Manager, the document authorized by this resolution may be executed by the Acting Mayor or designee of the City Manager, respectively. Passed by the City Council the __ day of _________ , 1997. Dr. Jean Harris, Mayor Attest __________ _ John D. Frane, City Finance Director/Clerk SOUTH HENNEPIN FAMILY SERVICES COUNCIL APPOINTMENTS TO THE NEW FSC ADVISORY COUNCIL Bloomington Parent, youth, senior Mary Ann Brenden Bloomington Parent, youth, senior Bloomington Informal support Bloomington City Alisa Heintzeman Bloomngton School Carol Huttner Eden Prairie Parent, youth, senior Peg DuBord ~ ;..J/~-S g Eden Prairie Parent, youth, senior Valerie Olson Eden Prairie Informal support Paul Nelson -?~77J;z. Eden Prairie City Sherry Butcher-Y ounhans Eden Prairie School Gretchen Durkot Edina Parent, youth, senior Nancy Atchison Edina Parent, youth, senior Edina Informal support Steve "Bobo" Burns Edina City Edina School Richfield Parent, youth, senior Cate Hage Richfield Parent, youth, senior Connie McDonald Richfield Informal support Sharon Banks Richfield City Camillo DeSantis Richfield School Nancy Rowley FSN Member (MOU) C.A.S.H. FSN Member (MOU) Family & Children's Service Roger Grusznski FSN Member (MOU) Lakewood Counseling Carolyn von Weiss Business Fairview-Southdale Hospital Daniel Weber Hennepin County Public Health Bloomington Public Health Gayle Hallin SHFSC Advisory Council Representatives (lO/22/97) Key Features of the South Hennepin Regional Planning Agency Agreement Parties Purpose Governing Board Advisory Commission Financial Contributions Other Key Agreements Cities of Bloomington, Eden Prairie, Edina and Richfield. School districts may join at any time. • Provide human services research, planning and coordination to member organizations • Provide administrative and coordination services to the South Hennepin Family Services Collaborative • Authorize member organizations to enter into a family services collaborative agreement City managers of member cities An advisory body may be established. The present Commission is inactive due to the work of the Family Services Collaborative, but is expected to be reconvened in 1998. Current composition includes 3 representatives from each community, including one city council representative and two representatives from existing city commissions. The Commission's composition may be reconsidered before it reconvenes. Determined annually by each member. Current contribution is $18,400 per member. Family Services Collaborative Lf Key Features of the South Hennepin Family Services Collaborative Agreement Parties Purpose Governing Board Advisory Council Financial Contributions Other Key Agreements Countywide Agreements · SHeRPA (municipalities of Bloomington, Edina, Eden Prairie and Richfield) • School Districts of Bloomington, Edina, Eden Prairie and Richfield • Hennepin County • Community Action For Suburban Hennepin (CASH) • To create and manage a family services collaborative in South Hennepin Cou • Contract with the South Hennepin Regional Planning Agency (SHeRPA) to provide administrative and coordination services to the FSC. • 4 city managers 1" Sr4~r ~,~,' __ ".s • 4 school district superintendents • Hennepin County representative • CASH representative The FSC Board will hold joint meetings with the SHeRPA Board (4 city managers). • Five representatives from each community (1 city, I school, 2 parentslyouthls 1 faith community/informal community support) • One Bloomington Public Health representative • CASH representative • 2 other representatives ofMOU providers • Hennepin County representative • Business representative • Minimum annual $500.00 cash or in-kind contribution • Memorandum of Understanding between the FSC and private providers participating in the Collaborative. This agreement establishes the commitmen providers make to the Family Support Network regarding their participation i Collaborative's shared intake process and client database, service coordination through Family Support Teams, staffing for CRes, and developing/enhancing strength-based and early intervention practices. This agreement will also be used to reflect the operational commitments by members of this FSC Agreement (the cities, school districts, Hennepin Count CASH). • Local Collaborative Time StudylRevenue Enhancement • Alliance for Families and Children for countywide inter-collaborative service coordination Execution copy SOUTH HENNEPIN REGIONAL PLANNING AGENCY JOINT AND COOPERATIVE AGREEMENT FOR RESEARCH, PLANNING AND COORDINATION OF HUMAN SERVICES I. PARTIES The parties to this Agreement are the cities of Bloomington, Eden Prairie, Edina and Richfield. This Agreement is made pursuant to Minnesota Statutes, Section 471.59, subdivisions 1 and 11. ll. GENERAL PURPOSE Section 2.1. The parties have formed this Agreement for the purpose of providing an organization to accomplish the following: (a) To provide human services research, planning and coordination, both public and private, throughout the territory of the parties to this Agreement; and (b) To enable participation in and the provision of administrative and coordination services to a family services collaborative, as authorized by Minn. Stat. § 121.8355, to monitor and address human service needs and provide coordinated family services. Section 2.2. The organization formed by this Agreement shall not be used or operated for the pecuniary gain, directly or indirectly, of any party or any member of its board. The organization shall not participate or intervene in a political campaign on behalf of any candidate for public office. llI. NAME The name of the organization created by this Agreement is South Hennepin Regional Planning Agency. The name may be changed in accordance with Section 14.1 of this Agreement. CAH128867 RC145·327 N. DEFINITIONS Section 4.1. For the purpose of this Agreement, the terms defined in this section have the meanings given them. Section 4.2. "South Hennepin Regional Planning Agency" or "Agency" means the organization created pursuant to this Agreement. Section 4.3. "Board" means the board of directors of the Agency, as established under Section 6.1 of this Agreement. Section 4.4. "Governing Body" means the policy-making and decision-making body of a member that has the authority to enter into contracts of this type. For example, with respect to a city, it means the city council; with respect to a school district, it means the school board. Section 4.5. "Governmental unit" means any political subdivision of the State of Minnesota including, but not limited to, a home rule charter or statutory city, or school district. Section 4.6. "Human services" includes but is not limited to services and facilities to deal with and serve human needs. v. MEMBERSHIP Section 5.1. Any governmental unit located in the metropolitan area is eligible to be a member of the Agency. Section 5.2. The initial members of the Agency are: City of Bloomington, a home rule charter city and public health entity; City of Eden Prairie, a statutory city; City of Edina, a statutory city; and City of Richfield, a home rule charter city. Section 5.3. A governmental unit may enter into this Agreement by resolution of its governing body and by execution of a copy of this Agreement by its proper officers. The goverrunental unit or private entity must file an executed copy of the Agreement and a certified copy of the authorizing resolution with the City Clerk of the City of Richfield. For governmental CAH128867 RC14S-327 2 1 units~ the resolution authorizing the execution of the agreement must also designate the first director to serve as the member's representative on the Board. Section 5.4. A governmental unit wishing to become a member after the effective date of this agreement may be admitted only upon the favorable vote of two-thirds of the votes of the Board present and voting at any regular or special meeting. The Board may, in its by-laws, impose conditions upon the admission of additional members. Section 5.5. A change in the governmental boundaries, structure, classification or organization of a governmental unit does not affect the eligibility of a governmental unit to become or remain a member of the Agency. VI. BOARD OF DIRECTORS Section 6.1. The governing body of the Agency is its Board of Directors. Each member is entitled to one director on the Board. Each director is entitled to one vote. Section 6.2. A director is appointed by resolution of the governing body of the member. A director serves until a successor is appointed and qualifies. Directors serve without compensation from the Agency, but nothing in this section is to be construed to prevent a governmental unit from compensating its director for service on the Board if such compensation is otherwise authorized by law. Section 6.3. Vacancies in the office of director will exist for any of the reasons set forth in Minnesota Statutes, section 351.02, or upon a revocation of a director's appointment by the appointing member duly filed with the Agency. Vacancies are filled by resolution of the governing body of the member whose position on the Board is vacant. Section 6.4. A majority of the votes of the Board of Directors constitutes a quorum. CAH128867 RC14S-327 VII. EFFECTIVE DATE; ORGANIZATIONAL MA TIERS 3 Section 7.1. This Agreement is effective on the date when the last of the executed agreements and authorizing resolutions of all of the initial members listed in Section 5.2 of this Agreement has been filed as provided in Section 5.3 of this Agreement. Section 7.2. Within 30 days after the effective date of this agreement, the director appointed in the authorizing resolution of the City of Richfield must call the first meeting of the Board, which meeting must be held no later than 60 days after the effective date of this agreement. Section 7.3. The first meeting of the Board will be the organizational meeting of the Agency. At the organizational meeting, and at each annual meeting thereafter, the Board must elect from among the directors a chair, a vice-chair, and a secretary-treasurer. More than one office may be held by a director. Section 7.4. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Board must adopt by-laws governing its procedures, including the time, place, notice for and frequency of its regular meetings, procedure for calling special meetings, and such other matters as are required by this Agreement. The Board may amend the by-laws from time to time. The Board must meet at least once each year and on such other dates as may be provided in its by-laws. The annual meeting is held in the month of May unless otherwise provided in the by- laws. Section 7.5. The Board may create an executive committee and other committees as it may deem necessary pursuant to its by-laws. The executive committee may be authorized to exercise specified powers of the board of directors between Board meetings, subject to the limitations imposed upon it by the Board. Section 7.7. The Board may create advisory councils as it deems necessary pursuant to its by-laws. CAH12BB67 RC14S-327 4 q VIII. POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 8.1. The powers and duties of the Board of Directors include the powers set forth in this Article. Section 8.2. It may employ a person to act as director of the Agency. Section 8.3. It may make such contracts as are necessary to effectuate the purposes of this Agreement. Section 8.4. It may employ such other persons as it deems necessary to accomplish its powers and responsibilities. Persons may be employed on a full-time, part-time or consulting basis, as the Board determines. Section 8.5. It may apply for and receive financial support in the form of grants from any organization or agency in order to accomplish its purposes and may enter into the agreements necessary to obtain the support. Section 8.6. It may invest and reinvest funds not needed for current operating expenses, ifany, in the manner applicable by law to statutory cities. The Agency may not incur obligations in excess of funds available to it. Section 8.7. It may contract for space, materials and supplies. Section 8.8. It must make a financial accounting and report to the parties at least once each year. Its books and records shall be available and open to examination to authorized representatives of the parties at all reasonable times. Section 8.9. It shall secure insurance to protect the Agency, the Board, the officers and employees of the Agency and the parties in such form and amount as are agreed by all parties. Section 8.10. It shall establish policies and procedures with respect to the creation, collection, maintenance, and dissemination of government data, as may be required by applicable federal and state law. CAH128867 RC14S-327 5 10 · Section 8.11. It may prepare an inventory of human service facilities, services and agencies, both public and private, available to persons residing in the corporate limits of the Agency's governmental unit members. It may make a cost analysis of any existing or proposed human services programs, may call attention to human service needs and human services programs and may undertake to coordinate human services programs, public and private, within the territory of the Agency's governmental unit members. Section 8.12. It may conduct research and investigation regarding any and all human services related needs and develop proposed plans for coordinating and/or providing human services. Human services related issues include but are not limited to mental health, family counseling, developmental disabilities, chemical health, domestic abuse, income supportslbasic needs, employment and training, child and adult welfare, immigration, juvenile deliquency, senior citizens, and transportation. Section 8.13. It may enter into a family services collaborative agreement with other governmental and private entities pursuant to Minn. Stat. § 121.8355, for the purpose of forming a family services collaborative; provided, that any such collaborative agreement must provide that each of the directors on the Agency's Board shall also be a member of the collaborative's board of directors. It may, pursuant to such an agreement, contractually commit to annually provide a minimum cash or in-kind contribution to the family services collaborative, provided that the minimum contribution equals at least $500.00 times the number of members of the Agency. Section 8.14. It may contract with a family services collaborative established under Minn. Stat. § 121.8355 to provide administrative and coordination services and such other services as may be necessary to further the goals and objectives of the family services collaborative. Section 8.15. It may exercise any other power necessary and convenient to the implementation of its powers and duties under the provisions of this Agreement. CAH128867 RC14S-327 1/ 6 Section 8.16. The Agency shall not discriminate on the basis of sex, race, creed, national origin, color, religion, age, or disability, and will conform to all applicable State and Federal laws and regulations including, without limitation, the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. IX. OFFICERS Section 9.1. The officers of the Board are a chair, a vice-chair, and a secretary-treasurer elected by the Board for a term of one year and until their respective successors are elected and qualify, at the annual meeting. New officers take office at the adjournment of the annual meeting at which they were elected. An officer must be a duly qualified and appointed director. Section 9.2. A vacancy in the office of chair, vice-chair, or secretary-treasurer occurs for any of the reasons for which a vacancy in the office of director occurs. Vacancies in these offices are filled by the Board for the unexpired portion of the term. Section 9.3. The chair presides at meetings of the Board. The vice-chair acts as chairman in the absence, disqualification or disability of the chairman. Section 9.4. The secretary-treasurer is responsible for keeping a record of the proceedings of the Board, for custody of funds, for keeping of financial records of the Agency and for such other duties as may be assigned to the secretary-treasurer by the Board. Persons may be employed to perform such services under the supervision and direction of the secretary-treasurer as may be authorized by the Board. The secretary-treasurer must post a fidelity bond or other insurance against loss of Agency funds in the amount specified by the Board, the cost of such bond or insurance to be paid by the Board. The Board may provide for compensation of the secretary-treasurer for services to the Board. Section 9.S. In its by-laws, the Board may establish such other offices as it deems necessary, in addition to those set forth in this Article IX. CAH128867 RC14S-327 7 J" X. FINANCIAL MATTERS Section 10.1. The fiscal year of the Agency is the calendar year. Section 10.2. Agency funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by statutory cities. Orders, checks and drafts shall be signed, and other legal instruments shall be executed on behalf of the Agency as provided in the by-laws. Section 10.3. Contracts shall be let and purchases made in conformance with the legal requirements applicable to contracts and purchases of optional Plan B cities and for such purposes the executive director, if any, shall be deemed to occupy a position equivalent to that of a city manager. , Any contract in excess of $10,000.00 must be approved by a two thirds majority of the Board. Section 10.4. The Board (1) is strictly accountable for all funds received and for funds expended by it, (2) must have an annual audit of its books, and (3) must make an annual report of all of its receipts and disbursements to each of the parties. Section 10.5. The Board must formulate a proposed annual budget for the Agency and submit it to the parties on or before June 1 for their approval. The budget shall be deemed approved by a party unless, prior to July 1 of the year involved, the party gives notice in writing . to the Agency that it does not approve the budget. The budget shall be revised and resubmitted to the parties until it is approved by all parties. Final action adopting an annual budget shall be taken by the Board on or before September 1. The parties shall be obligated to pay the amount specified as their contribution in the budget unless that party has withdrawn pursuant to Article XI. Section 10.6. Except as authorized by law, no member of the Board or other public officer of the organization who is authorized to take part in any manner in the making of any CAH128867 RC14S-327 8 sale, lease or contract may voluntarily have a personal financial interest in such transaction or personally benefit financially therefrom. XI. DURATION AND DISSOLUTION Section 11.1. The Agency will exist, and this agreement is in effect, for an indefinite term until dissolved in accordance with Section 11.3 of this article. Section 11.2. A member may withdraw from the Agency effective as of December 31 of any year by filing a written notice with the secretary-treasurer at or prior to the Board's annual meeting in May of such year. However, any member which is a public school district shall comply with Minn. Stat. § 123.35, subd. 19a and notify the Agency members of its intent to withdraw on or before February 1 of any year, and the withdrawal shall be effective June 30 of the same year. A withdrawing member shall be obligated to pay the Agency its budgeted contribution for the year in which the notice of withdrawal is given. The withdrawing party shall continue to be a party to this Agreement until the effective date of such notice of withdrawal. A notice of withdrawal may be rescinded at any time by a member. If a member withdraws before dissolution of the Agency, the member will have no claim on the assets of the Agency. Section 11.3. The Agency must be dissolved whenever the withdrawal of a member reduces total membership in the Agency to less than three. The Agency may be dissolved at any time by unanimous vote of all the members of the Board of Directors. Section 11.4. In the event of dissolution, the Board must determine the measures necessary to effect the dissolution and provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this Agreement. Upon dissolution of the Agency all remaining assets of the Agency, after payment of obligations, must be distributed among the then existing members in proportion to their respective contributions. If there have been no contributions by any party, surplus monies of the Agency shall, upon termination of the CAH128867 RC145-327 9 I~ Agency, be returned to the parties in equal shares. The Agency will continue to exist after dissolution for the period, no longer than six months, necessary to wind up its affairs but for no other purpose. Xll. TRANSITIONAL AND MISCELLANEOUS MA TIERS Section 12.1. The name of the organization created by this Agreement may be changed when deemed appropriate by the Board, but only upon a 75% majority vote of all the votes of the Board of Directors taken at a regular meeting of the Board or by written action. If the name of the organization is so changed, the Board must provide in its by-laws for necessary measures to effect the change in official and unofficial documents, papers, and other essential respects. Section 12.2. It is the intention of the parties to this Agreement that the organization created hereby is the successor to the South Hennepin Regional Planning Agency in existence on the day prior to the effective date of this Agreement. It is further the intention of the parties that any funds made available to the organization created by this Agreement from the assets of the prior South Hennepin Regional Planning Agency must be used exclusively for the purposes of this Agreement. The adopted budget of the prior South Hennepin Regional Planning Agency remains in effect until revised and until the new annual budget is adopted. The adoption of this Agreement does not affect or modify the obligation of members of the prior South Hennepin Regional Planning Agency to make contributions authorized by the prior South Hennepin Regional Planning Agency. CAH128867 RC145-327 10 I'j IN WITNESS WHEREOF, the undersigned governmental unit or private entity has caused this Agreement to be executed by its duly authorized officers and delivered on its behalf. By ________________________ __ It:s..s _____________ _ By _________________________ _ It.:s..s _____________ _ Dated: ________ , 199_ Filed In the office of the of -----------this __ day of _____ , 199_. CAH128867 RC145-327 11 I~ Execution copy FAMILY SERVICES COLLABORATIVE AGREEMENT I. PARTIES The parties to this Agreement are South Hennepin Regional Planning Agency, County of Hennepin, Independent School District Nos. 271, 272, 273 and 280, and Community Action for Suburban Hennepin. This Agreement is made pursuant to Minnesota Statutes, Section 121.8355. II. DEFINITIONS Section 2.1. For the purpose of this Agreement, the terms defined in this section have the meanings given them. Section 2.2. "South Hennepin Regional Planning Agency" or "SHeRPA" means that certain joint powers organization initially formed by the cities of Bloomington, Eden Prairie, Edina, and Richfield. Changes in SHeRPA's membership will not affect this Agreement, except as provided at Section 10.3 of this Agreement. Section 2.3. "Board" means the board of directors of the Collaborative, as established under Section 5.1 of this Agreement. Section 2.4. "Collaborative" means the family services collaborative created by this Agreement. Section 2.5. ...!IGoverning Body" means the policy-making and decision-making body of a member that has the authority to enter into contracts of this type. For example, with respect to SHeRPA, it means the board of directors of SHeRPA; with respect to a county, it means the county board; and, with respect to a school district, it means the school board. Section 2.6. "Governmental unit" means any political subdivision of the State of Minnesota including, but not limited to, a home rule charter or statutory city, county, school CAH128825 RC145-327 17 district, public health entity, community action agency as defined in Minnesota Statutes, Section 268.53 (other than a private nonprofit agency), public library, other agency of local government, or a joint powers entity formed by two or more political subdivisions of the State. Section 2.7. "Private entity" means any private corporation, agency, association or foundation that provides human services to individuals and families, including, but not limited to, a private nonprofit community action agency under Minnesota Statutes, Section 268.53. Section 2.8. "Human services" includes but is not limited to services and facilities to deal with and serve human needs. III. GENERAL PURPOSE Section 3.1. The parties have formed this Agreement for the purpose of establishing and operating a family services collaborative, as authorized by Minnesota Statutes Section 121.8355, to monitor and address human service needs and provide coordinated family services. The organization created by this Agreement shall be a family services collaborative (the "Collabora- tive"). IV. MEMBERSHIP Section 4.1. Any governmental unit or private entity as specified in Minn. Stat. § 121.8355, subd. lea) and located in the metropolitan area is eligible to be a signator to this Agreement, subject to the requirements of this Article IV. Section 4.2. The initial governmental unit members of the Collaborative are: South Hennepin Regional Planning Agency, a joint powers entity (SHeRPA is the public health entity member of this collaborative); County of Hennepin, a county; Independent School District No. 271, a school district; Independent School District No. 272, a school district; Independent School District No. 273, a school district; and Independent School District No. 280, a school district. CAH128825 RC145-327 2 The initial private entity member is Community Action for Suburban Hennepin, a Minnesota nonprofit corporation. Section 4.3. A governmental unit or private entity may become a member of the Collaborative by resolution of its governing body and by execution of a copy of this Agreement by its proper officers. The governmental unit or private entity must file an executed copy of the Agreement and a certified copy of the authorizing resolution with the executive director of SHeRPA. Section 4.4. A governmental unit or private entity wishing to become a member after the effective date of this agreement may be admitted only upon the favorable vote of two-thirds of the votes of the Board present and voting at any regular or special meeting. Section 4.5. A change in the governmental boundaries, structure, classification or organization of a governmental unit does not affect the eligibility of a governmental unit to become or remain a member of the Collaborative. V. BOARD OF DIRECTORS Section 5_1. The governing body of the Collaborative is its Board of Directors. Except as provided in Section 5.5 of this Agreement, each member is entitled to one director on the Board. Each director is entitled to one vote. The Board establishes policies and objectives in accordance with Minn. Stat. § 121.8355. It may exercise all of the powers and shall perform all of the duties specified in Minn. Stat. § 121.8355 and Article VII of this Agreement. Section 5.2. For governmental unit members, each member's director is appointed by resolution of the governing body of the governmental unit member. After considering recommendations from the private entity members, the directors for the governmental unit members shall select one director to serve as a representative of Community Action for Suburban Hennepin and one director to serve as a representative of all other private entity members. CAH128825 RC145-327 Section 5.3. A director serves until a successor is appointed and qualifies. Directors serve without compensation from the Collaborative, but nothing in this section is to be construed to prevent a member from compensating its director for service on the Board if such compensation is otherwise authorized by law. Section 5.4. Vacancies in the office of director will exist for any of the reasons set forth in Minnesota Statutes, section 351.02, or upon a revocation of a director's appointment by the appointing member. Vacancies are filled by resolution of the governing body of the member whose position on the Board is vacant. Section 5.5. Notwithstanding any other provision of this Article V to the contrary, appointment of directors for SHeRPA shall be governed by this Section 5.5. SHeRPA shall have one director on the Board for each of its members. Each director appointed by SHeRPA must be a member of SHeRPA's governing body. Section 5.6. A majority of the Board of Directors constitutes a quorum. VI. EFFECTIVE DATE; ORGANIZATIONAL MATTERS Section 6.1. This Agreement is effective on the date when the last of the executed agreements and authorizing resolutions of all of the initial members listed in Section 4.2 of this Agreement has been filed as provided in Section 4.3 of this Agreement. Section 6.2. Within 30 days after the effective date of this agreement, a director appointed by SHeRPA must call the first meeting of the Board. The first meeting of the Board will be the organizational meeting of the Collaborative. At the organizational meeting, and at each annual meeting thereafter, the Board must elect from among the directors a chair, a vice- chair, and a secretary-treasurer. Section 6.3. The Board may create an executive committee and other committees as it may deem necessary. The executive committee may be authorized to exercise specified powers CAH128825 RC145-327 {)() 4 of the board of directors between Board meetings, subject to limitations placed upon it by the Board. Section 6.4. The Board may create advisory councils as it deems necessary. Section 6.5. At the organizational meeting and at each annual meeting thereafter, the Board shall by resolution designate an official newspaper for the publication of its official notices. VII. POWERS AND DUTIES OF THE FAMILY SERVICES COLLABORATIVE Section 7.1. The powers and duties of the Collaborative include the powers set forth in this Article. Section 7.2. It may exercise any of the powers and shall perform all of the duties required of a family services collaborative, as provided in Minn. Stat. § 121.8355. Section 7.3. It may make such contracts as are necessary to effectuate the purposes of this Agreement. It is specifically anticipated that the Collaborative will contract with SHeRPA to provide administrative services to the Collaborative. Section 7.4. It may employ such other persons as it deems necessary to accomplish its powers and responsibilities. Persons may be employed on a full-time, part-time or consulting basis, as the Board determines. Section 7.5. It may apply for and receive financial support in the form of grants from any organization or agency in order to accomplish its purposes and may enter into the agreements necessary to obtain the support. Section 7.6. It may invest and reinvest funds not needed for current operating expenses, if any, in the manner applicable by law to statutory cities. The Collaborative may not incur obligations in excess of funds available to it. CAH128825 RC145-327 5 ~I Section 7.7. It must make a financial accounting and report to the parties at least once each year. Its books and records shall be available and open to examination to authorized representatives of the parties at all reasonable times. Section 7.8. It may secure insurance to protect the Collaborative, the Board, the officers and employees of the Collaborative and the members in such form and amount as deemed necessary by the Board. Section 7.9. It shall establish policies and procedures with respect to the creation, collection, maintenance, and dissemination of government data, as may be required by applicable federal and state law. Section 7.10. It may exercise any other power necessary and convenient to the implementation of its powers and duties under the provisions of this Agreement. Section 7.11. The Collaborative will not discriminate on the basis of sex, race, creed, national origin, color, religion, age, or disability, and will conform to all applicable State and Federal laws and regulations, including without limitation the Americans with Disabilities Act, 42 U.S.C. §12101, et seq., and the Individuals with Disabilities Education Act, 20 U.S.C. § 1400. VIII. OFFICERS Section 8.1. The officers of the Board are a chair, a vice-chair, and a secretary-treasurer elected by the Board for a term of one year and until their respective successors are elected and qualify, at the annual meeting. New officers take office at the adjournment of the annual meeting at which they were elected. An officer must be a duly qualified and appointed director. Section 8.2. A vacancy in the office of chair, vice-chair, or secretary-treasurer occurs for any of the reasons for which a vacancy in the office of director occurs. Vacancies in these offices are filled by the Board for the unexpired portion of the term. CAH128825 RC145-327 6 2'L Section 8.3. The chair presides at meetings of the Board. The vice-chair acts as chairman in the absence, disqualification or disability of the chairman. Section 8.4. The secretary-treasurer is responsible for keeping a record of the proceedings of the Board, for custody of funds, for keeping of financial records of the Agency and for such other duties as may be assigned to the secretary-treasurer by the Board. Persons may be employed to perform such services under the supervision and direction of the secretary-treasurer as may be authorized by the Board. The secretary-treasurer must post a fidelity bond or other insurance against loss of Collaborative funds in the amount specified by the Board, the cost of such bond or insurance to be paid by the Board. IX. FINANCIAL MA TIERS Section 9.1. The fiscal year of the Collaborative is the calendar year. Section 9.2. The Board shall establish an accounting fund for the Collaborative (the "FSC Fund"). The FSC fund shall be an integrated fund, which may consist of federal, state, local or private resources, including contributions from the members. Section 9.3. With the exception of SHeRPA, each member must make annually a minimum cash or in-kind contribution of $500.00 to the FSC Fund. SHeRPA's minimum cash or in-kind contribution shall be determined by mUltiplying $500.00 times the number of directors SHeRPA has on the Board. Section 9.4. Collaborative funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by statutory cities. Orders, checks and drafts shall be signed, and other legal instruments shall be executed on behalf of the Collaborative by the chair and secretary-treasurer. Section 9.5. Contracts shall be let and purchases made in conformance with the legal requirements applicable to contracts and purchases of optional Plan B cities and for such purposes 0.11128825 :tC145-327 7 28 the secretary-treasurer shall be deemed to occupy a position equivalent to that of a city manager. Any contract in excess of $10,000.00 must be approved by a two thirds majority of the Board. Section 9.6. The Board (1) is strictly accountable for all funds received and for funds expended by it, (2) must have an annual audit of its books, and (3) must make an annual report of all of its receipts and disbursements to each of the parties. Section 9.7. The Board must formulate a proposed annual budget for the Collaborative and submit it to the parties on or before June 1 of the year preceding the budget year. The budget shall be deemed approved by a party unless, prior to July 1 of that year, the party gives notice in writing to the Collaborative that it does not approve the budget. The budget shall be revised and resubmitted to the parties until it is approved. Final action adopting an annual budget shall be taken by the Board on or before September 1. The parties shall be obligated to pay the amount specified as their contribution in the budget unless that party has withdrawn pursuant to Article X. Section 9.8. Except as authorized by law, no member of the Board or other public officer of the Collaborative who is authorized to take part in any manner in the making of any sale, lease or contract may voluntarily have a personal financial interest in such transaction or personally benefit financially therefrom. X. DURATION AND DISSOLUTION Section 10.1. The Collaborative will exist, and this Agreement is in effect, for an indefinite term until dissolved in accordance with Section 10.3 of this article. Section 10.2. A member may withdraw from the Collaborative effective as of December 31 of any year by filing a written notice with the secretary-treasurer at or prior to the Board's annual meeting in May of such year. However, any member which is a public school district shall comply with Minn. Stat. § 123.35, subd. 19a and notify the Collaborative members of its CAH128825 RC145-327 8 intent to withdraw on or before February 1 of any year, and the withdrawal shall be effective June 30 of the same year. A withdrawing member shall be obligated to pay the Collaborative its budgeted contribution for the year in which the notice of withdrawal is given. The withdrawing party shall continue to be a party to this Agreement until the effective date of such notice of withdrawal. A notice of withdrawal may be rescinded at any time by a member. If a member withdraws before dissolution of the Collaborative, the member will have no claim on the assets of the Collaborative. Section 10.3. The Collaborative must be dissolved whenever the withdrawal of a member reduces total membership in the Collaborative to less than the membership requirements specified in Minn. Stat. § 121.8355. The Collaborative may be dissolved at any time by unanimous vote of all the members of the Board of Directors. Section 10.4. In the event of dissolution, the Board must detennine the measures necessary to effect the dissolution and provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this Agreement. Upon dissolution of the Collaborative all remaining assets of the Collaborative, after payment of obligations, must be distributed among the then existing members in proportion to their respective contributions. If there have been no contributions by any party, surplus monies of the Collaborative shall, upon termination of the Collaborative, shall be returned to the parties in equal shares. The Collaborative will continue to exist after dissolution for the period, no longer than six months, necessary to wind up its affairs but for no other purpose. CAH128825 RC145-327 9 IN WITNESS WHEREOF, the undersigned governmental unit or private entity has caused this Agreement to be executed by its duly authorized officers and delivered on its behalf. Dated: ________ , 199_ Filed in the office of the ______ , 199_. CAH12882S RC14S-327 10 By ______________________ __ It:s..s ____________ _ By ________________________ __ It:s..s _____________ _ of _____ _ this ___ day of CITY COUNCIL AGENDA SECTION: Consent DATE: November 18, 1997 DEPARTMENT: ITEM DESCRIPTION: ITEM NO: IV.H; Community Development Edenvale Townhouse Agreements Chris Enger/David Lindahl REQUESTED COUNCIL ACTION: Adopt resolutions authorizing the Mayor and City Manager to execute the following agreements related to the financing of the Edenvale Family Townhouse Project: • Initial and Cooperation Agreements between the City and the Minneapolis Public Housing Authority (MPHA). • Grant Agreement between the City and the Metropolitan Council. All three agreements were reviewed by the City Attorney's office. BACKGROUND: As you may recall, the Edenvale Townhouse project is being financed through several public sources and agencies including the Metropolitan Council ($300,000 grant), and the Minneapolis Public Housing Authority ($538,000 for 5 Public Housing Units). Each agency contributing funds to the project requires an agreement between the City and/or developer. The purpose of each agreement is as follows: • Initial Agreement (City & MPHA) This agreement defines the relationship between the City and the MPHA regarding the construction and ownership of the five Public Housing units. MPHA will be handling all the administrative responsibilities (waiting lists, reports to HUD, etc.) associated with these units on behalf of the City. MPHA will manage a waiting list for three of the five units and will select MPLS residents from their list. The other two units will be occupied from people selected locally from a waiting list managed by the City and/or developer. • Cooperation Agreement (City & MPHA) This agreement deals primarily with property tax issues. Since the five Public Housing units are exempt from paying local property taxes, the MPHA will make payments in lieu of taxes (PILOT) for services received from the City. This amount is calculated per a formula outlined in the agreement. • Grant Agreement (City and Metro Council) The Metro Council is providing a $300,000 grant to the project. The agreement outlines provisions regarding the grant disbursement, accounting and audit procedures, reporting requirements, matching requirements, and others. The City is obligated to match, dollar for dollar, the total grant amount of $300,000, which it is with its CDBG and TIF contributions (about $600,000 over 15 years). SUPPORTING INFORMATION: Resolutions & Agreements h\wperfect\housing\edenvale\agree.97 I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. __ RESOLUTION AUTHORIZING EXECUTION OF THE COOPERATION AGREEMENT AND THE INITIAL AGREEMENT BETWEEN THE MINNEAPOLIS PUBLIC HOUSING AUTHORITY AND THE CITY OF EDEN PRAIRIE WHEREAS, the Minneapolis Public Housing Authority in and for the City of Minneapolis (the "MPHA") holds an Annual Contributions Contract ("MPHA ACC") from the United States Department of Housing and Urban Project ("HUD") for funding the capital and operating costs of low rent public housing units and projects throughout the Minneapolis-St. Paul Twin Cities metropolitan area pursuant to a certain consent decree entered in United States District Court (the "Consent Decree"); WHEREAS, the MPHA has established the Metropolitan Housing Opportunity Program ("MHOP") pursuant to which it will cooperate with suburban counties and municipalities in the construction and operation of qualified housing units (the "MHOP Units"); WHEREAS, the Peter Andrea Company on behalf of a low income housing tax credit partnership to be formed (the "Owner"), has applied to the MPHA to locate five (5) MPHOP Units in a 32-unit multifamily housing development to be known as Edenvale (the "Development") to be located within the City of Eden Prairie, Minnesota (the "City"); WHEREAS, the MPHA and the City wish to enter into a joint powers agreement governing their respective roles and responsibilities with respect to the MHOP Units; WHEREAS, as part of the funding of the MHOP Units, HUD requires that the City agree, pursuant to the authority granted the City by Minnesota Statutes § 469.040, to exempt the MHOP Units from property taxation in consideration of agreement by the MPHA to subject said units to payments in lieu of taxes; WHEREAS, the vehicle for approving such tax treatment is a Cooperation Agreement between the MPHA and City; WHEREAS, the MPHA and the City and the Owner have agreed to cooperate in the location of five MHOP Units in Edenvale; and WHEREAS, the vehicle for defining the relationship between the MPHA and the City with respect to the planning, construction, ownership and operation of the MHOP Units is the Initial Agreement between the MPHA and the City; 2. NOW, THEREFORE, BE IT RESOLVED: 1. The Cooperation Agreement and Initial Agreement are approved substantially in the form submitted and the City is authorized to enter into said Agreements. 2. The Initial Agreement and Cooperation Agreement are directed to be executed in the name and on behalf of the City by the Mayor and City Manager. In the absence of the Mayor or City Manager, the documents authorized by this Resolution may be executed by the Acting Mayor or designee of the City Manager, respectively. 3. The approvals hereby given to the documents referred to above include approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City's counsel and the officials authorized herein to execute such documents prior to their execution; and said officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms thereof. 4. The Resolution shall take effect immediately Passed by the City Council this __ day of ________ -', 1997. Dr. Jean Harris, Mayor Attest ----------------------------------John D. Frane, City Finance Director/Clerk rfrleplresolulilcooperat.agr EXECUTION COPY 11103/97 INITIAL AGREEMENT THIS AGREEMENT, made this day of ) 1997 by and between the Minneapolis Public Housing Authority in and for the City of Minneapolis, a public body corporate and politic (the "MPHA") and the City of Eden Prairie, a municipal corporation (the "City") is entered into pursuant to Minnesota Statutes, § 471.59, 469.012, subds. 1(11) and 3. WHEREAS, the MPHA has entered into an Annual Contributions Contract (" ACC") with the United States Department of Housing and Urban Development ("HUD") for funding the capital and operating costs of low rent public housing units and projects throughout the Minneapolis-St. Paul metropolitan area; and WHEREAS, the MPHA has established the Metropolitan Housing Opportunities Program ("MHOPII) pursuant to which it will cooperate with suburban municipalities in the construction and operation of qualified housing units (the "MHOP Units"); and WHEREAS, the City is negotiating with Peter Andrea Company (the "Developer") for, among other things, the development of a 32-unit multifamily rental housing project to be known as the Edenvale Development ("Edenvale") and to be owned by a tax credit partnership known as ______ (the "Partnership"); and WHEREAS, the MPHA, the City and the Developer have agreed to cooperate in the location of 5 MHOP Units in Edenvale; and WHEREAS, the purpose of this Agreement is to define the relationship of the MPHA and City with respect to the planning, construction, ownership and operation of the MHOP Units and as such shall constitute ajoint powers agreement pursuant to Minnesota Statutes, §471.59. NOW, THEREFORE, it is agreed by the parties hereto as follows: I. PROPOSAL. The MPHA will prepare and submit to HUD a proposal for development funds in the amount of $500,000 and ongoing operating subsidy under the ACC for the construction and operation of3 replacement units and 2 incentive unit ofMHOP housing. A. All required Edenvale information provided to the City by the Developer or Partnership, including financial pro formas and design and construction documents, will be delivered by the City to the MPHA. B. Final document preparation, including initial operating budgets, and conformity with federal regulations and HUD requirements will be the responsibility of the MPHA. D:'MNNI 25101 2IDOCSIINITIAI .. DOC TNTTIAL AGREEMENT MPHAICITY OF EDEN PRAIRIE EDENVALEDEVELOP~ C. The MPHA shall be responsible for administering the processing of the Proposal and obtaining its approval by HUD. D. The City shall be responsible for all liaison with the Metropolitan Council and the Minnesota Housing Finance Agency with respect to all other funding affecting Edenvale. E. The City will provide to the MPHA a copy of the City's affirmative action plan and the MPHA will provide the City with a copy of the current MPH A plan. The parties will make reasonable efforts to coordinate the substance and implementation of these plans in the development and operation of the MHOP Units. F. The MPHA will monitor the application of federal Davis-Bacon wage requirements which shall apply to the development of Edenvale provided that the Housing Development Agreement between the MPHA and the Partnership shall require the Partnership and construction contractors to provide the MPHA such information as it may reasonably require in order to meet its obligation hereunder. II. DEVELOPMENT. The MPHA shall enter into a Housing Development Agreement with the Partnership which will: A. Establish the design and construction specifications of the MHOP Units; B. Confirm the amenities to be provided within and around Edenvale; C. Provide that the level of MHOP funding for Edenvale will equal certified construction costs (pro rata based on bedroom size); D. Provide that the operating subsidy reserve fund be drawn upon in the event operating subsidies paid by the MPHA are inadequate to pay the difference between MHOP Unit income and expenses, as defined below; E. Provide for the draw-down of public housing development funds on a pro rata basis with other Edenvale funding sources; F. Establish a system by which the MHOP units within Edenvale will not be physically identified, but rather will "float" throughout the development depending upon vacancies and availability; G. IdentifY the system for construction inspections, cost certifications and development audits; H. Require execution by the Partnership of the Regulatory and Operating Agreement and a Declaration of Restrictive Covenants creating a covenant running with the land obligating the Partnership, as owner of Edt:mvale, and all successors in interest to maintain and operate the MHOP Units in compliance with all D:\MNN 1250 12\OOCS'JNITIAI..DOC 2 INITIAL AGREEMENT MPHAiCITY OF EDEN PRAIRIE EDENV ALE DEVELOPMENT applicable requirements of Section 5 of the United States Housing Act of 1937 and the ACC; and I. Require the recording of the Declaration of Restrictive Covenants as a restrictive covenant against the Edenvale property. III. MANAGEMENT. The Regulatory and Operating Agreement shall provide that -:--_______ . (the "Manager") shall manage all the units at Edenvale, including the MHOP Units and: A. shall comply with all federal law, regulations and policies and the ACC. B. shall provide the MPHA and/or HUD with access-to all books and records maintained by the manager or managers with respect to the MHOP Units. C. shall be subject to tennination and replacement as to the entire Edenvale development if it is detennined by the MPHA, subject to appropriate judicial review by any court of competent jurisdiction, that the Manager. or any successor has materially violated, breached, or failed to comply with any provision of federal law, regulation, policy, or the ACC. D. shall receive from the MPHA and the City the names of persons and families that have incomes at or below the public housing income limits and who meet the income and waiting list criteria for admission into the MHOP Units and shall carry out such administrative functions as (but not limited to) applicant interviews and screening, verifications, detennination of suitability for admission, unit assignment, execution of leases, tenninations and evictions. IV. WAITING LIST MANAGEMENT. The MPHA shall maintain the waiting lists for those applying for housing in the both the incentive and replacement MHOP Units using applicable federal, MHOP and local priorities. Applicants for the three (3) replacement MHOP Units will be selected from a MHOP waiting list based upon the following priorities: A. First, to families displaced by the demolition of Minneapolis public housing units pursuant to that certain Consent Decree entered in settlement of Hollman et al. vs. Cisneros et ai., U.S.D.C. (Minn. Dist., 4th Div.) Civil Case No. 4-92-712. B. Second, to families on the MPHA waiting and transfer lists who live in minority or poverty concentrated areas in the metropolitan area. C. Third, to families on the MPHA waiting list. This will include all families wishing to participate in MHOP, including both Minneapolis waiting list families and applicants from Eden Prairie. The MPHA will automatically piace all applicants from Eden Prairie on its waiting list, thus making both Minneapolis and Eden Prairie residents equally eligible for this priority. D:\MNN 12510 12IDOCSIINITIAI .. DOC 3 INITIAL AGREEMENT MPHAICITY OF EDEN PRAIRIE EDENV ALE DEVELOPMENT The Manager, will have complete control over the selection of residents, so long as the MHOP priorities and all federal and state laws are followed. The MPHA will promptly and continuously refer all Minneapolis applicants for the replacement MHOP Units to the Manager. If the referral system results in no eligible and suitable tenant with Consent Decree priorities, the unit can be filled with other applicants on the waiting list. The City and the MPHA shaIl provide HUD a certification, in the form attached hereto as Exhibit A, certifying that its waiting list procedures will conform with applicable law and regulations. v. POST CONSTRUCTION DUTIES. As a part of the HUD close-out requirements with respect to the MHOP Units, the following responsibilities will be assigned: A. The MPH A shall designate the End of the Initial Operating Period ("EIOP") and shall coordinate the inclusion of the MHOP Units in the MPHA Annual Operating Budget. B. Within 12 months ofEIOP, the MPHA shall gather information and provide HUD with the Actual Development Cost Certificate ("ADCC"). C. The MPHA shall be responsible for the preparation of an audit by an independent public accountant as a part of its submission of the ADCC. The City shall provide such information as is in its possession or can be reasonably obtained in order to assist the MPHA with such audit. D. The MPHA shall monitor the Partnership procedures and results in screening applicants provided from the waiting lists and report the results thereof to HUD as may be requested or required. VI. T AX CERTIFICATIONS The MPHA shaIl annuaIly certify to the appropriate assessing officials the number of MHOP units located within Edenvale, pursuant to Minnesota Statutes, Section 469.040, subdivision 4. VII. OPERA TING SUBSIDY. Under the ACC, HUD contracts to provide an operating subsidy to the MPHA for all units subject to the ACC, which will include these MHOP Units. It is therefore necessary to establish a methodology by which the MPHA will pay operating subsidy to the Partnership, as owner of the MHOP Units. That system, to be described more fully in a Regulatory and Operating Agreement between the MPHA and the Partnership, will be generally as follows: A. As used in this Section VII, the folIowing terms shaII have the following meanings: 1. "Allowed Project Expenses" means all necessary and reasonable operating expenses of Edenvale for any period, including: D:IMNN 1 ~5'O 12' DOCS' INITIAI .. OOC 4 INITIAl. AGREEMENT MPHAICITY OF EDEN PRAIRIE EDENVAI.E DEVELOPMENT (a) all ordinary and necessary expenses of operations of Edenvale shown as line items on Form HUD-92547-A (Budget Worksheet), exclusive of real estate taxes and debt service requirements of any lender and exclusive of utility expenses which are the direct responsibility of tenants; provided, however, that if the Partnership shall be required to borrow funds for repairs, replacements or improvements not funded from a Edenvale reserve fund for replacements, debt service requirements for any such borrowing approved by the MPHA (which approval shall not unreasonably be withheld) shall be included in Allowed Project Expenses; provided, further, that MHOP Unit Expenses (as hereinafter defined) shall be reduced by any amounts contributed by the MPHA, on a grant basis, for repairs, replacements or improvements.; (b) management fees payable pursuant to the Management Agreement; (c) legal expenses associated with the operation of Edenvale as well as accounting and audit expenses, including tax return preparation expenses, permitted to be charged as project expenses pursuant to HUD Handbook 4370.2 REV -I, Financial Operations and Accounting Procedures for Insured Multifamily Projects, or any successor thereto; and (d) reserves for replacements and for any other purposes, as required by any lender and approved by the MPHA. 2. "MHOP Percentage" shall mean the higher of (i) the number of MHOP Units, divided by the total number of units at Edenvale, or (ii) the net rentable square feet of the MHOP Units (assuming 2 two-bedroom units and 3 three-bedroom units), divided by the net rentable square feet of all units at Edenvale. 3. "MHOP Unit Expenses" shall mean (A) Allowed Project Expenses, multiplied by the MHOP Percentage, plus (B) the payment in lieu of real estate taxes made in respect of the MHOP Units, if any, plus (C) amounts paid to MHOP Unit occupants as utility reimbursement (Le., "negative rent"); provided, however, that if any line item expense shall be included in Estimated MHOP Unit Expenses on the basis of a percentage other than the MHOP Percentage pursuant to the second sentence of Section VII B (1) hereof, such expense shall be included in MHOP Unit Expenses on the basis of the same percentage; 4. "MHOP Unit Income" shall mean all income received in respect ofMHOP Units, including tenant rents ("Tenant Rent" as defined in 24 CFR § 913.102) and any other sources of income received in respect of MHOP Units, including all types of revenue shown as line items on Form HUD 92547-A, but exclusive of operating subsidy. D:IMNNI 25101 2IDOCSIINITIAL.DOC 5 1NT1lAL AGREEMENT MPHA/CITY OF EDEN PRAIRIE EDENV ALE DEVELOPMENT 5. "Estimated Allowed Project Expenses," "Estimated MHOP Unit Expenses," and "Estimated MHOP Unit Income" shall mean the estimated amounts of such items for any period determined in accordance with subsection (B) hereof. B. Not later than 90 days prior to the anticipated Date of Full Availability ("DOF A") for occupancy of any unit of Edenvale, and not later than 150 days before the first day of any subsequent MPHA Fiscal Year, the Partnership shall prepare and submit to the MPHA a proposed operating budget for the following MPHA Fiscal Year (or, in the case of the year in which DOFA occurs, the remainder thereof) ("Operating Budget"). The Operating Budget shall project Estimated Allowed Project Expenses, Estimated MHOP Unit Expenses, and Estimated MHOP Unit Income for the subject period, subject to the following conditions: I. Estimated Allowed Project Expenses shall be as reasonably estimated by the Partnership. The MPH A may comment upon and propose changes to the Estimated Allowed Project Expenses as provided by the Partnership and set forth in the Operating Budget submitted to the MPHA, but the Partnership shall not be required to reduce any estimated expense below Edenvale development-wide amount for such expenditure reasonably anticipated by the Partnership for the period. However, the portion of any line item within the Estimated Allowed Project Expenses included in Estimated MHOP Unit Expenses shall be altered from the MHOP Percentage if the MPHA demonstrates satisfactorily that allocation of such item to the MHOP Units on the basis of the MHOP Percentage is inappropriate (e.g., marketing and advertising costs, if such relate solely or preponderantly to the non MHOP units). 2. Until the completion of initial rent-up of the MHOP Units, Estimated MHOP Unit Income shall be determined on the basis of assumed tenant rent collections for each unit size equal to the average tenant rent collections for all units of comparable size owned and administered by the MPHA in the most recent annual or semiannual period for which such statistics are available at the time of the Partnership's submission of the Operating Budget for such period to the MPHA For each subsequent MPHA Fiscal Year, Estimated MHOP Unit Income shall be determined on the basis of the aggregate tenant rents actually collected for all MHOP Units during the first six months of the preceding MPHA Fiscal Year. Notwithstanding the foregoing, with respect to any MPHA Fiscal Year, the MPHA may agree to project Estimated MHOP Unit Income at a level different from that which would otherwise be established pursuant to the preceding sentence, taking into account (a) the reasonably anticipated level of incomes of tenants anticipated to be admitted to the MHOP Units during such period, based on anticipated turnover and the admissions policies, and (b) reasonably anticipated increases in income levels of D:\MNN 125.0 12\DOCS\INITIAI .. DOC 6 INITIAL AGREEMENT MPHAICITY OF EDEN PRAIRIE EDENVALE DEVELOPMENT existing tenants based on tenant participation in employment training and other supportive services programs. C. During each MPHA Fiscal Year commencing with the first MPHA Fiscal Year after DOF A, and subject to any limitations arising from application of Section 20 ( e) of the Act and operation of the Development Operating Subsidy Cap, the MPHA shall pay to the Partnership an amount equal to (1) Estimated MHOP Unit Expenses for such period, less (2) Estimated MHOP Unit Income for the period (the "Operating Subsidy Requirement"). The MPHA shall pay to the Partnership, on the first day of each month of an MPHA Fiscal Year, one-twelfth (1112) of the Operating Subsidy Requirement for such MPH A Fiscal Year; provided, however, that the Partnership and the MPHA may agree, upon determination of the Operating Budget and Operating Subsidy Requirement for any MPHA Fiscal Year, to provide for unequal monthly payments for such year. VIII. RESERVE FUND. As described more fully in a Regulatory and Operating Agreement between the MPHA and the Partnership, an operating reserve will be created by the Partnership from its funds. The reserve will equal three years' estimated operating subsidy for the MHOP Units, but will be allowed to grow through interest earnings and certain operating subsidy reimbursements, if any. Shortfalls, either because of the recalculation of three years' estimated operating subsidy or because of necessary withdrawal from the reserve may be made up by the MPHA, but it is not obligated to do so. IX. ADMINISTRATIVE COSTS. The MPHA and City shall each bear the costs associated with their respective obligations and responsibilities described herein or otherwise related to the construction and operation of the MHOP Units .. x. TERMINATION AND/OR ASSIGNMENT A. In the event the City wishes to terminate this Agreement it may do so as follows: I. Ninety (90) days' notice of its intention to terminate shall be served upon the MPHA by the City in writing; 2. The City shall assume and undertake all of the obligations and responsibilities of the MPHA as set forth in all written agreements relating to Edenvale between the MPHA, on the one hand, and the City, the Developer, the Partnership, the MHF A, HUD or any other contracting party, on the other; 3. The City shall become the contracting party with HUD with respect to the annual contributions contract governing the construction and operation of Edenvale; 4. HUD shall consent in writing to such termination; and D:\MNN 125\0 1 2\DOCS\INITIAL.DOC 7 10 INlllAL AGREEMENT MPHAICITY OF EDEN PRAIRIE EDENVALEDEVELOPMENT 5. The MPHA shall be released from all future liability arising from and responsibility for the ongoing construction or operation of Eden vale. B. In the event the City and the Metropolitan Council agree that the Metropolitan Council will undertake the responsibilities and obligations of the MPHA with respect to Edenvale, and provided that the Metropolitan Council fulfills the conditions described in paragraph XA 1 through 5, above, the MPHA shall assign to the Metropolitan Council all of the agreements to which it is a party as they may relate to the constructio~ or operation of Edenvale. C. All agreements executed by the MPHA with respect to Edenvale shall provide for the eventualities described in this paragraph X. XI. MISCELLANEOUS. A. No member, official, or employee of the MPHA or City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is, directly or indirectly, interested. No member, official, or employee of the MPHA or City shall be personally liable to a party to this Agreement, or any successor in interest, in the event of any default or breach by any party or for any amount which may become due a party or successor or on any obligations under the terms of this Agreement. B. The parties hereto, for themselves and their successors and assigns, agree that during the term of this Agreement they will comply with all affirmative action and non-discrimination requirements of applicable federal, state or local laws or regulations. C. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. D. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and 1 . in the case of the MPHA, is addressed to or delivered personally to the MPHA at 1001 North Washington Avenue, Minneapolis, MN 55401, Attention: Executive Director; and 2. in the case of the City, is addressed to or delivered personally to the City at 8080 Mitchell Road, Eden Prairie, MN 55344-2230, Attention: City Clerk, D:IMNN 125 ,0 12\DOCSlINITIAL.DOC 8 1/ INITIAL AGREEMENT MPHA/CITY OF EDEN PRAIRIE EDENVALE DEVELOPMENT or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. E. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the MPHA has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the City has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. O:\MNNI2S\OI2'OOCS\INITIAI .. DOC 9 I;). INlllAL AGREEMENT MPHAlCTTY OF EDEN PRAIRIE EDENVALEDEVELOPMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) MINNEAPOLIS PUBLIC HOUSING AUTHORITY IN AND FOR THE CITY OF MINNEAPOLIS By __________________________ _ Richard Brustad Its Chairman By __________________________ _ Cora McCorvey Its Executive Director On this ___ day of , 19_, before me, a notary public, personally appeared Richard Brustad and Cora McCorvey, the Chairman and Executive Director, respectively, of the Minneapolis Public Housing Authority in and for the City of Minneapolis, a public body corporate and politic under the laws of the State of Minnesota (the "MPHA"), named in the foregoing instrument and acknowledged said instrument on behalf of the MPHA. Notary Public D:\MNN12S\012\DOCSIINITIAI •. OOC INITIAL AGREEMENT MPHA·crTY OF EDEN PRAIRIE EDENVALE DEVELOPMENT EXECUTION PAGE STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) THE CITY OF EDEN PRAIRIE, MINNESOTA By ______________________ __ Its ___________ _ By _______________________ __ Its ___________ _ On this ___ day of , 19 __ , before me, a notary public, personally appeared _ ___________ and , the ________ _ and , respectively, of the City of Eden Prairie, a public body corporate and politic under the laws of the State of Minnesota (the "City"), named in the foregoing instrument and acknowledged said instrument on behalf of the City. D:'MNN 12510 12IDOCSIINITIAL. DOC I~ Notary Public INITIAL AGREEMENT MPHA/CITY OF EDEN PRAIRIE EDENV ALE DEVELOPMENT EXECUTION PAGE EXHIBIT A Waiting List Certification D:\MNN 1 2S\O 1 2\DOCS\lNITIAI •. DOC A-I It] INITIAL AGREEMENT MPHA/CITV OF EDEN PRAIRIE EDENVALEDEVELOPMENT EXECUTION COpy 10/27/97 COOPERATION AGREEMENT This Agreement made and entered into this . day of , 199_, by and between the Minneapolis Public Housing Authority in and for the City of Minneapolis (the "Authority") and the City of Eden Prairie, State of Minnesota (the "Municipality"). WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Whenever used in this Agreement: (a) The term "MHOP Units" means five (5) units of low-rent housing hereafter to be developed with the financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (the "Government") and located within a thirty-two (32) unit apartment development (the "Development") to be owned by a low income housing tax credit partnership ("Owner") and located at the intersection of Valleyview and Mitchell Roads in the City of Eden Prairie, Minnesota. (b) The term "Taxing Body" or "Taxing Bodies" means the State of Minnesota and any and all political subdivisions or taxing units thereof in which the MHOP Units are situated and which would have authority to assess or levy real or personal property taxes, or to certify such taxes to a taxing body or public officer, to be levied for its use and benefit with respect to the MHOP Units if they was not exempt from such taxation. (c) The term "Shelter Rent" means the total of all charges to all MHOP Unit tenants for dwelling rents and nondwelling rents (excluding all other income of the MHOP Units) less the cost of all dwelling and nondwelling utilities. 2. The Authority shall endeavor: 3. (a) to secure a contract with the Government for capital grants and annual contributions for the MHOP Units; and (b) to cause to be developed and provide for the administration of the MHOP Units. (a) Pursuant to Minnesota Statutes, Section 469.040, the MHOP Units are exempt from all real and personal property taxes levied or imposed by any Taxing Body for so long as either (i) the MHOP Units are owned by a public body or governmental agency and are used for low-rent housing purposes, (ii) the MHOP Units are subject to the requirements of Section 5 of the United States Housing Act of 1937, (iii) the contract between the Authority and the Owner in connection with the MHOP Units D:\MNNI2S\O 12\DOCS\COOP.DOC COOPERA nON AGREEMENT MPHAICITY OF EDEN PRAIRIE EDENV ALE DEVELOPMENT /~ continues to obligate the Owner to operate the MHOP Units as a low income housing project, or (iv) any obligations issued in connection with the MHOP Units or any moneys due to the Government in connection with such MHOP Units remain unpaid, whichever period is the longest (the "Exemption Period"). (b) During the Exemption Period, the Municipality, on behalf of the Taxing Bodies, agrees that it will not levy or impose any real or personal property taxes upon the MHOP Units or upon the Authority with respect thereto. Because the MHOP Units consists offive (5) units located within and under common private ownership with 27 additional housing units which comprise the Development, the property tax taxes and property tax exemption shall be determined as follows: (i) the tax capacity of the total Development shall be multiplied by a fraction, the numerator of which equals the total number of MHOP Units and the denominator of which equals the total number of housing units in the Development and (ii) ·the product thereof shall be deducted from said tax capacity. (c) During the Exemption Period, the Authority shall make, or cause to be made, annual payments in lieu of taxes ("PILOT") in payment for the public services and facilities furnished from time to time without other cost or charge for or with respect to the MHOP Units. Each PILOT shall be made at the time when real property taxes on the MHOP Units would be paid if it was subject to taxation, and shall be in an amount equal to either (i) five percent (5%) of the Shelter Rent actually collected but in no event to exceed five percent (5%) of the Shelter Rent charged with respect to such MHOP Units during the preceding calendar year, or (ii) the amount permitted to be paid by applicable State law in effect on the date such payment is made. (d) Pursuant to Minnesota Statutes, Section 469.040, subdivision 3, the County shall distribute the PILOT among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the MHOP Units were not exempt from taxation; provided, however, that no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the MHOP Units were not exempt from taxation. (e) In the event the PILOT is not paid, no lien against the MHOP Units or assets of the Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the Exemption Period, the Municipality, or other appropriate Taxing Body, without cost or charge to the Authority or tenants of the MHOP Units (other than PILOT) shall: (a) Furnish or cause to be furnished to the MHOP Units public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of the MHOP Units as may be necessary in the development thereof, and convey without charge to the Authority or Owner of the MHOP Units such interest as the Municipality, or other Taxing Body D:\MNN 125\0 12\OOCS\COOP.OOC 2 n COOPERA nON AGREEMENT MPHA/CITV OF EDEN PRAIRIE EDENV ALE DEVE1.0PMENT may have in such vacated areas; and, in so far as it is lawfully able to do so without cost or expense to the Authority, the Owner of the MHOP Units or to the Municipality or other Taxing Body, cause to be removed from such vacated areas, in so far as it may be necessary, all public or private utility lines and equipment; (c) In so far as the Municipality or other Taxing Body may lawfully do so, (i) grant such deviations from the building code of the Municipality or other Taxing Body as are reasonable and necessary to promote economy and efficiency in the development and administration of the MHOP Units, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of the MHOP Units as are reasonable and necessary for the development and protection of the MHOP Units and the surrounding territory; (d) Accept grants of easements necessary for the development of the MHOP Units; and (e) Cooperate with the Authority by such other lawful action or ways as the Municipality or other Taxing Body and the Authority may find necessary in connection with the development and administration of the MHOP Units. 5. In the initial development of the MHOP Units, the Municipality further agrees, on behalf of all Taxing Bodies, that within a reasonable time after receipt of a written request therefor from the Authority: (a) that it will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of the Development, together with all storm and sanitary sewer mains in such dedicated areas, after the Owner of the MHOP Units, at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality or other Taxing Body; (b) that it will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding the Developments as are necessary to provide adequate access thereto (in consideration whereof the Owner shall pay to the Municipality or other Taxing Body such amount as are or could be assessed against the Development); and (c) that it will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to the Development and serving the bounding streets thereof (in consideration whereof the Owner of the MHOP Units shall pay to the Municipality or other Taxing Body such amount as are or could be assessed against the Development). 6. Ifby reason of the Municipality's or other Taxing Body's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or cause to be furnished to the Authority, the Owner or tenants of the MHOP Units, the Authority or the Owner of the MHOP Units incurs any expense to obtain such services or facilities, then the Authority may cause to be deducted the amount of such expense from any PILOTS due or to become due to the Municipality or other Taxing Body in respect to the MHOP Units. D:\MNN 125\0 12\DOCS\COOP.DOC 3 IZ COOPERATION AGREEMENT MPHAICITY OF EDEN PRAIRIE EDENVALE DEVELOPMENT 7. No Cooperation Agreement heretofore entered into between the Municipality and the Authority shall be construed to apply to any MHOP Units covered by this Agreement. 8. No member of the governing body or any other public official of the Municipality or other Taxing Body who exercises any responsibilities or functions with respect to the MHOP Units during hislher tenure or for one year thereafter shall have any interest, direct or indirect, in the MHOP Units or any property included or planned to be included in the MHOP Units, or any contracts in connection with the MHOP Units or property. If any such governing body member or such other public official of a Taxing Body involuntarily acquires or had acquired prior to the beginning of hislher tenure any such interest, he/she shall immediately disclose such interest to the Authority. 9. During the Exemption Period this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the Municipality and other Taxing Bodies hereunder shall also remain in full force and effect with respect to each MHOP Units so long as the beneficial title to such MHOP Units is held by the Authority or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or administration of low-rent housing projects. If at any time the beneficial title to, or possession of, any MHOP Units is held by such other public body or governmental agency, including the Government, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including the Government. IN WITNESS WHEREOF the Municipality and the Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. D:\MNN 125\0 12\DOCS\COOP.DOC 4 MINNEAPOLIS PUBLIC HOUSING AUTHORITY IN AND FOR THE CITY OF MINNEAPOLIS By __________________________ _ Its ___________ __ Andby ______________________ _ Its ____________ _ COOPERA nON AGREEMENT MPHA/CITY OF EDEN PRAIRIE EDF.NV ALE DEVELOPMENT This Document Drafted by: Holmes & Galey, Ltd. 1200 One Financial Plaza 120 South Sixth Street Minneapolis, MN 55402 612-288-9300 612-288-9400 (Fax) D:IMNNI2SIO 12IDOCSICooP.DOC 5 CITY OF EDEN PRAIRIE, MINNESOTA By __ ' ________________________ _ Its, ____________ _ Andby _______ ----------------Its ____________ _ COOPERATION AGREEMENT MPHAlC1TY OF EDEN PRAIRIE EDENV ALE DEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. __ RESOLUTION AUTHORIZING EXECUTION OF THE GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF EDEN PRAIRIE UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT LOCAL HOUSING INCENTIVES ACCOUNT WHEREAS, Minnesota Statutes § 473.251 creates the Metropolitan Livable Communities Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Development Guide adopted by the Council; WHEREAS, Minnesota Statutes § § 473.251 and 473.254 establish within the Metropolitan Livable Communities Fund a Local Housing Incentives Account and require the Metropolitan Council to annually distribute funds in the account to participating municipalities that have not met their affordable and life-cycle housing goals, as determined by the Metropolitan Council, and are actively funding projects designed to help meet the goals; WHEREAS, the City is a "municipality" as defined in Minnesota Statutes § 473.254, Subd. 6 which has negotiated affordable and life-cycle housing goals pursuant to Minnesota Statutes § 473.254, Subd. 2 and has elected to participate in the Local Housing Incentives Account program; WHEREAS, the City represents that it has not yet met its affordable and life-cycle housing goals as determined by the Metropolitan Council and is actively funding projects designed to help meet the goals; WHEREAS, the City agrees to provide the grant funds made available under this agreement to help fund the Edenvale development project identified in the application for Local Housing Incentives Account funds submitted by the Peter Andrea Company in response to a Super Request for Proposals for multi-family housing funds issued in January 1997 by the Metropolitan Housing Implementation Group; and WHEREAS, at its May 22, 1997 regular meeting, the Metropolitan Council awarded Local Housing Incentives Account funds to two affordable housing projects, including the Edenvale development project located within the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED: 1. The Grant Agreement is approved substantially in the form submitted and the City is authorized to enter into said Agreement. 2. The Grant Agreement is directed to be executed in the name and on behalf of the City by the Mayor and City Manager. In the absence of the Mayor or City Manager, the document authorized by this Resolution may be executed by the Acting Mayor or designee of the City Manager, respectively. 3. The approvals hereby given to the document referred to above include approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City's counsel and the officials authorized herein to execute such document prior to its execution; and said officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms thereof. 4. The Resolution shall take effect immediately Passed by the City Council this __ day of ________ -', 1997. Dr. Jean Harris, Mayor Attest'--______________ _ John D. Frane, City Finance Director/Clerk rfr\ep\resoluti\grant.agr 22-. Grant No. SG-97-97 METROPOLITAN LIVABLE COMMUNITIES ACT LOCAL HOUSING INCENTIVES ACCOUNT GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council ("Council") and the City of Eden Prairie ("Grantee"). WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Development Guide adopted by the Council; and WHEREAS, Minnesota Statutes sections 473.251 and 473.254 establish within the Metropolitan Livable Communities Fund a Local Housing Incentives Account and require the Council to annually distribute funds in the account to participating municipalities that have not met their affordable and life-cycle housing goals, as determined by the Council, and are actively funding projects designed to help meet the goals; and WHEREAS, the Grantee is a "municipality" as defined in Minnesota Statutes section 473.254, subdivision 6 which has negotiated affordable and life-cycle housing goals pursuant to Minnesota Statutes section 473.254, subdivision 2 and has elected to participate in the Local Housing Incentives Account program; and WHEREAS, the Grantee represents that it has not yet met its affordable and life-cycle housing goals as determined by the Council and is actively funding projects designed to help meet the goals; and WHEREAS, the Grantee agrees to provide the grant funds made available under this agreement to help fund the Edenvale development project identified in the application for Local Housing Incentives Account funds submitted by the Peter Andrea Company in response to a Super Request for Proposals for multi-family housing funds issued in January 1997 by the Metropolitan Housing Implementation Group; and WHEREAS, at its May 22, 1997 regular meeting, the Council awarded Local Housing Incentives Account funds to two affordable housing projects, including the Edenvale development project located within the City of Eden Prairie. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this agreement, the Grantee and the Council agree as follows: Page 1 of 6 Pages 13/ I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. (a) "Metropolitan Area" means the seven-county metropolitan area as defined by Minnesota Statutes section 473.121, subdivision 2. (b) "Municipality" means a statutory or home rule charter city or town in the Metropolitan Area. (c) "Participating Municipality" means a Municipality electing to participate in the Local Housing Incentives Account program under Minnesota Statutes section 473.254. II. GRANT FUNDS 2.01 Total Grant Amount. The Council will grant to the Grantee a total sum of $300,000.00 which shall be funds from the Local Housing Incentives Account of the Metropolitan Livable Communities Fund. Notwithstanding any other provision of this agreement, the Grantee understands and agrees that any reduction or termination of Local Housing Incentives Account funds made available to the Council, or any reduction or termination of the dollar-for-dollar match amount required under paragraph 2.02, may result in a like reduction to the Grantee. 2.02 Match, Requirement. Pursuant to Minnesota Statutes section 473.254, subdivision 6, the Grantee shall match on a dollar-for-dollar basis the total grant amount received from the Council under paragraph 2.01. The source and amount of the dollar-for-dollar match shall be identified by the Grantee in the report(s) required under paragraph 3.03. 2.03 Authorized Use of Grant Funds. The total grant amount made available to the Grantee under this agreement shall be used only for the purposes and activities described in the application for Local Housing Incentives Account funds. A copy of the project activity and budget provisions of the application which identify eligible uses of the grant funds are attached to and incorporated into this agreement as Attachment A. If the provisions of the application are inconsistent with other provisions of this agreement the other provisions of this agreement shall take precedence over the provisions of the application. Grant funds must be used for purposes consistent with Minnesota Statutes section 473.25(a), in a Participating Municipality. Grant funds must be used for costs directly associated with the specific proposed activities and are intended to be used for "hard costs" rather than "soft costs" such as: administrative overhead; activities prior to the start of the grant project; travel expenses; legal fees; permits, licenses or authorization fees; costs associated with preparing other grant proposals; operating expenses; planning costs, including comprehensive planning costs; and prorated lease and salary costs. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee or others in the implementation or performance of the project activities described in Attachment A. The Grantee agrees to remit to the Council in a prompt manner: any unspent grant funds; any grant funds which are not used for the authorized purposes specified in this paragraph; any grant funds that are not matched on a dollar-for-dollar basis as required by paragraph 2.02; and any interest earnings described in paragraph 2.06 which are not used for the purposes of implementing the project activities described in Attachment A. Page 2 of 6 Pages ~~ 2.04 Budget Variance. A variance of ten percent (10%) in the amounts allocated to various eligible uses identified in Attachment A shall be considered acceptable without further documentation or Council approval. Budget variances exceeding ten percent (10%) may require approval of the governing body of the Metropolitan Council. Notwithstanding the aggregate or net effect of any variances, the Council's obligation to provide grant funds under this agreement shall not exceed the maximum grant amount specified in paragraph 2.01 ofthis agreement. 2.05 Disbursement Schedule. The Council will disburse the grant funds to the Grantee in accordance with the grant fund disbursement schedule contained in Attachment B, which is incorporated into and made a part of this agreement. The Council will make disbursements only upon receipt of a written disbursement request from the Grantee's authorized agent or representative. 2.06 Interest Earnings. If the Grantee earns any interest or other income from the grant funds received from the Council under this agreement, the Grantee will use the interest earnings or income only for the purposes of implementing the project activities described in Attachment A. 2.07 Effect of Grant Issuance of this grant neither implies any Council responsibility for contamination, if any, at the project site nor imposes any obligation on the Council to participate in any pollution cleanup ofthe project site if such cleanup is undertaken or required. III. ACCOUNTING, AUDIT AND REPORT REQUIREMENTS 3.01 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts and records relating to the receipt and expenditure of all grant funds received from the Council. Notwithstanding the expiration and termination provisions of paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of three (3) years following the completion of the project activities described in Attachment A or three (3) years following the expenditure of the grant funds, whichever occurs earlier. For all expenditures of grant funds received pursuant to this agreement, the Grantee will keep proper financial records including invoices, contracts, receipts, vouchers and other appropriate documents sufficient to evidence in proper detail the nature and propriety of the expenditure. The Grantee also will keep proper financial records and other appropriate documents sufficient to evidence the nature and expenditure of the dollar-for-dollar match funds required under paragraph 2.02. Accounting methods shall be in accordance with generally accepted accounting principles. 3.02 Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee are audited and may be audited or inspected on the Grantee's premises or otherwise by individuals or organizations designated and authorized by the Council at any time, following reasonable notification to the Grantee, for a period of three (3) years following the completion of the project activities described in Attachment A or three (3) years following the expenditure of the grant funds, whichever occurs earlier. 3.03 Report Requirements. The Grantee will provide to the Council one or more written reports which report on the status of the project activities described in Attachment A, the expenditures of the grant funds, and the source and expenditure of the dollar-for-dollar match funds required under paragraph 2.02. The reporting schedule and the content of the written report(s) are identified in Attachment C, which is incorporated into and made a part of this agreement. Page 3 of 6 Pages ')5 3.04 Environmental Site Assessment. The Grantee represents that a Phase I Environmental Site Assessment or other environmental review has been or will be carried out, if such environmental assessment or review is appropriate for the scope and nature of the project activities funded by this grant, and that any environmental issues have been or will be adequately addressed. IV. AGREEMENT TERM 4.01 Term. This agreement is effective upon execution of the agreement by the Council. Unless terminated pursuant to paragraph 4.02, this agreement will expire upon completion of the project activities described in Attachment A or following the expenditure of all grant funds by the Grantee, whichever occurs earlier. 4.02 Termination. This agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this agreement and any amendments of this agreement. If this agreement is terminated, the Grantee shall receive payment on a pro rata basis for project activities described in Attachment A that have been completed. Termination of this agreement does not alter the Council's authority to recover grant funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any grant funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this agreement and the applicable provisions of the Metropolitan Livable Communities Act, the Council may take any action to protect the Council's interests and may refuse to disburse additional grant funds and may require the Grantee to return all or part of the grant funds already disbursed. 4.03 Amendments. The Council and the Grantee may amend this agreement by mutual agreement. Amendments, changes or modifications of this agreement shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. V. GENERAL PROVISIONS 5.01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation or age and will take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. 5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with all applicable state statutory and regulatory conflict of interest laws and provisions. 5.03 Liability. Subject to the limitations provided in Minnesota Statutes chapter 466, to the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the project activities funded by this grant. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as Page 4 of6 Pages ~6 amended, 42 U.S.C. sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. sections 6901 et seq. This obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the tennination of this agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any imm1,ll1ities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 5.04 Acknowledgments. The Grantee shall acknowledge the financial assistance provided by the Council and the State of Minnesota in promotional materials, press releases, reports and publications relating to the project activities described in Attachment A which are funded in whole or in part with the grant funds. The acknowledgment should contain the following, or similar, language: This project was financed in part with funds provided by the Metropolitan Council through the Local Housing Incentives Account of the Metropolitan Livable Communities Fund. 5.05 Permits, Bonds and Approvals. The Council assumes no responsibility for obtaining any applicable local, state or federal licenses, pennits, bonds, authorizations or approvals necessary to perfonn or complete the project activities described in Attachment A. 5.06 Contractors and Subcontractors. The Grantee shall include in any contract or subcontract for project activities appropriate contract provisions to ensure contractor and subcontractor compliance with all applicable state and federal laws. Along with such provisions, the Grantee shall require that contractors and subcontractors perfonning work covered by this grant comply with all applicable state and federal Occupational Safety and Health Act regulations. 5.07 Attachments. The following are attached to this agreement and are incorporated into and made a part of this agreement: (a) Attachment A -Project activity and budget provisions of the application for Local Housing Incentives Account funds (b) Attachment B -Grant Fund Disbursement Schedule (c) Attachment C -Written Report Submission Schedule 5.08 Warranty of Legal Capacity. The individuals signing this agreement on behalf of the Grantee and on behalf of the Council represent and warrant on the Grantee's and the Council's behalf respectively that the individuals are duly authorized to execute this agreement on the Grantee's and the Council's behalf respectively and that this agreement constitutes the Grantee's and the Council's valid, binding and enforceable agreements. IN WITNESS WHEREOF, the Grantee and the Council have caused this agreement to be executed by their duly authorized representatives. This agreement is effective on the date of final execution by the Council. Page 5 of 6 Pages ~1 Approved as to form: Associate General Counsel METROPOLITAN COUNCIL By _____________ _ Date Thomas C. McElveen, Deputy Director Community Development Division CITY OF EDEN PRAIRIE By _____________ _ Dr. Jean Harris, Mayor Date By _____________ _ Carl J. Jullie, City Manager Date Me 10/97 Page 6 of 6 Pages :J..~j ATTACHMENT A APPLICATION FOR LOCAL HOUSING INCENTIVES ACCOUNT FUNDS This attachment comprises pages A-I through A-_ and incorporates the Grantee's application for Local Housing Incentives Account grant funds contained in a Minnesota Housing Finance Agency Multifamily Deferred LoanIGrant Application form which was submitted in response to a Super Request for Proposals for multifamily housing funds issued in January 1997. ATTACHMENT B GRANT FUND DISBURSEMENT SCHEDULE The total grant amount specified in paragraph 2.01 of this agreement shall be disbursed to the Grantee for uses consistent with this agreement according to the following schedule: The Council will disburse grant funds in response to written disbursement requests submitted by the Grantee and reviewed and approved by the Council. Written disbursement requests shall indicate the project activity funded by this agreement, the contractor(s)/vendor(s) to be paid, the time period within which the project activity was or will be performed. Disbursements prior to the performance of a project activity will be subject to terms and conditions mutually agreed to by the Council's authorized agent and the Grantee. Individual disbursement requests should specify the project or activity to be funded and identify dollar amounts by project or activity. Subject to verification of a written disbursement request and approval for consistency with this agreement, the Council will disburse a requested amount to the Grantee within two (2) weeks after receipt of a written disbursement request. 00 ATTACHMENT C WRITTEN REPORTS AND SUBMISSION SCHEDULE Beginning three (3) months after the Grantee initially receives grant funds, the Grantee shall submit to the Council written quarterly reports which shall contain at least the following elements: • A summary description of the grant funds received and expended to date, including a description of the purposes or uses for which the grant funds were expended, and an itemized list of all project costs and sources of funds used to cover the project costs. • A summary of the required dollar-for-dollar match funds expended to date. The summary must identify the source and amount of the match funds required under paragraph 2.02 of this contract and describe the purposes or uses for which the match funds were expended. • A statement identifying expected grant and match fund expenditures within the next quarter. The Grantee's final written report shall be submitted within two (2) months following the expenditure of all grant funds by the Grantee and must: include a summary description of the project assisted with the grant funds; contain a certification by the Grantee's chief financial officer that all grant funds and match funds have been expended in accordance with this agreement and the provisions of the Metropolitan Livable Communities Act; identify the final number of households served by the project; identify the final number of unit sizes and rent ranges, and include a statement describing in reasonable detail how the project helped the Participating Municipality within which the project is located meet the negotiated affordable and life-cycle housing goals established with the Council. AUTHORIZED AGENT The Council's authorized agent for the purposes of administering this agreement is Linda Milashius or another designated Council employee. The written report(s) submitted to the Council shall be directed to the attention of the Council's authorized agent at the following address: Metropolitan Council Mears Park Centre 230 East Fifth Street St. Paul, Minnesota 55101-1634 ~I' EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11-18-97 SECTION: PUBLIC HEARINGS ITEM NO. V. A . DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger OK SPA AND SALON Scott A. Kipp Requested Council Action: The Staff recommends that the Council take the following action: 1. Close the Public Hearing; 2. Adopt the Resolution for Comprehensive Guide Plan Change from Office to Regional Commercial on 1.82 acres; 3. Approve 1st Reading of the Ordinance for Zoning District Change from Rural to C-Reg-Ser on 1.82 acres; 4. Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations (and Council conditions). Background: The proponent is requesting a change to the Comprehensive Guide Plan from Office to Regional Commercial. This change will not have a negative impact on the site or community. Tree loss is 33%, which is lower than the average for commercial or office developments. The building is 7,881 square feet, with a small base area ratio of9%. The C-Reg-Ser zoning district permits up to a 20% base area ratio and a 40% floor area ratio. The plans have been revised based on the recommendations ofthe Staff Report. Planning Commission Recommendation: The Commission recommended approval of the project with a 6-0 vote. Parks, Recreation, and Natural Resources Commission: The Commission recommended approval of the project with a 6-0 vote. Supporting Reports: 1. Resolution for Comprehensive Guide Plan Change 2. Staff Report dated 10-24-97 3. Planning Commission Minutes dated 10-27-97 I OK SPA AND SALON CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of OK Spa and Salon by Sherri Oeltjenbruns for construction of a 7,881 square foot spa and salon requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: 1.82 acres from Office to Regional Commercial located at the Southwest comer of Valley View Road and Prairie Center Drive. ADOPTED by the City Council of the City of Eden Prairie this 18th day of November, 1997. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk ) -- ST AFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner THROUGH: Michael D. Franzen, City Planner DATE: October 24, 1997 SUBJECT: OK Spa and Salon APPLICANT: Sherri Oeltjenbruns FEE OWNER: Walter Carpenter/The Minneapolis Foundation LOCATION: Southwest comer of Prairie Center Drive and Valley View Road REQUEST: 1. Comprehensive Guide Plan Change from Office to Regional Commercial on 1.82 acres. 2. Zoning District Change from Rural to Commercial Regional Service on 1.82 acres. 3. Site Plan Review on 1.82 acres. • _/\ / 1' ...... ,\ . :.~. ,t?US .. ~, I , I , I , " ') ... " '"" ~,:,}.Y Staff Report OK Spa and Salon October 24, 1997 BACKGROUND The Comprehensive Guide Plan shows this site as Office, with surrounding property to the north and east as Regional Commercial, and to the south and west as Office. The site is currently zoned Rural. COMPREHENSIVE GUIDE PLAN CHANGE The proponent is requesting a Comprehensive Guide Plan change from Office to Regional Commercial on 1.82 acres for development of a spa and salon facility. There must be compelling reasons for changing the Comprehensive Guide Plan. As part of this discussion, the Commission should consider the following questions: 1. Does the change in the Comprehensive Guide Plan change the balance ofland uses in the community? No. Changing the Comprehensive Guide Plan would add 1.82 acres of commercial land use to the community. This small amount of acreage will not have an affect on the balance of land use within the City. 2. Will the change in the Comprehensive Guide Plan be compatible with surrounding land uses? Yes. The Comprehensive Guide Plan shows surrounding land uses to the north and east as Regional Commercial, and as Office to the south and west. Either land use would be considered appropriate. The site is within the Major Center Area and located at the intersection of Prairie Center Drive and Valley View Road, where the other comers of this intersection will be develop as Regional Commercial uses. 3. Is there a traffic impact on the adjoining road system. No. Based on the size of the site, traffic impacts will be minimal for either land use. The current road design capacity can accommodate the traffic from this site. Due to the close proximity of the intersection, the site will be limited to a right-in, right-out driveway. 4. How does the Comprehensive Guide Plan impact the site's natural features. The proposed commercial use is 7,881 sq. ft., provides 42 parking spaces, and preserves 67% of the existing significant trees on site. If the property were developed to the maximum allowed by either office or commercial standards, greater site impacts and tree Staff Report OK Spa and Salon October 24, 1997 loss would occur. 5. Does the development plan as proposed meet City code requirements. Yes. The proposal meets City Codes. SITE PLAN The proposal is to rezone the 1.82 acre site from Rural to Commercial Regional Service. and construct a 7,881 sq. ft. spa and salon. The base area ratio is 0.09 and the floor area ratio is 0.10. The C-Reg-Ser zoning district permits up to a 0.20 base area ratio and a 0.40 floor area ratio. Total parking required for the C-Reg-Ser district is 63 spaces. The spa and salon use will not need this amount of parking, therefore the plan provides 42 spaces, with the remaining spaces shown as proof of parking. For protection of additional significant trees, the proponent should revise the proof of parking plan as shown in the attachment prior to City Council review. The building and parking meet all setbacks. Access to the site will be from Prairie Center Drive using a shared right-in, right-out drive with Allstate Insurance. A cross access and maintenance agreement will be required. No access will be permitted along Valley View Road due to the location of the right turn lane to Prairie Center Drive. GRADING AND DRAINAGE The tree inventory shows 683 caliper inches of significant trees on site. Tree loss is 33%. Ifthe proof of parking plan is implemented, tree loss will be 48%. This tree loss is consistent with development in the commercial zoning district. Tree replacement is 98 caliper inches, or 209 caliper inches with the proof of parking. A tree replacement plan has provided meeting code. A NURP pond is proposed with this project. UTILITIES Sewer and water service is available in Prairie Center Drive. LANDSCAPING Berming, landscaping and a short section of wall is proposed for screening the parking. The landscaping and tree replacement plan meets City code requirements for total caliper inches. Staff Report OK Spa and Salon October 24, 1997 Irrigation of the landscaping is proposed. ARCHITECTURE The building meet the exterior material requirements of the C-Reg-Ser zoning district for face brick and glass. All rooftop mechanical equipment will be physically screened with metal panel. An exterior trash enclosure is proposed. This enclosure will need to be constructed of face brick to match the building, and include a roof. All parking lot lighting shall be down cast cut-off shoe box fixtures. ST AFF RECOMMENDATIONS The staff would recommend approval of the Comprehensive Guide Plan Change from Office to Regional Commercial on 1.82 acres, Zoning District Change from Rural Commercial Regional Service on 1.82 acres, and Site Plan Review on 1.82 acres based on plans dated October 24, 1997 and subject to the recommendations of the staff report dated October 24, 1997, and subject to the following conditions: 1. Prior to City Council Review, the proponent shall revise the proof of parking plan as shown in the attachment to protect additional significant trees. 2. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the Watershed District and City Engineer. B. 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. 3. Prior to building permit issuance, the proponent shall: A. Pay the cash park fee. B. Meet with the Fire Marshal to go over fire code requirements. C. Submit samples of exterior building materials for review. 1 Staff Report OK Spa and Salon October 24,1997 D. Submit site lighting details for review. E. Submit a landscaping and screening bond for review. F. Provide a cross access and maintenance agreement for review. - ---=---- '" \ \ \ \ \ \ \ \ I ---~ '\ \ \ \ \ \ n I \' I I PR-OOr OF PA~KIN'i OK SPA ~ ~A/""()N q Planninq Commission Minutes October 27, 1997 B. OK SPA AND SALON by Sherri Oeltjenbruns. Request for Comprehensive Guide Plan Change from Office to Regional Commercial on 1.82 acres, Zoning District Change from Rural to C-Reg-Ser on 1.82 acres and Site Plan review on 1.82 acres. Location: Southwest comer of Valley View Road and Prairie Center Drive. Dave Clark, architect, reviewed the development proposal including the site plan, grading plan, landscaping plan and elevation sketches. He noted they are trying to keep as much of the natural character of the site as possible with as little disruption as possible. A NURP pond will be created at the front of the site along Prairie Center Drive. The low spot for the pond is about 16 feet lower than the building elevation. There will be a shared driveway with Allstate Insurance next door. It's the only location to enter the site but it works very well. The building will be nestled into 25 to 30 feet high trees, which gives it wonderful character, disrupting as few trees as possible. There will be no grading at all on the back third of the site. It will be left natural and will be screened to the industrial behind it. Along the front edge is a ponding area. They will enlarge it and put back the natural grasses. There will be some landscaping across the front with two willow trees that will be large and be the focus statement on the front edge of the property. The other significant thing about the landscaping is they have to screen the cars as much as possible from the city streets. This is a very difficult site to do that because the site dips down eight feet and then goes back up 14 feet to the edge ofthe parking lot. The plan is to take the land up an extra foot or two above the parking lot and create a little retaining wall on the parking lot side, and use a large amount of plant materials on that sloping edge toward the comer to give the screening for the cars. The plan is to use plant materials that are natural to the site. The only place where sod will be used on this site is just a small amount around the entry. This site will be a spa/salon and the idea is people will want to come in and leave the rest of the world behind. For that reason, the front of the building is quite subdued. There are no flashing lights on the front of the building. From the street it's a simple looking structure with a few oddly shaped openings for interest. There is a 12x12 canopy at the front of the building made out of wood with a wood roof. The windows at the front entry will be 10 feet tall, about 20 feet in width in an irregular pattern. The glass will be done in two shades of blue. 5 10 Planning Commission Minutes October 27, 1997 Once inside the salon, there are two sides to it. The spa side is on the south with private rooms for massages and facials. It's the very quiet side of the building. The day room, which opens on the west side, is more public with groups of people at a time having facials or manicures. It will have very large windows facing out toward the deck and hopefully will have tables and chairs on the deck area. The salon is on the north side of the building with very large space. It's been designed after a courtyard with 18 feet tall walls. Habicht was concerned about the right-in, right-out. Clark said there has been concern about that. If this was a retail project, they could never use the site like that. It would have to have a better access with a more immediate access. This is a very designated situation where people make appointments to go. They are there an hour or two a day and leave. It's quite a secluded kind of operation. They don't believe it will effect the traffic. Alexander was concerned about the proof of parking. Kipp said parking for the commercial zoning district for a building of this size would require 63 parking stalls. With the salon use as proposed, 63 stalls will not be necessary, so the remaining 21 will be the proof of parking. The proponent provided more proof of parking than was actually necessary for the site. Staff recommended reducing the amount of proof of parking to meet the 63 spaces required. Clinton was concerned about safety issues regarding the pond because it's very close to Valley View and Prairie Center Drive. Clark said the pond is about eight feet deep and it will be about that when it's finished. There is a little bit of concern for public safety through there but they are trying to keep that as a natural area. If the kids are running through it now, they will run through it later. It generally will not have a lot of water in it. Kipp reviewed the staff report noting the request is to change the guide plan from office use to regional commercial use. The change in guide plan would not have an affect on the balance of the land use because it's a small site. Either office or commercial would be compatible with the surrounding uses. The traffic impact would be similar with either use, especially the right-in, right-out access to the site. The proposal is for a 7800 square foot commercial building preserving 67 percent ofthe existing trees on site. The site does meet all zoning codes. It has a small base area ratio and the floor area ratio is approximately 10 percent which is about half of what the site would permit. 6 /I Planning Commission Minutes October 27, 1997 There are 42 parking stalls provided with proof of parking to 63 to meet the commercial zoning standards. The recommendation is the amount of proof of parking be reduced to reflect 63 spaces. No access will be permitted along Valley View Road due to the location of the right turn lane to Prairie Center Drive. A pond is proposed with the project. The landscaping plan does meet City code. The architecture does meet the percentage of the building materials for the commercial zoning district. Staff recommended approval. Foote was concerned about the limited access to the site and what type of business could this tum into in the future. Kipp said with the limited access, the types of commercial uses would be also limited. Most likely to a small retail center. Restaurants would not be too successful with only a right-in, right-out access. The public hearing was opened. Sandstad expressed concern about how the taller metal portion of the building, was going to look. Clark described the details of the building and noted they want to make a little bit of a statement on that site. Wissner asked where the signage would be. Clark said the signage will be at the entry road using a small pylon type sign and signage on the glass of the door. Foote commented he drives by this site everyday and appreciated the effort to save the trees. MOTION 1: Sandstad moved, seconded by Foote, to close the public hearing. Motion carried 6-0. MOTION 2: Sandstad moved, seconded by Foote, to recommend to the City Council approval of the request of Sherri Oeltjenbruns for Comprehensive Guide Plan Change from Office to Regional Commercial on 1.82 acres based on plans dated October 24, 1997 and subject to the recommendations ofthe staff report dated October 24, 1997. Motion carried 6-0. MOTION 3: Sandstad moved, seconded by Foote, to recommend to the City Council approval of the request of Sherri Oeltjenbruns for Zoning District Change from Rural to C-Reg-Ser on 1.82 acres based on plans dated October 24, 1997 and subject to the recommendations of the Staff Report dated October 24, 1997. Motion carried 6-0. 7 Planning Commission Minutes October 27, 1997 MOTION 4: Sandstad moved, seconded by Foote, to recommend to the City Council approval of the request of Sherri Oeltjenbruns for Site Plan Review on 1.82 acres based on plans dated October 24, 1997 and subject to the recommendations of the Staff Report dated October 24, 1997. Motion carried 6-0. 8 To: Through: From: Date: Subject: BACKGROUND: Memorandum Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Parks, Recreation and Natural Resources Stuart A. Fm~;~:ager of Parks and Natural Resources October 28, 1997 Supplemental Staff Report to the October 24, 1997 Community Development Staff Report for OK Spa and Salon The proposed development is located on the comer of Prairie Center Drive and Valley View Road. The site is currently zoned Rural. This site has trees remaining on it from the former MN Tree Nursery Growing Range. NATURAL RESOURCE ISSUES: Tree Removal and Landscaping The predominant tree specie on this site is Scotch pine. Being a former growing range for MN Tree explains the monoculture nature of the site. There are a total of64 trees inventoried on the proposed plan that meet the definition of significant trees by City Code. The total number of diameter inches of significant trees on the site is 683. Proposed development improvements to the site would remove 21 trees totaling 225 diameter inches. This represents a 33% loss of significant trees on the site. In addition, proof of parking for commercial zoning district is required that will increase the tree loss from 33% to 48%. Currently, the developer is proposing to only put in parking that would reflect the lower tree loss calculation. However, the staffhas calculated the tree replacement based on the larger removal amount. Tree replacement would be 98 caliper inches as proposed and 209 caliper inches if the additional parking is required. As part of the landscaping plan, the developer is proposing to relocate a number of the existing pine trees. These trees do meet the criteria for replacement plantings' however, ifthe trees die they would have to be replaced with and equal amount of purchased landscape material. The additional plants proposed for the site include maple, birch, ash, popular, aspen, and willow. The proposal is to relocate a number of the conifers on the site in order to utilize these trees. 14 NURP Pond The site utilizes onsite drainage into a NURP pond at the comer of Prairie Center Drive and Valley View Road. Overflow from this pond would enter the existing storm water system located in Valley View Road. City engineering staff are in the process of reviewing the NURP pond calculations and the developer would have to receive approval prior to construction. Sidewalks/Trails Currently, there is an existing 8' trail and a 5' sidewalk on the outer perimeters ofthis project. Staff would recommend that these trails be protected during construction of the building. In addition, side slopes along the Valley View Road trail should include a 2' flat zone prior to the side slope for the NURP pond. There is an proposed sidewalk in the front of the building which does not extend the full length of the parking area. Staff would recommend that the developer consider extending this sidewalk the full length of the parking area for better patron access. RECOMMENDATION: This project was reviewed by the Planning Commission at its October 27, 1997 meeting. It was approved a 6-0 vote based on the staff report by the Senior Planner dated October 24, 1997. Staff would recommend approval of this project by the Parks Recreation and Natural Resources Commission based on the infonnation detailed in the October 24, 1997 Community Development Staff Report and the information contained in this supplemental staffreport. SAF:mdd Spa/Stuart97 II) UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MONDAY, NOVEMBER 3,1997 7:00 P.M. CITY CENTER 8080 MITCHELL ROAD COUNCIL CHAMBERS COMMISSION MEMBERS: Richard Brown, Chair; Frantz Comeille, Claire Hilgeman, Don Jacobson, Vicki Koenig, Glenn Stolar, John Wilson STUDENT MEMBERS: Elizabeth Cook, Stacy Enger COMMISSION STAFF: RobertA. Lambert, Director of Parks, Recreation and Natural Resources; Stuart A. Fox, Manager of Parks and Natural Resources; Laurie Helling, Manager of Recreation Services; Elinda Bahley, Recording Secretary COMMISSION MEMBERS ABSENT: Richard Brown I. ROLLCALL Acting Chair Jacobson called the meeting to order at 7:00 p.m. The Commission welcomed the new student members. II. APPROVAL OF AGENDA MOTION: Wilson moved, seconded by Hilgeman, to approve the agenda as published. Motion carried 6-0. III. APPROYAL OF MINUTES -OCTOBER 6. 1997 MOTION: Wilson moved, seconded by Comeille, to approve the minutes of the October 6, 1997 Eden Prairie Parks, Recreation and Natural Resources Commission as published. Motion carried 6-0. IV. PETITIONS. REOUESTS AND COMMUNICATIONS None. V. DEVELOPMENT PROPOSALS A. OK Spa and Salon do Unapproved Minutes Parks, Recreation and Natural Resources Monday, November 3,1997 Staff referred the Commission to a memo dated October 28, 1997, from Stuart A. Fox, Manager of Parks and Natural Resources, and a staff report dated October 24, 1997, from Michael D. Franzen, City Planner. Dave Clark, architect, reviewed the development proposal including the site plan, grading plan and landscaping plan. This is a 1.8 acre site located on the northwest comer of Prairie Center Drive and Valley View Road. The site will be left as natural as possible with the possibility of a little sod at the entry way. The rear and side yard will be left in natural grasses. The landscaping plan will include trees and plantings that would be native to the site. The parking needs to be screened from the street but it's difficult to get a benn in that location with the large rise. They have chosen to go with sumac and other bushes in the front and to put a small retaining wall in the front portion of the parking. There will be a small Japanese garden at the front door. This is a very small building, only 7500 square feet, and they are only anticipating 30 parking spaces to be used at anyone time but are putting in 43. This meets the requirements for professional services but is well below what is found for commercial. The owner prefers to go with commercial zoning because she thought it suited her use better. City staff has asked them to do proof of parking but the proponent has no plans whatsoever to utilize it. The proof of parking is only so they can meet the requirements of the City code. Fox reviewed the staff report. This site was part of the former Minnesota Tree Growing Area which explains the mono culture of trees in this particular area. In tenns of tree loss, of the 64 trees inventoried on the site that are defined significant under City code, 21 trees would be removed under the current plan. If you consider the proof of parking area that increases the 33 percent tree loss to 48 percent. If this building were sold, additional parking may have to be provided if there was a different type of user, and that's the reason for the definition under the City code for commercial zoning. Based on the calculated loss, there is an increase from 98 caliper inches to 209 caliper inches required with additional proof of parking. This will have to be worked out through the Developer's Agreement in tenns of how that parking goes in there. If it's conditional on putting in additional parking, then it would trigger additional landscaping material. The landscaping plan does have a variety of native type materials and it does meet the required replacement plantings. The NURP pond that's located in the comer overflows from that location and goes into the existing storm draining located in Valley View Road which is channeled into Purgatory Creek. 2 II Unapproved Minutes Parks, Recreation and Natural Resources Monday, November 3,1997 There are existing trails that go around the perimeter of this project. There are an eight-foot trail and'a five-foot sidewalk. Staff recommended those be protected during the construction so the users of the trail could get by. In addition, staff recommended the developer consider extending this sidewalk the full length of the parking area for better patron access. It would also help in tenns of snow removal. This project was reviewed at the Planning Commission meeting on October 27, 1997, and was approved on a 6-0 vote. Jacobson was concerned about the jump from 98 caliper inches to 209 caliper inches. Fox explained the plan currently requires 98 inches. However, if another use were to come in requiring the proof of parking, the tree replacement would jump to 209 caliper inches. The owner would be responsible for additional mitigation because it would be something placed on the Developer's Agreement and would become a condition of that use. Jacobson was also concerned about keeping track of this. Fox said they would need a grading pennit to grade that parking lot so it would be tracked down through the pennit process. Koenig asked if the developer was going to lengthen the sidewalk as recommended by staff. Clark explained why they would not noting that the losses are too great. Fox commented it's not a City requirement but only a circulation note. Koenig was concerned about the transplanting of some of the conifer trees. Clark said they are hoping to do it but it all depends on the size of the tree, it's condition, and the recommendation from the nursery as to whether it can be done. They much prefer to do that because they would get mature trees with great character. Fox noted the way this would be tracked is the developer would have to bond for the total replacement. MOTION: Koenig moved, seconded by Hilgeman, to approve the OK Spa and Salon subject to the Parks and Recreation staff report of October 28, 1997 and the October 24, 1997 Community Development staff report. Motion carried 6-0. VI. OLD BUSINESS A. Miller SprinK (revised Concept Plan) Staff referred the Commission to a memo dated October 21, 1997 from Bob Lambert, Director of Parks, Recreation and Natural Resources. 3 11 DATE: 11118/97 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Public Hearing ITEM NO: v.8, DEPARTMENT: ITEM DESCRIPTION: Vacation 97-07 Engineering Division Vacation of Drainage and Utility Easements over part of Lot 1, Block 1, Menard 7th David Olson Addition Published October 30, 1997 Recommended Action: Staff recommends that the City Council take the following action: 1. Close the public hearing 2. Adopt the resolution vacating the drainage and utility easements located over part of Lot 1, Block 1, Menard 7th Addition Overview: In conjunction with expansion of the Menard's building, the property owner will relocate an existing sanitary sewer and watermain which are presently located within the expansion area. The property owner has requested Vacation of the existing drainage and utility easement and will dedicate a replacement easement over the relocated systems. Supporting Information: Vacation drawings I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER PART OF LOT 1, BLOCK 1 MENARD 7TH ADDmON WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: That part of the 30.00 foot wide drainage and utility easement over Lot 1, Block 1, Menard 7th Addition, Hennepin County, Minnesota, more particularly described as follows: Said easement lies 20.00 feet southwesterly of, and 10.00 feet northeasterly of the following described line: Commencing at the most southerly comer of said Lot 1; thence North 45 degrees 00 minutes 00 seconds West, assumed bearing, and along the southwesterly line of said Lot 1, a distance of 274.20 , feet; thence South 45 degrees 00 minutes 00 seconds West, a distance of 10.00 feet; thence North 45 degrees 00 minutes 00 seconds West, a distance of 51.00 feet; thence North 45 degrees 00 minutes 00 seconds East, a distance of 165.00 feet; thence North 45 degrees 00 minutes 00 seconds West, a distance of 10.00 feet to the point of beginning of the line to be described; thence continue North 45 degrees 00 minutes 00 seconds West, a distance of 295.00 feet and said line terminating. WHEREAS, a public hearing was held on November 18, 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 to the public, therefore should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described 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 November 18, 1997. ATTEST: John D. Frane, City Clerk Jean L. Harris, Mayor SEAL ??:AiR1E -FORi) .. ' ...... , I 'litre TH s,[ NoR .. /-{- Lac A'-'XQ I\J • MAP .. N l 60 60 120 ----SCAU: IN FEET Scale: 1 Inch -60 Feet At£: 97230MSV.OWG S 1997: Proposed easement ---\ \ \ \ Description B L 0 C K RLK -KUWlisoo. Ltd. 8110 Blue Circl. Dr. Suite 1100 lUnDetoAka. MD.. 5$343 (811) t:D-0I7Z J'U: (811) e:D-U03 4 Sketch MENARD, INC ........... DeY 47T1 MeunI Dr!' Eau C .... WIK: ITEM TO BE ADDED TO THE COUNCIL AGENDA AS ITEM V.C. PUBLIC HEARINGS -ISSUANCE OF $6,500,000 BONDS, $4,790,000 OF WHICH ARE MULTIFAMILY HOUSING REVENUE REFUNDING BONDS AND $1,710,000 OF WHICH ARE TAXABLE MULTIFAMILY HOUSING REVENUE BONDS BY THE CITY OF EDEN PRAIRIE, MINNESOTA FOR EDENVALE APARTMENT PROJECT This item was published in the Eden Prairie News on October 30, 1997, as a Public Hearing to be held before the City Council on November 18, 1997. ... _._--J'.~_._ ................ , ..... v, NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS BY THE CITY OF EDEN PRAIRIE, MINNESOTA TO REFUND BONDS ORIGINALLY ISSUED TO REFINANCE A MULTIFAMILY RENTAL HOUSING DEVELOPMENT NOTICE IS HEREBY GIVEN that the City Council of Eden Prairie, Minnesota (the "City") will meet on November 18, 1997, at 7:30 p.m. at the City Hall, 8080 Mitchell Road, in Eden Prairie, Minnesota, to conduct a public hearing on a proposal that the City issue its $4,790,000 Multifamily Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage LoanlEden- vale Apartments Project), Series 1997 A (the "Series A Bonds") and its $1,710,000 Taxable Multifamily Housing Revenue Bonds (GNMA Collateralized Mortgage LoanlEdenvale Apart- ments Project), Series 1997B (the "Series B Bonds") (collectively, the "Bonds") to refund its $5,375,000 Housing Development Revenue Refunding Bonds (Eden vale Apartments Project) Series 1989A (the "Prior Bonds"), to establish reserves and to pay certain costs of issuance of the Bonds pursuant to Minnesota Statutes, chapter 462C, as amended. The Prior Bonds were issued to prepay and redeem the outstanding balance of the $5,500,000 City of Eden Prair:ie, Minnesota Housing Development Note (Eden vale Apartments Project, dated as of August 31, 1982 issued to finance the acquisition, construction and equipping of a 1 74-unit multifamily rental housing development known as Edenvale Apartments located at 13700 Valley View Road in Eden Prairie, Minnesota (the "Project"). At said time and place, the City shall give all parties who appear an opportunity to express their views with respect to the proposal to undertake to refinance the Project. The Bonds shall be limited obligations of the City and the Bonds and interest thereon shall be payable solely from the revenues pledged to the payment thereof, except that such Bonds may be secured by mortgages and other encumbrances on the Project. The Bonds will not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. No holder of any such Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay the Bonds, or the interest thereon, nor to enforce payment against any prop- erty of the City except revenues of the Project pledged to the payment thereof. For information call John Frane at 612/949-8300. THE CITY OF EDEN PRAIRIE, MINNESOTA Public Notices NOTICE OF LOCATION WHEREBALLOTS~LLBE COUNTED INDEPENDENT SCHOOL DISTRICT NO. 272 (EDEN PRAIRIE) STATE OF MINNESOTA NOTICE IS HEREBY GWEN that the election judges for IndependentSchool District No. 272 :ihall count the ballots cast in the School District's November 4, 1997 school board election atthefollowing locations for the precincts specified. Precinct No.1: Eden Prairie High School, 17185 Valley View Road, Eden Prairie, Minnesota Precinct No.2: Oak Point Intermediate School, 13400 Staring Lake Parkway, Eden Prairie, Minnesota Ci ' of Bloomington, Precinct No. 17: Peace Lutheran Church, 8600 East Bush Lake Road, Bloomington, Minnesota Dated: October 6, 1997 . BY ORDER OF TIlE SCHOOL BOARD List the Standard Industrial Code (SIC) that most accurately describes the nature of the business operating under this name: 99. Select one of the 2-digit SIC Codes listed on the reverse side of this form. 5. I certify that I am authorized to sign this certificate and I further certify that I understand that by signing this certificate, I am subject to the penalties as set forth in Minnesota Statutes section 609.48 as if I had signed this certificate under oath Signature: William V. Briody, Jr. Date: 10/09197 (Published in the Eden Prairie News on Thursdays, October 25 and November 6, 1997; No. 9145) STATE OF MINNESOTA SECRETARY OF STATE CERTIFICATE OF ASSUMED NAME Minnesota Statutes Chapter 333 The filing of an assumed name does not cial is designed in such amanner to form a desirable and unified environment within its own boundaries. c. The exceptions to the standard requirements of Chapters ll'and 12 of the City Code that are contained in PUD-33- 97 -Community Commercial are justified by the design of the development de- scribed therein. D. PUD-33-97-CommunityCommer- cial is of sufficient size, composition, and. arrangement thatits construction, marlcet- ing, and operation is feasible as a complete unit without depen :ience upon any subse- . quent unit. Section 5. The plvPOSal is hereby adopted and the land shall be, and hereby is amended within the Community Com- mercial Distrlctand shall be included here- after in the Planned Unit Development33- 97 -Community Commercial, and the legal descriptions of land in each district re- ferred to in City Code Section 11.03, subdivision 1. suboaral!raoh B. ~h,,11 h,. Chang·es bus servi debut M( Southwest Metro 1 troduce a new route ar. services Monday. The new Route 50: the downtowns of Cha hassen, serving neighb( nesses, schools and COl ters along the way. Eden Prairie reside are more likely to take some other service char plemented next week, vice to Minneapolis-St. tional Airport for the fJ That service, availal Prairie Center, will be ac west Metro's current 531 Mall of America, mean hourly between 5:30 a p.m. Monday through J 9().minute intervals Satu day between 8 a.m. and The transit agency i~ ing its circulator route t( ly service Saturdays fre 5:30 p.m. on Route 501 rie, Chanhassen and Ch. cession mostly to seniors Executive Director Len ~ and reducing connecti routes to the Mall of Am and Southdale. Subd. 6 is amended as foUo Subd. 6. Administrati Revocation or Suspension c A. If a licensee or en licensee sells tobacco; as de nesotaStatutes, Section 609. sion I, to a person under t years, or violates any othe . Minnesota Statutes, C: cp:.:. ensee shall be charged an a' penaltyof$75. Anadministr of $200 must be imposed violation at the same locati( months after the initial viol third violation at the same lo( 24 months after the initial administrative penalty of $: imposed, ·and the licensee's sell tobacco at that location pended for not less than sev B. An individual who sef defmed in Minnesota Statl' 609.685, Subdivision I, to a] thp ~(fP nf 1 ~ VP::lIN TnnC't hi CITY OF EDEN PRAIRIE RESOLUTION NO. 97 - RESOLUTION OF THE CITY OF EDEN PRAIRIE, MINNESOTA, PROVIDING FINAL APPROVAL WITH RESPECT TO REFINANCING THE EDENVALE APARTMENTS PROJECT THROUGH THE ISSUANCE, SALE AND DELIVERY OF THE CITY OF EDEN PRAIRIE'S $4,790,000 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (GNMA COLLATERALIZED MORTGAGE LOANIEDENV ALE APARTMENTS PROJECT), SERIES 1997 A (THE "SERIES A BONDS") AND $1,670,000 TAXABLE MULTIFAMILY HOUSING REVENUE BONDS (GNMA COLLATERALIZED MORTGAGE LOANIEDENVALE APARTMENTS PROJECT), SERIES 1997B, WHICH BONDS AND THE INTEREST THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM A FINANCING AGREEMENT; PRESCRIBING THE FORMS OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FINANCING AGREEMENT, AN INDENTURE OF TRUST AND A REGULATORY AGREEMENT; AUTHORIZING ACCEPTANCE OF THE BOND PURCHASE AGREEMENT IN CONNECTION WITH THE BONDS; CONSENTING TO THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND A FORM OF FINAL OFFICIAL STATEMENT AND PROVIDING FOR THE SECURITIES, RIGHTS AND REMEDIES OF THE HOLDERS OF SAID BONDS. WHEREAS, the City of Eden Prairie, Minnesota (the "Issuer"), is a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of the State of Minnesota; and WHEREAS, the Issuer has previously issued its $5,375,000 Housing Development Revenue Refunding Bonds (Edenvale Apartments Project), Series 1989A and its $185,000 Taxable Housing Development Revenue Bonds (Edenvale Apartments Project), Series 1989B (collectively, the "Prior Bonds") to prepay and redeem the outstanding principal balance of the $5,500,000 City of Eden Prairie, Minnesota, Housing Development Revenue Note (Edenvale Apartments Project) issued to finance the construction and equipping of a 174-unit multifamily rental housing development known as Edenvale Apartments and located at 13700 Valley View Road in Eden Prairie, Minnesota (the "Project") owned and operated by Edenvale Company, LLP, a Minnesota limited liability partnership (the "Owner"); and WHEREAS, at least twenty percent (20%) of the units in the Project have been and will continue to be held for occupancy by families or individuals with adjusted gross income not in excess of eighty percent (80%) of the median family income estimated by the United States Department of Housing and Urban Development for the Minneapolis/St. Paul Standard Metropolitan Statistical Area; and WHEREAS, the Owner has requested that the Issuer issue, on or about November 1, 1997, (i) its Series A Bonds for the purposes of refunding the outstanding principal balance of the Series A Prior Bonds and (ii) its Series B Bonds for the purposes of refunding the outstanding principal balance of the Series B Prior Bonds, establishing reserves and paying certain costs of issuance of the Bonds (the Series A Bonds and the Series B Bonds being hereinafter referred to as the "Bonds") and to loan the proceeds thereof to the Owner pursuant to the terms of a Financing Agreement dated as of November 1, 1997 (the "Financing Agreement") between the Issuer and the Owner; and WHEREAS, WMF/Huntoon, Paige Associates Limited (the "Lender"), a Delaware corpc:ation, has issued a commitment to make a mortgage loan (the "Mortgage Loan") to the Owner in the amount of $6,460,000 and will obtain the funds therefor by issuing and delivering to the Trustee on behalf of the Issuer a fully modified mortgage-backed security (the "GNMA Security") guaranteed as to timely payment of principal and interest by the Government National Mortgage Association ("GNMA"), with respect to the Mortgage Loan; and WHEREAS, the Mortgage Loan will be evidenced by a Mortgage Note (the "Note")insured by the Federal Housing Administration (the "FHA") of the United States Department of Housing and Urban Development and repayment of the Note will be secured by a mortgage payable to the Lender (the "Mortgage"); and WHEREAS, the Owner and the FHA will also enter into an FHA Regulatory Agreement (the "FHA Regulatory Agreement") in connection with the Mortgage Loan; and WHEREAS, the Bonds will be issued under a Trust Indenture dated as of November 1, 1997 (the "Indenture") between the Issuer and First Trust National Association, a national banking association in St. Paul, Minnesota, the trustee named therein (the "Trustee"), and payment thereof will be secured by the GNMA Security; and WHEREAS, the Bonds and the interest on the Bonds shall be payable solely from the revenues pledged therefor and the Bonds shall not constitute a debt of the Issuer, within the meaning of any constitutional or statutory limitation or constitute or give rise to a pecuniary JonesS 532483.2 2 (d) The Bond Purchase Agreement; and ( e) The Preliminary Official Statement. Section 3. The forms of the Documents listed above are approved, with such changes therein, not inconsistent with this Resolution and not adverse to the Issuer, as may be permitted by the Act and approved by the officers executing the same on behalf of the Issuer. The Mayor and the City Manager are hereby authorized and directed to execute, attest, and deliver the Financing Agreement, the Indenture, the Regulatory Agreement, and the Bond Purchase Agreement. All of the provisions of the Financing Agreement, the Indenture, the Regulatory Agreement, and the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof The Financing Agreement, the Indenture, and the Bond Purchase Agreement shall be substantially in the forms submitted to the Issuer, with such changes therein not inconsistent with this Resolution and not substantially adverse to the Issuer as may be permitted by the Act and approved by the officers executing the same on behalf of the Issuer. Section 4. The Bonds are special limited obligations of the Issuer payable solely from revenues provided by the GNMA Security, if purchased, and any other funds pledged under this Indenture and not from any other revenues, funds or assets of the Issuer. No covenant, provision, or agreement of the Issuer herein or in the Bonds or in any other document executed by the Issuer in connection with the issuance, sale, and delivery of the Bonds, or any obligation herein or therein imposed upon the Issuer for breach thereof, shall give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers or shall obligate the Issuer financially in any way except with respect to the Financing Agreement and the application of revenues therefrom and the proceeds of the Bonds. No failure of the Issuer to comply with any term, condition, covenant, or agreement therein shall subject the Issuer to liability for any claim for damages, costs, or other financial or pecuniary charges except to the extent that the same can be paid or recovered from the Financing Agreement or revenues therefrom or proceeds of the Bonds. No execution on any claim, demand, cause of action, or judgment shall be levied upon or collected from the general credit, general funds, or taxing powers of the Issuer. In making the agreements, provisions and covenants set forth herein, the Issuer has not obligated itself except with respect to the Financing Agreement and the application of revenues hereunder as hereinabove provided. The Bonds do not now and shall never constitute an indebtedness or a loan of the credit of the Issuer, the State of Minnesota, or any political subdivision thereof or a charge against general taxing powers within the meaning of any constitutional or statutory provision whatsoever. No holder of the Bond shall ever have the right to compel any exercise of the taxing power of the Issuer to pay any of the principal of, or premium, if any, or interest on, the Bonds. The liability of the Issuer is further restricted as provided in Section 474.10 of the Act. Section 5. The Bonds may be issued in book-entry form in accordance with the terms of the Indenture. All Bonds not issued in book-entry form shall be executed by the facsimile IonesS 532483.2 4 , Regulatory Agreement, and the Bond Purchase Agreement, to happen, to exist, and to be performed precedent to and in the adoption of this Resolution and precedent to the issuance of the Bonds and precedent to the execution of the Financing Agreement, the Indenture, the Regulatory Agreement, and the Bond Purchase Agreement have happened, do exist and have been performed as so required by law. Section 13. The Mayor, City Manager, and other officers of the Issuer are hereby authorized and directed to prepare and furnish to Doherty, Rumble and Butler Professional Association, bond counsel, to the Owner, to the Trustee, to the Underwriter, and to counsel for such parties, certified copies of all proceedings and records of the Issuer relating to the Proj ect and the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them. Section 14. Terms not otherwise defined in this Resolution, but defined in the Indenture, shall have the same meanings in this Resolution as provided in the Indenture. Section 15. In the event of any conflict or conflicts between the provisions of this Resolution and of any prior ordinances, resolutions, orders or parts thereof, the provisions of this Resolution shall prevail. Section 16. This Resolution shall be effective immediately upon its adoption. Adopted by the City Council of the City of Eden Prairie, Minnesota, this __ day of November, 1997. Mayor ATTEST: City Clerk JonesS 532483.2 6 CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Finance Checks 57703 to 58079 Wire Transfers 81 To 88 Action/Direction: Approve Payment of Claims Payment of Claims I DATE: 11/18/97 ITEM NO. VI. COUNCIL CHECK SUMMARY 12-NOV-1997 (13:56) DIVISION TOTAL ------------------------------------------------------------------------------------------------------------------------ N/A CONTINGENCY LEGISLATIVE GENERAL SERVICES EMPLOYEE BENEFITS CITY MANAGER 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 CENTER BEACHES HISTORICAL YOUTH RECREATION SPECIAL EVENTS ADULT RECREATION ADAPTIVE REC OAK POINT POOL PUBLIC IMPROV PROJ SPECIAL ASSESSMENTS CITY CENTER SPECIAL REVENUE FUNDS PRAIRIE VILLAGE PRAIRIEVIEW CUB FOODS PRESERVE DEN ROAD BUIDLING TRUST FUNDS WATER DEPT SEWER DEPT STORM DRAINAGE AGENCY FUNDS $8.09 $22,000.00 $600.00 $6,324.88 $9,992.61 $1,784.86 $4,043.52 $192.92 $9,387.75 $40.52 $2,829.38 $7,671.73 $2,116.69 $19,705.23 $4,257.18 $222.04 $31,662.98 $17,661.38 $279.05 $17,394.48 $5,384.48 $7,209.76 $134.00 $1,375.24 $2,882.90 $472.31 $5,232.76 $514.05 $138.45 $661,193.17 $156,579.56 $18,964.06 $2,196.73 $43,609.46 $72,695.10 $96,508.46 $374.00 $1,482.00 $45.00 $66,592.74 $231,878.56 $19,603.75 $1,140.00 $1,554,381.83* COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 57703 57704 57705 57706 57707 57708 57709 57710 57711 57712 57714 57715 57716 57717 57718 57719 57720 57721 57722 57723 57724 57725 57726 57727 57728 57729 57730 57731 57732 57733 57734 57735 57736 57737 57738 57739 57740 57741 57742 57743 57744 57745 57746 57747 57748 57749 57750 57751 57752 57753 57754 57755 57756 57757 57758 $89.00 $116.67 $47.00 $191.72 $47.00 $47.00 $140.28 $19.00 $47.00 $6,432.93 $96.80 $25.00 $314.95 $34.53 $100.00 $68.12 $171.54 $32.92 $5,167.00 $74.56 $35.00 $50.00 $63.90 $2,045.99 $133.40 $233.06 $248.00 $184.50 $2,393.11 $647.73 $460.00 $130.00 $200.00 $122.79 $7,210.50 $27,048.65 $734.13 $5,471.46 $1,316.00 $61,042.80 $717.00 $3,190.50 $35.00 $70.00 $39.15 $3,945.05 $45,277.63 $285.00 $50.00 $72.07 $225.00 $45.00 $39.00 $169.60 $26.00 VENDOR CONLEY, JOYCE CONRAD, SPENCER COWLES, KATHY DALE GREEN COMPANY, THE HOFF, DAVID KNUTSON, DEBRA LAUZIERE, BRENDA LEAGUE OF MINNESOTA CITIES LEVINE, GINO MINNEGASCO PETTY CASH SELCKE, DEBORAH US WEST COMMUNICATIONS WERTS, SANDY ANDERSON, KAREN BACHMANS CREDIT DEPT CAMAS-SHIELY DIVISION COLOR OPTIC DISPLAY SYSTEM JASON-NORTHCO L.P. #1 MANN, TRIA MJOLSNESS, ROBERT RONALD MCDONALD HOUSE SCHUMACHERS INC UNLIMITED SUPPLIES INC KENTUCKY FRIED CHICKEN US POSTMASTER -HOPKINS AARP 55 ALIVE MATURE DRIVING APT, JOE CANADA LIFE ASSURANCE COMPANY CARVER COUNTY COURTHOUSE DEROMA, HERB DNR ENFORCEMENT, FIREARMS SAFE FEDERAL RESERVE BANK OF MPLS FLYING CLOUD ANIMAL HOSPITAL GREAT WEST LIFE AND ANNUITY HEALTHPARTNERS HENNEPIN COUNTY SUPPORT AND I.C.M.A. RETIREMENT TRUCT-457 INTERNATIONAL UNION OF OPERATI MEDICA CHOICE MINN STATE RETIREMENT SYS MINNESOTA MUTUAL LIFE MINNESOTA TEAMSTERS CREDIT UNI MONSRUD, CAROLYN PAPER WAREHOUSE PRUDENTIAL HEALTH CARE GROUP PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT AS RAINBOW FOODS -CHARGES RUSH, GREG SCS UNIVERSITY STORES SMITH, JACKIE UNITED WAY VIETH, MICHEI,E 12-NOV-1997 (13:56) TRAVEL TRAVEL DESCRIPTION RFND KIDS KORNER REPAIR & MAINT SUPPLIES RFND KIDS KORNER RFND KIDS KORNER MILEAGE AND PARKING TRAVEL RFND KIDS KORNER GAS OPERATING SUPPLIES-GENERAL RFND GYMNASTICS COMMUNICATIONS MILEAGE AND PARKING OTHER CONTRACTED SERVICES BLDG REPAIR & MAINT GRAVEL OFFICE SUPPLIES DUES & SUBSCRIPTIONS MILEAGE AND PARKING MOTOR FUELS FACILITIES RENTAL OPERATING SUPPLIES-GENERAL SMALL TOOLS SPECIAL EVENTS FEES POSTAGE SPECIAL EVENTS FEES INSTRUCTOR SERVICE DISABILITY IN EMPLOYERS GARNISHMENT WITHHELD SPECIAL EVENTS FEES INSTRUCTOR SERVICE BOND DEDUCTION CANINE SUPPLIES DEFERRED COMP COBRA COSTS/REV GARNISHMENT WITHHELD DEFERRED COMP UNION DUES WITHHELD COBRA COSTS/REV DEFERRED COMP DEFERRED COMP CREDIT UNION INSTRUCTOR SERVICE OPERATING SUPPLIES-GENERAL LIFE INSURANCE EMPLOYERS PERA WITHHELD LIFE INSURANCE W/H PERA WITHHELD OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL INSTRUCTOR SERVICE UNITED WAY WITHHELD INSTRUCTOR SERVICE POLICE FIRE PROGRAM KIDS KORNER STORM DRAINAGE KIDS KORNER KIDS KORNER TREE DISEASE IN SERVICE TRAINING KIDS KORNER WATER TREATMENT PLANT SR CTR OPERATIONS FALL SKILL DEVELOP GENERAL REC SUPERVISOR ADAPTIVE INTEGRATED FIRE STATION #3 STREET MAINTENANCE GENERAL PRAIRIE VILLAGE LIQUOR #1 ADAPTIVE RECREATION EQUIPMENT MAINTENANCE OUTDOOR CTR PROGRAM REFORESTATION EQUIPMENT MAINTENANCE SENIOR CENTER PROGRAM SENIOR CENTER PROGRAM SENIOR CENTER PROGRAM SENIOR CENTER PROGRAM FD 10 ORG FD 10 ORG SENIOR CENTER PROGRAM OUTDOOR CTR PROGRAM FD 10 ORG POLICE FD 10 ORG BENEFITS FD 10 ORG FD 10 ORG FD 10 ORG BENEFITS FD 10 ORG FD 10 ORG FD 10 ORG OUTDOOR CTR PROGRAM SPECIAL EVENTS/TRIPS FD 10 ORG FD 10 ORG FD 10 ORG FD 10 ORG OUTDOOR CTR PROGRAM SOCIAL HISTORICAL CULTURE SENIOR CENTER PROGRAM FD 10 ORG SENIOR CENTER PROGRAM COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 57759 57760 57761 57762 57763 57764 57765 57766 57767 57768 57769 57770 57771 57772 57773 57774 57775 57776 57777 57778 57779 57780 57781 57782 57783 57786 57789 57794 57796 57801 57803 57807 57808 57809 57810 57811 57812 57813 57814 57815 57816 57817 57818 57819 57820 57821 57822 57823 57824 57825 57826 57827 57829 57830 57831 $800.00 $135.00 $1,500.00 $15.08 $10.00 $149.00 $9,608.74 $666.73 $116.75 $2,916.56 $11.00 $30.00 $237.56 $40.00 $282.59 $607.20 $100.65 $51.12 $1,362.00 $160.00 $516,312.00 $50.00 $125.00 $79.95 $4,377.30 $53,310.96 $34,267.92 $1,110.66 $12,439.42 $4,037.26 $9,458.58 $3,197.17 $73.19 $44.65 $75.00 $1,083.13 $80.00 $158.13 $94.79 $75.00 $61. 68 $465.00 $7.48 $2,007.22 $120.00 $883.86 $1,138.05 $16.00 $18.46 $32.50 $295.00 $2,672.99 $37.20 $14.57 $239.30 VENDOR WEST SUBURBAN COLUMBUS CREDIT WILDER, LOIS COMMISSIONER OF TRANSPORTATION ESTENSON, WAYNE HEGGE, JEROME LAW ADVISTORY GROUP INC 12-NOV-1997 (13:56) DESCRIPTION CREDIT UNION INSTRUCTOR SERVICE RENTALS TRAVEL ACCTS REC-CUSTOMER SCHOOLS MASSACHUSETTS MUTUAL LIFE INSU REPAIR & MAINT SUPPLIES MENARDS OPERATING SUPPLIES-GENERAL SINGERMAN, LOWELL ACCTS REC-CUSTOMER US POSTMASTER POSTAGE AGNESS, TOM OPERATING SUPPLIES-GENERAL ASSOCIATION OF METRO MUNICIPAL TRAVEL BINGHAM, SALLY IMPROVEMENT CONTRACTS BROWN, SUE SCHOOLS GENZ-RYAN MECHANICAL PERMIT KAHLER HOTEL, THE TRAVEL MACA SCHOOLS MIDWEST ASPHALT CORPORATION PATCHING ASPHALT MRPA CONFERENCE NATIONAL RECREATION AND PARK A DUES & SUBSCRIPTIONS SHEEHY CONSTRUCTION COMPANY IN SOUND FORCE DJ SERVICES UNIVERSITY OF MINNESOTA WORDPERFECT MAGAZINE EAGLE WINE COMPANY GRIGGS COOPER & CO JOHNSON BROTHERS LIQUOR CO PAUSTIS & SONS COMPANY PHILLIPS WINE AND SPIRTS INC PRIOR WINE COMPANY QUALITY WINE & SPIRTS CO WORLD CLASS WINES INC CONNEY SAFETY PRODUCTS CUB FOODS EDEN PRAIRIE DUBOIS,JANET LAMBERT, BOB LEAGUE OF MINNESOTA CITIES MCGLYNN BAKERIES PARK SUPPLY INC SCHWEITZER, PAM SENIOR CENTER TREASURY TEKIELA, STAN TEKIELA, STAN ANCHOR PAPER COMPANY BROWN, DORIS CAMAS-SHIELY DIVISION J H LARSON ELECTRICAL COMPANY MEYER, JANET RAINBOW FOODS -CHARGES RICHGRUBER, ROSANNE UNIVERSITY OF ST THOMAS US WEST COMMUNICATIONS BEAULIEU, KATHY BORDER STATES ELECTRIC SUPPLY CEMSTONE DESIGN & CONST EMPLOYEE AWARD CONFERENCE DUES & SUBSCRIPTIONS WINE DOMESTIC MERCHANDISE FOR RESALE WINE DOMESTIC BEER CASES WINE DOMESTIC WINE DOMESTIC BEER CASES WINE IMPORTED TRAINING SUPPLIES POLICE EQUIPMENT INSTRUCTOR SERVICE TRAVEL CONFERENCE TRAVEL EQUIPMENT PARTS INSTRUCTOR SERVICE SR CITIZENS/ADULT PROG FEES INSTRUCTOR SERVICE OPERATING SUPPLIES-GENERAL OFFICE SUPPLIES INSTRUCTOR SERVICE LANDSCAPE MTLS & AG SUPPL BLDG REPAIR & MAINT INSTRUCTOR SERVICE OPERATING SUPPLIES-GENERAL INSTRUCTOR SERVICE CONFERENCE TELEPHONE MILEAGE AND PARKING OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES PROGRAM FD 10 ORG SENIOR CENTER PROGRAM STREET MAINTENANCE IN SERVICE TRAINING WATER DEPT POLICE PRAIRE VIEW LIQUOR #3 OUTDOOR CTR PROGRAM WATER DEPT GENERAL PARK MAINTENANCE IN SERVICE TRAINING 1995 REHAB 56042 FITNESS CLASSES FD 10 ORG IN SERVICE TRAINING POLICE STREET MAINTENANCE IN SERVICE TRAINING IN SERVICE TRAINING PW STORAGE FACILITY HUMAN RESOURCES IN SERVICE TRAINING IN SERVICE TRAINING LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 PRAIRIE VILLAGE LIQUOR #1 LIQUOR STORE CUB FOODS HUMAN RESOURCES POLICE OUTDOOR CTR PROGRAM IN SERVICE TRAINING IN SERVICE TRAINING IN SERVICE TRAINING WATER TREATMENT PLANT OUTDOOR CTR PROGRAM SENIOR CENTER PROGRAM OUTDOOR CTR PROGRAM OUTDOOR CTR PROGRAM POLICE SENIOR CENTER PROGRAM CREEKWOOD PARK EP CITY CTR OPERATING COSTS SENIOR CENTER PROGRAM OUTDOOR CTR PROGRAM SENIOR CENTER PROGRAM IN SERVICE TRAINING POLICE OUTDOOR CTR PROGRAM TRAFFIC SIGNALS STORM DRAINAGE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 57832 57833 57834 57835 57836 57837 57838 57839 57841 57842 57843 57844 57845 57846 57847 57848 57849 57850 57851 57852 57853 57854 57855 57857 57858 57864 57865 57866 57867 57869 57870 57871 57872 57873 57874 57878 57879 57880 57881 57882 57883 57884 57885 57886 57887 57888 57889 57890 57891 57892 57893 57894 57895 57896 57898 $2,630.13 $278.07 $186.62 $15.00 $1,140.00 $74.00 $76.00 $298.11 $180.90 $26.65 $78.50 $22,000.00 $433.06 $140.00 $1,449.67 $959.81 $200.00 $436.67 $543.72 $1,248.84 $111. 44 $7,143.20 $21,207.05 $200.00 $3,079.10 $222.04 $78.12 $297.00 $13,717.99 $167.45 $30.45 $200.00 $23,403.05 $200.00 $350.00 $470.66 $159.75 $891.53 $2,333.32 $71.75 $6.92 $196 .50 $56.40 $181. 68 $4,091. 93 $607.55 $834.95 $85.36 $336.10 $73.09 $776.60 $588.41 $937.13 $1,468.57 $197.03 VENDOR COMMISSIONER OF TRANSPORTATION CORDES, JEFFREY CRACAUER, CLIFF ELWELL, JEFF ENTERTAINMENT PUBLICATIONS INC GROVES, TODD LEAGUE OF MINNESOTA CITIES MARSHALLS FAMILY FARM MARKET PEPSI COLA COMPANY PHILLIPS WINE AND SPIRTS INC RASMUSSON, ANNE SISINNI, TONY MIDWEST COCA COLA BOTTLING COM ALL SAINTS BRANDS DISTRIBUTING BRYAN ROCK PRODUCTS INC* BRYAN ROCK PRODUCTS INC* CASE, RONALD CHANHASSEN BUMPER TO BUMPER CUB FOODS EDEN PRAIRIE DAHLHEIMER DISTRIBUTING COMPAN DAMA-MP INC DAY DISTRIBUTING EAST SIDE BEVERAGE COMPANY ENGER, CHRIS GENUINE PARTS COMPANY KEN ANDERSON TRUCKING LANENBERG, CYNTHIA LASER GRAPHICS MARK VII MERLINS ACE HARDWARE PLANNER PADS THORFINNSON JR, ROSS THORPE DISTRIBUTING TYRA-LUKENS, TRACY US CONFERENCE OF MAYORS, THE A TO Z RENTAL CENTER ACTION STUMP REMOVAL ADT SECURITY SYSTEMS INC ADVANCED ERGONOMICS ALL ABOUT LIGHTS ALTERNATIVE BUSINESS FURNITURE AMERICAN CHAMBER OF COMMERCE P AMERICAN LINEN DIRECT SALES AMERICAN LINEN SUPPLY COMPANY AMOCO OIL COMPANY ANCHOR PRINTING COMPANY APRES ASTLEFORD EQUIPMENT COMPANY IN AVR INC AVW GROUP B & STOOLS BAILEY NURSERIES INC BAUER BUILT TIRE AND BATTERY BELLBOY CORPORATION BENIEK LAWN SERVICE 12-NOV-1997 (13:56) DESCRIPTION BLDG RENTAL MILEAGE AND PARKING MILEAGE AND PARKING REPAIR & MAINT SUPPLIES DEPOSITS SCHOOLS TRAVEL LANDSCAPE MTLS & AG SUPPL MISC TAXABLE BEER 6/12 SCHOOLS OTHER CONTRACTED SERVICES MERCHANDISE FOR RESALE BEER 6/12 GRAVEL IMPROVEMENT CONTRACTS TRAVEL EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL BEER 6/12 OPERATING SUPPLIES-GENERAL BEER 6/12 BEER 6/12 TRAVEL EQUIPMENT PARTS PROFESSIONAL SERVICES MILEAGE AND PARKING REPAIR & MAINT SUPPLIES BEER 6/12 REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL TRAVEL BEER 6/12 TRAVEL CONFERENCE BLDG REPAIR & MAINT CONTRACTED REPAIR & MAINT CONTRACTED BLDG MAINT FURNITURE & FIXTURES CONTRACTED REPAIR & MAINT REPAIR & MAINT SUPPLIES TRAINING SUPPLIES OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES MOTOR FUELS PRINTING EQUIPMENT RENTAL EQUIPMENT PARTS REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES LANDSCAPE MTLS & AG SUPPL EQUIPMENT PARTS MISC TAXABLE OTHER CONTRACTED SERVICES PROGRAM FIRE STATION TREE DISEASE EQUIPMENT MAINTENANCE EPCC MAINTENANCE ESCROW POLICE IN SERVICE TRAINING SENIOR CITIZENS CENTER PRAIRE VIEW LIQUOR #3 PRAIRE VIEW LIQUOR #3 POLICE RESERVE CONCESSIONS LIQUOR STORE CUB FOODS WATER SYSTEM MAINTENANCE TRAILS COUNCIL EQUIPMENT MAINTENANCE FIRE PRAIRIE VILLAGE LIQUOR #1 PW STORAGE FACILITY PRAIRIE VILLAGE LIQUOR #1 PRAIRE VIEW LIQUOR #3 IN SERVICE TRAINING EQUIPMENT MAINTENANCE ANIMAL WARDEN PROJECT FIRE POOL MAINTENANCE PRAIRE VIEW LIQUOR #3 EPCC MAINTENANCE TREE DISEASE COUNCIL LIQUOR STORE CUB FOODS COUNCIL IN SERVICE TRAINING FIRE STATION #2 WATER TREATMENT PLANT PUBLIC WORKS/PARKS SPECIAL EVENTS PRAIRIE VILLAGE LIQUOR #1 EP CITY CTR OPERATING COSTS WATER UTILITY-GENERAL LIQUOR STORE CUB FOODS PRAIRE VIEW LIQUOR #3 EQUIPMENT MAINTENANCE OAK POINT LESSONS SUNBONNET DAYS EQUIPMENT MAINTENANCE STORM DRAINAGE EP CITY CTR OPERATING COSTS WATER TREATMENT PLANT REFORESTATION EQUIPMENT MAINTENANCE PRAIRIE VILLAGE LIQUOR #1 PARK MAINTENANCE , COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 57899 57900 57901 57902 57903 57904 57905 57906 57907 57908 57909 57910 57911 57912 57913 57915 57916 57917 57918 57919 57920 57921 57922 57923 57924 57925 57926 57927 57928 57929 57930 57931 57932 57933 57934 57935 57936 57937 57938 57939 57940 57941 57942 57943 57944 57945 57946 57947 57948 57949 57950 57951 57952 57953 57954 $127.40 $442.35 $273.44 $31,734.82 $24.68 $14.00 $2,073.25 $1,440.00 $109.06 $3,108.00 $2,116.69 $115.21 $64.37 $109.35 $3,842.71 $78.77 $19.95 $72.84 $25.03 $5,396.63 $17,080.00 $1,436.64 $38.02 $1,468.59 $1,722.91 $255.60 $402.57 $10.48 $309.09 $40.00 $10.00 $20.00 $38.89 $288.62 $42,310.89 $2,789.13 $62.50 $3,805.18 $410.00 $495.00 $72.00 $134.87 $3,195.00 $95.79 $398.99 $1,002.50 $286.42 $33.13 $89.30 $233.64 $558.60 $33.49 $2,594.08 $128.00 $487.00 VENDOR BETH AND MORLEY BURNETT BIG BOBS INC BILL CLARK OIL CO INC BLACK & VEATCH BLOOMINGTON LOCK AND SAFE BRANDT, LEE BRAUN INTERTEC CORPORATION BROWN, PAUL BSN SPORTS BURTON EQUIPMENT INC CAPITOL COMMUNICATIONS CARLSON REFRIGERATION CO CARLSON TRACTOR AND EQUIPMENT CATCO CLUTCH & TRANSMISSION SE CENTRAIRE INC CHANHASSEN LAWN AND SPORTS CIGAR AFICIONADO CLAREYS INC CONSTRUCTION MATERIALS INC CONTRACT SERVICE CONTROL SERVICES OF MN COOPERATIVE POWER ASSOC COPY EQUIPMENT INC CUMMINS NORTH CENTRAL INC CUTLER-MAGNER COMPANY DAVEY TREE EXPERT CO, THE DECORATIVE DESIGNS INC DELEGARD TOOL CO DELTA ELECTRO SALES DEPARTMENT OF AGRICULTURE DEPT OF LABOR & INDUSTRY CAIS DEPT OF PUBLIC SAFETY DIRECT SAFETY CO DISPLAY SALES DON RIHN TRANSPORT EARL F ANDERSEN INC EDEN PRAIRIE CHAMBER OF COMMER EDEN PRAIRIE SCHOOL DISTRICT N EDINA, CITY OF 12-NOV-1997 (13:56) DESCRIPTION REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES REPAIR & MAINT SUPPLIES DESIGN & CONST CONTRACTED BLDG REPAIRS OTHER CONTRACTED SERVICES ASPHALT OVERLAY OTHER CONTRACTED SERVICES REC EQUIP & SUPPLIES OTHER EQUIPMENT RADIOS FURNITURE & FIXTURES EQUIPMENT PARTS EQUIPMENT PARTS CONTRACTED BLDG MAINT OPERATING SUPPLIES-GENERAL DUES & SUBSCRIPTIONS OPERATING SUPPLIES-GENERAL IMPROVEMENT CONTRACTS ASPHALT OVERLAY IMPROVEMENT CONTRACTS PRINTING OPERATING SUPPLIES-GENERAL CONTRACTED REPAIR & MAINT CHEMICALS CONTRACTED REPAIR & MAINT RENTALS SMALL TOOLS CONTRACTED REPAIR & MAINT CONST TESTING-SOIL BORING LICENSES & TAXES PREPAID EXPENSES SAFETY SUPPLIES REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES SIGNS ADVERTISING PROFESSIONAL SERVICES CONST TESTING-SOIL BORING EKLUNDS TREE AND BRUSH DISPOSA WASTE DISPOSAL ELLEFSON, EUGENE ELVIN SAFETY SUPPLY INC ESS BROTHERS & SONS INC* FERRELLGAS FIBRCOM FISCHER AGGREGATES INC FISHER SCIENTIFIC FORCE AMERICA FRANKLIN QUEST GENERAL OFFICE PRODUCTS COMPAN GETTMAN COMPANY GINA MARIAS INC GLIDDEN COMPANY GOVERNMENT TRAINING SERVICE GRAYBOW COMMUNICATIONS GROUP OTHER CONTRACTED SERVICES SAFETY SUPPLIES REPAIR & MAINT SUPPLIES MOTOR FUELS COMMUNICATIONS SAND EQUIPMENT PARTS EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL OFFICE SUPPLIES MISC TAXABLE POLICE EQUIPMENT REPAIR & MAINT SUPPLIES CONFERENCE OFFICE SUPPLIES PROGRAM EPCC MAINTENANCE EP CITY CTR OPERATING COSTS WATER TREATMENT PLANT 10 MGD WATER PLANT EXPANSION WATER TREATMENT PLANT SOFTBALL STREET MAINTENANCE SPECIAL EVENTS VOLLEYBALL WATER TREATMENT PLANT CIVIL DEFENSE PRAIRIE VILLAGE LIQUOR #1 EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE FIRE STATION #3 PARK MAINTENANCE LIQUOR STORE CUB FOODS STREET MAINTENANCE TRAILS STREET MAINTENANCE RETROFIT COMMUNITY SERVICES ENGINEERING DEPT EQUIPMENT MAINTENANCE WATER TREATMENT PLANT WATER TREATMENT PLANT EP CITY CTR OPERATING COSTS EQUIPMENT MAINTENANCE POLICE LIME SLUDGE WATER TREATMENT PLANT LIQUOR STORE PVM WATER TREATMENT PLANT FIRE STATION #3 LIME SLUDGE TRAFFIC SIGNS PRAIRIE VILLAGE LIQUOR #1 HOUSING, TRANS, & SOC SVC WATER SYSTEM SAMPLE TREE REMOVAL SOFTBALL SEWER SYSTEM MAINTENANCE WATER SYSTEM MAINTENANCE ICE ARENA POLICE SNOW & ICE CONTROL WATER TREATMENT PLANT EQUIPMENT MAINTENANCE GENERAL BUILDING FACILITIES WATER TREATMENT PLANT LIQUOR STORE CUB FOODS POLICE STREET MAINTENANCE IN SERVICE TRAINING POLICE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 57955 57956 57957 57958 57959 57960 57961 57962 57963 57964 57965 57966 57967 57968 57969 57970 57971 57972 57973 57974 57975 57976 57977 57978 57979 57980 57981 57982 57983 57984 57985 57986 57987 57988 57989 57990 57991 57992 57993 57994 57995 57996 57997 57998 57999 58000 58001 58002 58003 58004 58005 58006 58007 58008 58009 $279.05 $485.00 $901. 50 $18.00 $380.00 $511.29 $23.06 $5,602.72 $6,494.79 $2,539.75 $1,118.25 $297.00 $59.16 $213.00 $415.01 $1,724.88 $126.00 $265.28 $845.00 $612.78 $4,803.15 $349.26 $95.00 $226.85 $82.50 $2,184.20 $71.08 $93.00 $474.13 $82.92 $50.00 $445.20 $1,542.20 $144.00 $3,695.55 $1,429.70 $806.21 $525.38 $1,784.86 $250.00 $1,350.00 $1.50 $185.00 $227,393.00 $3.73 $744.00 $35,073.74 $1,050.00 $1,801.98 $1,124.80 $315.60 $72.00 $185.00 $29.94 $462.21 VENDOR GUNNAR ELECTRIC CO INC HACH COMPANY HANSEN THORP PELLINEN OLSON HEALY, STEVE HENDERSON, JOSH HENNEPIN COUNTY SHERIFF HENNEPIN COUNTY TREASURER HENNEPIN COUNTY TREASURER HENNEPIN CTY TREASURER ATTN D HENNEPIN TECHICAL COLLEGE HERC U LIFT HOLMES, TOM INLAND TRUCK PARTS COMPANY INSTY-PRINTS INTERNATIONAL SUNPRINTS INC JANEX INC JERDE, BRENDA JOSEPH G POLLARD CO INC KENS MEATS INC KNOX BUILDING MATERIALS KUSTOM SIGNALS INC LAB SAFETY SUPPLY INC* LAGERQUIST CORP LAIDLAW ENV SVCS LAKE COUNTRY DOOR LAKE REGION VENDING LAKELAND FORD TRUCK SALES LANO EQUIPMENT INC LEAGUE OF MINNESOTA CITIES INS LESCO INC LETO, LISA LIGHT CYCLE INC MACQUEEN EQUIPMENT INC MANNING, PHILLIP MARS CO MASYS CORPORATION MAXI-PRINT INC MCGILLAN, BJORN ME2 INC MEALS ON WHEELS OF EDEN PRAIRI MEDICINE LAKE TOURS METROPOLITAN AREA AGENCY ON AG METROPOLITAN AREA PROMOTIONS C METROPOLITAN COUNCIL ENVIRONME METROPOLITAN FORD MICHELAN, JOHN MIDWEST ASPHALT CORPORATION MINNEAPOLIS CRISIS NURSERY MINNEAPOLIS EQUIPMENT CO MINNESOTA SUN PUBLICATIONS MINNESOTA VALLEY WHOLESALE MIRACLE RECREATION MN RURAL WATER ASSN MTI DISTRIBUTING CO MUNICILITE 1 12-NOV-1997 (13:56) DESCRIPTION CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL LAND & INTEREST IN LAND OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES BOARD OF PRISONERS SVC WASTE DISPOSAL BOARD OF PRISONERS SVC IMPROVEMENT CONTRACTS LICENSES & TAXES EQUIPMENT RENTAL OTHER CONTRACTED SERVICES EQUIPMENT PARTS OTHER CONTRACTED SERVICES AWARDS CLEANING SUPPLIES OTHER CONTRACTED SERVICES REPAIR & MAINT SUPPLIES OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES PAGERS & RADAR EQUIP SAFETY SUPPLIES CONTRACTED EQUIP REPAIR OTHER CONTRACTED SERVICES CONTRACTED BLDG REPAIRS TOBACCO PRODUCTS EQUIPMENT PARTS EQUIPMENT PARTS INSURANCE CONTRACTED EQUIP REPAIR OTHER CONTRACTED SERVICES WASTE DISPOSAL CONTRACTED REPAIR & MAINT OTHER CONTRACTED SERVICES SAFETY SUPPLIES CONTRACTED COMM MAINT PRINTING OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES PROFESSIONAL SERVICES SPECIAL EVENTS FEES OPERATING SUPPLIES-GENERAL ADVERTISING WASTE DISPOSAL EQUIPMENT PARTS OTHER CONTRACTED SERVICES LANDSCAPE MTLS & AG SUPPL PROFESSIONAL SERVICES EQUIPMENT RENTAL EMPLOYMENT ADVERTISING LANDSCAPE MTLS & AG SUPPL BUILDING MATERIALS DUES & SUBSCRIPTIONS EQUIPMENT PARTS NEW CAR EQUIPMENT PROGRAM STREET LIGHTING WATER TREATMENT PLANT FIRE STATION SOFTBALL BASKETBALL POLICE PARK MAINTENANCE POLICE ROWLAND ROAD FIRE STREET MAINTENANCE VOLLEYBALL EQUIPMENT MAINTENANCE LIQUOR STORE CUB FOODS ICE ARENA FIRE STATION #3 VOLLEYBALL SEWER SYSTEM MAINTENANCE FIRE FIGHTERS PARK MAINTENANCE POLICE WATER TREATMENT PLANT WATER TREATMENT PLANT PARK MAINTENANCE FIRE STATION #3 PRAIRIE VILLAGE LIQUOR #1 EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE GENERAL WATER SYSTEM MAINTENANCE OUTDOOR CTR PROGRAM PW STORAGE FACILITY EQUIPMENT MAINTENANCE VOLLEYBALL WATER TREATMENT PLANT POLICE POLICE LIQUOR STORE CUB FOODS CITY MANAGER HOUSING, TRANS, & SOC SVC ADULT PROGRAM REC SUPERVISOR PRAIRIE VILLAGE LIQUOR #1 SEWER UTILITY-GENERAL EQUIPMENT MAINTENANCE SOFTBALL PARK MAINTENANCE HOUSING, TRANS, & SOC SVC PARK MAINTENANCE HUMAN RESOURCES REFORESTATION HOMEWARD HILLS PARK WATER UTILITY-GENERAL EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 58010 58011 58012 58013 58014 58015 58016 58017 58018 58019 58020 58021 58022 58023 58024 58025 58026 58027 58028 58029 58030 58031 58032 58033 58034 58035 58036 58037 58038 58039 58040 58041 58042 58043 58044 58045 58046 58047 58048 58049 58050 58051 58052 58053 58054 58055 58056 58057 58058 58059 58060 58061 58062 58063 58064 $93.96 $2,279.32 $275.00 $1,836.83 $440.55 $45.71 $21,447.00 $328.94 $406.58 $1,259.38 $86.40 $402.03 $17,800.07 $354.11 $123.11 $115.50 $51. 61 $533.37 $1,064.64 $139.50 $493.74 $566.89 $75.00 $296.74 $115.90 $40.70 $56.92 $30.06 $1,089.00 $3,712.75 $1,500.00 $1,128.77 $527.10 $52.71 $45.96 $72.90 $1,646.97 $134.00 $110.99 $51,802.93 $2,875.50 $2,387.73 $16.06 $1,875.00 $148.76 $254.58 $67.22 $813.10 $174.12 $250.00 $48.50 $1,482.00 $164.99 $7,475.62 $69.72 VENDOR NASCO NATIONWIDE ADVERTISING SERVICE NETS NORTH AMERICAN SALT COMPANY NORTH STAR ICE NORTHERN ODLAND PROTECTIVE COATINGS INC OFFICE OUTFITTERS INC OHLIN SALES OPM INFORMATION SYSTEMS P&H WAREHOUSE SALES INC PEPSI COLA COMPANY PETERSON ENVIRONMENTAL CONSULT PETERSON SEED COMPANY INC PHONES PLUS ... HEADSETS PINNACLE DISTRIBUTING PRAIRIE LAWN AND GARDEN PRAIRIE OFFSET PRINTING PRECISION PAVEMENT MARKING PRINTERS SERVICE INC PROSTAFF QUALITY WASTE CONTROL INC RAMSEY-WASHINGTON METRO WATERS RESPOND SYSTEMS* RICHFIELD, CITY OF ROADRUNNER TRANSPORTATION INC ROGERS SERVICE CO SALLY DISTRIBUTORS SCHULTZ, WILBUR SENIOR COMMUNITY SERVICES SERCO LABORATIES SISINNI FOOD SERVICE SIT, ERIC SMITH & WESSON SNAP-ON TOOLS SNELL MECHANICAL INC SOUTHWEST SUBURBAN PUBLISHING SPECTRUM LABS INC SPORTS WORLD USA INC ST CROIX RECREATION CO INC ST JOSEPH EQUIPMENT INC STANDARD SPRING STAR TRIBUNE STOREFRONT/YOUTH ACTION INC SUBURBAN CHEVROLET GEO THERMOGAS COMPANY TOLL GAS AND WELDING SUPPLY TRUXSTOR, THE TURF SUPPLY COMPANY TWIN CITIES & WESTERN RAILROAD TWIN CITY OXYGEN CO TWIN TREES LAWN SERVICE UNIFORMS UNLIMITED US FILTER/WATERPRO USA WASTE SERVICES INC 12-NOV-1997 (13:56) DESCRIPTION REPAIR & MAINT SUPPLIES EMPLOYMENT ADVERTISING CONTRACTED REPAIR & MAINT SALT MISC TAXABLE REPAIR & MAINT SUPPLIES CONTRACTED REPAIR & MAINT OPERATING SUPPLIES-GENERAL POLICE EQUIPMENT COMPUTERS OPERATING SUPPLIES-GENERAL OPERATING SUPPLIES-GENERAL PROFESSIONAL SERVICES LANDSCAPE MTLS & AG SUPPL OPERATING SUPPLIES-GENERAL TOBACCO PRODUCTS REPAIR & MAINT SUPPLIES PRINTING CONTRACTED STRIPING REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES WASTE DISPOSAL OTHER CONTRACTED SERVICES SAFETY SUPPLIES TRANSPORTATION CONTRACTED REPAIR & MAINT EQUIPMENT PARTS OPERATING SUPPLIES-GENERAL OTHER CONTRACTED SERVICES PROFESSIONAL SERVICES OTHER CONTRACTED SERVICES MISCELLANEOUS INSTRUCTOR SERVICE CONTRACTED REPAIR & MAINT SMALL TOOLS REPAIR & MAINT SUPPLIES EMPLOYMENT ADVERTISING SAFETY SUPPLIES REC EQUIP & SUPPLIES PARK EQUIPMENT IMPROVEMENT CONTRACTS CONTRACTED REPAIR & MAINT MISC NON-TAXABLE PROFESSIONAL SERVICES EQUIPMENT PARTS GAS REPAIR & MAINT SUPPLIES OTHER EQUIPMENT LANDSCAPE MTLS & AG SUPPL RENTALS SAFETY SUPPLIES CONTRACTED BLDG MAINT EQUIPMENT PARTS REPAIR & MAINT SUPPLIES WASTE DISPOSAL PROGRAM WATER SYSTEM MAINTENANCE HUMAN RESOURCES POLICE SNOW & ICE CONTROL PRAIRIE VILLAGE LIQUOR #1 WATER SYSTEM MAINTENANCE HIDDEN PONDS TOWER ATHLETIC COORDINATOR POLICE INSPECTION-ADMIN FLYING CLOUD ATHLETIC FIELDS FIRE WETLAND DATABASE DEVELOPMENT MILLER PARK AQUATICS & FITNESS SUPERV LIQUOR STORE CUB FOODS PARK MAINTENANCE SENIOR CENTER PROGRAM TRAFFIC SIGNS ICE ARENA ADULT PROGRAM FIRE STATION #1 STORM DRAINAGE SEWER UTILITY-GENERAL ADULT PROGRAM EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE SOCIAL SOFTBALL HOUSING, TRANS, & SOC SVC WATER UTILITY-GENERAL IN SERVICE TRAINING FALL SKILL DEVELOP POLICE TRAFFIC SIGNS EPCC MAINTENANCE HUMAN RESOURCES ROUND LAKE-BEACH TOUCH FOOTBALL STARING LK PLSTUCT K20 TRAILS EQUIPMENT MAINTENANCE PRAIRE VIEW LIQUOR #3 HOUSING, TRANS, & SOC SVC EQUIPMENT MAINTENANCE OUTDOOR CENTER-STARING LAKE PARK MAINTENANCE WATER METER REPAIR MILLER PARK Birch Island Watermain Design FIRE den road building WATER METER READING WATER SYSTEM MAINTENANCE HOMEWARD HILLS PARK COUNCIL CHECK REGISTER CHECK NO CHECK AMOUNT 58065 58066 58067 58068 58069 58070 58071 58072 58073 58074 58075 58076 58077 58078 58079 $2,163.00 $506.24 $2,275.90 $1,570.00 $670.70 $23.21 $665.84 $511.95 $35.00 $180.00 $63.87 $201. 77 $6,929.60 $247.22 $639.00 $1,554,381. 83* VENDOR VALLEY RICH CO INC VESSCO INC VIDEO SERVICE OF AMERICA VISIONARY SYSTEMS LTD VWR SCIENTIFIC PRODUCTS W W GRAINGER INC WALMART STORES INC WATER SPECIALITY OF MN INC WBCS WESTACOTT, JOEL WILD BIRDS UNLIMITED WM MUELLER AND SONS INC WORK CONNECTION, THE ZEE MEDICAL SERVICE ZIEGLER INC q 12-NOV-1997 (13:56) DESCRIPTION CONTRACTED REPAIR & MAINT EQUIPMENT PARTS VIDEO SUPPLIES OFFICE EQUIPMENT OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES PHOTO SUPPLIES CHEMICALS OTHER CONTRACTED SERVICES OTHER CONTRACTED SERVICES OPERATING SUPPLIES-GENERAL REPAIR & MAINT SUPPLIES OTHER CONTRACTED SERVICES SAFETY SUPPLIES IMPROVEMENT CONTRACTS PROGRAM WATER SYSTEM MAINTENANCE WATER TREATMENT PLANT POLICE INSPECTION-ADMIN WATER TREATMENT PLANT EPCC MAINTENANCE POLICE POOL MAINTENANCE COMMUNITY BROCHURE SPECIAL EVENTS OUTDOOR CTR PROGRAM TRAILS PARK MAINTENANCE COMMUNITY CENTER ADMIN TRAILS COUNCIL CHECK SUMMARY DIVISION GENERAL SERVICES FACILITIES FIRE FLEET SERVICES ORGANIZED ATHLETICS COMMUNITY CENTER YOUTH RECREATION ADULT RECREATION OAK POINT POOL DEBT SERVICE PAYMENTS SPECIAL ASSESSMENTS CITY CENTER PRAIRIE VILLAGE PRAIRIEVIEW CUB FOODS WATER DEPT STORM DRAINAGE 13-NOV-1997 (09:50) TOTAL $1. 95 $16.28 $67.63 $394.99 -$5.82 $2,394.07 $33.96 $3.69 $111.61 $182,481. 25 $335,830.52 $143.02 $9,847.06 $11,717.43 $16,893.31 $4,176.26 $45.18 $564,152.39* 10 COUNCIL CHECK REGISTER 13-NOV-1997 (09:49) CHECK NO CHECK AMOUNT VENDOR DESCRIPTION PROGRAM ------------------------------------------------------------------------------------------------------------------------ 81 $134,509.61 NORWEST BANKS MINNESOTA N A FEDERAL TAXES W/H FD 10 ORG 82 $72,177.46 NORWEST BANKS MINNESOTA N A EMPLOYEES SS & MEDICARE FD 10 ORG 83 $72,177.46 NORWEST BANKS MINNESOTA N A EMPLOYERS SS & MEDICARE FD 10 ORG 84 $56,965.81 MINNESOTA DEPARTMENT OF REVENU STATE TAXES WITHHELD FD 10 ORG 85 $264.80 MN DEPT OF REVENUE MOTOR FUELS EQUIPMENT MAINTENANCE 86 $45,576.00 MINNESOTA DEPARTMENT OF REVENU SALES TAX PAYABLE FD 10 ORG 87 $110,643.75 NORWEST BANK MN N.A. INTEREST B & I PAYMENTS 88 $71,837.50 NORWEST BANK MN N.A. INTEREST B & I PAYMENTS $564,152.39* /I ... EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11-18-97 SECTION: ORDINANCES AND RESOLUTIONS 1IrA ITEM NO. . DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger Pawn Shop Ordinance Roger Pauly, City Attorney Requested Council Action: The Staff recommends that the Council take the following action: 1. Approve 1 st Reading of the Ordinance for Amending City Code Chapter 5 by Adding a New Section 5.71 Relating to Pawnbrokers and Precious Metal Dealers, and Adopting by Reference City Code Chapter 1 and Section 5.99 Which, Among Other Things, Contain Penalty Provisions. Background: In 1996, the Minnesota Legislature passed a law relating to minimum provisions for pawn shop ordinances. City staff personnel from Community Development, Police and the City Attorney's office conducted a series of meetings in order to draft an ordinance which included the minimum provisions from law and criteria from existing ordinances in other cities. Supporting Reports: Draft Ordinance, 11-4-97. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -97 11-..,-'17 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5 BY ADDING A NEW SECTION 5.71 RELATING TO PAWNBROKERS AND PRECIOUS METAL DEALERS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The Eden Prairie City Code shall be amended by adding Section 5.71 as follows: "SECTION 5.71. PAWNBROKERS AND PRECIOUS METAL DEALERS. Subd. 1. purpose. The Council finds that pawnbrokers and precious metal dealers potentially provide an opportunity for the commission and concealment of crimes. Such businesses have the ability to receive and transfer stolen property easily and quickly. The Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers and precious metal dealers. The purpose of this section is to prevent pawnbroking and precious metal businesses from being used as facilities for commission of crimes and to ensure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety and general welfare of the citizens of the City. SUbd. 2. Definitions. A. "Goods" means goods as defined in Minnesota Statutes, Section 336.9-105(f). B. "Item containing precious metal" means an item made in whole or in part of metal and containing more than one percent by weight of silver, gold, or platinum. C. "Minor" means any natural person under the age of 18 years. D. "Oversized items" means large items such as cars, boats, and other motorized vehicles and motorized equipment. E. A natural person, partnership, corporation, or other organization, which owns five percent (5%) or more of an applicant or licensee (and officers of such a corporation or other organization) shall be deemed a "parent." A -1- natural person, partnership, corporation, or organization (and officers of such a corporation or organization) owning five percent (5%) or more parent shall also be deemed a "parent." other other of a F. (a) "Pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. (b) The following are exempt from the defini tion of "pawnbroker": any bank regulated by the state of Minnesota, the comptroller of the currency of the united States, the Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve System or any other federal or state authority and their affiliates; any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposi t Insurance Corporation or any successor to it and all affiliates of those banks and savings associations; any state or federally chartered credit union; and any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce of the State of Minnesota. G. "Pawnshop" means the location at which or premises in which a pawnbroker regularly conducts business. H. "Pawn Transaction" means any loan on the securi ty of pledged goods or any purchase of pledged goods on the condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. I. "Person" means an individual, limited liability company, association, or any other organized. partnership, corporation, joint venture, trust, legal entity, however J. "Pledged Goods" means tangible personal property other than choses in action, securities, bank drafts, or printed evidence of indebtedness, that are purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection wi th a pawn transaction. -2- K. "Precious metal dealer" means any person engaging in the business of buying coins or secondhand items containing precious metal, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. L. "precious metals" means silver, gold, or platinum. M. "Secondhand i tern" means tangible personal property, excluding motor vehicles, which has been previously used, rented, owned, or leased. SUbd. 3. License Required. No person shall engage in the trade or business of pawnbroker or precious metal dealer within the City unless such person is currently licensed under this ordinance. Any pawn transaction made without benefit of a license is void. A separate license is required for each place of business. More than one license may be issued to a person upon compliance with this section for each license. Subd. 4. Exceptions to License Requirement. A. Precious metal dealers conducting the following transactions are not required to obtain a license under this Section. 1. Transactions at occasional "garage" or "yard" sales, or estate sales or farm auctions held at the decedent's residence, except that precious metal dealers must comply with the requirements of Minnesota Statutes, Sections 325F.734 to 325F.742, for these transactions. 2. Transactions regulated by Minnesota Statutes, Section 80A. 3. Transactions regulated by the Federal Commodity Futures Commission Act. 4. Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps, or dust from an industrial manufacturer, dental lab, dentist, or agent thereof. 5. Transactions involving the purchase of photographic film, such a lithographic and x-ray film or silver residue or flake recovered in lithographic and x- ray film processing. 6. Transactions involving coins, bullion, or ingots. - 3 - '-I 7. Transactions in which the secondhand item containing precious metal is exchanged for a new item containing previous metal and the value of the new item exceeds the value of the secondhand item, except that a person who is a previous metal dealer by engaging in a transaction which is not exempted by this Section must comply with the requirements of Minnesota Statutes, Sections 325F. 734 to 325F.742. 8. Transactions between precious metal dealers if both dealers are licensed under Minnesota Statutes, Section 325F.733, or if the seller's business is located outside of the state and the item is shipped from outside the state to a dealer licensed under Minnesota Statutes, Section 325F.733. 9. Transactions in which the buyer of the secondhand item containing precious metal is engaged primarily in the business of buying and selling antiques, and the items are resold in an unaltered condition, except for repair, and the i terns are resold at retail, and the buyer paid less than $2,500 for secondhand items containing precious metals purchased within any period of 12 consecutive months. SUbd. S. Persons Ineligible. A. No license shall be issued or held by any person who: 1. Is a minor at the time the application is filed. 2. Has been convicted of any crime directly related to the licensed occupation and has not shown competent evidence of sufficient rehabilitation and present fi tness to perform the duties of pawnbroker or precious metal dealer as prescribed by Minnesota Statutes, 1995, Section 364.03, Subdivision 3. 3. A person who is not of good moral character or repute. 4. Holds a liquor license under City Code. 5. In the judgment of the Council, is not the real party in interest or beneficial owner of the business operated under the license, or 6. Has had a pawnbroker or precious metal dealer's license revoked anywhere within five (5) years of the license application, or -4- 7. Is a corporation, partnership or other organization which has a parent who is or meets a condition set forth in subparagraphs 1. through 6. hereof. Subd. 6. Places Ineligible. A. No license shall be issued or held for any place or any business ineligible for a license under Ci ty Ordinance or State law. B. No license shall be issued or held for operation in a residential zoning district. C. No license shall be issued or held for a place or business which holds a liquor license. D. No license shall be granted or held for operation on any premises on which taxes, assessments or other financial claims of the City or other government agency are delinquent and unpaid, except if an action has been commenced pursuant to the provisions of Minnesota Statutes Chapter 278, questioning the amount or validity of taxes, the Council may on application by the licensee waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. E. No license shall be granted or held if the property on which the business is or is to be conducted is owned by a person who is ineligible for a license, except that a property owner who is a minor shall not make the premises ineligible under this subparagraph. F. No pawnshop shall be located within ten (10) driving miles of any gambling casino. No pawnshop, lawfully operating as of the date of the enactment of this section, shall be required to relocate or close as a result of this subparagraph. Subd. 7. License Application. A. In addition to any information which shall be required pursuant to any provision of Chapter 5 of the City Code every application for a license under this Section shall be made on a form supplied by the ci ty, shall be verif ied and shall contain the following information: 1. If applicant is a natural person: -5- a. The name, place and date of birth, street, residence, address and telephone number of the applicant. b. Whether the applicant is a ci tizen of the United States or a resident alien. c. The name of the business under which the proposed licensee will operate. d. Whether the applicant is married or single. If married, the true name, place and date of birth and street address of applicant's spouse. e. Street addresses at which applicant has lived during the preceding ten (10) years. f. Whether the applicant has ever been in military service. If so, the applicant shall, upon request, exhibit all discharges. g. Kind, name and loca tion of every bus ines s , occupation or employment applicant (and spouse, if any), has been engaged in during the preceding ten (10) years. h. Names and addresses of applicant's (and spouse, if any) employers and partners, if any, for the preceding ten (10) years. i. Whether applicant (or spouse, if any) has ever been convicted of a violation of any state law or local ordinance, other than a non-alcohol related traffic offense. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. j. Whether the applicant (or spouse, if any) has ever been engaged in operating a pawnshop or precious metal dealership or other business of a similar nature as an owner or employee. If so, applicant shall furnish information as to the time, place and length of time. k. Whether the applicant is the owner and operator of the business and if not, who is. 1. Whether the applicant has ever used or been known by a name other than applicant's true -6 - 1 name, and if so, the name, or names, dates and places where used. m. The amount of the investment that the applicant has in the business, land, building, premises, fixtures, furni ture, or stock in trade, and proof of the source of the money. n. A list of responsible persons, including the names of owners, managers and assistant managers, who may be notified or contacted by State or City employees in case of emergency. o. Whether the applicant holds a current pawnbroker or precious metal dealer license from any other governmental unit and whether the applicant is licensed under Minnesota Statutes, Section 471.924 or 32SF.731 to 32SF.744. p. Whether the applicant has ever been denied a pawnbroker or precious metal dealer license from any other governmental unit. q. The location of the business premises. r. The legal description of the premises to be licensed, including a map of the area for which the license is sought, showing dimensions, location of buildings, street access and parking facilities. s. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. 2. If applicant is a partnership: a. The name and address of each partner. b. The name and address of the managing partner, or partners, shall be designated. c. The in teres t partnership. of each partner in the d. If the partnership is required to file a certificate as to trade name under the provisions of Minnesota Statute, Chapter 333, a copy of the certificate certified by the -7- 3. Clerk of District Court shall be attached to the application. e. The information required of an applicant who is a natural person specified in subparagraphs 1. c., g., and i. through s. If applicant organization: is a corporation or other a. Name, and if incorporated, the state of incorporation; b. A true copy of the incorporation, articles of association agreements; certificate of incorpora tion or c. The name of the manager or proprietor or other agent in charge of, or to be in charge of the premises to be licensed, and all information about said person as is required of an applicant who is a natural person specified in subparagraphs a. through s .. d. The names and addresses of all persons who own five percent (5%) or more of, or who control the corporation or other organization (or who are officers of such corporation or other organization. e. The information required of an applicant who is a natural person specified in subparagraphs 1. c., g., and i. through s. 4. In addi tion to the information required of an applicant, an application shall contain the following information relating to the parents of an applicant: a. If the parent is a natural person, the information required of an applicant who is a natural person pursuant to Subd. 7, subparagraph 1. b. If the parent is a partnership, the information required of an applicant which is a partnership pursuant to SUbd. 7, subparagraph 2. c. If the parent is a corporation or other organization the information required of an -8 - q applicant which is a corporation or other organization pursuant to SUbd. 7, subparagraph 3. 5. Other information which the City deems appropriate. B. No person shall make a false statement or material omission in a license application or investigation. Any false statement or material omission shall be grounds for denial, suspension, or revocation of a license. C. Each licensee shall have the continuing duty to properly notify the Chief of Police of the city of any change in the information or facts required to be furnished on the application for a license. This duty shall continue throughout the period of the license. Failure to comply with this section shall constitute cause for revocation or suspension of the license. Subd. 8. Fees. A. Every applicant for a license shall pay to the City an investigation fee. The fee shall be for the purpose of conducting a preliminary background and financial investigation of the applicant. If the Council believes that the public interest so warrants, it may require a similar investigation at the time or renewal of any license. If an investigation is ordered by the City Council at the time of license renewal, the applicant shall pay an investigation fee, except that the fee shall be the smaller of the stated dollar amount or the actual cost of the investigation. Except for an adjustment of the fee in the case of an investigation relating to a license renewal, there shall be no refund of the investigation fee for any person after an investigation has begun. B. Each license shall expire on December 31st of the year in which it is issued. Fees for licenses issued during the license year shall be prorated according to the number of months remaining in the year. For this purpose an unexpired fraction of a month shall be counted as a whole month which shall have elapsed. C. No refund of any fee shall be made except as authorized by ordinance. Subd. 9. Bond Required. -9 - 10 A. At the time of filing an application for a license, the applicant shall file a bond in the amount of $5,000 with the City Clerk. The bond, with a duly licensed surety company as surety thereon, must be approved as to form by the ci ty attorney. The bond mus t be condi tioned that the licensee shall observe the ordinances of the City, in relation to the business of pawnbroker and precious metal dealer, and that the licensee will account for and deliver to any person legally entitled thereto any property which may have come into the possession of the licensee as pawnbroker or precious metal dealer or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. SUbd. 10. Granting of Licenses. A. No license shall be issued until the Police Department has conducted an investigation of the information set forth in the application, the applicant's moral character, and the applicant's financial status. All applicants must cooperate with this investigation. B. No license shall be issued until the Council has held a public hearing in accordance with the following: 1. Notice of the hearing shall be made in the same manner as that specified in City Code Section 11.78, Subd. 4 for an amendment affecting district boundaries. 2. No hearing shall be required for a renewal of license, but the Council may, at its option, hold a hearing. C. After investigation and hearing, the Council shall, at its discretion, grant or deny the application. A license may not be granted, 1. to a person who, a. is ineligible to receive a license, b. has made a false statement or material omission in a license application or in response to an investigation, c. fails to respond to an investigation, or d. has violated any provision of City Code Section 5.71, or 2. for any ineligible place. -10- /I Final approval of a license shall not be granted until the Council has given at least preliminary approval to any necessary land use request. If an application is granted for a location where a building is under cons truction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. Each license shall remain in full force and effect until surrendered, suspended, revoked, or expired. D. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without application to the Council in the same manner as an application for a new license. The transfer of 25% or more of the ownership interests, or a controlling interest, whichever is less, of a licensee or a parent shall be deemed a transfer of the license. Transfer of a license without prior Council approval is a ground for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without obtaining Council approval shall be a separate violation of this ordinance. E. In the case of the death of a licensee who is a natural person, the personal representative of the licensee may continue operation of the business for not more than 90 days after the licensee's death. Subd. 11. Conditions of License. A. Generally. Every license is subject to the conditions in the following paragraphs, all other provisions of this Section 5.71, and of any other applicable provisions of the City Code or State law. B. Maintenance of Peace. Every licensee is responsible for the conduct of its place of business and the conditions of order in it. The act of any employee of the licensee shall be deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this ordinance equally with the employee, except criminal penalties. C. Display of License. Every license must be posted in a conspicuous place in the premises for which it is used. D. Record Keeping. licensee shall At the time of a receipt of property, a immediately record, in English, in an -11- I:A indelible ink, in a book or journal, which has page numbers that are pre-printed the following information: 1. An accurate description of the property including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark. 2. The date and time the item of property was received by the licensee. 3. The name, address, residence telephone number, date of birth, and reasonably accurate physical description, including height, sex and race, of the person from whom the property was received. 4. The amount of money loaned upon or paid for the property. 5. The identification number from one of the following forms of identification of the person from whom the property was received: a. a valid Minnesota photo driver's license' b. a Minnesota photo Identification Card; c. a photo identification card issued by the state (or province of Canada) of residency of the person from whom the property was received, and one other valid form of identification; 6. The amount paid or advanced. 7. The maturi ty date of a pawn transaction and the amount due. 8. The monthly and annual interest rates, including all pawn fees and charges. E. Photographic Record. A pawnbroker or precious metal dealer must obtain a photograph of each person selling or pawning any property. The pawnbroker or precious metal dealer shall notify the person being photographed prior to taking his or her picture. The photograph shall be at least two inches in length by two inches in width and shall be immediately developed and referenced with the information regarding the person and the property sold or pawned. The maj or portion of the photograph shall include a front facial pose. The photograph shall be retained by the pawnbroker or precious metal dealer for 30 days. -12- I~ F. Inspection of Records. The licensee shall make available the information required in paragraphs D. and E. above at all reasonable times for inspection by the City Police Department. The information required in subsection D. shall be retained by the pawnbroker or precious metal dealer for at least three years. G. Receipts. The licensee shall provide a receipt to the seller or pledger of any item of property received, which shall be numbered to correspond to the entry in the licensee's records and shall include: 1. The name, licensee. address, and phone number of the 2 . The da te on which the item was received by the licensee. 3. A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or sold, and whether it was pawned or sold. 4. The signature of the licensee or agent. 5. If the property can be redeemed, a. The las t regular business day by which the item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the property on that date. b. The annual rate of interest charged on pawned items received. 6. The name and address of the seller or pledger. H. Reports to Police. For the types of items listed below, the licensee must submit to the City Police Department on a daily basis a list of the specific items purchased or received that day. The list must be on forms approved by the City and must contain all of the information described in paragraph D. 1. Any item with a serial number, identification number, or "Operation Identification" number; 2. Cameras; 3. Electronic, equipment; aUdio, video or radar detection 4. Precious jewelry, gems and metals; -13- 5. Artist-signed or artist-attributed works of art; 6. Firearms, for which a dealer's license to deal in, is required by the laws of the State of Minnesota or the United States of America. 7. Any item not included in (1) (6) above which the pawnbroker or precious metal dealer intends to sell for more than $200, except for furniture and kitchen or laundry appliances. I. Stolen or Lost Property. A pawnbroker or precious metal dealer must report to City police any item pledged or received, or sought to be pledged or received, if the pawnbroker or precious metal dealer has reason to believe that the article was stolen or lost. J. Police Restrictions on Sale or Redemption. Whenever the City Police Department notifies the licensee not to sell an item, the item shall not be sold or removed from the licensed premises until authorized to be released by the City police Department. K. Holding Period. Any item received by the pawnbroker or precious metal dealer for which a report to the City police is required shall not be sold or otherwise transferred, or in the case of precious metal, melted down or dismantled, for 30 days after the date of such report to the police. However, a person may redeem a pawned item 72 hours after the item was received by the pawnbroker or precious metal dealer, excluding Sundays and legal holidays. L. Inspection of Items. 1. Inspection by Ci ty. The pawnbroker or precious metal dealer shall, at all times during the term of the license, allow the City police Department to enter the premises where the pawnbroker or precious metals dealer business is located and any other premises where items purchased or received as part of the business are stored, for the purpose of inspecting such premises and the property therein to locate items suspected or alleged to have been stolen or otherwise improperly disposed of. 2. Inspection by Claimants. Additionally, all the items coming into possession of the licensee shall at all times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have any in teres t therein, when such person is accompanied by a City -14- police officer. M. payment by Check. Payment by the licensee for any articles deposited, left, purchased, pledged or pawned, shall be made only by check, draft, or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against funds held by a financial institution. N. Gambling. No licensee may keep, possess, or operate, or permi t the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punchboards, blackjack tables, or pinball machines which return coins or slugs, chips, or tokens or any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under Minnesota Statutes, Sections 349.11 -349.61, may be kept or operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to Minnesota Statutes, Sections 349A.01 -349A.15. O. Oversized Items. All items must be stored within the licensed premises building, except the City may permit the licensee to designate one (1) locked and secured warehouse building wi thin the Ci ty wi thin which the licensee may s tore oversized items. No i tern may be stored in the designated warehouse building that is not reported in the journal pursuant to subparagraph D above. The licensee shall permi t immediate inspection of the warehouse at any time during business hours by the Ci ty Police Department. Oversized i terns may not be stored in parking lots or other outside areas. All provisions in this subparagraph regarding recordkeeping and reporting shall apply to oversized items. P. Off-Site Sales/Storage. All items accepted by a licensee at a licensed location in the City shall be for pledge or sale through a licensed location in the Ci ty. No licensee under this Section shall sell any items which are transferred from a non-licensed facility or a licensed facility outside the City. Q. Restrictions on Weapons. 1. A pawnbroker or precious metal dealer may not receive as a pledge, accept for consignment or sale, or otherwise deal in any firearm for which a dealer's license to deal in, is required by the laws of the State of Minnesota or the United States of America unless the pawnbroker or precious metal dealer holds such a firearms dealer's license. -15- It, 2. A pawnbroker or precious metal dealer may not receive as a pledge or otherwise, or accept for consignment or sale, a firearm which a person is prohibited from possessing or transferring pursuant to the laws of the State of Minnesota or the United States of America. SUbd. 12. Printed Pawn Tickets. A. The following shall be printed on all pawn tickets: 1. "Any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than 60 days past the date of the pawn transaction, renewal, or extension; no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods, 2. The pledgor of this item attests that it is not stolen, it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item, 3. This item is redeemable only by the pledgor to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Written authorization for release of property to persons other than the original pledgor must be maintained along with the original transaction record," and 4. A blank line for the pledgor's signature. B. The pledgor or seller in a pawn transaction shall sign a pawn ticket and receive an exact copy of the pawn ticket. SUbd. 13. Suspensions and Revocations of License. A. Delinquent Taxes. The Council may suspend or revoke a license issued under this Section for operation on any premises on which real estate taxes, assessments or other financial claims of the City or of the State are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minnesota Statutes Chapter 278, questioning the amount or validity of taxes, the Council may on application by the licensee waive strict compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain -16- 11 unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. B. Violations. 1. The Council may suspend for up to 60 days or revoke any license upon a finding that the licensee or an agent or employee of the licensee has failed to comply with any State or Federal law or provisions of the City Code or ordinances. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes, Sections 14.57 to 14.69, with the exception of the suspension provided for in paragraph 2. below. 2. Any conviction by the licensee for theft, burglary, robbery , receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. C. No expiration, revocation, suspension, or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any pledgor. D. The Police Chief of the Ci ty of the City shall be notified by the City of any licensee whose license has expired or been surrendered, suspended, or revoked as provided by this section. Subd. 14. Effect of Nonredemption. A. A pledgor shall have no obligation to redeem pledged goods or make any payment on a pawn transaction. Pledged goods not redeemed within at least 60 days of the date of the pawn transaction, renewal, or extension shall automatically be forfeited to the pawnbroker, and qualified right, title, and interest in and to the goods shall automatically vest in the pawnbroker. B. The pawnbroker's right, title, and interest in the pledged goods under paragraph A. is qualified only by the pledgor's right, while the pledged goods remain in possession of the pawnbroker and not sold to a third party, to redeem the goods by paying the loan plus fees and/or interest accrued up to the date of redemption. C. A pawn transaction that involves holding only the title -17- 11; to the property is subject to Minnesota Statutes, 1995, Chapter 168A or 336. SUbd. 15. Permitted Charges. A. Notwithstanding any other statute, ordinance, rule, regulation, or section 325J .13, a pawnbroker may contract for and receive a pawnshop charge not to exceed three percent per month of the principal amount advanced in the pawn transaction plus a reasonable fee for storage and services. A fee for storage and services may not exceed $20 if the property is not in the possession of the pawnbroker. B. The pawnshop charge allowed under paragraph A. shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due , and owing on the same day of the succeeding month. However, if full payment is made more than two weeks before the next succeeding date the pawnbroker shall remit one-half of the pawnshop charge for that month to the pledgor. C. Interest shall not be deducted in advance, nor shall any loan be divided or split so as to yield greater interest or fees than would be permitted upon a single, consolida ted loan or for otherwise evading any provisions of this section. D. Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amount permi t ted under this Subdivision, shall be uncollectible and the pawn transaction shall be void. E. A schedule of charges permi t ted by this Subdivision shall be posted on the pawnshop premises in a place clearly visible to the general public. SUbd. 16. Records; Prohibitions. A pawnbroker and any clerk, agent, or employee of a pawnbroker shall not: A. Make any false entry in the records of pawn transactions; B. Falsify, obliterate, destroy, or remove from the place of business the records, books, or accounts relating to the licensee's pawn transactions; C. Refuse to allow the appropriate law enforcement agency, the attorney general, or any other duly authorized state or federal law enforcement officer to inspect the pawn records or any pawn goods in the person's possession during the ordinary hours of business or other times -18- acceptable to both parties; D. Fail to maintain a record of each pawn transaction for three years. E. Accept a pledge or purchase property from a person under the age of 18 years. F. Make any agreement requiring the personal liability pledgor or seller, or waiving any provision of Subdivision, or providing for a maturity date less one month after the date of the pawn transaction. of a this than G. Fail to return pledged goods to a pledgor or seller, or provide compensation as set forth in Minnesota Statutes, 1995, section 325J.09, upon payment of the full amount due the pawnbroker unless either the date of redemption is more than 60 days past the date of the pawn transaction, renewal, or extension and the pawnbroker has sold the pledged goods pursuant to section 325J.06, or the pledged goods have been taken into custody by a court or a law enforcement officer or agency. H. Sell or lease, or agree to sell or lease, pledged or purchased goods back to the pledgor or seller in the same, or a related, transaction. I. Sell or otherwise charge for insurance in connection wi th a pawn transaction. J. Remove pledged goods from the pawnshop premises or other storage place approved by City at any time before unredeemed, pledged goods are sold pursuant to Minnesota Statutes, 1995, section 325J.06. Subd. 17. Redemption; Risk of Loss. Any person to whom the receipt for pledged goods was issued, or any person identified in a written and notarized authorization to redeem the pledged goods identified in the receipt, or any person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor shall be enti t1ed to redeem or repurchase the pledged goods described on the ticket. In the event the goods are lost or damaged while in possession of the pawnbroker, the pawnbroker shall compensate the pledgor, in cash or replacement goods acceptable to the pledgor, for the fair market value of the lost or damaged goods. Proof of compensation shall be a defense to any prosecution or civil action. Subd. 18. Provisions. Motor Vehicle Title Pawn Transactions; Special -19- ao A. In addition to the other requirements of this section, a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall: 1. be licensed as a used motor vehicle dealer under Minnesota Statutes, 1995, section 168.27, and post such license on the pawnshop premises; 2. verify that there are no liens against the motor vehicle with Department of Public Safety; and or encumbrances the Minnesota 3. verify that the pledgor has automobile insurance on the motor vehicle as required by law. B. A pawnbroker may not sell a motor vehicle covered by a pawn transaction until 90 days after recovery of the motor vehicle. Subd. 19. penalty. Except as otherwise provided in State law, any person violating any provision of this ordinance shall be subject to the penalties established in Section 5.99 of the City Code. Any fine or sentence imposed shall not affect the right of the City to suspend or revoke a license as the Council deems appropriate." Section 2. City Code Chapter 1 entitled "General provisions and Defini tions Applicable to the Entire Ci ty Code Including Penal ty for Violation" and Section 5.99 enti tIed "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 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. home\rap\wp51\rap\ep\ord\pawn2 -20- EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 11-18-97 SECTION: PETITIONS AND REQUESTS ITEMN ---"""""'"...;...I'--------tl DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger Jean Johnson APPEAL OF BOARD OF ADJUSTMENT AND APPEALS -DENIAL OF VARIANCE NO. 97-10 ==============:::::!I Requested Council Action: Uphold the Board of Adjustments & Appeals denial of Variance No. 97-10 Background: Applicant has requested approval to display/lease vehicles outside in an Office District parking lot. Supporting Information: 9-22-97 Appeal request 9-11-97 Board's Final Order 6-13-97 Variance Request Infonnation 7 -10-97 Staff Report 9-11-97 Board Minutes 8-14-97 Board Minutes 7 -10-97 Board Minutes 1-15-97 Letter to Moore Leasing 9-27-96 Letter to Moore Leasing I Admitted to practice: State of Minnesota State of Arizona U.S. Tax Court LAW OffiCES OF mOMAS L ILIFF 2372 Leibel Street White Bear Lake, N1N 55110 (612) 407-8094 Fax: (612) 407-8179 Westside offices at Suite 240 5050 France Ave. S. Edina, l\tIN 55410 (612) 922-1267 Fax: (612) 922-4788 ~Please respond to White Bear Lake Office" September 22,1997 Ms. Jean Johnson City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Moore Leasing Inc. vs. City of Eden Prairie Dear Ms. Johnson: CERTIFIED MAIL I am the attorney representing Moore LeaSing and Sales Inc. regarding their zoning situation. It is my understanding that my client's variance request (#97-10) was denied on September 11, 1997. It is my client's intent to appeal this denial and we request the City Council review the Zoning Board's decision. Mr. Steve Durham informed me that you will set a hearing date for this review at the next appropriate meeting and inform us of that hearing date. Thank you. Sincerely yours, O~~~?L- t Thomas L. Iliff Attorney at Law TU:lj ~y !, i V ARlANCE #97-10 CITY OF EDEN PRAIRIE BOARD OF ADJUSTlVIENTS AND APPEALS FINAL ORDER RE: Petition of Prairie Center Properties, LLC for Moore Leasing, Inc. AJDDRESS: ~25~O~P~ra~m~'e~C~en~t~er~Dri~'v~e ______________________________________ _ OTHER DESCRIPTION: ~N~/A~ __________________________________________ ___ V ARIANCE REQUEST: See Attachment A The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and exarn:inID.g all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes ___ X_ No ____ ) . 2. There are circumstances unique to the propelty under consideration, and granting such variances does not violate the spirit and intent of the City's Zoning and Platting Code. 3. variance Request #97-10 is herein Granted ______ __ Denied x See Attachment A 4 . Findings to the granting _______ , denial~X~_, of said variance· are as follows: See Attachment B 5. A copy of this order shall be forwarded to the applicant by the City Clerk. 6. This order shall be effective September 11, 1997 i however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 7. All Board of Adjustments and Appeals actions are subject to City Council review. BOARD OF ADJUSTMENTS AND APPEALS N/A = Not Applicable a·~c?-;/J Q"'-;{/}1/.i~ BY: // /' ~ . DATED: September 11, 1997 BARB\JEAN\BOA\F097 lOa VARIANCE REQUEST #97-10 ATTACHMENT A 1. To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only). Applicant is appealing staff's decision. 2. Utilize 2,568 square feet of area of the site for outdoor storage and display (Code permits a maximum of2% or 720 square feet, for a building in Commercial Districts only). 3. To allow outdoor storage on 11 % (15 parking stalls) of the required parking stalls (Code pennits a maximum of .005 or 1 parking stall for building in Commercial Districts only). 4. To allow loading/unloading of vehicles in parking lot trafficway (Code does not pennit obstruction of trafficway) . 5. To reduce the required parking on site from 135 existing spaces down to 120 spaces. V ARlANCE REQUEST #97-10 ATTACHMENT B 1. The request deviates from the Office District standards. 2. The applicant has not demonstrated a hardship unique to the property. Economic hardship alone does not constitute an undue hardship, nor does a self-induced hardship. 3. An approval would set a precedent and weaken the spirit and intent of the Code's Office District regulations. June 13, 1997 City of Eden Prairie Attn: Jean Johnson Dear Jean: Please consider our request for a business variance of usage at 250 Prairie Center Drive, Eden Prairie. We are a leasing and sales corporation that has been in business since 1975 in Minnesota with the past 5 years operating in Eden Prairie. We have tried to operate under current city guidelines for our property and while being extremely inconvenient and cost inefficient we have managed. However, recent business losses have shown that the site is now really causing our company to lose money under current restrictions. All we are asking is that 15 late model vehicles be able to be parked and displayed in the parking lot of our building. We live in Eden Prairie, own a home here, attend church every Sunday here, we do not want to move. We are an upscale operation, Our vehicles are usually one owner, low mile lease returns in the 93 or newer models. There will be no parking of anything older than that year. We cannot continue under the present restrictions in effect by the city. C)tIUIY, ~~C) Robert Moore President PRAIRIE CENTER PROPERTIES, LLC 250 Prairie Center Drive • Eden Prairie, MN 55344 Phone (612)-942-9058 Fax (612)-942-7496 Attention City of Eden Prairie: In pursuant to the letter regarding the variance request for Moore Leasing; the ownership of Suburban Place Executive Suites; and major contributor of property taxes the city of Eden Prairie, we ask that you take serious and honest consideration in allowing Moore Leasing to park a small amount of vehicles for sale within our property lines. As the Business Manager for Prairie Center Properties, LLC (Building Ownership) and representative for the corporation, I am asking your help with this special request. Moore Leasing has been a positive addition to our family of tenants and I would like to continue services to them in the future. However, without the variance Moore Leasing will be forced to move from the premise which will cause a considerable financial loss to our business's well being. In addition as a tax payer and resident I fully understand the need to provide a safe and comfortable place to purchase an automobile; a vital and necessary resource used and needed by all families and professionals. I believe as a team Suburban Place, and Moore Leasing can supply the community with such a place. With your generous offer of a variance I mil personally monitor our parking area to insure Moore Leasing is in full compliance with any stipulations you may place upon the variance. Please note the attached property map with specified parking area outlined. 7 Jannette M. Poehlman PRAIRIE CENTER PROPERTIES, LLC Business Manager cc: Bob Moore, Moore Leasing Mark Johnson, Building Owner Tenant File \ J. W. ANDERSON &: ASSOCIATES 8145 TRILLIUM CIRCLE VICTORIA, MN 55386 SCALE: 1/16" = 1'0" (612) 443-3227 DATE: 12/6/93 i ·0 ,n'OttJ ~I) ~~ Cd ~~At hv-,)\J't! yn}"$a~'c! t Ij. ); ,I' , ' , : VARIANCE: #97-10 MEETING DATE: July 10, 1997 APPLICANT: Prairie Center Properties. LLC for Moore Leasing. Inc. LOCATION: 250 Prairie Center Drive REQUEST: 1. To allow outdoor storage and display of IS vehicles at an office zoned site (Code for outdoor storage and display is written for Commercial Districts only). Applicant is appealing staffs decision. 2. Utilize 2,568 square feet of area of the site for outdoor storage and display (Code permits a maximum of 2% or 720 square feet, for a building in commercial districts only). 3. To allow outdoor storage on 11 % (15 parking stalls) of the required parking stalls (Code pennits a maximum of .005 or 1 parking stall for building in commercial districts only). 4. To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway). 5. To reduce the required parking on site from 135 existing spaces down to 120 spaces. ZONING DISTRICT: Office AREA CHARACTER: This office building is located next to First Bank which is also zoned Office. The building is north of the Eden Prairie Center. BACKGROUND: In 1984, the City started to experience the infusion of motor vehicle dealers moving out from inner ring suburbs. City Staff reviewed City Code and outlined how these uses would fit into our zoning code districts. It is sununanzed as follows: Dealer Office Space Dealer Office Space with Inside Storage Dealers Office Space with Limited Outdoor Storage Permitted in Districts Office, Commercial, Industrial Industrial/Commercial Commercial The Office District is available for vehicle dealers who own/rent office space and whose activity is exclusive office activities for the business and no outdoor storage/display of vehicles. Various office zoned sites in Eden Prairie have had and do have vehicle dealers. Periodic inspections have not uncovered significant problems. In 1996, Moore Leasing requested the City's signature on a State Motor Dealer License. Upon receipt of a letter and City form (both stating no outdoor display storage) the license was signed. (Copies Attached) The City did receive complaints about the number of vehicles for lease in the parking lot, the loading/unloading in drive aisles and parking areas, and individuals marking and detailing vehicles out in the lot. Staff inspected area and noted numerous vehicles. Staff notified operator to correct code violation on September 27 and December 13 in 1996, and again in January of 1997. (Letters attached) A purpose of the Office District is to provide a high standard of environment for certain businesses and professional offices. A protected office character, unlike office in commercial/industrial areas which have different traffic patterns and some objectionable influences, i.e. odor, deliveries, frequent client traffic, etc., that occurs in commercial and industrial areas. A decision viewing this variance request as appropriate will set precedent for all OFFICE Zone properties. The building has reasonable use as an office building without the addition of outdoor display on the property. The Office District parking stall requirement is 5 stalls per 1,000 gross feet of building. The 3-story building is approximately 30,000 gross square feet in size. Moore Leasing rents approximately 800 square feet. The present tenant mix may have adequate parking, but the code requirement is necessary to meet a mix of tenant parking needs as tenants change. Allowing an 800 square foot tenant 20 stalls (15 for display + 5 for employees and clients) would be five times the parking stalls planned and would require unique circumstances. Relying on shared parking with adjacent sites can infringe upon other businesses and their clients. This is done only when an agreement is executed between businesses and the City approves. APPLICANT'S STATED HARDSHIP: Economics -See June 13, 1997 letter. 10 OPTIONS: ACTION: 1. Maintain office space at address and store vehicles off-site at an approved location. 2. Move entire business to an appropriate location. 3. Minimize variance request in number of parking stalls. The Board may wish to choose from one of the following actions: 1. Approve Variance Request #97-10 2. Approve Variance Request #97-10 with conditions. 3. Continue Variance Request #97-10 if additional information is needed. 4. Deny Variance Request #97-10 supporting City Staffs determination that outdoor placement of merchandise (vehicles) is not permitted in the OFFICE DISTRICT. RECOMMENDED CONDITIONS: Should the Board determine the request appropriate and define unique circumstances at this site to support the variance the following conditions need be applied. 1. None of the vehicles shall be displayed or located outside of the area approved by the Board of Adjustments and Appeals and marked Exhibit A attached to the Final Order. This area will be detennined the evening of the meeting should the Board approve this variance. 2. No vehicles shall be displayed or located above the elevation of the parking lot area, that is, up on a display raised platform or anything resembling a platform. a berm. planting island, or any landscaped portion of the property. 3. No vehicles will be displayed or stored in the public right-of-way of any City, County, or State Highway. 4. The vehicles stored outside may not be utilized for sign purposes, nor shall such vehicles have prices or written information displayed on the windows or any other part of the vehicles. 5. The vehicles may not have flags, balloons, banners. pennants. ribbons, streamers, or whirling devices. or anything resembling the same attached to them. 6. No balloon. banner pennant. ribbon, streamer. whirling devise. temporary sign. off-site sign. search light or anything resembling the same shall be utilized on the property. 7. No maintenance ofthe vehicles, including but not limited to, vehicle repair, washing, and cleaning shall be done on the property. 8. The variances shall be valid only so long as Moore Leasing operates a leasing facility at this site. This unique variance would not apply to another user. 9. The variance be approved for a 1 year period. 10. In the event the terms and conditions of the Final Order #97-10 are violated, the City may, in addition to all other remedies afforded it herein and by law. terminate the variances upon the expiration of 15 days from the date of written notice of such violation mailed by City to applicants. Ail notices are required to be sent to applicants by the terms and conditions ofthe Order shall be sent by certified mail to the following addresses: Prairie Center Properties, LLC 250 Prairie Center Drive Eden Prairie, MN 55344 Moore Leasing 250 Prairie Center Drive Eden Prairie. MN 55344 Att: Bob Moore 11. Ail Board of Adjustments and Appeals actions are subject to City Council review. BARBIJEANlBOAI97·IOB.SR If hfITITUI-'SOTA DEALEELICENSE CQMMERCtALLQC!}.TIQN CHECI~ . Daaler··Nl11nbor: . . Received by Licen.':' Typo !fEw 1lliW. LESSQ[{ yaiQ[£.StJJ~ MJ.rnill!. ~6.I,YI\GEJ:Q.Qk Date Received. -- l'IRH N}J{E l"hOll6 4/1SliJt!-~~ l\.DDRESS (OmI? J.cuo7l_2-5() /~() I J2-e c:(.3vtl6.1dZ . .:f(j/</6:)(=:/-..j ~ ItU-C ;-/JI THIS ClIECKLXST DESCIUnES THE PRDihHY SXTE J\DDI'l'IONhL LOCl'..'rIOH or THIS LICE.NSE. (note; B. scpiU<llc clH:Ckll5t mLUt be aubmHlcd [or each locaUoCl opcraUng under \Jill llCCll-,\c} CllEClC IlliRE lJ!' Tim .hDDlTIONhL LQCATWN IS A DISPlAY LOT OIlLY. AND RESPOND TO STATEMENTS 2~ 7 rx. 8~ Clmcn: HERE IF RETAIL SMJ!;S WILL BE CONDUCTED AT TDl13 OITE. Th~ ~ a chcc~l for dealers required to have Commcrdal Bulldf.n.f!.~ .. [NEW. usr..n. SALVAGE POOL. or AUcnONEEHJ or Corontc-rd:ll Officx:: Sp~cc u ~OIl or WHOLESALER). A l-e5porl!K: of "FALSE'" IndJca~ the ]oCO\Uon UOC3 J}Ql comply WiUl tile 5Uttc rcqulrcmcn~ In!lE~ 1_ ,--All b¢ob I>.nd t'tt<J~ nceo:u~ry to conduct bm.1rK$3 arc: kcplilt the JTPJJl lo~lJon (copld D:U.,Y be kcpt ... t MdlUoo.:U ~Uon~). 2 _ ., The Il bove loo, Uoo b CYOInW by the d c:ticr Of" b leA!>cd lOr II. mlromu m {) [ 0 oc -ye ~_ If kcunL IXalLr u.a.u FOrm CfllLI't INr (lltDd K<l 3. /V d 11lrre \$ Jl ,.cpllra.tr: Ul.J tdcnu.n:..bJe cnLc:;J.nce to tllC~ ou.koh1r tJ~t 1clUl, to the o'lldoo,-,. O£ to R publJc!UC"-. Note: :ollAn:U office ~p;l.O: .uclt .... ;I. rcocpUon "rc_ or sccn:L1.'1 puol d~ not quilify u • publJc JJ"C1L. ~80R VId. WJIO~ UJllllpl) .-. -4. IV (; TIle above dCD-knhJp lum1l1.cceI!)(:d by cnkrtnl{ through JJ'C'f oilia bwlno~ or roldcrw! thLl u k>~\cd ill the buildIng ~OR and. wnOLVJAI1'R IIxeJJ1p.t). s_ ~ 'The llhaTe ~Uon 11 endo!PCd ~th !Iocr to. cclllntt ..... ...n ... wuh '" door tMt C1n be J.butlln<! locxcd to clon orr the wUr~ CJ'\tn>.o~ and J:J d,t~ foe th<: ~ of the clcAlcohlp. c-{ 6. I 111c A1xrrc loc:aUon hu kfi .. ddcC!I!J that ~ Kpll.(JI. I.e flom the ... ddrc!IJ. of ~nr other bU.lloc~' tn the buJ1Q{ng [,\lHe m.un~r would qUlUlfy}. -, 7_ -./:L/L. Thl, dc"lcT'3blp bJl$ It dlJpbty -.n:". dthc:r indo<>rs 0.-O\ltdO<l~. u.rge cncx,gh. to dl:t I'~y .. l ~l 5 vchJ~ :md (lilt dopT:>.y 1U"e~ b lIcpu-;a.lc and Gt,Uncuh}v.bk from .Jr)' other bUJ~ lnvcnun)' (AUCTIOll'Jr-ER. ~on. wno~ Ucltn-e_ ...rq u:b .... pl). 8_ ~ A 31gn ~dcnUfytn.( the: dc:tkr3hlp b d!.!sp~yed on the ouu.ldc I>f A oonvncrcw bulldlnt. 10 " p\lbUc I'lrtl If rommcrcUl office 'race.. or ~ro<:Wherc on UIC prcmJ"d If W .ddJtloru.J location b. ~ dl~p~y lol (AucnotcLLR, l.l!:S301t. WROLl:aJUX:R llC<l..-<tiI "'H' G;(ru:npt): ... • g_! • 1111: no~\ bus1oe~ hounJ An: con!pleuo\~ly po~lcd on the dc:aJcr:Udp:wd :.tR ~dUy YkWO\blc by the pubUc 'NIIOu:.sAU:-R d:e~rtJ. -.~. \ o .. r. PCr.xJoncl or "ulomaUc tr:lcphone 1l-CU'W"Cr1n«: :t<rv1ce arc ~v-allablc dmlng norlJUJ bU'ind3 houo (1(rW' motor nililcl.tt .t~ )lll.Ll1 haTo pn..onn.1 .... TrJlAhl .. ). 1 J. /v A TIle dCoUcphlp lIax .. (llcllJty for-the n:p<tJr .and ,.c:n1<c 1>[ molJ)r l'Chlcle, .nd 11le 'WrJlIgc of VUu.oo l more L1k'n ten J1\.!ld dlwlAncc {rom the pc1rldpo pl.Aoe of 11\ulJx:U (laW In I:' lo r nhJ et.. d e.Ucp. II nJ.rI. The aboT(!. piAr.o D( hndnua. meet. ALL .. tJlJl~ JUt outlined IllxlYe. IllllCcexat..nd th .. t ~nT :mlJI.tatcl11.c:nt com,Ut:ut.eA IIlAt«!rlal JXlbr~pre.ent-Uon «.nd .nbJecta the llcc.D • .e to W\UI<iPI",u. SIGNATUlU'.--GWNP"J1/0FFICr.n flllcnd Co do bltsCnes..~. ATTN: Z01ffitG o1J'1flClALS ~ DO HOT SIGN TIllS FOll.M WU:&;3 TIll': ABOVE JUU;AS IlAVE DE:£l{ C01>lPLETED BY TIlE APP'LlCAl'IT TIle d~c:r5hlp III Ule ntklrc:.15 OJUlled ~\J.oYe ~jl pcnnltlcd J oondlUonal U:lC wtU,ln UIC DfZ:::-/C-E: Zonln~ Dlslr1cl [0{' Lhc lrpe of blUlo~s circled {NEW USED lESSOR WHOLESALE AUCTION SALVAGE l'OOLj. nod no ZonlJ1g compl:t.tnl!! or enforcement IlcUOlU ;lIe pending ~t UtU Umt'. Note: New and Used llccn5ccn dQ emLIbssur lIccnB~~-Illi!Y <;;QD~h!~t r.clttlL !'m!~ L.-:2 4<--7--Z ~;{t1-1 L-O cr 2.k:/ 1--.tL. / ~ (;'./~ ) 7',(?-1' '1 70 ~IGNl\l1mr. OF 70Nll'lG J\{ m t()nrrv DJ\'TT. PI-lONE NtJMHE-Tl -----~---.-----~--~ .. -.--.---.......... -------------_. .-.---~--.---~ --.------------~-----.~--- ,~to-.-Lmv ~~~/;7liL'~~ ~?'L u' (J~r~~·~k ,d¥~t!L'-C th,~-~ ~~ c d -" c c g C OF APPLICATION DEALERSHIP INFORNIATION Firm Name Tele# Address Street City Zip I Owners/Officers Tele# I ! ! Tele# ; I I I , Tele# , , """"""-Lessor VWholesale ;/ Auctioneer Type of License: New Used - Are Trades Accepted: Yes v No - Building Space Needs: Office LDisplay _ Inside Storage _ Outside Storage _ Outside Storage _ Service _ Other (explain) >< , floor plan to scale must be attached i..;,1/J(j f -'V / / j -I 1 ~ get Group of Customers (explain) (% of business of each) Advertising Outreach: Radio TV Mail COi-porate _ Newspaper _ Magazine _ Eave you held licenses in other communities? Yes No_ .z,p If Yes, Where: '/ }L{1 Lj t~J.tM.t, i?-c-r! _ S; 0 Address Address * NECESSARY ATTACH11ENTS. Floor Plan Copy of State Application City City Note: City may withhold review of any incomplete application The below signed applicant hereby certifies that his dealership operation will not vary from the information contained herein without first obtaining ap~om the City. \ G:!-~ . --------/ . Slgnarure_ __ ffl~~c-,- Title IU City of Eden Prairie :lty Offices 3080 Mitchell Road • Eden Prairie, MN 55344-2230 ::lhone (612) 949-8300 • TOO (612) 949-8399 • Fax (612) 949-8390 Dec. 13, 1996 Mr. R.M. Moore Moore Leasing, Inc. 250 Prairie Center Drive #314 Eden Prairie, Mn. 55344 Dear Mr. Moore: City Staff continues to receive complaints regarding parking, storing and pick-up/drop-off activity oflease vehicles at your business site. Our inspections indicate between 10-20 vehicles on site on some days. Be advised that such activity is in violation of City Code and the Jan. 11, 1996 letter you submitted to the City(attached). Also, the activity is disruptive to the office users in the building. Enclosed is a NOTICE OF CORRECTION. Sincerely, ~ ~on, Zoning Administrator end: cc: Driver & Vehicle Services Division JJAAAD Assoc _ Partnership II Moor96.464 City of Eden Prairie # 96-464 r NOTICE FOR CORRECTION OF CONDITIONS AT 250 Prairie Center Drive #314 I OWNER R.M. M:Jore PHONE 941-2991 I ! i I CODE VIOLATION(S) Sec. ll.03,Subd.3,J.Outside Storage and Display I Sec. 20, Office District i I I I I YOU ARE HEREBY NOTIFIED TO CORRECT THE FOLLOWING: I l Cease parking, storincr vehicles in transIX'rtation, and disolavincr vehicles I for lease/sale at thE:: above address. I I ! I I I I I I t YOU ARE EXPECTED TO COMPLY WITH THIS NOTICE BY Dec. 18, 1996 . OTHERWISE --~ -,--COURT PROCEEDINGS MAY BE INIIIATED FOR ENFORCEMEN I I H.Rt:OF. IF YOU HAVE QUESTIONS PLEASE CALL 937·2262 Dec. 12, 1996 DATE UNAPPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS THURSDAY, SEPTEMBER 11, 1997 BOARD OF APPEALS MEMBERS: STAFF LIAISON: MEMBERS ABSENT: CALL TO ORDER 7:30 P.M. CITY CENTER COUNCIL CHAMBERS 8080 MITCHELL ROAD Chair Kathy Nelson, Cliff Dunham, Delavan Dye, William Ford, Louis Giglio, Matthew Hansen, Michael O'Leary Zoning Administrator Jean Johnson and City Recorder Barbara Anderson Dunham and O'Leary Chair Nelson called the meeting to order at 7:30 p.m. ROLL CALL Board Member,) Dunham and O'Leary were absent. 1. APPROV AL OF AGENDA MOTION: Dye moved, seconded by Giglio, to approve the agenda as submitted. Motion carried 5-0. II. APPROVAL OF MINUTES -August 14, 1997 MOTION: Dye moved, seconded by Ford, to approve the August 14, 1997 Minutes of the Board of Adjustment and Appeals as submitted. Motion carried 5-0. III. VARIANCES A. Request #97-10 by Prairie Center Properties, LLC for Moore Leasing, Inc. For 250 Prairie Center Drive 1) To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only.) Applicant is appealing stafrs decision. 2) Utilize 2,568 square feet of area of the site for outdoor storage and display (Code permits a maximum of 2% or 720 square feet, for a building in Commercial Districts only). 3) To allow outdoor storage on 11% (15 parking stalls) of the required parking stalls (Code permits a maximum of .005 or 1 parking stall for buildings in Commercial Districts only). 4) To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway), and 5) To reduce the required parking on site from 135 existing spaces down to 120 spaces. 11 BOARD OF ADJUSTMENTS AND APPEALS MINUTES September 11, 1997 Page 2 Robert Moore, 12306 Oxbow Drive, reviewed his request for variances for outside parking of up to 15 vehicles on the site. He read letters from the Goodyear Store and the Eden Prairie Car Wash in support of the variance request. He stated he would comply with any stipulations the Board may put on an approval. Mr. Johnson spoke on behalf of the owners of the building in which Moore Leasing is located. They are 75% occupied and they need to keep their tenants to make their business viable. Johnson reviewed the staff report and noted that the parking requirements in the office zoning district are 5 spacesll,OOO, and while this use at present does not pose a problem if the other uses in the building should change it could have an adverse impact. Nelson asked what efforts the proponent had made to locate other space for his business and Moore responded that they had been located in the warehouse district but found it was too expensive. They want to remain in their present location in Eden Prairie as this site has been good for their business. They need to have some sort of parking on the site in order to be able to show prospective customers some of the vehicles available. He had not made an effort to locate other vehicle parking closer to the office. Dye inquired how many car:; he sold per day and Moore responded that his volume was approximately 4-5 vehicles per week. They normally keep 30-40 vehicles on a lot in Maple Grove but that is very inconvenient and it creates a problem when he does not have anything to show prospective buyers. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. Giglio commented he sympathized with the proponent but the ordinance was quite clear and he did not find the hardship other than financial and being self-inflicted. Hansen concurred with Giglio and noted the proponent had represented no vehicles would be on- site. Ford stated he had not found a compromise that would work and he felt he must uphold the office ordinance requirements in this instance. Dye commented that the City Attorney noted that the variances requested by the proponent would set an undesirable precedent if they were approved that the adequacy of open parking at this time was irrelevant, and therefore he did not support the variance request. Nelson stated the City has numerous zones and accommodated many standards, and there are zones where outside storage is permitted and while she could understand the problems involved, variances were granted on more than financial considerations. Since the proponent had not looked at other locations she did not support the variances as requested. MOTION: Dye moved, seconded by Giglio to deny Variance Request #97-10 for fl> BOMJ) OF ADJUSTMENTS AND APPEALS MINUTES September 11, 1997 Page 3 Prairie Center Properties, LLC for Moore Leasing, Inc. For 250 Prairie Center Drive 1) To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only.) Applicant is appealing staff's decision. 2) Utilize 2,568 square feet of area of the site for outdoor storage and display (Code permits a maximum of2% or 720 square feet, for a building in Commercial Districts only). 3) To allow outdoor storage on 11 % (15 parking stalls) of the required parking stalls (Code permits a maximum of .005 or 1 parking stall for buildings in Commercial Districts only). 4) To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway), and 5) To reduce the required parking on site from 135 existing spaces down to 120 spaces for the following reasons: 1. The request deviates from the Office District standards. 2. The applicant has not demonstrated a hardship unique to the property. Economic hardship alone does not constitute an undue hardship, nor does a self-induced hardship. 3. An approval would set a precedent and weaken the spirit and intent of the Code's Office District regulations. Motion carried 5-0. B. Request #97-12 by Property Resources Corporation located at 6851 Flying Cloud Drive to permit the permanent outside storage of up to 6 rental vehicles exceeding three-quarter ton in the 1-2 Zoning District (Code does not permit outside storage of vehicles in excess of three-quarter ton in the 1-2 Zoning District). Michael Seeland, President of Eden Prairie Metro RV & Mini Storage located at 6851 Flying Cloud Drive, reviewed the request and the nature of the business. He stated they had received a variance from the Board of Adjustments a,d Appeals last year to store four rental vehicles on the site. They are requesting a continuance of this variance and an increase to six vehicles and they would like to have the variance be permanent. He showed the area where the vehicles would be stored, and noted they only store four vehicles permanently on the site presently. They have revised their system to address a complaint from the City regarding the parking of trucks in the front of the bUilding. They have three types of rentals, which include local, outbound, and inbound. He described these types of rentals, and noted they have changed their security system to equip all local rentals with a pass code, which is changed on a daily basis, which will allow patrons to gain access to the site when they return rented trucks. The trucks which are stored on the site are used for the local rentals and they deal with Ryder Trucks for the other rentals. He described the system they have put in place to deal with the other rental uses. They intend to have signage on the site which will direct the incoming rental returns to another location which will help alleviate having them parking in the front of the building. He noted that due to staff turnovers, some mistakes in parking had been made, but they were addressing this problem and have implemented training programs 19 BOARD OF ADJUSTMENTS AND APPEALS MINUTES August 14, 1997 Page 5 B. Request #97-10 by Prairie Center Properties, LLC for Moore Leasing, Inc. For 250 Prairie Center Drive 1) To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only.) Applicant is appealing staff's decision. 2) Utilize 2,568 square feet of area of the site for outdoor storage and display (Code permits a maximum 0(2% or 720 square feet, for a building in Commercial Districts only). 3) To allow outdoor storage on 11 % (15 parking stalls) of the required parking stalls (Code permits a maximum of .005 or 1 parking stall for buildings in Commercial Districts only). 4) To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway), and 5) To reduce the required parking on site from 135 existing spaces down to 120 spaces. Durham noted that the proponent was not present. A letter from the proponent and property owner requesting continuance was submitted. MOTION: Dye moved, seconded by Hansen to continue Request #97-10 by Prairie Center Properties, LLC for Moore Leasing, Inc. For 250 Prairie Center Drive 1) To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only.) Applicant is appealing staff's decision. 2) Utilize 2,568 square feet of area of the site for outdoOi storage and display (Code permits a maximum of 2% or 720 square feet, for a building in Cormnercial Districts only). 3) To allow outdoor storage on 11 % (15 parking stalls) of the required parking stalls (Code permits a maximum of .005 or 1 parking stall for buildings in Commercial Districts only). 4) To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway), and 5) To reduce the required parking on site from 135 existing spaces down to 120 spaces until the next meeting to allow the proponent to be present. Motion carried 5-2. O'Leary and Giglio voted no. MOTION: Nelson moved, seconded by O'Leary, that the Board has received an opinion from the City Attorney regarding the information requested, and the Board will take action on this variance request regardless of whether the proponent is present or not. Motion carried 7-0. IV. OLD BUSINESS V. NEW BUSINESS Durham reviewed the requests scheduled for the next agenda. VI. ADJOURNMENT MOTION: Dye moved, seconded by Ford to adjourn the meeting. Motion carried 7-0. The meeting was adjourned at 9: 15 p.m. Prairie Center Properties L.L.C. August 13, 1997 Board of Adjustments & Appeals City of Eden Prairie 8080 Mitchell Road Eden Prairie, :MN 55344 Re: Variance #97-10 On behalf of Prairie Center Properties and Moore Leasing, I respectfully request a continuance of the above referenced variance review. I received word this afternoon that I was needed in Duluth on August 14th. Because of the distance and travel arrangements I cannot be assured of returning in time for the 7:30 p.rn. Board of Appeals meeting. My trip and the late notification puts my tenant Mr. Moore, of Moore Leasing, in a very difficult position. Because the Eden Prairie City Offices had closed, it became necessary to try to contact Board of Appeals members at their residence. I apologize for this inconvenience. Mr. Moore was able to reach Mr. Dunham and discussed the situation with him. Mr. Dunham requested that a letter be delivered to the Eden Prairie City Office requesting a continuance until the next regularly scheduled meeting. Please accept my apologies for any inconvenience my schedule has caused. I trust the rescheduling can be accomplished with your assistance. President 250 Prairie Center Drive, Suite 250, Eden Prairie, MN 55344 612-946-0123 City of Eden Prairie ( iffices 3080 Mitchell Road • Eden Prairie, MN 55344-2230 Phone (612) 949-8300 • TOO (612) 949-8399 • Fax (612) 949-8390 August 15, 1997 Moore Leasing and Sales 250 Prairie Center Drive Eden Prairie, Minnesota 55344 Attention: Bob Moore Su13JECT: Variance Request #97-10 Dear lviI. Moore: Last evening the Board of Adjustment and Appeals voted to continue Variance Request :=::97-10 to the next regular scheduled Board meeting, which will be held on Thursday September 11, 1997. ?lease mark your calendar for this meeting and notify all individuals you may wish to be present at the meeting. The Board l:1di:ated action will occur on the request at the September meetliJ.~. A brief presentation of 5-1 0 minutes would be appropriate if you have additional information to submit to the Board on behalf of the this variance request. No presentation is necessary if there is no additional information. Should you have any questions please call me at 949-8491. Sincerely, '-1: ...... · ~ (,'" -",:J.J..;J.,2.: . .J/,";'::::::t::Z /.. <.Y-JU. v-v Steve Durham Zoning Administrator c: Mark Johnson, Prairie Center Properties L.l. C. G:\,steve\letters\971 Dc BOARD OF ADJUSTMENTS AND APPEALS MINUTES July 10, 1997 Page 3 bobcats for such things as snow removal, which allows them to be kept on their lots. The Public Hearing was opened. Mrs. Gary Kostecka, 10805 Valley View Road, stated she was opposed to the proposed building because of the commercial nature of the equipment moving on and off the property and she believed it would be very difficult to screen the building from her property, which is higher up and would overlook the subject site. Johnson noted that two letters had been received by City staff which were entered into the record. The Public Hearing was closed. Dye commented he thought perhaps Kottke should come back before the Board with a plan which would reflect a specific building size and type. Ford commented that the requested building was very substantial in size and the building should be reduced because the variance requested was large. Hansen concurred it would be nice to see a grading plan and exactly what was being built on the site pad. He did not see any hardship other than the Watershed District was raising the level of the water and he thought perhaps it was more advantageous for Kottke to get the building pad approved than be recompensed for the loss of property due to the raised water levels. O'Leary commented he believed the variance was too great and the proposed building was too large. He would prefer to see the building reduced and moved to reduce the variances. MOTION: Ford moved, seconded by Dye, to deny Variance Request #97-09 by John Kottke for 7665 Smetana Lane to construct a 30' X 90' metal building 30 feet from the front property line and 70 feet from Nine Mile Creek on the basis that no hardship was shown and the size of the proposed building was excessive. Motion carried 5-0. B. Request #97-10 by Prairie Center Properties, LLC for Moore Leasing, Inc. For 250 Prairie Center Drive 1) To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only.) Applicant is appealing staffs decision. 2) Utilize 2,568 square feet of area of the site for outdoor storage and display (Code permits a maximum of 2% or 720 square feet, for a building in Commercial Districts only). 3) To allow outdoor storage on 11% (15 parking stalls) of the required parking stalls (Code permits a maximum of .005 or 1 parking stall for buildings in Commercial Districts only). 4) To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway), and 5) To reduce the required parking on site from 135 existing spaces down to 120 spaces. Jeanette PoheIman, Property Manager for Prairie Center Properties, LLC, requested that the Board approve the variance requests so she will be able to keep her tenant, Moore BOARD OF ADJUSTMENTS AND APPEALS MINUTES July 10, 1997 Page 4 Leasing, Inc. In her building. Bob Moore, President of Moore Leasing, Inc. stated they were asking permission to park no more than 15 vehicles in front of the building for a short time. This will prevent his losing business because the vehicles are not readily accessible when the demand is there, and having the cars parked on the site would enable him to make sales more easily and thus to remain in business. He noted he had lost a sale because a desired vehicle was not available immediately, and he could not afford to have this continue. He stated his was a small operation and he did not desire to have it grow larger. He showed pictures of the site and what it would look like with 14 vehicles parked on the lot. He noted that it did not appear any different than any other similar parking lot, and there was ample parking remaining on the site. He descnbed how his business was conducted and noted that there was no signage other than an 8.5 X 11 sheet of paper placed inside the vehicle descnbing the vehicle and listing the price. Poehlman stated she had received two letters of complaint during the time he had been in business in Eden Prairie; one from the manager of the Eden Prairie Center and he believed those concerns had been addressed buy not allowing any unloading to occur in the Eden Prairie Center parking lot during business hours. Moore commented that he would like to visit with the gentleman from Eden I'airie Center because people who buy cars from him to right across to the Eden Prairie Center to shop. The loss of business is creating a hardship for him which is why he is requesting the variances. Dye inquired how much space was leased by the proponent and Poehlman responded that Moore leased 12,00 sq. ft. Hansen inquired if the purpose of the business had been made clear when the space was leased, and Poehlman responded affirmatively, noting that Bob Moore had been a good tenant during the 1.5 years he had least space from her, and she would like to have him remain there. Discussion ensued regarding the property owners and how they felt about this use of their property. Moore stated they were not interested in getting any larger and would not come back before the Board later to request additional variances. He stated he lives in Eden Prame, works in Eden Prairie, and would like to remain in Eden Prairie, but he needs the variances to do so. O'Leary referenced a letter from Bob Moore stating there would not be any vehicles displayed or stored outdoors and this was the basis on which he obtained his dealership license from the City for this location. Moore stated he was requesting the variances because he has found there is a need to have some vehicles stored on the site so he would not lose sales because the vehicles were stored elsewhere. Dye inquired if another prospective car leasing tenant wanted to lease space would Poehhnan rent to them, and Poehlman responded that she would not because it was not good business to have more than one use in the same building at the 'ame time. Moore commented that most people want to look at cars in a relaxed atmosphere and do not want to drive 45 minutes or more to look at a car. Ford referred to the complaints included in the packet and asked why the proponent was BOARD OF ADmSTMENTS AND APPEALS MINUTES July 10, 1997 Page 5 displaying vehicles outdoors when he knew it was against the ordinance. Moore responded that he wants to have 15 cars displayed but was amenable to having 12 if the Board believed that number was more appropriate. Ford asked about using other commercial space in Eden Prairie which would suit his purpose and not require a variance and Moore responded that they don't want to move as this is a good location for this business. Ford asked about the banners and Moore responded that it was only a magnetic sign on the side of one vehicle and there was nothing painted on any windshield of a vehicle. This has not been done for over a year, and the only signage they use is a sheet of 8.5" X 11" paper listing the vehicles available and the prices. Johnson gave the staff report and reviewed the car dealership history in Eden Prairie. She reviewed the options available to the Board and noted that if the variances were approved staff recommended that the stipulations listed in the staff report be added to the approval. Two letters in opposition to the variance request have been received by staff and are entered into the record. Hansen inquired if the proponent had given any other hardship than an economic one and Johnson responded that was the only one given. Hansen inquired if there were any other areas that could be used that would not need a variance and Johnson responded there were :'everal commercial sites which could be used, but these may also require .. some variances, depending on the amount of outdoor display. Industrial Districts are also available for this type of tenant. Moore stated he was located on Washington Avenue when he first opened his business in Eden Prairie and that was not a good location. He has since been able to turn the business around after locating it at the present location, and it is very expensive to relocate a business. Discussion ensued regarding the benefits of the business being in it's present location and the potential for rezoning the property to commercial to eliminate the need for some of the variances. Johnson noted that a rezoning application would need to be made by the property owners and go through the reviewal process before that could happen. Carol Pinski, Business Manager for Moore Leasing, Inc., explained that they do not want a larger business because they had worked seventy hour weeks for too many years, and this business was just the right size for them. Dye asked if they had considered relocating to a commercial property and Moore responded affirmatively, but none of these properties were feasible for this type of business. Dye commented he believed if the variances were granted it would be extremely precedent-setting for the City of Eden Prairie, and noted that the City has to follow its ordinances. Discussion ensued regarding whether the variance request was for a variance in use, and it was noted that the Board is not allowed to grant variances to uses. Johnson stated that staff believed this was not a permitted use, and the City Attorney had concurred with that 9$ BOARD OF ADJUSTMENTS AND APPEALS MINUTES July 10, 1997 Page 6 finding. However, it was the proponent's right to appeal this determination, and Poehlman requested that the City Attorney deliver this opinion in writing. Ford stated that any district use change must be granted by the Planning Commission and City Council. Dye stated that they were making a precedent decision, that they should adhere to the ordinance regarding the pennitted usage of this property and uphold the staff position that no outside display or storage should be pennitted. He believed the variance should be denied and the proponent could appeal that decision to the City Council ifhe so wished. If the variance were to be approved it would send a message to staff and the City Council that they believed this should be a pennitted use in this zoning district. Discussion ensued regarding the action the Board should take on this item. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. MOTION: O'Leary moved to deny the request for variances because the proponent has failed to demonstrate hardship. Motion failed for lack of a second. MOTION:Dye moved, seconded by Ford, to continue the request for 30 days to obtain a written opinion from the City Attorney on this request for a variance from the use provisions of the ordinance. Motion carried 4-1. O'Leary voted no because he felt the variance requests should be denied. IV. OLD BUSINESS V. NEW BUSINESS Johnson noted that the Radiator variance request was appealing the Board's decision to the City Council, and the Council would set a date to hear that appeal at the next meeting on July 15th. Johnson noted that there were several outside storage and display requests that would be coming before the Board in the near future. VI. ADJOURNMENT MOTION: Ford moved, seconded by Dye to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 9:30 p.rn. October 27, 1997 Community Development City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Re: Prairie Center Properties petition (#97-10) As the owners ofREIMAX Results and the owners of the REIMAX Results buildinr. at 11200 West 78th Street (comer of Prairie Center Drive and West 78th Street), we are formally stating (again) our objection to allowing Prairi~ Center Properties the above referenced variance (#97-10) at 250 Prairie Center Drive, Eden Prairie. We don't believe such activity as Prairie Center Properties is proposing fits with the integrity of a business office area and can only negatively affect our property value. If Prairie Center Properties wants to run a quasi used car lot, and it has looked like that on occasions, they need to find property or land appropriately zoned for such activity! Sincerely, Bill Saunders /iLe <::-/'~~llOPY Internet Address: http://www.remaxhq.com/results @ = ~a:/AA~V® ~/"i~ Results 11200 West 78th Street Eden Prairie, MN 55344 Office: (612) 829-2900 GENERAL GROWTH PROPERTIES, INC. City of Eden Prairie, City Offices 8080 Mitchell Road Eden Prairie, MN 55344-2230 July 8, 1997 Attention Jean Johnson, Zoning Administrator RE: VARIANCE REQUEST FOR MOORE LEASING, INC. Dear Jean, Confirming our telephone conversation of july 7 regarding the Moore Leasing, Inc. variance request, if the requested action results in continued use of our parking lot area to load and unload vehicles from their trucks, we oppose the action. Moore Leasing, Inc. has used our Target parking lot for the purpose of loading and unloading vehicles from their truck. After unloading the vehicles, they park them in the Suburban Place parking lot. They have not requested access to our lot for that purpose but have chosen to assume that we approve. Eden Prairie Center will not permit the continued use of our parking lot for those purposes due to the increased liability for accidents resulting from the Moore Leasing, Inc. operations. Should you have further questions regarding the issue, please contact me at 941-7650. Sincerely, ~ C.A. CADWELL Operations Manager Eden Prairie Center 1018 Eden Prairie Center Eden Prairie, MN 55344 6 1 2/94 1-661 8 1_1 RECEIVEDJUL • 0 1997 July 9, 1997 Board of Adjustments City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Re: Prairie Center Properties petition (#97-10) As the owners of REIMAX Results and the owners of the REIMAX Results building at 11200 West 78th Street (comer of Prairie Center Drive and West 78th Street), we are formally stating our objection to allowing Prairie Center Properties the above referenced variance (#97-10) at 250 Prairie Center drive, Eden Prairie. We don't believe such activity as Prairie Center Properties is proposing fits with the integrity of a business office area and can only negatively affect our property value. If Prairie Center Properties wants to run a quasi used car lot, and it has looked like that on occasions, they need to find property or land appropriately zoned for such activity! Sincerely, Bill Saunders ~~ J / ~' . t2. John Collopy Internet Address: http://www.remaxhq.com/results Rli'M~® Results 11200 West 78th Street Eden Prairie, MN 55344 Office: (612) 829-2900 City of Eden Prairie r···· Offices 6";00 Mitchell Road • Eden Prairie. MN 55344-2230 Phone (612) 949-8300 • TOO (612) 949-8399 • Fax (612) 949-8390 September 27, 1996 Moore Leasing 250 Prairie Center Drive, Suite 315 Eden Prairie, N1N 55344 To Whom It May Concern: It has been brought to the attention of the City Zoning Administration that an object on your property does not meet code specifications. An administrator has inspected the site and confinns that a banner advertising the "leasing of 1000 cars" is being displayed by using a vehicle as the support. All banners are prohibited by the City code unless they coincide with a grand opening. Please take the necessary actions to correct the situation by October 3, 1996. We appreciate your cooperation! Krista R. Flemming Planning Intern barb\jean\Jeaers\moore.464 30 f 01 E-d~n PTaiji~ O"tficss , ivlitchsll Road • Eden Prairie, ivlN 553Ll-2230 ,e (612) 949-8300 • TOO (512) 949-8399 • Fa'( (612) 943-8390 Jan. 15,1997 Ms. Jeanette poehlman Suburban Place 250 Prairie Center Drive Eden Prairie,Mn. 55344 Re: Tenant: Moore Leasing Dear Ms. Poehlman: /\s a follow up to our telephone conversation of 1-14-97, I am forwarding to you the following information: 1. Zoning Code pp. 11-18,11-19,11-23,11-29,11-30,11-15, related to outside equipment ,supplies/merchandise(merchandise for a car dealer or lessor are vehicles), limitation on District uses, and Office District regulations. 2. Variance Code requirements and application form, includes Code pp. 11-97,2-6,2-7. To clarify item 1, p. 11-18, a principal use is a use such as A to Z Rental, the owner/ major occupant of a building. This would not apply to an accessory tenant in a building. Also, outdoor placement of merchandise is limited to property zoned Commercial and has further limitations on number of parking stalls which can be used. Please review these items and then contact me. City staff will be available to meet with you and discuss Moore Leasing's outside parking of lease vehicles. Thank you for your cooperation to date Respectfu~ ~hnson. Zoning Administrator baro~eanlJecters\moor464 llm797 09:20 FAUln~ 00 HE L~ASING A NOS A L. e s z-_-..oIIL.II --- • Eden Prairie. Minnesota 55344 • {612} 941-2.931 -, . 1. Do you charge athletic associations for use of ball fields for I Yes I Yes I No I Yes I No I Yes I No I No I Yes I No I Yes tournaments? 2. [f the answers is yes. what is the fee for: S6O/ day -state, regional, national soccer fields with lights S20/2S/game S3SnS/day S3S/30/hour They are are SI6/day96/day+ 20ihr S3S/2Slhour S3S/day + SIO/field allowed certain with lights softball fields with lights S20/2S/game S3Sn5/day S35/301hour things. ifthey Slllhr/66/day+20Ihr S3S/251hour S3S/day + SI O/field need more they with lights baseball fields with lights S20/25/game S35n5/day S35/301hour are charged Slllhr/66/day+ 20/hr S3S125lhour S3S/day + S 10/fieid extra. with lights 3. Do you charge athletic associations for use of fields for regular I No I Yes I No I Yes.only travel I No No No No No No No league play'? If the answer is yes. what is the fee? baseball fields S6/participant Flat soccer fields $6/participant S65/seasollifield softball fields S6/participant Flat S65 " football fields Flat S65" 4. Do you charge athletic associations for use of fields for second No No No Yes. for travel I No I No I No I No I No I No I No seasons (fall softball, fall soccer, etc.)? bringing in teams. ...cl [f yes. what is the fee for: soccer fields Same $65/field baseball fields SameS65 softball fields Same 565 5. Do you charge Hockey Associations for use of outdoor rinks? No Yes No No I No I No I No I No I No I No I No [fyes. what is the fee for exclusive use of hockey rinks? __ S6/participant 6. What is your f~ per hour for prime time ice rental for indoor ice? S100+tax SilO I S130 I S130 1997/S135 I S125 5140+ I S131) I No indoor ice I 1997/S117.50/hr 111198 Summer'98 tax SI10+ta."'{ 5110 Winter'98 $140 7. Do you have an indoor swimming pool? Yes Yes No No No No No No No No Yes [fyes. what is your rental fee for swim team rental usage ofthe entire $IOllane Edina Swim S35/hour pool per hour? Team the only team that uses: Free -C Haveyouevenieteriniiledthe subsidy levet]h~ city ptovides the' various athletic associiitions in relation to theopetiitionaltOSl to .. ,.:p,f~~ew~~t~~i;ti~! ;::'_:,",':\.>,.';.~; >:;:1; . 'If yes, wha:t is the subsidy level (cost per p~rticipaiti) for: softball. _____ _ baseball ____ _ policies of other communities in the metro area or based on a. philosophy of providing services at iittle or no cost to the residentS? a. _ Based on the practice of other communities in the metro area. b. _ Based on providing services at little or no cost to the residents. 10. Is the philosophy different for outdoor facilities compared to indoor facilities survey.tabilambert97 September 13,1997 :;-'.'-: : -".~: 90%-10% 'X No : -.. ~. .~ ",-, ~::.: ~ .. : x x .. Nl> oj ... :". x No x x I ' I I I ' x x x x x No No No No Yes. at Commumty No No Center : ..... : - Community Center Ice Arenas; Standard Size Rink and Olympic Size Rink Community Center Pool • NNarsity Hockey Practices & Games at prime time rate • Girl's Hockey Practices & Games • Cheerleaders Professional Line Practices at prime time rate • Phy Ed; Broomball • High School Boy's & Girl's Swim Team & Diving Teams • High School Synchronized Swim Team • High School PhyEd Program • High School Track & Cross Country $7,135 (Boy's & Girl's Varsity Games) gate receipts from 1996. $24,690 (Boy's & Girl's Varsity) N Hockey Practice $575 $6,905 $40 (Track) $168 (P.E.) $7,160 (LGT) $5,389 (Girls) $5,558 (Boys) $4,556 (Syncro) PROJECTED FEES & CHARGES FOR 1998 CITY FACILITIES USED BY THE SCHOOL DISTRICT -0- NIA for swim teams or P.E. 10/hr lifeguard for group where no lifeguard is on duty -0- No fee charged for canoe use at marina for EPHS P.E. $7,135 (Boy's & Girl's Varsity Games) gate receipts from 1996. $24,690(Boy's & Girl's Varsity)N Hockey Practice $575 $6,905 $40 (Track) $168 (P.E.) $7,160 (LGT) $5,389 (Girls) $5,558 (Boys) $4,556 (Syncro) • Girl's Varsity and N will play full-time at the Community Center in 1998. Cost will vary depending upon ticket sales. • The School District receives a 50% discount on the non-prime time ice rate for High School Phy Ed (broomball) which would be $47.50/hour in 1998. • 1996 rate beginning April 1: Rink # 1 & #2 = $115/hour pri me time • 1997 rate beginning January I: Rink #1 & #2 = $ 117.50ihour prime time • 1998 proposed rate beginning January·1: Rink #1 & #2 = $ 130/hour prime time, and $95ihour non-prime time • The School District is given a pool rental rate discount for the High School Phy Ed program which would be $43ihour in 1998. • $50/hour for the whole pool 1998. • The pool rental rate has been $35ihour for the whole pool since 1989. • The projected fees charged in 1998 for P.E. and LGT will be about $4,000 less than received in 1996, because aquatic administrative cost is no longer included in this fee. Community Center I • Phy Ed Classes $3,420 -0--0-$3,420 Racquetball Courts Outdoor Center I .. Miscellaneous $160 -0--0-$160 ~ • Currently, the School Distriot is ch"ged the same fee as other City programs and .... ' <"'i®ID~" *'::::*:t~&*,~,~ . A hl . A .. ~::@'".",' Mf?:m:l%.i~:,'~~~:· groups, I.e., t etlc ssoclatlons. meetings ~~lil.'Jllil.~ . Currently, the $20/hour facility rental is applied towards the $25 flat fee for staffmg. • In 1998, the School District will be charged a flat fee of 530 to open and close the facility. • Other City groups, i.e., Athletic Associations are required to provide a $50 deposit. No deposit required by the School District. ------.................................... Staring Lake Sliding I· School District -0--0--0--0- • • The School District is currently charged the same fee as other City Flill Parties groups, i.e., Athletic Associations. 1996 sliding hill • In 1998, the School District will be charged 510/hour. canceled due to • Other City groups, i.e., Athletic Associations are required to provide a poor weather. 550 deposit. No deposit required by the School District. Forest Hills & • School District -0--0--0--0-111111·11111111·1111·11·11111111111·1111~1·11111~11111111111111111 • Warming house keys are given to the school staff for free use of the Prairie View Parties warming houses December -March. -I Warming Houses ~ I Staring Lake Park • School District $65/balf day -0--0-565 • : ~~i~~~;~~::~~~;~~~~~~:~~~, Shelter, Round Lake Parties 5120/full day Park Building, Homeward Flills Park Building, . Miller Park Shelter 550 deposit. No deposit fi~quired by the School District. ........................................ -...... -.-.. -..• -.-.-.-.... Round Lake Park • School District $65/balf day -0--0--0-:·llljllllllll:~II'11111.1111·1:'j·:llllilll~1 • The School District is currently charged the same fee as other City Pavilion Parties $l20/full day groups, i.e., Athletic Associations, which is 565/half day or $ 120/full day. • Other City groups, i.e., Athletic Associations are required to provide a $50 deposit. No deposit is required by the School District. • The Round Lake Park pavilion will be available to the School District in 1998 at no charge (staffmg not required). -~ City Center Heritage Rooms Round Lake Park & Holasek Tennis Courts Staring Lake Park Amphitheatre City96.use:1.aurie97 October 28. 1997 • Miscellaneous $450 -0- Programs and Meetings • Varsity -0--0- Practices and Games • High School PhyEd • School District -0--0- Parties $7.50 $457.50 There is no charge to use the room; however, there is a setup charge of (AV $35 for a quarter of the Heritage Room, a setup charge of$50 for half the equipment) Heritage Room, and $100 setup charge for the whole Heritage Room, if special setup is required. This is the same fee charged to other City groups, i.e., Athletic Associations . ...•.•.•.. -.-... -..... -........... -.-.-... ~-•.. -.-.-.-.-.-.-..... -... -... -.-.-.-.-.-.-.-.-..• -.-•.. -.-•.... -0--0--The School District is not charged to use the City's tennis courts. However, schedules are required to avoid conflicts with City tennis league and lesson programs. -0--0-1IIIIIillllllllllllII111'llrtl~1 . ~;~~~~' the facility rental fee to the School District for this facility is • If use of the sound system is required a $20lhour fee will be required. l::;:::::::i:~::::::::i:::-i::~::::::i::~::!::i:::~~~f:;:~::::::$::~:::~~~i:i::i::::::::~l::~:::::::::::::::::::::::::::::::::::::::::::~:~~::::::::~:~~~::::=::~::::::::~::::::x~::::::~::::?~::::::::;:~~:::::::~~:~:::~::::~.:::~~~~:;::*::::::::~::::~:::~:~:::::::x:~ti::::::::::::::;::;:;::::~:::::;::::~::::~:::::~;: $66,278.50