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HomeMy WebLinkAboutCity Council - 02/06/1996AGENDA SPECIAL CITY COUNCIL MEETING WORKSHOP TO DISCUSS NSP ISSUES OF UNDERGROUNDING DISTRIBUTION LINES. FRANCHISE FEES, AND DEVELOPER AGREEMENTS TUESDAY, FEBRUARY 6,1996 COUNCILMEMBERS: CITY COUNCIL STAFF: ROLLCALL I. CALL MEETING TO ORDER 6:00 I'M, HERITAGE ROOM IV (5:30 PM, Dinner) Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thorfinnson, Jr. and Nancy Tyra- Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Public Works Gene Dietz, City Engineer Al Gray and Council Recorder Jan Nelson ll. DISCUSSION ONNSPISSUES OF UNDER GROUNDING DISTRIBUTION LINES , FRANCHISE FEES, AND DEVELOPER AGREEMENTS ID. OTHER BUSINESS IV. ADJOURNMENT AGENDA JOINT EDEN PRAIRIE CITY COUNCIL AND HOUSING & REDEVEWPMENT AUTHORITY TUESDAY, FEBRUARY 6, 1996 COUNCILl\mMBERS: HOUSING & REDEVELOPMENT AUTIIORITY MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thonmnson, Jr., and Nancy Tyra- Lukens Jean Harris, Patricia Pidcock, Ronald Case, Ross Thonmnson, Jr., and Nancy Tyra-Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PRESENTATION OF 1994 OUTSTANDING ACHIEVEMENT AWARD FOR PEDESTRIAN SAFETY FROM AAA I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. OPEN PODIUM m. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY. JANUARY 2. 1996 B. JOINT WORK SESSION CITY COUNCIL/HENNEPIN COUNTY COMMISSIONER RANDY JOHNSON HELD TUESDAY. JANUARY 16. 1996 C. CITY COUNCIL MEETING HELD TUESDAY. JANUARY 16. 1996 D. CITY COUNCIL/STAFF WORKSHOP HELD TUESDAY, JANUARY 23. 1996 IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST City Council Agenda Tuesday, February 6, 1996 Page Two B. 1ST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 2.32 FOR ISSUANCE OF CITATIONS C. RESOLUTION RECEIVING PETITION AND AUTHORIZE FEASmILITY STUDy FOR PUBLIC IMPROVEMENTS TO HIGHVIEW DRIVE, LAKELAND TERRACE AND LAKELAND CIRCLE, I.C. 96-5406 D. APPROVE LICENSE AGREEMENT WITH DNR FOR UTILITY CROSSINGS OF RILEY CREEK IN BEARPA TH 3RD ADDITION E. APPROVAL OF COOPERATIVE LAW ENFORCEMENT AGREEMENT F. RESOLUTION AMENDING RESOLUTION NO. 96-1, REGULATING FEES AND CHARGES FOR MUNICIPAL SERVICES FOR CITY CENTER AND COMMUNITY ROOMS G. RESOLUTION AUTIlORIZING TIlE ISSUANCE AND SALE OF $1,340,000 VARIABLE RATE DEMAND INDUSTRIAL DEVEWPMENT REVENUE BONDS, SERIES 1996, FOR CHALLENGE PRINTING, INC. PROJECT H. 1st READING OF AN ORDINANCE AMENDING PARK USE ORDINANCE, CITY CODE SECTION 9.04 I. RESOLUTION AMENDING RESOLUTION NO. 96-1, REGULATING FEES AND CHARGES FOR THE COMMUNITY CENTER V. PUBLIC HEARINGSIMEETlNGS A. KINDER CARE -SHADY OAK ROAD by Tandem Corporation. Request for Zoning District Change from Rural to Neighborhood Commercial on 1.7 acres, Site Plan Review on 1.7 acres and Preliminary Plat of 4.83 acres into 2 lots. Location: City West Parkway and Shady Oak Road. (Ordinance for Zoning District Change and Resolution for Preliminary Plat) B. ROGER'S COMMERCIAL GUIDE PLAN CHANGE by Roger Lindeman. Request for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.91 acres. Location: 9125 Flying Cloud Drive. (Resolution for Comprehensive Guide Plan Change) City Council Agenda Tuesday, February 6, 1996 Page Three C. COLUMBINE TOWNHOMES by Cornerstone/Equities LLC. Request for Comprehensive Guide Plan Change from Office to Medium Density Residential on 3.3 acres, PUD Concept Amendment on 15.3 acres" Zoning District Change from Rural to RM-6.5 on 3.3 acres, PUD District Review on 3.3 acres, Site Plan Review on 3.3 acres, and Preliminary Plat of 3.3 acres into one lot, and request of the Council and Housing and Redevelopment Authority for approval of a Tax Increment Financing (TIF) Plan and Project Plan for the Columbine Townhomes. Location: Columbine Road, North of the Post Office. (Resolution for Comprehensive Guide Plan Change, Resolution for PUD Concept Amendment, Ordinance for Zoning District Change and PUD District Review and Resolution for Preliminary Plat, and Resolution for thJ City Council approving Tax Increment Fmancing Plan and Project Plat4 'nd Resolution for the Housing and Redevelopment Authority (BRA) adopting Tax Increment Financing Plan and Project Pla~ VI. PA YMENT OF CLAIMS VIT. ORDINANCES AND RESOLUTIONS A. 1ST READING OF AN ORDINANCE CHANGING STREET NAME OF OLD COUNTY ROAD 18 B. 1ST READING OF AN ORDINANCE AMENDING CITY CODE CHAPI'ER 2. SECTIONS 2.10. 2.16. 2.21 AND 2.29 RELATING TO BOARDS & COMMISSIONS vms PETITIONS. REOUESTS AND COMMUNICATIONS A. REQUEST FROM TOM MORGAN FOR A MARCH 12. 1996 HEARING DATE TO APPEAL VARIANCE #95-31 IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. City Manager Performance Review Process C. REPORT OF DIRECTOR OF PARKS. RECREATION & FACILITIES 1. Letter from Thomas Lindquist regarding Duck Lake 2. Storm Damaged Tree Hauling Policy City Council Agenda Tuesday, February 6, 1996 Page Four D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY G. DIRECTOR OF ASSESSING 1. Appointment of Special Board of Review and Setting 1996 Meeting Date for Thursday. April 25. 1996 at 7:00 PM XII. OTHER BUSINESS xm. ADJOURNMENT TO: THROUGH: FROM: DATE: MEMORANDUM Mayor and City Council Carl Jullie, City Manager Jim Clark, Chief of POli~ January 18, 1996 SUBJECT: 1994 Outstanding Achievement Award for Pedestrian Safety JoAnne Boche, Traffic Safety Manager (for AAA Minneapolis), will present the City with the 1994 Outstanding Achievement Award for Pedestrian Safety at the February 6th Council meeting. Eden Prairie was one of only three communities in Minnesota to receive the award. Application for the award was submitted by Safety Education Officer Curt Oberlander. Attached you will find supporting information supplied by AAA Minneapolis. cc Lt. Bosacker NEWS RELEASE 5400 Auto Club Way. Minneapolis, MN 55416-2576 Minneapolis PHONE (612) 927-2671 • FAX (612) 927-2559 AAA MINNEAPOLIS HONORS EDEN PRAIRIE FOR PEDESTRIAN SAFETY EXCELLENCE November 1995 FOR IMMEDIATE RELEASE Contact: Andrea Carter (612) 927-2671 AAA Minneapolis recently announced that. the city of Eden Prairie has earned an Outstanding Achievem.ent Award for Pedestrian Death and Injury Record in the 56th annual AAA Pedestrian Protection Program. This program, designed to stimulate community concerns and involvement in pedestrian safety, seeks safer conditions for pedestrians through cooperative action and communication among local program managers, traffic engineers, police and safety organizations. The Pedestrian Outstanding Achievement Award is presented to only 223 communities in the united states. Just three other cities in Minnesota received the award this year: Maple Grove, West St. Paul and Mendota Heights. -MORE - PEDESTRIAN PROTECTION PROGRAM/2222 In 1939, the program began in response to pedestrian fatalities that had reached 12,400 a year. By 1993, the number of fatalities had been reduced to 5,638 a year, and the pedestrian death rate continues to decline. "These cities serve as great examples for other cities in the state of Minnesota," said JoAnne Boche, traffic safety manager, AAA Minneapolis. "And as the program continues to grow and strengthen each year, it proves how dedicated these communities are to pedestrian safety." Winners were selected by an independent panel of traffic safety professionals. The awards will be officially presented to the police chiefs and mayors of each city by AAA Minneapolis at a future city coun~il meeting. AAA Minneapolis is the local affiliate of the American Automobile Association, a not-for-profit organization providing motoring, travel, insurance and financial services to more than 145,000 members in Hennepin County. ### UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 2,1996 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL All members were present. Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thonmnson, Jr. and Nancy Tyra- Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PROCLAMATION FOR THE MARTIN LUTHER KING, JR. CELEBRATION Mayor Harris read the Proclamation declaring January 11, 1996, as a celebration day in honor of Martin Luther King, Jr. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens pulled item IV.B. RESOLUTION 96-01 REGULATING FEES AND CHARGES FOR BUSINESS LICENSE PERMITS AND MUNICIPAL SERVICES for discussion. Jullie added item XI.B.2. Award Contract for Service of City's Radio System. City Attorney Pauly noted that he had distributed a revision for item IV.J. RESOLUTION 96-09 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVEWPMENT AUTHORITY MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried unanimously. n. OPEN PODIUM m. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 19, 1995 Case changed sentence 1, paragraph 7, page 7, as follows: "Case said his calculations showed Mr. Dietz I s numbers to be an increase of $700 per single- family platted lot on future developments. " T[[A I CITY COUNCIL MINUTES January 2, 1996 Page 2 MOTION: Pidcock moved, seconded by Case to approve the minutes of the City Council meeting held Tuesday, December 19, 1995, as published and amended. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S UCENSE UST B. RESOLUTION 96-01 REGULATING FEES AND CHARGES FOR BUSINESS LICENSE PERMITS AND MUNICIPAL SERVICES C. RESOLUTION 96-02 DESIGNATING THE OmCIAL CITY NEWSPAPER D. RESOLUTION 96-03 AUTHORIZING CITY OmCIALS TO TRANSACT BANKING BUSINESS E. RESOLUTION 96-04 DESIGNATING DEPOSITORIES F. RESOLUTION 96-05 AUTIlQRlZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS G. RESOLUTION 96-06 AUTIIORIZING THE TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS H. RESOLUTION 96-07 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROYAL I. RESOLUTION 96-08 AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE J. RESOLUTION 96-09 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVEWPMENT AUTHORITY K. RESOLUTION 96-10 CALLING FOR A PUBliC HEARING TO CONSIDER ESTABLISHING A TAX INCREMENT FINANCING (TIE mSTRlCT L. EDEN HILLS CONDOMINWMS by Brenwood Development Corporation. 2nd Reading of Ordinance 1-96 for Zoning District Change from Rural to RM-2.5 on 3.3 acres; Adoption of Resolution 96-11 Approving Site Plan Review and Approval of a Developer's Agreement for Eden Hills Condominiums by Brenwood Development Corporation. Location: Franlo Road, south of Prairie Center Drive. (Ordinance 1-96 for Zoning District Change and Resolution 96-11 for Site Plan Review) r---------------------------------------------- CITY COUNCIL MINUTES January 2, 1996 Page 3 MOTION: Case moved, seconded by Pidcock, to approve Item A, and Items C-L of the Consent Calendar, with Item B deleted. Motion carried unanimously. Regarding item B, Tyra-Lukens said the memo does not address some of the Council's concerns about the historical rationale for the fund balance and how the fund has been maintained. She asked why we feel we don't need more than a $1 million balance. Director of Public Works Dietz said he did not hear the request to provide historical data. He said that last year we discussed a $1 million balance for the fund, and we need to maintain a balance because we pay bills with the fund. There are fluctuations in billing for metro sewer and water and we may have a wet year where we do not sell as much water. He noted that we are recommending we add 5 cents per 1,000 gallons on sanitary sewer, a 1.6% increase. Thorfinnson said he didn't understand why we don't need the increase that we said we did before. Dietz replied he was using his own judgment because the balance appeared to be going down since he became involved in setting water rates two years ago. Thorfinnson said he thought the question was what level is required if a reserve is necessary. Dietz said we talked about maintaining a lower balance in the fund because we are now trying to make a steady raise in the yearly rates. This will get us where we need to be in 1988 when the operating costs will be higher. At that time the new water plant will be on line but we will not yet have the population numbers to pay for it. Harris said it would be useful to the Council to have a written report on the history and a process for ensuring solvency going into the future. Case said he would like to see future rate increases factored with the forecast as much as possible. Dietz said he could provide some type of report back but would not be able to provide a five-year projection for the next meeting. Thorfinnson suggested a five or ten-year projection be done at the same time as the budget meetings occur and that cash flow needs would be helpful. Tyra-Lukens and Thorfinnson agreed to meet with Dietz to discuss the issue in depth before the report is presented at the next meeting. Dietz will provide long term projections before the June meetings. Pidcock noted it would be good for the Council members to understand the items on the utility bill in order to answer questions from residents. MOTION: Case moved, seconded by Pidcock to adopt Resolution 96-01 without Section 2.40.A. User Charges. CITY COUNCIL MINUTES January 2, 1996 Page 4 AMENDMENT TO THE MOTION: Case moved, seconded by Pidcock, to adopt Resolution 96-01 Regulating Fees and Charges for Business License Permits and Municipal Services, with Section 2.40 A. User Charges changed from $2.00 to $1.95. Motion carried unanimously. VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. V. PUBliC HEARINGS/MEETINGS VI. PAYMENT OF CLAIMS Regarding item 37633, Harris asked why we are purchasing binoculars. Jullie said this is part of the City's employee recognition program for 25 years of service. MOTION: Thorfinnson moved, seconded by Pidcock, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfmnson, Tyra-Lukens and Harris voting "aye." vu. ORDINANCES AND RESOLUTIONS VID. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS x. APPOINTMENTS A. RESOLUTION 96-12 DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 1996, AND APPOINTING AN ACTING MAYOR Harris said the position of Acting Mayor traditionally has been given to the longest serving Council member. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adopt Resolution 96-12 designating the official meeting dates, time and place for the City of Eden Prairie Council in 1996, and appointing Councilmember Pidcock as Acting Mayor. Motion carried unanimously. B. RESOLUTION 96-13 DESIGNATING TIlE DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 1996 MOTION: Tyra-Lukens moved, seconded by Case, to adopt Resolution 96-13 designating Mayor Harris as Director and City Manager Jullie as Alternate Director to the Suburban Rate Authority for 1996. Motion carried unanimously. CITY COUNCIL MINUTES January 2, 1996 Page 5 C. APPOINTMENT OF TWO EDEN PRAIRIE REPRESENTATIVES TO mE SOUTHWEST METRO TRANSIT COMMISSION (1 for a 2-year teon and 1 for a I-year teon commencing January I, 1996) Harris said Councilmember Pidcock has been serving as the Council representative to the Southwest Metro Transit Commission. Pidcock said there was a mix -up in the term of her representation, so the Councilmember appointment will be for a one-year term only. She said Jack Provo is interested in serving as the citizen representative for a two-year term. MOTION: Thorfinnson moved, seconded by Case, to appoint Council member Pidcock for a one-year term as council representative to the Southwest Metro Transit Commission from January 1, 1996 to January 1, 1997 and to appoint Jack Provo for a two-year term as citizen representative from January 1, 1996 to January 1, 1998. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Set the 4th Tuesday of Every Month as a Cjty Council/Staff Workshop Jullie said staff has not yet developed a schedule of specific topics, but they would like to set the 4th Tuesday of the month for Council/Staff workshops. The consensus was to set the 4th Tuesday of every month as a City Council/Staff Workshop. Jullie said staff will return with times and topics at a later meeting. 2. Award Contract for Service of City's Radjo System Jullie said they have received four bids for the three-year radio service agreement to cover the 800 Megahertz public system. Staff is recommending the contract be awarded to Capitol Two-Way Communications as the lowest bid that was fully responsive to the request. The bids from two firms were lower than Capital's, but they failed to provide references as requested. Tyra-Lukens asked who presently has the contract. Jullie said Capitol Two-Way presently has the contract. Pidcock asked if they could be asked to resubmit bids since the recommended bid is 10% higher than the lowest one. Jullie said that might be possible, but he noted the amounts of the bids are the worst case CITY COUNCIL MINUTES January 2, 1996 Page 6 scenario and the real value of the contract is $25,000 to $30,000. He said Capitol's current bid is actually less than their previous bid on a similar contract. Pidcock asked if it will be possible to get by for $25-$30,000 per year and why Capitol's bid is now lower than the previous one. Gary Therkelsen, representing the Police Department, said it may be lower because they want to remain competitive or because they know the equipment and what some of the costs will be. Pidcock asked how the other bids were deficient. Therkelsen said the bids were judged on five areas of experience that were deemed to be critical for the service. He reviewed the five areas of experience and how the bidders were rated in the five areas. Capital Two-Way was the only bidder that had verified experience in all five areas. Kim Briden, representing Contact Mobile Communications, objected to the award and the analysis of the bids. He said they were notified at 4:30 p.m. today that the award would be made tonight after having submitted their bid on November 16th. Mr. Briden presented the background on his company and his employees and the experience they have had with similar systems. Harris asked why we are acting on this item tonight. Jullie said the present contract has expired, and we have been dealing with this issue for quite some time. He said Mr. Pauly reviewed the details and agreed with the staff recommendation. Harris asked what our usual process is for notification of a bid award. Jullie said the dates are usually announced in the RFB. In this case we asked for an extension to today from each of the bidders. Mr. Therkelsen was asked to contact each of the bidders to let them know we would be considering this item tonight. Jullie said this is a critical system and an extremely important service. Harris asked how Contact Mobile fared on the five key comparisons. Therkelsen said the analysis was based on information provided by the vendors, and Contact Mobile provided no references on three of the five areas. Thorfinnson asked if the bidders were expected to respond specifically to the five areas. Therkelsen said they were asked for references on similar systems and were given a list of all the equipment in the R.F.B. Pidcock said she was troubled by Mr. Briden stating they were just notified at 4:30 this afternoon when the bids were submitted in mid-November, and she is uncomfortable with awarding this bid. She asked when Mr. Pauly CITY COUNCIL MINUTES January 2, 1996 Page 7 reviewed the bids. Pauly said he was aware of the bids last week. Thorfinnson asked what the consequences are for not awarding the bid. Therkelsen said Capital Two-Way has been on a time and materials basis since the first of the year, noting they have achieved competency on the equipment that is part of this very complicated system. Harris expressed concern there wasn't earlier notification to the bidders; however, she was more comfortable with awarding to a higher bidder because of the sophistication of the system. Case did not have a problem with selecting a bidder that is higher, but he did feel the process is being rushed tonight. He thought the process in the future needs to be handled differently. Tyra-Lukens was dismayed the bid process was not clear about how the bidders were to be chosen; however, she thought Mr. Therkelsen was in the best position to decide. MOTION: Case moved, seconded by Thorfinnson, to award the contract for service of the City's radio system to Capital Two-Way Communications for $50,241.60. Thorfinnson said he was disturbed by the whole process. If timing was an issue, then the bids should have been received earlier and the RFB should have specified the five critical areas and asked bidders to respond to those areas. Pidcock was concerned we not be placed in this predicament again, nor should we hear that a bidder was told five minutes before the closing of City offices that he was not the successful bidder. VOTE ON THE MOTION: Motion carried unanimously. C. REPORT OF DffiECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DffiECTOR OF PUBLIC WORKS F. REPORT OF CITY ATTORNEY xu. OTHER BUSINESS Harris asked if the City's sign policy is clear since this is an election year. J ullie said by lIIA.l CITY COUNCIL MINUTES January 2, 1996 Page 8 state law August 1 is the time when election signs may appear. Signs must be removed within two weeks of the election. Case suggested we look at this issue in June or July and have Jean Johnson review the sign policy. Xill. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Pidcock, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 8:55 p.m. UNAPPROVED MINUTES SPECIAL CITY COUNCIL MEETING .JOINT WORK SESSION CITY COUNCIL/ HENNEPIN COUNTY COMMISSIONER RANDY .JOHNSON TUESDAY, JANUARY 16, 1996 COUNCILMEMBERS: CITY COUNCIL STAFF: OTHER PARTICIPANTS: ROLLCALL 6:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thonmnson, Jr. and Nancy Tyra- Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Public Works Gene Dietz, City Engineer Al Gray and Council Recorder Jan Nelson Hennepin County Commissioner Randy Johnson, Representatives of Interwest/DLR Group Infrastructure Corporation and 212 Community Highway Association All members were present. Council member Pidcock arrived late. I. CALL MEETING TO ORDER Mayor Harris called the meeting to order at 6:15 p.m. She introduced Commissioner Randy Johnson and noted that this meeting is not a public hearing. n. PRESENTATION AND DISCUSSION ON PROPOSED NEW T.H. 212 TOLL ROAD Bob LindaU, Chaska City Council member and President of the Southwest Corridor Transportation Commission, reviewed the history of the proposed T.H. 212. He said it is clear funds will not be available for public development of the highway before 2015, meanwhile population, employment and traffic are increasing dramatically in the area. In 1995 Interwest answered the RFP for a toll road project issued by MNDoT. Interwest will be presenting their proposal tonight and will be available at a public open house on Wednesday, February 7, 1996 from 4:00 to 8:00 p.m. in the Heritage Rooms. Bob Farris, Senior Project Executive on the project, said they have begun the 6O-day public involvement that is part of the RFP. He reviewed InterwestlDLR Group's experience in similar projects in several other states and in other infrastructure projects such as schools. He said a 1991 Act allows alternative funding through a blend of public funds and private initiative for such projects. Interwest is a developer that works with 1lf B· I CITY COUNCIL WORKSHOP MINUTES January 16, 1996 Page 2 local contractors, engineering firms and accounting firms to form a package to present to the public. Dan Patsula, representing Interwest, presented traffic study statistics on Highway 5 traffic volumes. Farris said they propose to take over the completion of Highway 5 and arrange for a lease back to MNDoT. The highway would be completed from Wallace Road to Interstate 494 in three years. MNDoT would retire the lease as funds become available. There would be no tolls on Highway 5. This would allow the highway to be built at 1997 cost figures and would provide use of the road by 2000, not by 2015 or later as is currently planned. Farris said Interwest submitted the proposal in conjunction with the community-based, not- for-profit 212 Community Highway Association. They propose to build a four-lane, full access-controlled tollway from Wallace Road to Carver County 147 using blended public and private funds. The 6320 Corporation, a non-profit, single purpose corporation, will issue bonds for the construction, and MNDoT will be given the option to assume the debt at net cost and thereby eliminate the tolls. After the 60-day public involvement process, Farris said they will enter into contract negotiations with MNDoT. The contract will then be delivered to the Chanhassen, Chaska and Eden Prairie City Councils and to Hennepin and Carver Counties. At that point any of the cities can veto the project. Harris asked if a veto by one city would veto the entire construction. Farris said one veto would kill it in the entirety. Harris then asked about the construction schedule for Highway 5 and for 212. Farris said it is a three-year schedule, with the entire route to be finished by January, 2000. The work will be completed by one contractor. Harris asked how long the toll would have to be in place. Farris said it is important to keep the toll rate as low as possible even though the bond runs longer. The option provision allows the state to step in and payoff the bonds to remove the tolls if funds become available. Thorfmnson asked if there would be a public hearing before the City Council on this issue. J ullie said they have discussed having a town meeting in order to get some good community input and also having some type of community survey. Farris said they like to have open houses in order to provide an opportunity for all people to participate. Case asked who will control the decision on the toll amount. Farris replied, since it is a not-for-profit process, the controlling factors are the cost of the project, the cost of financing and the number of people who use it. They will have to do an investment grade study to take to the bond houses and will have to know the final costs before MNDoT will CITY COUNCIL WORKSHOP MINUTES January 16, 1996 Page 3 be able to set the toll. For planning purposes they are using an estimate of 10 cents per mile. Enger asked what happens to this proposal if the Interstate 494 toll road does not go forward, and who maintains the toll road during the period of private ownership. Farris replied the project is not linked to the 494 toll road. They anticipate that MNDoT will maintain the road, but they will provide funds as part of the budget as well as funds for the highway patrol. Jullie asked how far the improvements to Highway 5 will go. Farris said it will go from Interstate 494 to slightly beyond Wallace Road. Farris distributed a copy of the RFP and a letter with questions and answers about the project. Dietz said Staff would prefer to have a town meeting following the open house. Harris said that seems like a long session if the two meetings are held on the same date. Farris suggested they work with Staff on that issue. Councilmember Pidcock arrived at 7: 10 p.m. Harris asked Interwest to work with Staff and return with a recommendation for the best way to disseminate information. ID. OrnER BUSINESS IV. ADJOURNMENT Harris adjourned the meeting at 7: 15 p.m. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 16,1996 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL All members were present. 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross ThOlfmnson, Jr. and Nancy Tyra- Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item XI.A.1. Status on Internet. Thorfinnson added item XI.A.2. Housjng, Tramportation & Social Servjces Survey in Community Newsletter. Jullie deleted item N.C. RESOLUTION AUTIlQRIZING ACQUISITION OF RIGHT -OF- WAY FOR SUNNYBROOK ROAD UTILITY CONSTRUCTION, I.C. 945363. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried unanimously. n. OPEN PODIUM m. MINUTES W. CONSENT CALENDAR A. CLERK'S liCENSE LIST B. RESOLUTION 96-14 APPROVING FINAL PLAT OF MAIL HANDLING ADDITION (located at the northwest corner of Corporate Way and Martin Driye) C. RESOLUTION AUTHORIZING ACQUISITION OF RIGHT-OF-WAY FOR SUNNYBROOK ROAD UTILITY CONSTRUCTION, I.C. 945363 1lTC I CITY COUNCIL MINUTES January 16, 1996 Page 2 D. SET TUESDAY, FEBRUARY 13, 1996, 5:30 PM, TO INTERVIEW CANDIDATES FOR BOARDS/COMMISSIONS E. AWARD BIDS FOR QUARTERLY PARKS AND RECREATION BROCBURETOGQLDSTARPRUflITNQ F. RESCHEDULE CITY COUNCIL MEETING OF MARCH S, 1996 TO MARCH 12, 1996 BECAUSE OF PRECINCT CAUCUSES Regarding item D, Tyra-Lukens said she will not be in town and expressed disappointment that Council members were not polled regarding their availability for the interview session. The consensus was to remove item D from the Consent Calendar. Staff will poll the Council to set another date. MOTION: Pidcock moved, seconded by Thorfinnson, to approve Items A, B, E, and F of the Consent Calendar, with items C and D deleted. Motion carried unanimously. v. PUBliC HEARINGS/MEETINGS A. MErnA PLAY by Musicland Group, Inc. Request for Planned Unit Development Concept Review on 23 acres, Planned Unit Development District Review with waivers on 5.6 acres, Zoning District Change from Rural to Commercial Regional Service on 5.6 acres, Site Plan Review on 5.6 acres and Preliminary Plat of 5.6 acres into two lots. Location: Eden Prairie Marketcenter. (Ordinance 2-96-PUD- 1-96 for Zoning District Change from Rural to Commercial Regional Service and Planned Unit Development District Review, Resolution 96-15 for Planned Unit Development Concept Review and Resolution 96-16 for Preliminary Plat) Carl Paraguay, Director of Architecture and Construction for Media Play, and Chuck Linwood, Architect, reviewed the proposal for a 45,000 square foot specialty retailer store. He said there will be a restaurant pad in the southwest comer of the property. Enger noted the City occupies the role of regulator of the property for administration of the roning ordinance and also owns the property. He said, as of last week, a representative of Media Play's Real Estate Department has said they cannot go forward with closing of the property scheduled for February. They may be able to go forward later in the year, but they cannot commit to that. Because of the large amount of time and effort on this project, Staff recommends we finish up the review and go forward with Ist and 2nd Readings. In the meantime, the City expects to continue to market the property. Enger said the Planning Commission reviewed the project on December 11, 1995, and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of December 8. At this point, Media Play has made all the -m:.C :J. CITY COUNCIL MINUTES January 16, 1996 Page 3 recommended changes. He said the Parks, Recreation & Natural Resources Commission did not review the proposal. Harris asked Ric Rosow if there is any liability for either party if we take this action. Rosow said this is not something you would do if you were not also the owner of the property. He noted they have until the 17th to exercise the option. Pidcock asked if we have changed the rules regarding brick exterior on the lower portion of the building. Enger said this meets the requirement of 75 % brick, glass and stone. Pidcock said she thought we had stricter requirements for the Market Center structures. Enger said we have higher standards as to design of the buildings, and in this case we did work closely with the architects for design features and building materials. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to close the Public Hearing; to approve the 1st Reading of Ordinance 2-96-PUD-I-96 for Zoning District Change from Rural to Commercial Regional Service on 5.6 acres and Planned Unit Development District Review with waivers on 5.6 acres; to adopt Resolution 96-15 for Planned Unit Development Concept Review on 23 acres; to adopt Resolution 96-16 for Preliminary Plat approval on 5.6 acres into two lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. B. EDEN PRAIRIE HIGH SCHOOL ADDITION '96 by Independent School District #272. Request for Site Plan Review and Zoning District Amendment in the Public Zoning District on 67 acres. Location: North of Valley View Road and west of County Road 4. (Ordinance 3-96 for Zoning District Amendment and Resolution 96-17 for Site Plan Review) Steve Thompson, representing the Eden Prairie School District, reviewed the proposal. He described the new street access from County Road 4 and reviewed the building additions. Harris asked if this is a double road from County Road 4. Thompson said it is. Pidcock asked if there will be signal lights and tum lanes on County Road 4. Thompson said there will be a stop light. Pidcock asked if they have considered a metering system to slow down traffic. Thompson said the road on the east side of the school out to County Road 4 will not have much student traffic. Case asked about the demarcation of the City property versus the School District property on the west of the Community Center. Thompson said the addition to the Community Center changed that line and it is difficult to view these as two sites. CITY COUNCIL MINUTES January 16, 1996 Page 4 Case asked about the ponding to the west of the current retention pond. Thompson said they have reconfigured the main pond area and added one to the west. Enger asked Thompson to describe the connection between the existing parking lot and the school bus access. Thompson said is not intended as a connector for student traffic, but rather for maintenance, fire access and event access. Enger said the Planning Commission reviewed the project at their December 11 th meeting and voted approval on a 5-1 vote, subject to the recommendations of the Staff Report of December 8, 1995. He reviewed the recommendations of the Staff Report. Lambert said the Parks Commission reviewed the proposal at their December 18th meeting, and recommended approval on a 6-0 vote. He said the Commission was concerned about connection between the new access road and the main parking lot for event ingress and egress. They also had concerns about drainage around the Community Center and Round Lake Park, the need to place nets or fences on the south end of the soccer fields to protect cars on the access road, and the problems caused by loss of use of the athletic fields during this season. He said there was a discussion with Merle Gamm of the School District regarding additional parking on the site shown as the location for a third ice rink at the Community Center. That will be made into a temporary parking lot at School District cost, with an agreement regarding removing the parking lot if a third rink is needed. John Pollock, 16460 Hillcrest Court, asked what will be done with County Road 4 north of the entrance to the new access road. Thompson said they are currently discussing the extent of the project with Hennepin County and the City. He said it appears likely that the four lane portion will continue just to the north of the intersection; however, there is still the potential to continue it further to the north. Pollock asked when the plans will be finalized. Dietz said a recent traffic study looked at the need to put a signal at the intersection. The County has not programmed any funds for County Road 4. The City has offered to be the lead agency in getting this work done, and Staff will submit design work for the Valley View Road and County Road 4 intersection so that can be done concurrently. He said he doubted the work would get up to the intersection with Hillcrest. Pollock then expressed concern about saving the oak trees along the edge of the soccer field. Thompson said all of those trees will be saved. Dietz said we will do everything we can to save the trees; however there are very tight right-of-way constructions. Pollock expressed concern about the lighting of the soccer field as this is the first time we have heard of such plans. He said he has minutes from the City Council in which they were promised there would be no lights on the fields since this was a school facility. Thompson said it would be desirable to have an event soccer we L/ CITY COUNCIL MINUTES January 16, 1996 Page 5 field as part of the complex; however, there is no lighting in the current plans. MOTION: Pidcock moved, seconded by Thorfinnson, to c lose the Public Hearing; to approve 1st Reading of Ordinance 3-96 for Zoning District Amendment in the Public Zoning District on 67 acres; to adopt Resolution 96-17 for Site Plan Review on 67 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, with special consideration to be given to saving the existing trees along County Road 4 at the entrance to the new street access. Motion carried unanimously. C. SUNNYBROOK WOODS by Stephen J. Kroiss. Request for Zoning District Change from Rural to Rl-13.5 on 4.0 acres and Preliminary Plat of 4.0 acres into 7 lots and one outlot. Location: North side of Sunnybrook Road. (Ordinance 4- 96 for Zoning District Change and Resolution 96-18 for Preliminary Plat) Beth Andrews and Stephen Kroiss, representing proponent, reviewed the seven-lot, single family development. Enger said the Planning Commission reviewed the project at their December 11th meeting and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of December 8, 1995. He referred to the correspondence from Barry and John Brian Post that was included in the packet, along with the response from Mike Franzen and the letter from Stewart Fox. Lambert said the Parks Commission reviewed the project at their December 18th meeting and recommended approval on a 4-2 vote. Discussion revolved around the issue of tree loss, and the two "no" votes disagreed with the 42 % tree loss. Case asked how solid the conservation easements are and what the penalties for infraction are. Lambert said they are only as good as the neighbors feel is reasonable. It is on a complaint basis only and if the neighbors support the easement, they will report infractions. He said people generally save the larger trees but the underbrush usually disappears. Barry Post, representing Post Construction Co., said he owns the property across the street and to the west. He was concerned about the process by which the tree loss was calculated. He thought they could do six lots and get the 30% tree loss that is within the limits. Pidcock was concerned about the 42 % tree loss and asked if there is anyway to lower that figure. Lambert said we will run into these kinds of situations in the next few years as we continue to receive in-fill projects with small property owners who aren't ready to develop at the same time. He said we have to try to save trees as much as possible while allowing the property owner to use his property. 11fC.tS" CITY COUNCIL MINUTES January 16, 1996 Page 6 Tyra-Lukens realized the 30% figure is a guide line and an average and she saw evidence the developer has tried to save as many of the trees as possible. Pidcock asked if the developer had tried to contact some of the other owners in the area. Kroiss responded there were some attempts, and they worked with the Planning Department for quite a while to develop the project as it is. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. MOTION: Pidcock moved, seconded by Case, to approve First Reading of Ordinance 4-96 for Zoning District Change from Rural to Rl-13.5 on 4.0 acres. Motion carried unanimously. MOTION: Pidcock moved, seconded by Case, to adopt Resolution 96-18 for Preliminary Plat of 4.0 acres into seven lots and one outlot. Motion carried unanimously. MOTION: Pidcock moved, seconded by Tyra-Lukens, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. VACATION 96-01: Drainage and Utility Easements on Lot 1, Block 1, Riverview Heights 2nd Addition (Resolution 96-19) Jullie said the applicant has requested vacation of a portion of drainage and utility easements covering this property in order to increase the buildable area. An existing scenic/conservation easement also on this lot is not affected by this request. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 96-19 vacating drainage and utility easements over part of Lot 1, Block 1, Riverview Heights 2nd Addition. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfmnson, Tyra-Lukens and Harris voting "aye." VU. ORDINANCES AND RESOLUTIONS A. MEDIA PLAY by Musicland Group, Inc. 2nd Reading of Ordinance 2-96-PUD- 1-96 for Zoning District Change from Rural to Commercial Regional Service on me. (p CITY COUNCIL MINUTES January 16, 1996 Page 7 5.6 acres and PUD District Review with waivers on 5.6 acres; Adoption of Resolution 96-20 Approving Site Plan Review and Approval of a Developer's Agreement for Media Play by Musicland Group, Inc. Location: Eden Prairie Marketcenter. (Ordinance 2-96-PUD-1-96 for Zoning District Change and PUD District Review and Resolution 96-20 for Site Plan Review) Enger said First Reading was given through the Public Hearing process earlier in the meeting. Staff recommends approval of Second Reading. Tyra-Lukens asked why we are allowed to do both First and Second Readings. Rosow said it is permissible to have both on the same evening. Jullie said the 17th is the deadline on this project. MOTION: Tyra-Lukens moved, seconded by Pidcock, to approve 2nd Reading of Ordinance for Zoning District Change from Rural to Commercial Regional Service on 5.6 acres and PUD District Review with waivers on 5.6 acres; to adopt Resolution 96-20 approving Site Plan Review on 5.6 acres; and approval of the Developer's Agreement. Motion carried unanimously. VID. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST FROM EDEN PRAIRIE COMMON GROUND ORGANIZATION FOR CITY'S PARTICIPATION IN AN AFFORDABLE HOUSING PROGRAM J ullie said we have had some discussions relating to the potential for the City to assist in transferring a tax forfeited residential lot to this group for the purposes of constructing an affordable house. Duane Pidcock, Chairman of Eden Prairie Common Ground, said they are asking the City to join as a partner by providing access to land on which to build single and multi-family homes under the umbrella of Habitat for Humanity. Drake Talbert, representing Common Ground, said two residents have pledged money to begin the process of constructing a home. Their consortium of churches is ready to provide sweat equity. Steven Sidell, Executive Director of Twin Cities Habitat for Humanity, said they want to partner with the City along with leadership from the faith community of Eden Prairie to address affordable housing needs in the city. He said they have recently completed a project in St. Paul where Habitat and a for-profit developer jointly developed an entire city block just north of the capitol for a mix of incomes. It created a community that has been a great asset to the neighborhood. They would like to use that as a model for other communities to integrate low income families into their community. 1I[C .1 CITY COUNCIL MINUTES January 16, 1996 PageS Tyra-Lukens thought this was a wonderful idea that needs more exploration by Staff. She asked if affordable housing is the same as Met Council market value. Sidell said market value is yet to be determined. and he is not experienced here in Eden Prairie They are talking about serving households in the $15-20,000 range and are talking about ownership housing. Mr. Pidcock noted this could be an extension of the already successful mentoring program. Thorfinnson said these units would fit in under the $115,000 figure used in the Livable Community Act and would count towards the numbers we need for that. Case asked if TIF money might be available to purchase the land. Enger said is one of the issues they want to look into. Case asked how many tax forfeit properties occur in a given year. Dietz said most of the tax forfeited lands are not great pieces of property and do not have great soil conditions. Pidcock asked if such a development would be possible near the transit hub. Enger said that would be a possibility. Thorfinnson said in the next 30 days he and Dave Lindahl are going to participate in some discussions regarding funds available for such projects. They are working on a series of recommendations to bring forward about incorporating affordable housing into many areas of development, and this project fits in well with their efforts. MOTION: Tyra-Lukens moved, seconded by Pidcock, to refer this request to Staff and the Housing, Transportation & Social Services Board for recommendation and a report back to the Council at the February 20, 1996 Council meeting. Motion carried unanimously. B. RESOLUTION 96-21 SUPPORTING TRANSIT LEGISLATION -Request from Southwest Metro Transit Commission Kate Garwood, representing Southwest Metro Transit Commission, said the purpose of the legislation is to establish a demonstration project known as the "Good News Bus demonstration project" that will make local control more of a priority and provide a more predictable revenue source for the future. She distributed a handout that showed how the legislation would affect the property tax statement of an Eden Prairie property. She noted the tax does not increase; however, part of the Metropolitan Council portion is reassigned to the local transit. Thorfinnson noted the handout did not represent an average Eden Prairie property. Garwood said it was based on property with a $320,000 value. TILe. ~ CITY COUNCIL MINUTES January 16, 1996 Page 9 Case asked if the Met Council would still determine the rate increase on the local transit line item. Garwood said currently we may receive up to 90% of the transit amount, but this legislation would put the number at 88 % which we would get at all times. Diane Harberts, Executive Director of Southwest Metro, said the 88 % tax levy is established in state law under a formula, and the City of Eden Prairie does not have any influence on that. A Public Hearing would be held at the commission level, and this legislation would be implementing what the law says we should receive. Harris asked how we fund and provide for Metro Mobility in our community once we take the money out, and whether we would be responsible for covering a deficit if one occurred. Harberts said the 88% is a mandatory tax levy already established. Part of the proposed legislation provides for a discretionary tax levy by the City Council. The discretionary tax levy might be done to meet a priority within the community to provide service. Regarding Metro Mobility, she said our Dial-A-Ride vehicles provide a better range of services at half the cost; however, we would have to make provision for those who use Metro Mobility. Harris asked if the Met Council is supporting the proposed legislation and who will be our allies in this effort. Harberts said we have had discussions with the suburban transit group. Brad Farnum, Southwest Metro Financial Advisor, said the Chair of Met Council described the discussions as productive and would like to further study the issues. We would need to provide a list of changes before they would provide a partnership for the initiative. Harris said it seems to be a major departure that would not come without cost and she would like to see more details. Thorfinnson asked who is responsible now if there is a deficit. Harberts said the Met Council is responsible for the deficit. They have discretion over funding to growing communities. There is a bill in process to reduce the 88 % rate which would limit our ability to go forward to provide quality and cost effective service to growing communities. Thorfinnson then asked if this legislation means we as the cities involved would now become responsible for deficits. Harberts said that was true if a deficit occurs; however, the driving piece for this legislation is that we have a far greater opportunity to operate public transit in the black. She said their financial models have shown that we can achieve a savings of $3/4 million that we can reinvest in the transit system. Thorfinnson said he questions us taking on the responsibility for future deficits, and he would like some clarification. Pidcock said it might be appropriate to wait until the next meeting to adopt this because of some of the difficulties we may encounter on Thursday. She was concerned this might compromise us with the Met Council in other areas. There IlIC.9 CITY COUNCIL MINUTES January 16, 1996 Page 10 are other things that have not been dealt with yet. We will be asked to hire another lobbying group for which we don't know the costs. Thorfinnson said he thought the support of the other opt-outs is critical. Case thought it would be effective to have the support of all three cities before proceeding to the other bodies. Tyra-Lukens thought if it is a good idea now, it is a good idea even if other opt-outs don't agree. Jullie suggested we consider approval subject to the assumption that the opt-outs will not be negative in their support. Harris said there are some pieces in here she is not sure about. She was concerned we have not seen the bill. Harberts said there is an explanation of the proposed bill included with the packet information. She said they are asking the cities to support the legislation that will enable us to continue to achieve our over-all agency goals and to continue to enhance the regional transit system. Pidcock noted the City has always been totally supportive of the transit operation but there are some things that need to be addressed and process to be followed. She thought the process has been rushed, and we need to be careful on how this is perceived by other agencies. Harberts said the process is a question for the transit group and commission to answer. Farnum said there are details that need to be worked out with the other op-outs and issues with the Met Council that will go forward. He said we would be compromised in the process if the Council withholds support. Tyra-Lukens said we need to look at what our goal is in having the transit system in Eden Prairie. Time is of the essence because we will only be able to provide main route transportation if the transit dollars keep getting reduced. If opt-outs are eliminated, we won't have much of a transit system in Eden Prairie. Thorfinnson asked what happens if they cut back on the level of funding. Pidcock said the Met Council takes the position that funding is discretionary on their part and Southwest Metro and the others make application for funds. There is no guarantee that we would have fund available. The legislation gives us levy and bonding authority. MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution 96-21 in support of a Bill relating to the Metropolitan Council and the cities of Eden Prairie, Chanhassen, and Chaska, establishing the Southwest Metro Transit Commission as a public corporation, and granting to it and the cities various powers relating to public transit. Pidcock said she could not support the motion as stated. Thorfinnson asked what we are obligating ourselves to if we vote for this, and if this will come back before -riTC 10 1.11, , CITY COUNCIL MINUTES January 16, 1996 Page 11 the Council before anything happens. Pidcock said we are giving free rein to the Executive Director and the consultant to go ahead and push the legislation as they see fit. Harberts said there is a provision within the bill that in order to execute, each of the member cities would have to make an amendment to the Joint Powers Agreement. AMENDMENT TO THE MOTION: Pidcock moved, seconded by Tyra-Lukens, to amend the support of the bill to approval by the majority of the other opt-outs at the Thursday meeting. Farnum said the Commission attempted to develop a strategy that would allow both bills to go forward and not compete. He said the two lobbyists could work together to move both bills together. He said they have Wednesday and Thursday to resolve the issues before it gets to the Suburban Transit meeting. Harberts said staff has been given direction to explore the possibility of having a dual track. Farnum said the Commission was unanimous in approval of the plan that was developed. Tyra-Lukens said this is listed as a six-year demonstration project and asked if the Minnesota Valley bill is the same. Harberts said we have asked about that but we don't know for sure. Harris asked if the transit group would be funding both or would we fund them individually. Harberts said we would be funding a separate contract which would be the best strategy to move forward. Tyra-Lukens asked why each group doesn't have its own demonstration project. Rosow said there is sentiment in the legislature to do away with opt-outs. He said we have heard from the lobbyists that two bills going forward might well play against each other, and this is the concern of some of the Minnesota Valley members. VOTE ON THE AMENDMENT TO THE MOTION: Motion failed 2-3, with Case, Harris, and Thorfinnson opposed. VOTE ON THE MOTION: Motion carried 3-2, with Pidcock and Tyra-Lukens opposed. Harris said there is still the issue of the lobbyist. Rosow said hiring the lobbyists rests at the Commission level, but expenses would come back to the three member cities. IX. REpORTS OF ADVISORY BOARDS & COMMISSIONS x. APpOINTMENTS IIi (!. II CITY COUNCIL MINUTES January 16, 1996 Page 12 XI. REPORTS OF OmCERS A. REPORTS OF COUNCILMEMBERS 1. Report on Internet Access Pidcock asked Staff what has been done to investigate providing access to the Internet. Jullie said they have formed a committee that promises to present a report within 60 days. He said they are going to talk to other communities that are on the net and explore the different avenues available. 2. Housin2, Transportation & Social Services Survey in Community Newsletter Thorfinnson said there is a survey in this month's community newsletter that will get some idea of the needs in the community for human services. He said we have been responding as agencies have come forward to answer some of the needs. We are now trying to reverse that process and make an RFP if we can determine the needs. He encouraged everyone to complete the survey. Harris reported we received a letter from the Government Finance Officers Association stating the City has been awarded a Certificate of Achievement for the quality of its financial reporting. She congratulated staff on a good job. Pidcock noted the "Destination Job" job fair will be held on April 30. B. REPORT OF CITY MANAGER 1. Set Thesday, .January 23, 1996,5:30 PM. for Council/Staff WQrksbo.p Jullie said Staff is recommending we have a workshop on Tuesday, January 23, 1996, at 5:30 p.m., for a review of the results of last fall's Community Survey. He said Mr. Bill Morris will present the review. Case asked Staff poll the Council before setting dates and times for future add-on meetings. C. REPORT OF DIRECTOR OF PARKS, RECREATION & FACILITIES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVEWPMENT E. REPORT OF DIRECTOR OF PUBliC WORKS 1lIC ./~ CITY COUNCIL MINUTES January 16, 1996 Page 13 F. REPORT OF CITY ATTORNEY Rosow reported a mechanic's lien on the Musicland property has been determined to not apply. XU. OTHER BUSINESS Xill. ADJOURNMENT MOTION: Pidcock moved, seconded by Thorfinnson, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:20 p.m. 11LC .J~ ---------------------------------- ND UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL/STAFF WORKSHOP TUESDAY, JANUARY 23, 1996 COUNCIL/STAFF WORKSHOP COUNCILMEMBERS: CITY COUNCIL STAFF: I. CALL TO ORDER The meeting began at 6:00 p.m. 6:00 p.m. CITY CENTER Heritage IV, 8080 Mitchell Road Mayor Jean Harris, Councilmembers Ron Case, Nancy Tyra-Lukens, Patricia Pidcock, and Ross Thorfinnson, Jr. City Manager Carl Jullie, Assistant City Manager Chris Enger, Director of Human Resources and Community Services Natalie Swaggert, Director of Parks, Recreation and Facilities Bob Lambert, Police Chief Jim Clark, Director of Public Works Gene Dietz, Director of Assessing and MIS Steve Sinell, Director of Finance John Frane, Director of Inspections Kevin Schmeig, and Barbara Anderson, City Recorder ll. SCHEDULE FOR COUNCIL/STAFF WORKSHOPS FOR 1996 Jullie noted the Council had established the fourth Tuesday of each month as a workshop session, and he proposed that the Council set the topics for the next few workshop meetings. The Council discussed the phases of the Boards and Commission workshop and the implementation of those phases in the new appointment process. Discussion ensued regarding whether the Council should meet with the Boards and Commissions on an unscheduled basis and have a councilmember assigned to each board or commission who would attend these meetings once or twice a year and could be contacted when issues arose which required input from the Council. Thorfinnson reviewed the proposal which included a liaison from the City Council, a spot on the agenda in which members from Boards and Commissions could come before the entire Council for direction regarding specific issues which might arise, and one formal meeting once a year. Discussion arose regarding whether meetings with Boards and Commissions in the past have been productive, and the consensus was a joint meeting may be a way to move toward implementation of this three-way process. The possibility of having a meeting to determine what direction would be given each Board and Commission was discussed. Jullie commented the strategic planning meeting could be held in March. Discussion ensued regarding the issues which needed to be discussed prior to meeting with Boards and Commissions. Mayor Harris requested that staff bring back a recommendation as to how these meetings would be scheduled and the goals accomplished. 111-D./ CITY COUNCIL WORKSHOP January 23, 1996 Page 2 Tyra-Lukens requested staff to schedule the budget planning sessions earlier in the year so that the questions could be answered regarding service costs and the impacts if the services were to be cut. ll. DECISION RESOURCES, LTD. EXECUTIVE SUMMARY PRESENTATION Bill Morris, Decision Resources, Ltd. presented the preliminary results of the survey of Eden Prairie residents which was conducted throughout the community between August 7-18, 1995. He reviewed the residential demographics which were included in the preliminary results, and noted that overall, every service was determined to be significant and well-delivered by those surveyed. Most residents believed the quality of life in Eden Prairie was excellent, the levels of service were exceptionally high and were well provided. The thing residents liked least about Eden Prairie were the high taxes, and the subsequent concerns were the level of growth and the traffic on major roadways. Morris observed that crime was a lower level concern among residents, unlike many other suburbs in the metropolitan area. Regarding taxes, most surveyed disliked the federal income tax and the City property tax the most, but believed they received the most value from the City property tax. Discussion ensued regarding the taxes and the perception of the portion of the total tax bill which was the City property tax. Morris reviewed the responses to the questions on satisfaction with and importance of City services and most people surveyed reported a high satisfaction with services and the value of those services was high and they were all important. When questioned about tax increases to maintain the high levels of services currently provided, 41 % favored minor tax increases, but 46% were opposed to the tax increase. When asked if they would support a reduction in levels of service to decrease taxes, 38 % said yes, but 45 % said no. The average resident would accept an increase in taxes of about $10.55 per year to maintain city services. They determined that households with residents over 55 were the most resistant to any tax increases. In Eden Prairie there is also a large group of residents that fall into the 45-54 year age group, and they will do a reading including age group and home valuation to see if there is any correlation between the two for the final report. Morris noted that more people pay attention to City government, and to have a disapproval rating below 10% is noteworthy. Morris discussed the fiscal disparity issues for core cities, and suburban relations. It was believed the City should not take an active role and no tax increases to pay for these were supported. A good response to questions on development issueswas received, with only 16% of those surveyed believing that the City was not well-planned. The City also received high ratings on their efforts to protect the environment. Many surveyed believed there was too great an emphasis on upper income housing, and there were too few quality CITY COUNCIL WORKSHOP January 23, 1996 Page 3 eating establishments throughout the City. About 46% believed they would be at least "somewhat likely" to use the services of a Center for the Arts, and 74 % thought the Center should be a private operation and not subsidized by the City. Morris noted that regarding the Parks and Recreation issues, there was a drop of approximately 5 % from previous the survey in the categories of being informed about the facilities available and the programs that were sponsored by the City. Overall the parks facilities were rated very highly by those surveyed. Regarding the question about an outdoor water park, 42 % of those surveyed were strongly opposed. Responses to City sponsored recreation programs was up to 45 % . Public Safety did not appear to be a significant concern among those surveyed. The greatest problem was believed to be juvenile crime and vandalism and only 12 % reported feeling unsafe at the Eden Prairie Shopping Center and on City parks and trails. Eden Prairie received the highest ratings for no serious crime across the metro area. The City-owned and operated liquor stores were used fairly regularly by approximately 32 % of those surveyed, and 29 % indicated they never shopped there. Upon further questioning, it appeared that the non-use of the liquor store was a lifestyle choice, and not a reflection on the store itself. When asked about the sources of City government news, 67% indicated that the "Eden Prairie News" was the major source and 41 % saw the "Eden Prairie Sun-Current" in much the same manner. The "Community News" was also received and at least partially read by a majority of those surveyed. Cable television was not highly rated as a source of community news, as only 2 % reported Channel 34 as a source of information. Morris noted that interest in community cable television shows has been waning throughout the metro area as a source of information about municipal government. About 20% occasionally watched televised meetings, and 22 % consulted the bulletin board listings. Morris noted that these percentages were significantly higher than in other communities, where the average is usually about 12 %. Overall it appeared that the quality of life in Eden Prairie was top notch and ties to the community as a whole were increasing. The perception of the excellence of City services was very high and most people considered all of them very important. A sizeable segment of the community appeared to be fed up with taxes and would support service cuts to bring taxes down. The ratings of City staff and the City Council were good and should serve the City well in the future. Discussion ensued regarding the areas perceived as having low satisfaction and how to bring the service level and taxes into alignment. Morris commented that there were more people in Eden Prairie that fell into the category of wanting high levels of service but not being willing to pay for them, and those percentages appear to be between 30-40 % . This percentage is much higher in other suburbs if you look at people who do not want their 1110.3 CITY COUNCIL WORKSHOP January 23, 1996 Page 4 taxes to go up for any reason whatsoever. Eden Prairie is atypical demographically, in that there are higher percentages of affluent residents, most are highly educated, and many have dual incomes. Further discussion ensued regarding the issues the Council would need to consider regarding maintaining the current level on taxes and providing the current level of services, or decreasing some services to maintain the tax rate. Morris commented that there will always be a percentage of the population that would not be satisfied whatever the Council decided. ill. ADJOURNMENT The meeting adjourned at 8:00 p.m. j I I ! DATE: CITY COl.JNCIL AGENDA 2-6-96 SECTION: CONSENT CALENDAR DEPARTMENT: ITEM DESCRIPTION: lTE1dNO .. Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTr·1ENT HEADS RESPONSIBLE FOR THE LICENSED ACTIVITY. CONTRACTOR (MULTI-FAMILY & COMM.) Conveyor Craft, Inc. Kabuki, Inc. Opus Corpo rati on RRR Construction Real Estate Diversified, Inc. Ryan Construction Co. of MN. Single Ply Systems Westbrook Development, Inc. PLUMBING Barnes Plumbing . Buchman Plumbing Co., Inc. Coppin Plumbing Crosstown Plumbing, Inc. Dakota Plumbing & Heating Dependable Well Company Dinius Plumbing Company Franke Pl umbi ng Raymond Haeg Plumbing Hokanson Plumbing & Heating Hovde Plumbing & Heating Hutton & Rowe, Inc. JLB Pl umbing, Inc. Jerry's Plumbing Jobco Pl umbing Dan G. Johnson Plumbing Key-Tec Servi ce, Inc. Mike Larson Plumbing Co. LeVahn Bros., Inc. McGuire & Sons Plumbing & Heating Mid-City Mechanical Corp. Norblom Plumbing North Anoka Plumbing Northland Mechanical Contractors Pl umm, Inc. Plymouth Plumbing AdioDiDirection: 2-6-96 . page 1 PLUMBING (continued) Prairie Plumbing Company R.D. Plumbing & Heating, Inc. Steve Schmit Plumbing Schulties Plumbing, Inc. South/West Metro Plumbing Sunrise Plumbing, Inc. Thomoson Plumbing Weld & Sons Plumbing 'Welter & Braylock, Inc. Wenzel Plumbing & Heating Westonka Plumbing & Heating, Inc. GAS FITTER All ied Fi res i de Bloomington Heating & Air Condo Buchman Plumbing Co. Carver Heating & Air Condo Climate Engineering Company D.u.'s Heating & Air Condo Dinius Plumbing Comoany Flare Heating & Air Conditioning Raymond E. Haeg Plumbing, Inc. Hokanson Plumbing & Heating Home Energy Center Jerry's Pl umbi ng Jobco Pl umbing 'Dan G. Johnson Plumbing Mike Larson Plumbing Co. Master Heating & Cooling McGuire & Sons Plumbing & Heating Mid-City Mechanical Corp. Midland Heating & Air Conditioning Mission Mechanical Norblom Plumbing O'Brien Sheet Metal, Inc. Plymouth Plumbing ...... DATE: CITY COl.iNClL AGENDA SECTION: CONSENT CALENDAR 2-6-96 DEPART.MENT: ITEM DESCRIPrION: lTEMNO. Finance -Pat Solie CLERK'S LICENSE APPLICATION LIST IV.A THESE LICENSES HAVE BEEN APPROVED BY THE DEPARTr·1ENT HEADS RESPONSIBLE FOR THE LICENSED ACTIViTY. GAS FITTER (continued) i Practical Systems I Riven Services ! Rouse Mechanical, Inc. II Schulties Plumbing, Inc. I Standard Heating & Air Condo 1 Suburban Air Conditioning Thompson Plumbing Total Air, Inc. Wel ter & Blaylock, Inc. Ray N. Welter Heating Co. t Wenzel Heating & Air Condo I· I Wenzel Pl umbil1g '& Heating Westonka Plumbing & Heating HEATING & VENTILATING Bloomington Heating & Air Condo Carver Heating & Air Condo Climate Engineering Company D.J.'s Heating & Air Condo Fisher-Bjork Sheetmetal Co. Flare Heating & Air Condo Home Energy Center Mas~er Heating & Cooling McGuire & Sons Plumbing & Htg. Midland Heating & Air Condo O'Brien Sheet Metal, Inc. Plymouth Plumbing Practical Systems Riven Services Rouse Mechanical, Inc. Standard Heating & Air Condo Suburban Air Conditioning Total Air, Inc. Triple D.Heating & Air Condo Action/Direction: 2-6-96 . page 2 HEATING & VENTILATING (continued) Ray N. Wel ter Heating Co. Wenzel Heating & Air Conditioning UTILITY INSTALLER Ron-Son Contracting Thompson Plumbing United Water & Sewer Company Wenzel Plumbing & Heating WATER SOFTENER Culligan Water Service Co. SEPTIC SYSTEMS Raymond E. Haeg Plumbing, Inc. . . '. _." ". ; .. : , f· - EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/6/96 SECTION: Consent Calendar ITEM NO.K. 6. DEPARTMENT: Parks, ITEM DESCRIPTION: Amendment to Ordinance 2.32 (4) Relating to Recreation and Facilities ~r.nce of Citations Robert A. Lambert, Director Attached to this memorandum is an amendment to Ordinance 2.32 relating to the issuance of citations which subsitutues the titles Manager and Coordinators for Operation Supervisor and a list of individuals who are authorized to issue citations. This change will allow the Community Center Manager and the three Coordiantors to tag autos for parking in violation of the two hour time limit in the Community Center parking lot. It is important to have staff on site that are able to tag vehicles in order to enforce this parking restriction and keep the Community Center parking lot available to Community Ccnter customers. BL:mdd CITY OF EDEN PRAIRIE HENNBPIN COUNTY, MINNBSOTA ORDINANCE NO. -96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.32, RELATING TO THE ISSUANCE OF CITATIONS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The Ci ty Code is amended by amending Section 2.32(4) in its entirety as follows: " 34 . Community Center Operations Supervisor Maricig§#;~ciIld: CQQ:bdi·n.a.tors " 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 2.99 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 Feburary 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of _____________ , 1996. City Clerk Mayor PUBLISHED in the Eden Prairie News on the _____________________ , 1996. f:\rfr\ordinance\ordv3M.232 )- day of DATE: 02/06/96 EDEN PRAIRIE CITY COUNCIL AGENDA Consent Calendar ITEM NO: lY. C . SECTION: DEPARTMENT: ITEM DESCRIPTION: Engineering Division Receive Petition and Order Feasibility Study for Public Improvements to Alan Gray Highview Drive, Lakeland Terrace and Lakeland Circle Recommended Action: Approve resolution authorizing the preparation of a feasibility study for sanitary sewer, watermain and street improvements to Highview Drive, Lakeland Terrace and Lakeland Circle. Overview: The existing residential neighborhood lying between Riley Lake, Riley Creek, CSAH 1 and the westerly City limits consists of 24 residential lots currently served by wells and septic systems. The City has received petitions signed by 12 of the property owners in this neighborhood requesting a feasibility study to provide public utilities (see attached sketch). The Engineering Division staff have conducted a neighborhood meeting to discuss the process for public utility improvements. The petitions submitted to the City have been received subsequent to that neighborhood meeting. Currently this residential neighborhood does not have access to the City's sanitary sewer and water distribution systems. These systems have not been extended westerly of Riley Lake Road at this time. A feasibility study would address the sequence and timing for the extension of utilities westerly along CSAH 1 to this residential neighborhood. Fmancial Issues: Based on the City's assessment policy, there may be a City share to ultimately complete the addition of public utilities in this existing neighborhood. The feasibility study would provide cost estimates to evaluate the fmancial impacts for residents and the City. I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING PETITION AND ORDERING FEASmILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 96-5406 Public Improvements to Highview Drive, Lakeland Terrace and Lakeland Circle and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: That the proposed improvements be referred to the City Engineer for study with the assistance of Rieke Carroll Muller Associates, Inc. (RCM), and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on February 6, 1996. Jean L. Harris, Mayor ATIEST: SEAL John D. Frane, Clerk "-------------------~---~-----------------------------~ 1,- I -i / f .t. / s<is J..···········'C,·O 4 tv / '0 '\ " .... ........ ----- - --.;,. ~5. 'l....fl(S~ ... (11f.v.;C(REO -AERIAL PHOTO. ISd9) ( I) COUNTY ROAD I •• -------.. t· ............ $' •• , ----II.N t. Ib .' .... ,.11> •• ~.;;., •. " lll-»'$I'I"_1, .. . - • • ---- ..... () \ : ... ~I:)..-"'" /LE . _____ ........ / 'to R MAIN, SEWER, WATE SANITARY 8 STREETS SEWER .( STORM WATER MAIN SANITARY SEWER ~-< './ ern: OF EDEN PRAIRIE, MINNEsOTA PE'Itl'lON FOR LOCALIMPROVEMENr , To The Eden Ptairle Pty Co~iI: \ The undersigned proPertY owners herein petition the Eden Prairie City Council to consider ~ making the followingidescribed improvement{s): : ~ Sani~ Sewer ~ Watertnain __ ' Storm; Sewer __ Street: Paving __ Other, (General Lo~tion) \, Signatures of Petitioners gBe l'rw;rty 0wnernJ • '1) , : , ~! VI ~h.c. !E1J1!'~,< ~ ,j:' '."'~:; ~ " . . " , ':',., I i , ':" i; , (For City Use) Date ;Received _. ____________ _ Project No. _____________ _ Council Consideration ______ -___ _ I' .. . CITY OF EDEN PRAIRIE, MINNESOTA' PETITION FOR LOCAL IMPROVEMENT I To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvement(s): V Sanitary Sewer ,/ Watermain /' Storm Sewer _7_ Street Paving __ Other Street Address of Other Legal Description of ~ Property to be Served qS'<y3 !J'GfiJ;ew iJt J <OJ boo l-h}Li<.w (}k'" ( J C;SOIII/?§v;a,J 2¥1 v£' j fSlJ6 I-ft'ih~ ]2~--, J 9£3. £., L~!:;EU+JjD '"'§"12-. ~ (."'110 La.k.i L{;tft({ 1t ( , ~ q 5" Ie· 6 -1-1/;-If I/! 1;/-1/ f) III i/ r:. ,~ '15<So #111+/2 ';::vJ Dr_ ~ ~Dc; 1fz6f/b;" e~J b;-, '\ CiS" 85 /-/; c, Ji.. U ~.~~ 6.v'- .....J Date Received (General Location) (For City Use) --------------------------- Pr~ectNo. ____________________________ __ Council Consideration ----------------------- OCT 23 '95 14:58 TO:9-6421~6~ FROM:CITY OF E.P.-ENG DIU T-859 P.01 , CITY OF EDEN PRAIRIE, MINNESOTA " . PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: \ The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvement(s): / Sanitary Sewer ,/ Watermain V' Stann Sewer v Street Paving __ Other Street Address of Other Legal Description of (General Location) \, J :property to be Served q{O I ~/lmIV'BcI [)tIVg: (For City Use) Date Received _____ -______ -_ .. Pr~~tNo. _______________________ __ Council Consideration _____________ _ DATE: 02/06196 EDEN PRAIRIE CITY COUNCn. AGENDA SEC110N: Consent Calendar ITEM NO: -:JjJ D . DEPARTMENT: ITEM DESCRIPTION: Engineering Division Approve License Agreement with DNR for Utility Crossings of Riley Creek Alan Gray in Bearpath 3rd Addition Recommended Action: Approve License Agreement No~ 144-65-2780 with DNR for utility crossings of Riley Creek in Bearpath 3rd Addition. Overview: Public sanitary sewer and watermain facilities within Bearpath cross Riley Creek requiring a license agreement with DNR. The City is the owner of these public utilities and must enter into the license agreement with DNR rather than Bearpath Development Corporation. This is a standard license agreement prepared by DNR. These agreements are required wherever our public utilities cross public waters such as Riley Creek. Financial Issues: The license must be accompanied by a payment of $470 to DNR. This cost will be charged back to Bearpath as a fee associated with the development of their project. I 1 MJNNESLTA DEPARTMENT OF NATURAL RESOURCES LICENSE NUMBER 144-65-2780 APPLY NUMBER LICENSE TO CROSS PROTECTED WATERS 38975 TRN 80 LS 09 This license is issued under authority and subject to the limitations in ".S.84. 415, and Minnesota Regulations NR 5100, 5101, and 5102, to the Licensee as named and for the fee and term as specified below. Name and Address of Licensss: 'City of Eden Prairie 8080 Mitchell Rd. Eden Prairie, Mn. 55344 License Fee: Four Hunderd Seventy and no/lOO ........... . Term (years) 50 Effective Date July I, 1994 Dollars ($470.00 ) Termination Date June 30, 2044 Purpose of License-Construction, Maintenance and Operation of a: liquid pipeline under said waters and the covenants and agreements of the Licensee to use the following described waters: That part of Sec. 19, Tl16N, R23W of Hennepin County as shown on the attached application and map, all of which are made a part hereof by reference. This license is granted subject to the following provisions: 1. At the end of the license period if both parties wish to renew, the renewal fee and time period will be determined by such methods as are developed by the Commissioner of Natural Resources. 2. This license shall be cancelable upon reasonable notice by the Commissioner for substantial violation of its terms, or if at any time its continuance will conflict with a public use of water over or upon which it is granted, or for any other cause. 3. The Licensee shall remove all its structures and other property from and vacate said waters within ninety (90) days after receipt of such notice, or the termination of this license for any cause, and any such structures and other property not removed within such period shall become the absolute property of the State. 4. The Licensee shall comply with all laws, regulations and municipal ordinances affecting said water or the area in which they are situated and keep them in a neat and orderly condition, and shall remove all refuse and debris that may accumulate thereon. The license must also comply with all rules, regulations and requirements of the Minnesota Pollution Control Agency, U.S. Army Corps of Engineers and other federal, state or local agencies. The project hereunder shall at all times during and after construction be subject to inspection by the Commissioner or his authorized agent and for that purpose the license shall grant access to the premises at all reasonable times. 5. The use of these waters by the Licensee in constructing or maintaining the lines for which this license is granted shall be subject to the use, sale, or leasing for mineral or other legal purposes. 6. This license is subject to the provisions of Minnesota Statues, Section 84.415 and Minnesota Regulations NR 5100, 5101, and 5102. All standards of NR 5102 are incorporated as terms and conditions of this license, except such variations as are identified and explained in the license application, plans, and specifications which are attached and made part of the terms and conditions of this license by reference. The Licensee shall not deviate from the terms and conditions of this license unless he has first obtained permission from the Commissioner of Natural Resources. 7. This license is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of its officers, agents, or em~loyees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the license or any of its agents, employees or contractors relating to any matter hereunder. This license shall not be construed as estopping or limiting any legal claims or right of action of any person other than the State against the license, its agents, employees, or contractors for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the State against the licensee, its agents, employees, or contractors, for violation of or failure to comply with the provisions of the license or applicable provisions of law. 8. This license shall not be assignable except upon written consent of the State by its proper officers and shall be binding upon the successor, assigns, heirs, and legal representatives of the parties hereto. 9. No delay by the State enforcing any of the conditions of this license shall operate as a waiver of any of its rights and the violation of any of the conditions hereof shall be cause for revocation of this license. 10. In overcrossings of public waters, lines shall have a minimum clearance of 25 feet above extreme high water, unless otherwise specified. 11. In undercrossings of public waters at locations where the water is ordinarily less than six feet in depth, lines or pipes shall be placed in trenches and backfilled so as to . provide a minimum cover of two feet below the natural bottom. 12. Under crossings shall be marked by signs on the banks at points where the line enters and leaves the stream or lake. 13. The beds of the waters described above shall, upon completion of construction or maintenance operations therein, be restored as nearly as practicable to their original cross-section. Erosion control measures shall be practiced to stabilize the banks. Where necessary to prevent erosion, streambeds shall be riprapped with natural rock having an average diameter of 12 inches. 14. The licensee shall not apply pesticides to the water in the course of construction or maintenance of the utility line, except by the request and under the written direction of the Department of Natural Resources. 15. This license is subject to any SPECIAL PROVISIONS indicated below: A. Contact Regional Realty Coordinator Jim Bloemendal in St. Paul at 612-772-7985 10 days prior to installation and within 10 days following completion of licensed work for compliance inspection. B. If trenching, the disturbance should be coordinated with the road crossing construction (see DOW Permit 93-6212) so time of disturbance is minimized. C. Use appropriate erosion and sedimentation control best management practices. Sod or seed/mulch disturbed areas that drain to creek immediately after work is completed. APPROVED AND ACKNOWLEDGED STATE OF MINNESOTA COMMISSIONER OF NATURAL RESOURCES City of Eden Prairie Rodney W. Sando Licensee(s) Commissioner of Natural Resources By By Title Title Manager By Title 652780/lNDlIB/lICENSES \ ACKNOWLEDGEMENT STATE OF MINNESOTA County of . . Use the applicable section INDIVIDUAL ) ) ) § § The foregoing instrument was acknowledged before me this day of 19 , by CORPORATION The foregoing instrument was acknowledged before me this ______ day of 19 , by and of corporation, on behelf of the corporation. <title) (title) Corporation, a (state) GOVERNMENTAL ENTITY (Must be acknowledged by the Chairman of the Board of Commissioners and County Auditor, or the Mayor and City Clerk) The foregoing instrument was acknowledged before me this day of 19 ____ , by ____________________________________________ Chairman Board or Mayor ____________________________________________________________ County Auditor or City Clerk -------~----------------------------------------------~------------------------------ Notary Public, County, My commission expires ____________ __ = = = = = = = • = = s • • • • s = = = • • = = = = = = = = • • • • = = = = = • = = = = THIS SECTION FOR STATE USE ONLY STATE OF MINNESOTA ) ) § S County of Ramsey ) The foregoing instrument was acknowledged before me this day of 19 ____ , by Jeff Hanson, Manager, Progrem Operetions, on behelf of the state of Minnesota. L/ CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 02/06/96 DEPARTMENT: ITEM DESCRIPTION: ITEM NO. Police Cooperative Law Enforcement Agreement -:Jfl. E, BACKGROUND There exists an identified need for stronger narcotics enforcement in the southwest Hennepin County suburbs, specifically Edina, Eden Prairie, and Minnetonka. The Hennepin County Sheriff has agreed to support and supervise a narcotics unit consisting of officers from the three cities and his department. This cooperative law enforcement effort offers a unique opportunity to share resources and costs to combat drug use and associated crimes. The attached memorandum and agreement outline the details of the proposal. This agreement has been reviewed by our City Attorney and has been approved by the Edina and Minnetonka City Councils. The Hennepin County Board will approve the agreement following your review and approval. RECOMMENDATION It is recommend that the Council approve the attached agreement and participation by the Eden Prairie Police Department in this Cooperative Law Enforcement Agreement. , MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: James G. Clark, Chief of Police DATE: January 30, 1996 SUBJECT: Cooperative Law Enforcement Agreement In October of 1995, Hennepin County Sheriff Pat McGowan and the Police Chiefs from Minnetonka, Edina, and Eden Prairie met to discuss the issue of drug enforcement in our area. The following observations were made: • Drug use and drug crimes present a significant threat to the safety and security of our communities. • Current efforts in this area are fragmented and not coordinated. • A cooperative effort affords the best opportunity to effectively and efficiently investigate drug crimes. • None of the communities are presently involved in a drug enforcement task force, where most of our neighbors are. During our discussion, the Sheriff agreed to coordinate and supervise a cooperative drug enforcement unit through his office, if the cities are interested. After numerous meetings the attached agreement was prepared. This agreement has been reviewed and approved by all City Attorneys and the County Attorney. Further, the agreement has been approved and signed by the City Councils in Minnetonka and Edina. The County Board will approve the agreement after you take action on the request. The following elements are contained in the agreement: • Hennepin County Sheriff will provide an experienced narcotics' unit supervisor and an investigator. Each suburb will provide one officer each. • Eden Prairie will initially supply office space and hire a part time clerk that will be funded by the four participating agencies. • Each of the participants will make a financial contribution of ten thousand dollars for office set-up and clerical expenses. In our case, this money will come from already budgeted funds that would have been used for our existing narcotics and special investigations' programs. The Sheriff will provide adcfitional money to establish the buy/informant fund. Financial records, disbursements, and forfeiture transactions will be handled by the Sheriffs Department. Forfeiture proceeds will be distributed equally among the participating agencies. • Operating policies and procedures are established by the Sheriffs Department. • Liability and workers compensation insurance and individual equipment and vehicles are the responsibility of the employing agency. • Our City Attorney has participated in the drafting of this agreement. I recommend that the Council approve participation of the Eden Prairie Police Department in this unit. . This is an area that needs attention and this cooperative approach is our best opportunity to deal with the problem effectively. Additionally, this will provide an opportunity to develop a stronger working relationship with our neighbors at a time when sharing of resources is a must. Thank-you for your consideration. 3 AA Code: Contract No.: A12396 Tax ID NO./SOC Sec No.: Vendor No.: DRUG TASK FORCE COOPERATIVE AGREEMENT THIS COOPERATIVE AGREEMENT is made by and between HENNEPIN COUNTY through the Hennepin County Sheriff's Office (hereinafter "HCSO"), the city of Eden Prairie through the Eden Prairie Police Department (hereinafter, "EPPD"), the city of Edina through the Edina Police Department (hereinafter, "ED"), and the city of Minnetonka through the Minnetonka Police Department (hereinafter, "MPD"), (collectively referred to as "GOVERNMENTAL UNITS"). WITNESSETH: WHEREAS, there is evidence that trafficking in narcotics and dangerous drugs exists in the southwestern suburban communities of Hennepin County, specifically the municipalities of Eden Prairie, Edina and Minnetonka, and that such illegal activity has a substantial and detrimental effect on public safety as well as the health and general welfare of the citizens of these communities; and, WHEREAS, pursuant to Minnesota Statute § 471.59, the GOVERNMENTAL UNITS are permitted to enter into cooperative agreements; and, WHEREAS, it is the desire of the GOVERNMENTAL UNITS to enter into a cooperative agreement to establish the Drug Task Force, (hereinafter "TASK FORCE"); and, WHEREAS, the TASK FORCE shall not constitute a separate municipal entity under Minnesota law; NOW THEREFORE, in consideration of the mutual understandings and agreements hereinafter set forth, the GOVERNMENTAL UNITS agree as follows: 4 Article I. Purpose 1.01. The purpose of this Agreement is to define the rights and obligations of the GOVERNMENTAL UNITS with respect to the duties and activities performed by the TASK FORCE throughout the term of the Agreement. Article II. Cooperation 2.01. The GOVERNMENTAL UNITS shall cooperate and use their best efforts to ensure that the various provisions of the Agreement are fulfilled. The parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner and in accordance with the provisions of this Agreement. Article III. Term 3.01. The term of this Agreement shall be for one year, commencing February I, 1996 and terminating January 31, 1997, unless terminated earlier pursuant to Articles XIX, XX or XXII of this Agreement. This Agreement shall be automatically extended for successive one-year terms upon the same terms, conditions and covenants, unless the TASK FORCE is dissolved prior to expiration of the initial or successive term. Article IV. Scope and Responsibilities 4.01. The TASK FORCE shall perform the activities and duties described below: a). Disrupt the illicit drug traffic in the southwest suburban areas of Hennepin County by immobilizing targeted violators and trafficking organizations; and, b). Conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the TASK FORCE activities result in effective prosecution before federal and state courts of the State of Minnesota. 5 Article V. ASSIGNMENT AND SUPERVISION OF PERSONNEL 5.01. To accomplish the objectives herein, all TASK FORCE members shall assign at least one peace officer licensed pursuant to Minnesota Statutes § 626.84, subd. 1, to the TASK FORCE who must have a minimum of one year prior experience in law enforcement. 5.02. Each officer/deputy must be assigned to the TASK FORCE on a full-time basis for at least one.year unless he/she is reassigned by the head of the officer/deputy's agency upon the recommendation of the TASK FORCE supervisor. In addition, EPPD shall assign one confidential clerical employee to assist the TASK FORCE in performing clerical duties. 5.03. While assigned to the TASK FORCE, all personnel shall be under the direct supervision and control of one HCSO Detective supervisor or his/her designee, who shall be responsible for the following duties; which shall include, but not be limited to: a. scheduling assigned personnel; b. providing input on employee evaluations, if requested; and, c. allocating overtime work, if necessary. Article VI. Personnel Status 6.01. Nothing herein is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties hereto or as constituting one of the participating GOVERNMENT UNITS as the agent, representative or employee of another TASK FORCE member for any purpose or in any manner whatsoever. Personnel assigned to the TASK FORCE by one of the participating GOVERNMENTAL UNITS shall not be considered temporary or permanent employees of any other participating GOVERNMENTAL UNIT or the TASK FORCE for any purpose whatsoever or be entitled to tenure rights or any rights or benefits by way of workers' compensation, re-employment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA, or any other right or benefit of another participating GOVERNMENT UNIT. 6.02. Participating GOVERNMENT UNITS acknowledge that it is their sole responsibility to provide all salary compensation and fringe benefits to employees. Benefits may include, but are not limited to, health care, disability insurance, life insurance, re-employment insurance, FICA, Medicare and PERA. Article VII. Indemnification and Insurance 7.01. a. Each GOVERNMENTAL UNIT agrees that it will be responsible for its own acts and any liability resulting therefrom to the extent authorized by law and shall not be responsible for the acts of the other GOVERNMENTAL UNITS or any liability resulting therefrom. Each GOVERNMENTAL UNIT'S liability shall be governed and limited by the Municipal Tort Claims Act, Minnesota Statutes, Chap. 466 and other applicable law. b. Each GOVERNMENTAL UNIT agrees to defend, indemnify and hold harmless the other GOVERNMENTAL UNITS, their elected officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney fees, resulting directly or indirectly from any act or omission of a GOVERNMENTAL UNIT, its sub-contractors, and anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for in the performance of the activities required by this Agreement, and against all loss by reason of the failure of a GOVERNMENTAL UNIT to perform fully, in any respect, all obligations under this Agreement. c. Each GOVERNMENTAL UNIT warrants that it is able to comply with the afore-mentioned indemnity requirements through an insurance and/or self-insurance program. d. All insurance policies or self-insurance certificates shall be open to inspection by each GOVERNMENTAL UNIT and copies of the policies or certificates of self-insurance shall be submitted to a GOVERNMENTAL UNIT upon written request. Article VIII. Joint Exercise of Police Powers by Licensed Peace Officers 8.01. Licensed peace officers assigned to the TASK FORCE, while acting within the scope of this Agreement but beyond the boundaries of their respective jurisdictions, are acting within the course and scope of employment of their respective agencies and GOVERNMENTAL UNITS and are serving in the regular line of duty as fully as though the service was within the officer's jurisdiction pursuant to Minnesota Statute § 629.40, subd. 3, and have full and complete authority of a peace officer as though appointed by the other GOVERNMENTAL UNITS for the limited purpose of jointly exercising police powers pursuant to Minnesota Statute § 471.59, subd. 12. 1 • Article IX. Discipline of Personnel 9.01. All personnel assigned to the TASK FORCE shall comply with rules of conduct prescribed by the TASK FORCE supervisor developed in consultation with the head of TASK FORCE member agencies and in recognition of the rules of their respective agencies. The TASK FORCE supervisor, or his designee, shall refer disciplinary matters involving assigned personnel to the respective agency for investigation and disposition unless, based on the judgment of the TASK FORCE supervisor, or his/her designee, a particular matter represents prima facie grounds for the issuance of a criminal complaint, in which case the matter shall be referred directly to an external law enforcement agency for investigation provided the appropriate TASK FORCE agency head(s) is(are) notified in advance thereof. Article X. Activity Reports and Media Coverage 10.01. The TASK FORCE supervisor, or his/her designee, shall produce and disseminate Activity Reports (including, but not limited to, the following data: expense and scheduling records, informant files and related payment/expense sheets) in accordance with HCSO prescribed format, on a regular monthly basis to the heads of all TASK FORCE member agencies. Additionally, each officer assigned to the TASK FORCE shall be responsible for forwarding copies of all Initial Complaint Reports generated by him/her to the head of his/her respective agency if so requested. 10.02. Media coverage of TASK FORCE activities, including the dissemination of all press releases must reference each TASK FORCE member agency, and shall be coordinated through the HCSO Media Specialist or his designee. Article XI. Funding, Remittance and Compensation 11.01. a. Upon execution of this Agreement or within thirty (30) calendar days subsequent thereto, each TASK FORCE member shall contribute Ten Thousand Dollars ($10,000) to the HCSO Accounting Division for deposit in a special interest-bearing account to fund incidental and extraordinary support expenses incurred by the TASK FORCE. Such expenses may include, but are not limited to, office supplies/equipment as well as phone communications/utility services not provided by HCSO or EPPD and other items. Within the time period specified above, HCSO shall also contribute Twenty Thousand Dollars ($20,000) to establish a buy fund used for informant/evidentiary purposes. Subsequent sustaining contributions to the TASK FORCE and the buy fund shall be assessed on an equal basis, unless otherwise agreed, pursuant to written authorization from all TASK FORCE member agencies. b. The HCSO, through its Accounting Division, shall serve as sole administrator of all funds contributed by TASK FORCE member agencies and in such capacity is authorized to receive all funds for deposit and make disbursements therefrom in accordance with standard Hennepin County practice and procedure. In conjunction therewith, the HCSO Accounting Division shall maintain current and accurate records of all obligations and expenditures of TASK FORCE funds pursuant to generally accepted accounting principles. It shall also produce a quarterly financial report which shall be disseminated to the TASK FORCE supervisor and all member agency heads. Such reports and related records shall be maintained by the HCSO Accounting Division for a period of three (3) years after termination of the TASK FORCE. Article XII. Operations, Communications and Equipment 12.01. The base of TASK FORCE operations shall be office space assigned and provided by EPPD in its municipal Law Enforcement Center at no cost to the TASK FORCE or the participating GOVERNMENTAL UNITS. All vehicles used by personnel assigned to the TASK FORCE shall be provided by their respective GOVERNMENTAL UNITS which shall be responsible for payment of related fuel/maintenance and insurance costs, if applicable. Each GOVERNMENTAL UNIT shall also provide all essential basic equipment to its assigned personnel at no expense to the TASK FORCE or other participating GOVERNMENTAL UNITS. The acquisition of extraordinary enforcement equipment, requiring disbursement of TASK FORCE funds, must be approved by all TASK FORCE members. All public safety emergency communications services, directly incidental to TASK FORCE activities/operations, shall be restricted to those provided by HCSO unless specific investigations require utilization of other communication services. Article XIII. Evidence Inventory and Storage 13.01. Except for seized motor vehicles, all evidence/property seized by licensed TASK FORCE personnel, while acting within the scope of this Agreement, shall be inventoried and stored temporarily at a secure, designated area within the EPPD Law Enforcement Center that is under the exclusive control of active officers/deputies assigned to the TASK FORCE. Such inventoried evidence/property shall be subject to subsequent transfer to the HCSO Crime Lab Property Room for safekeeping pending lawful release or to another facility at the discretion of the HCSO Detective supervisor. Seized motor vehicles shall be stored in an impound area designated by the Sheriff until lawfully released. ----------------------------------------------------------------- Article XIV. Forfeiture Proceeds 14.01. Pursuant to Minnesota Statutes § 609.531, the TASK FORCE members are entitled to money or proceeds from the sale of forfeited property after payment of seizure, storage, forfeiture and sale expenses and satisfaction of valid liens against forfeited property. It is agreed by TASK FORCE members that forfeiture monies and proceeds shall be distributed equally after deduction of all costs and expenses herein stated. The HCSO Accounting Division shall deduct said costs and expenses and distribute monies to all TASK FORCE members upon receipt of a forfeiture order unless said order directs otherwise. The receipt and disbursement of forfeiture sale proceeds shall be referenced in the HCSO Accounting Division's quarterly financial report disseminated to the TASK FORCE supervisor and member agency heads in accordance with Article XI(b). Article XV. Data Privacy 15.01. Each participating GOVERNMENTAL UNIT and its employees agree to abide by all applicable State and Federal laws and regulations covering the handling and disclosure of private and confidential information concerning individuals and/or data including, but not limited to, information made non-public by such laws or regulations. Article XVI. Records -Availability 16.01. Each GOVERNMENTAL UNIT agrees that the other participating GOVERNMENTAL UNITS, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of a GOVERNMENTAL UNIT and involve transactions relating to this Agreement. Article XVII. Non-Assignment 17.01. A participating GOVERNMENTAL UNIT shall not assign, subcontract, transfer or pledge this Agreement and/or services to be performed herein, whether in whole or in part, without the prior written consent of all other participating GOVERNMENTAL UNITS. 10 , ' Article XVIII. Merger and Modification 18.01 a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All terms referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. Article XIX. Cancellation 19.01. Each GOVERNMENTAL UNIT, upon thirty (30) days' written notice, may withdraw and cancel its participation in this Agreement. The parties by mutual written consent can abolish this Agreement at any time. Article xx. Default 20.01. In the event a participating GOVERNMENTAL UNIT fails to fulfill its obligations under this Agreement properly and timely, or a party violates any of the covenants, agreements or stipulations of this Agreement, then a majority of the non- defaulting GOVERNMENTAL UNITS shall have the right to terminate this Agreement if the default has not been cured within thirty (30) calendar days from the date on which the defaulting party received written notice specifying the default. If not so cured, this Agreement may then be terminated by the non-defaulting parties by giving at least ten (10) calendar days' written notice to the defaulting party of such termination and specifying the effective date thereof. a. Notwithstanding the above, the defaulting party shall not be relieved of liability to the non- defaulting parties for damages sustained by the non-defaulting parties by virtue of any breach of the Agreement by the defaulting party. b. It is agreed that any right or remedy provided for herein shall not be considered as the exclusive right or remedy of the non-defaulting parties for any default in any respect by the defaulting party, but such right or remedy shall be considered to be in addition to any right or remedy hereunder or allowed by law, equity, or statute. /I \ . c. The non-defaulting parties' failure to insist upon strict performance of any covenant, agreement, or stipulation of this Agreement or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, agreement, stipulation, or right, unless the non-defaulting parties consent thereto in writing. Any such written consent shall not constitute a waiver or relinquishment in the future of such covenant, agreement, stipulation or right. Article XXI. Minnesota Laws Govern and Severability 21.01. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations and performance obligations between the parties herein. The appropriate venue and jurisdiction for any litigation hereunder shall be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties herein will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. Article XXII. Dissolution 22.01. The TASK FORCE shall be voluntarily dissolved upon the consent of a majority of participating GOVERNMENTAL UNITS evidenced in writing by the authorized representative of each TASK FORCE member. The TASK FORCE shall be subject to involuntary dissolution pursuant to court order or upon the withdrawal of a sufficient number of participating GOVERNMENTAL UNITS that results in only one member GOVERNMENTAL UNIT remaining. Upon dissolution, any remaining funds, physical assets and obligations shall be divided according to Article XXIII herein. Article XXIII. Property Disposition 23.01. Upon cancellation, termination or dissolution of this Agreement, the GOVERNMENTAL UNITS shall: a. Divide equally all assets, real and personal, purchased pursuant to Article XII with TASK FORCE funds; • b. Distribute on a pro-rata basis those monies contributed to the TASK FORCE buy fund by the respective GOVERNMENTAL UNITS; c. Divide equally all obligations other than those referenced in Article VII; d. Divide equally any remaining funds and physical assets (other than contributions of space or facilities) by the GOVERNMENTAL UNITS. Article XXIV. contract Administration 24.01. In order to coordinate the services of each TASK FORCE member so as to accomplish the purposes of this Agreement, the following individuals or their designees shall manage this Agreement on behalf of the TASK FORCE members. HCSO: EPPD: ED: MPD: Inspector Michele Smolley Room 6, Courthouse 350 South 5th Street Minneapolis, MN 55415 (612) 348-2329 Jim Clark Chief of Police Eden Prairie Police Department 8080 Mitchell Road Eden Prairie, MN 55344 (612) 949-6200 William Bernhjelm Chief of Police Edina Police Department 4801 West 50th Street Edina, MN 55424 (612) 925-2242 Richard W. Setter Chief of Police Minnetonka Police Department 14600 Minnetonka Blvd. Minnetonka, MN 55345 (612) 939-8500 Article XXV. Notices 25.01. Any notice, report or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to each TASK FORCE member shall be sent to their respective contract administrator's address given in Article XXIV of this Agreement. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK county Board Approval TASK FORCE members, having signed this Agreement, and the Hennepin County Board of Commissioners, having duly approved this Agreement on the day of , 1996 and pursuant to such approval, the proper COUNTY officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form. Assistant County Attorney Date: Approved as to execution: Assistant County Attorney Date: " COUNTY OF HENNEPIN STATE OF MINNESOTA By: Chair of its County Board And: Associate/County Administrator And: Hennepin County Sheriff CITY OF MINNETONKA on the The Minnetonka City Council duly approved this Agreement day of , 1996. Approved as to form and legality: Minnetonka City Attorney I~ CITY OF MINNETONKA By: Its Mayor And: Its City Manager 'f CITY OF EDINA The Edina City Council duly approved this Agreement on the day of , 1996. Approved as to form and legality: CITY OF EDINA By: Edina City Attorney Its Mayor And: Its City Manager CITY OF EDEN PRAIRIE The Eden Prairie City Council duly approved this Agreement on the day of , 1996. Approved as to form and legality: Eden Prairie City Attorney [Contract.DUll CITY OF EDEN PRAIRIE By: Its Mayor And: Its City Manager CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT: Finance Department ITEM DESCRIPTION: Resolution Amending Resolution No. 96.1 Regulating Fees and Charges for Municipal Services BACKGROUND: DATE: 02/06/96 ITEM NO. lttF On November 21, 1995, the City Council reviewed proposed changes in recreation program fees. Also reviewed at that time, were proposed amendments in room rental fees relating to the City Center meeting and conference rooms. The resolution now presented for Council approval officially makes these changes effective. The proposed changes are summarized as follows: 1) Groups were reorganized - Group I & II were combined to form Group I -Public Agencies, Non-profit & Civic Organizations. Group III became Group II -Eden Prairie residents & businesses. Group I & II-Non-community were combined to form Group III-Non-resident individuals, groups, commercial, non-profit, and business organizations. Old rates are in parenthesis on new fee schedule. 2) Prairie Rooms A & B, Atrium Conference Room, North Conference Room, Resource Room and Lower Atrium were added to the fee schedule as rooms available for evening rental. 3) Audio-visual equipment rental fee schedule was added. 4) A special user fee based on number of people, amount of space and type of activity may be required in some instances. Refundable, this fee was applied to cover unusual anticipated expenses associated with the user's program or event. 5) A $200 refundable damage deposit, in addition to the rental fee, shall be made by Group II and Group III. 6) General hours of operation are: Monday through Thursday, 7:30 a.m. to 10 p.m. and Friday, 7:30 a.m to 6 p.m. Special arrangements can be made for Saturdays, 8 a.m. to 12 Midnight and Sundays. If special staff is needed, a fee based on the number of hours and employee's hourly wage rate shall be charged. ActionlDirection: Approve the Resolution Amending Resolution No. 96-1 RegUlating Fees and Charges for Municipal Services, Section 3.17-City Center Meeting Rooms & Community Rooms Rental Fees. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 96-1, REGULATING FEES AND CHARGES FOR MUNICIPAL SERVICES BE IT RESOLVED that Section 3.17 City Center Meeting Rooms & Community Rooms Rental Fees be amended to read as follows: Maximum capacity = 100 S50 Set·up Charge S25/hour • 2 hour minimum S30/hour· 2 hour minimum ( SI2 & S20/hr min) ( S20/hr & S30/hr) ( S30 & S50/hr ) Maximum capacity = 200 SIOO Set·up Charge $40/ hour -first four hours, S50/hour • first four hours, ( $24 & $40/hr min) S25/hour each add'i. hour S25/hour each add'i. hour ( $40/hr & S60/hr) ( S60/hr & SIOO/hr ) Standard Class Room S20/hour S30/hour S30/hour -4 hour minimum Beverages & Snacks Only ($48·lst 4hrs/S12 each add'i ($60·lst 4 hrs/SIS add'i hour) ( S70 & SIOO/hr -1st 4 hrs & S20 & $25 hr) each add'i hr) Standard Conference = 18 After 4:30· 10 p.m., Monday· Friday No Charge S25 Evening Sl5/hour Limited Availability ( No Charge/Restricted UseO ( Not Offered) City Priority Restricted Use Restricted Use Standard Set·up $50/hour Restricted Use S75/hour • first four hours, No FoodlBeverages (No Charge !Restricted Use) S60/hour -4 hour minimum ( S80 UIOO/hr-Ist 4 hrs) AV Technician Required, w/Extra ($40/hr • 1st 4 hrs) $IOO/each add'i. hour Charge (S20 & S25/hr each add'i hr) Standard Conference = 10 After 4:30 • 10 p.m, Monday -Friday No Charge $25/Evening Sl5/hour Limited Availability (Not Offered) (Not Offered) City Priority Standard Conference = 8 After 4:30 • 10 p.m. No Charge S25/Evening Sl5/hour Monday -Friday (Not Offered (Not Offered) Limited Availability City Priority Standard Conference = 8 After 4:30 • 10 p.m. No Charge S25/Evening $15/hour Monday· Friday (Not Offered) (Not Offered) Limited Availability City Priority "------------------------------- Limited Availability w/Special Arran •• n,.nt, Capacity = 100 $50 Set-up Charge Set-up Charge [ An additional $15 fee for Classroom style set-up and those set-ups requiring round tables. $15/hour -4 hour minimum (Not Offered) $20/hour -4 hour minimum (Not Offered) [ The Heritage Room is an official Emergency Shelter for the City Center. Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly. Reservations:96resfee Priority Rental Classifications Garden Room Fee Schedule With meal service -Cartering Charge Only With meal service ·Catering Charge Only (No charge) Audio-Visual Equipment Fee Schedule Dry Erase Baord (3' x 5') with markers Easel Flipchart/Dry Erase (24" x 30") with paper Extra pad of paper Overhead projector Podium, floor model Podium, table top model Slide projector with carousel Screen, projection (tripod stand) 6' x6' Microphone/stand & speakers Microphone, wiireless dip-on and speakers TY/VCR on cart S7.50 $5.00 $10.00 $12.00 each $15.00 S7.S0 $5.00 $15.00 SIO.OO $15.00 $20.00 $15.00 With meal service -Catering Charge Only (No Charge) Government -Any activity related to the operations of Eden Prairie's City government including, but not limited to, City Council, board and commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state representatives. People Reaching Other People (PROP) shall be included as the City's non-profit social services/food shelf agency. Group I -Public agencies, School District 272, civic organizations, S.w. Metro Transit, non-profit professional groups with City representation, Eden Prairie based groups which contribute to the well being and betterment of the community, and those businesses currently working with City projects. Group II -*Eden Prairie residents and businesses. Group III (Non-community) -Non-resident individuals, groups, commercial, non-profit, and business organizations. *A Community Group is Eden Prairie based if the user group has its mailing address or headquarters in the City of Eden Prairie, or has at least 75% of its' membership roster residing in Eden Prairie. NOTE: Eden Prairie residents and businesses may NOT make reservations for non-residents and non-Eden Prairie based businesses. ADOPTED by the City Council of the City of Eden Prairie on this 6th day of February, 1996. Dr. Jean Harris, Mayor ATTEST: ________________________ SEAL John D. Frane, City Clerk DATE: 2/6/95 CITY COUNCIL AGENDA SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: Resolution Authorizing ITEM NO. IV .G. Finance Department Industrial Development Revenue Bonds for Challenge Printing, Inc. BACKGROUND: Challenge Printing, Inc., an Eden Prairie Company, has requested that the City use its statutory authority to issue tax-exempt revenue bonds to finance the acquisition and installation of commercial printing equipment for their facility located at 7500 Golden Triangle Drive. The amount requested is $1,340,000. Such bonds are not obligations of the City and accordingly the City has no financial risk in their issuance. The bonds will be privately placed with accredited investors by Norwest Bank, Mn. Repayment of all principal plus a certain amount of interest on these bonds will be secured by an irrevocable letter of credit issued by Norwest. The required Public Hearing was conducted by the Council on October 3, 1995. The City Attorney's staff have reviewed the proposed transactions and find the Resolution to be in order for Council approval. The City will receive annual payments in the amount of 1/8 of 1 % of the outstanding principal balance. RECOMMENDED ACTION: Adopt the Resolution authorizing the issuance and sale of $1,340,000 Revenue Bonds, Series 1996 for the Challenge Printing, Inc. Project. I FROM B&M FAX 612-334-8650 VOICE 334-8520 (TUE) 01. 3D' 96 13: 23/ST. 13: 23/NO. 3560292466 P 3 RESOLUTION NO. 96 - RBSOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $1,340,000 VARIABLE RATE DEMAND INDUSTRIAL DgVELOPMENT REVENUE BONDS, SERIES 1996 (CHALLENGE PRINTING, INC. PROJECT) TO FINANCB A PROJECT BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "Issuer"), as follows: 1. The Issuer haB received a proposal from Challenge Printing, Inc. (the "Company") that the Issuer undertake to finance a certain Project as herein described, and pursuant to Minnesota Statutes, Sections 469.152 through 469.1651 (the "Act"), through issuance by the Issuer of its $1,340,000 Variable Rate Demand Industrial Development Revenue Bonds, Series 1996 (Challenge Printing, Inc. Project) (the "Bonds"). 2_ It i6 proposed that, pursuant to a Loan Agreement dated as of February 1, 1996, between the Issuer and the Company (the r'Loan Agreement"), the Issuer loan the proceeds of the Bonds to the Company to finance the acquisition and inst.allation of commercial printing equipment (the "Project") in the manufacturing facil.ity locat.ed at 7500 Golden Triangle Drive, Bden Prairie, Minnesota which the Company leases from Robert. Lothenbach. The basic payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient t.o pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the Issuer assign its rights to the basic payments and certain other rights under the Loan Agreement to First Trust National Association, in St. Paul, Minnesota (the "Trustee") as security for payment of the Bonds under an Indenture of Trust dated as Of February 1, 1996 (the "Indent.ure"). Payment of the Bonds is initially secured by an irrevocable Letter of Credit to be issued by Norwest. Bank Minnesota, National Association in favor of the Trustee in an amount equal to the p~incipal amount of the Bonda plus a certain amount of interest thereon. The Bonds are intended to be privately placed with accredited investors by Norwest Bank Minnesota, Nat.ional Association (the "Placement Agent") in accordance with a Bond Placement Agreement dated as of closing among the Issuer, the Company and the Placement Agent (the "Placement Agreement") and pursuant to a Private Placement Memorandum dated as of the date of closing (the "Memorandum"). 3. Pursuant t.o the preliminary approval of the Issuer, forms of the following document.s have been submitted to the Issuer for approval: 741763.1 FROM B&M FAX 612-334-8650 VOICE 334-8520 (TUE) 01. 30' 96 13: 24/8T. 13: 23/NO. 3560292455 P 4 (a) The Loan Agreement, (b) The Indenture, and ec) Placement Agreement. The use of th.e Memorandum is hereby approved, but the Issuer takes no responsibility for any of the information contained therein. 741763.1 4. It is hereby found, determined and declared that: Ca) it is desirabl.e that the Bonds be issued by the Issuer upon the terms set forth in the Indenture; (b) the basic payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due. and the Loan Agreement and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all. taxes and special assessments levied upon or with respect to the Project Premise6 and payable during the term of the Loan Agreement and Indenture; and (c) under the provisions of Minnesota Statutej;, Section 469.155, and as provided in the Loan Agreement and Indenture, the Bonds and the interest thereon and any penalty, charge or premium, or any amounts payable thereunder, however designated, due thereunder are payable by the Issuer solely from the revenues and proceeds derived trom the Loan Agreement, do not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation, are not payabl.e from or a charge upon any funds of the Issuer other than the revenues and proceeds pledged by the Issuer to the payment thereof, and do not give rise to a pecuniary liability of the Issuer nor of any of its officers, agents, or employees, and no holder of the Bonds shal.1 ever have the right to compel any exercise of the taxing power of the Issuer to pay the Bonds or the interest thereon or any penalty, charge or premium or any amounts payable thereunder, however designated, due thereunder, or to enfox:-ce payment thereof against any property of the Issuer, and the Bonds and the interest thereon and any penalty; charge or premium, or any amounts payabl.e thereunder, however designated, do not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Issuer and the agreement of the Issuer to perform or cause the performance of the covenants and other provisions therein referred to shall be subject at all times to the aVailability of revenuefi O' g~be* ~Ymi~ 3 FROM B&M FAX 612-334-8650 VOICE 334-8520 (TUE) 01. 3D' 96 13: 24/ST. 13: 23/NO. 3560292466 P 5 . furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. The provisions of this paragraph shall, for purposes of the Bonds, be controlling and shall be given full force and effect, anything else to the contrary in the Bonds notwithstanding. 5. Subject to the final approval of Issuer's counsel the forms of the Loan Agreement, Indenture and Placement Agreement and exhibits thereto are approved substantially in the form submitted. The Loan Agreement, Indenture and Placement Agreement are directed to be executed in the name and on behalf of the Issuer by the Mayor and the City Manager. Any other documents and certificates necessary to the tranaaction described above shall be executed and delivered by the appropriate Issuer officials. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Loan Agreement, Indenture and Placement Agreement. 6. The Issuer shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture. The offer of the Placement Agent to place the Bonds for sale to accredited investors at par plus accrued interest to the date of delivery at the interest rate or rates specified in the Indenture as of the date of issuance of the Bonds at a rate not to exceed lO~ per annum is hereby accepted. The Mayor and City Manager are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Placement Agent. 7. The Mayor and City Manager and other members of the City are authorized and directed to prepare and furnish to the Placement Agent certified copies of all proceedings and records of the Issuer relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as 8Ucn factB appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furniahed, shall constitute representations of the Issuer as to the truth of all statements contained therein. 8. The approval hereby given to the various documents referred to above includes 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 Issuer's counsel and the officials authorized herein to execute said documents prior to their execution; and said of f icials are hereby authorized to approve said changes on behalf of the Issuer. The execution of any instrument by the appropriate officer or officers of the Issuer herein authorized shall be conclusive evidence of the approval of Buch documents in accordance with th~ terms hereof. In the absence 741763.1 4 · FROM B&M FAX 612-334-8650 VOICE 334-8520 (TUE) 0 l. 30' 96 13: 25/ST. 13: 23/NO. 3560292466 P 6 of the Mayor or City Manager, any of the documents authorized by this resolution to be executed may be executed by the acting Mayor or designee of the City Manager, respectively. Adopted: February 6, 1996 Mayor Attest ____ --______________ __ Clerk (SEAL) 741763.1 5 FROM B&M FAX 612-334-8650 VOICE 334-8520 (TUE) 01. 30' 96 13: 25/ST. 13: 23/NO. 3560292466 P 7 . STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE I, the undersigned, being the duly qualified and acting Clerk of the City of Eden Prairie, Minnesota, 00 HERBBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City of Eden Prairie duly called and held on the date therein indicated, insofar as suCh minutes relate to the authorization of the issuance of the $1,340,000 Variable Rate Demand Industrial Development Revenue Bonds, Series 1996 (Challenge Printing, Inc. Project). WITNESS my hand and the seal of said City of Eden Prairie this day of February, 1996. Clerk (SEAL) 741763.1 EDEN PRAIRIE CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: 2/6/96 ITEM NO. rr. H. DEPARTMENT: Parks, ITEM DESCRIPTION: Proposed Revision to Park Use Ordinance, City Recreation and Facilities ~~~ Section 9.04 Robert A. Lambert, Director (GtC- BACKGROUND: Attached is a proposed revision to the Park Use Ordinance that would add a section to the ordinance that would make it illegal to go into, on or upon any part or area of a park where the City has notified the public, through signage, that the area is closed. On occasion the City will close facilities such as a swimming beach, a sliding hill, playground equipment or ballfields due to dangerous conditions. These dangerous conditions may be caused by weather where the sliding hill may become icy and dangerous for public use, or ballfields may become extremely wet and dangerous to the players, or weather may cause conditions where use would cause damage to the facility. Swimming beaches are often closed due to weather conditions such as severe storms, or simply due to hours of operation when a lifeguard is not on duty. Playgrounds may be closed due to some dangerous conditions when the playground is in need of repair. Without this language in the City Code, these "park closed" signs are basically unenforceable by the City Park Rangers or Police. RECOMMENDATION: City staffs recommend the Parks, Recreation and Natural Resources Commission and the City Council approve the proposed revision to the Park Usc Ordinance. BL:mdd Attachment: Copy of Proposed Ordinance ParkU se2/Bob96 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -96 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE SECTION 9.04, RELATING TO RULES AND REGULATIONS GOVERNING PUBLIC PARKS BY AMENDING SUBD. 4 THEREOF BY ADDING AI., AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 9.04, Subd. 4. is amended by adding AI. to read as follows: "AI. Go in, into, on or upon any part or area of a park, including but not limited to, ball and play fields, sliding hills, playgrounds, or swimming beaches on or with respect to which a sign is placed containing information that such a part or area of a park lS closed. " Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ______________ , 1996. City Clerk Mayor PUBLISHED in the Eden Prairie News on the ______________________ , 1996. C:\wpSl\rap\-2p\ord\park.vio 2 day of --------------------~------ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/6/96 SECTION: Consent Calendar ITEM NO.:or. I DEPARTMENT: Parks, ITEM DESCRIPTION: A Resolution Amending Resolution No. 91-1, Recreation and Facilities Regulating Fees and Charges for Ice Rental Rates at the Eden Prairie Robert A. Lambert, Director Community Center ~. On January 2, 1996, the City Council approved the 1996 Fee Resolution that included fee rates for ice rental at the Eden Prairie Community Center. The Council approved prime rates on the standard size rink at $107.50/hour and on the Olympic size rink at $112.50/hour beginning January 2 through March 31 with the prime time rate for both the standard size rink and the Olympic size rink increasing to $115/hour + tax beginning April 1, 1996. The non prime time rate for both the standard size rink and the Olympic size rink will be $85/hour + tax beginning April 1. As an attachment to the Fee Resolution, staff reported that there would be a supplemental report making a recommendation for a discounted rate for summer ice based on a survey on summer ice time fees charged by other ice arenas in the southwest metro area. That survey was recently completed and is attached to this memorandum. Commission and Council members will note that the average 1996 prime time ice rate for the ten rinks surveyed is $1 14.15/hour. This compares to the $115/hour City staff is recommending for prime time ice during the school year. Commission and Council members will also note that seven of the ten rinks provide ice during the summer months. Of those seven rinks, the average summer ice rental rate varies from $ 130/hour in New Hope to $95/hour in Minnetonka. The average rate is $108.93. The two rinks that share the Team Minnesota Tournament with the City of Eden Prairie are Burnsville and Bloomington. Both of those rinks provide Team Minnesota with icc time at $90/hour. Four of the seven rinks that offer summer ice do not offer any discounted rate. The three ice rinks that border Eden Prairie that offer summer ice are Bloomington at $1 OO/hour, Edina at $11 O/hour and Minnetonka at $95/hour. Summer ice is currently rented by Hockey Schools, hockey tournament groups looking for summer ice leagues and our Figure Skating Club. The majority of these groups are looking for relatively large blocks of ice time and prefer to go to the same rink for their entire program. It is critical for the City to be competitive with adjacent ice arenas when trying to sell summer ice. RECOMMENDATION: City staff recommend the City Council approve a summer icc rental fee of $1 OO/hour for prime time ice and $85/hour for non prime time ice. Non prime time ice is after II :00 p.m. until close. Prime time ice begins whenever the Community Center is open in the morning until II :00 p.m. Summer ice rental begins June I and ends August 31. Staff further recommends the Council authorize an ice time fee of $90/hour for the Team Minnesota Tournament in order to be consistent with the Burnsville and Bloomington ice rinks that are also hosting this international tournament. BL:mdd SumlcelBob96 ---------------~ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 91-1, REGULATING FEES AND CHARGES FOR ICE RENTAL RATES AT THE EDEN PRAIRIE COMMUNITY CENTER BE IT RESOLVED that Section 3.8, Item A, Ice Arena -Standard Size Rink and Olympic Rink be amended to read as follows: 3.8 Community Center A. Ice Arenas -Standard Size Rink and Olympic Size Rink • • • • • • • • • • Prime time (with applicable tax) Standard Size Rink = $1 07.50/hour Olympic Size Rink = $112.50/hour (effective January 2 through March 3 I, 1996) Non prime time (with applicable tax) (II p.m. to 2 p.m. on days when school is in session) Standard Size Rink = $55/hour Olympic Size Rink = $57.50/hour (effective January 2 through March 31, 1996) School District 272 physical education classes = $28.75 effective January 2-March 31, 1996. Prime time rate for both standard size rink and the Olympic size rink = $115/hour (with applicable tax) beginning April I , 1996. Non prime time rate for both the standard size rink and the Olympic size rink = $85/hour (with applicable tax) (11 p.m. to 2 p.m. on days when school is in session) beginning April 1, 1996. School District 272 ice rate for physical education classes = $42.50/hour (50% of non prime time ice rate) beginning April I, 1996. School District 272 hockey games = $115/hour (personnel required to run the games supplied by others -City keeps the gate minus ice time and personnel costs). Prime time rate for both rinks during summer months (June I -August 31, 1996) = $1 OO/hour plus applicable tax. Non prime time rate for both rinks during summer months (June 1 -August 31, 1996) = $85/hour plus applicable Tax. Non prime time hours are 11 p.m. until close. Rental for Team Minnesota Tournament is $90/hour. Individual open skate fees. -.l.- User Classification Members NonMembers Adults (ages 19 & up) Free $2.50 Youth (ages 5 to 18) Free $2.00 Tot (ages 4 & under) Free $1.00 Family Free $5.00 Senior Free $1.25 ADOPTED by the City Council of the City of Eden Prairie on this 6th day of February, 1996. Dr. Jean Harris, Mayor ATTEST: John D. Frane, City Clerk SEAL -1- ICE ARENA SURVEY FACILITIES ApQle Valley Blake Burnsville Bloomington Chaska What are your 1996 prime time ice rates $120.00 $135.00 $115.00 $114.00 $100.00 What are your 1996 non-prime time ice rates $87.50 $100.00 $90.00/$62.00 $90.00/$57.00 $75.00 What are your non-prime time hours 11pm-6am 10pm-6am After 10pm/day After 10pm/day After 10pm-3pm What are your summer ice rates No ice No ice Prime time · $110.00 $105.00 $100.00 · Non-prime time · $100.00 $85.00 $90.00 · Is there a discount rate for large blocks of ice time · No No No · If yes How much do they need to purchase · · · · · · · · · What is the discount · · · · PRIME TIME · · · · · NON-PRIME TIME · · · · · SUMMER ICE Is there other reasons for granting a discount No No TM Minn$90 TM MIN$90 No + FACILITIES Edina Minnetonka New Hope Richfield Shakopee What are your 1996 prime time ice rates $110.00 $95.00 $130.00 $112.50 $110.00 What are your 1996 non-prime time ice rates $75.00 $95.00 $130.00 $82.50 $55.00 What are your non-prime time hours Before 8am None None After 11pm 10pm-6am What are your summer ice rates Prime time Same Same Same Same No ice Non-prime time Same Same Same Same · Is there a discount rate for large blocks of ice time No No No No · If yes How much do they need to purchase · · · · · · · · · What is the discount · · · · · PRIME TIME · · · · · NON-PRIME TIME · · · · SUMMER ICE Is there other reasons forgranting a discount No No No No No EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-6-96 SECTION: PUBLIC HEARINGS ITEM NO. \J. A ' DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger KINDERCARE-SHADY OAK ROAD Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt an Ordinance for Zoning District Change from Rural to Neighborhood Commercial on 1.7 acres; • Approve a Resolution for Preliminary Plat of 4.83 acres into 2 lots. Background: The Planning Commission recommended approval ofthe zoning change, preliminary plat and site plan review at the January 8, 1996 meeting. The vote was 7-0. The Planning Commission felt that the proposal was compatible with surrounding uses and was consistent with city code. Supporting Reports: l. Staff Report dated January 5, 1996 2. Planning Commission Approved Minutes of January 8, 1996 3. Resolution for Preliminary Plat 4. Correspondence I KINDERCARE -SHADY OAK ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF KINDERCARE-SHADY OAK ROAD FOR TANDEM CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Kindercare -Shady Oak Road for Tandem Corporation dated January 30, 1996, consisting of 4.83 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 6th day of February, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk 2. APPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMMISSION COMMISSION MEMBERS: ST AFF MEMBERS: IV. PUBLIC HEARINGS January 8, 1996 Katherine Kardell, Kenneth E. Clinton, Randy Foote, Ismail Ismail, Douglas Sandstad, Edward Schlampp, Mary Jane Wissner Michael D. Franzen, City Planner, Barbara Anderson, City Recorder and A. KINDERCARE -SHADY OAK ROAD by Tandem Corporation. Request for Zoning District change from Rural to Neighborhood Commercial on 1.7 acres, Site Plan Review on 1.7 acres and Preliminary Plat of 4.83 acres into 2 lots. Location: City West Parkway and Shady Oak Road. Franzen introduced Erik Johnson ofRLK Associates in Minnetonka. Johnson reviewed the history of the site and the surrounding property. He discussed the grading and drainage plan for the site and the traffic figures which were provided by Benshoof and Associates. He discussed the site design and traffic circulation patterns and reviewed the landscaping plan, which will provide transition between this site and the adjacent properties. He noted that the play areas would not be located adjacent to Shady Oak Road. He reviewed the access and the parking for the site. Greg Ryder of Kindercare was also present to answer any questions from the Commissioners. 3 PLANNING COMMISSION MINUTES January 8, 1996 Page 2 Sandstad inquired about the 10 foot retaining wall on the site and how high it would be. Johnson responded that it will be at least ten feet in height but they intend to break it up and use plantings in between the sections to soften the view. Sandstad inquired about the grades on the private drive, and Johnson reviewed those figures. Ismail inquired if there was another day care center in this area and how this would affect the business. Johnson responded that there was a New Horizon Day Care Center in the area, but the Kindercare would be a more modern facility which would cater to a larger age range of children. Ismail commented he was unsure that this location was the best location for this type of facility. Schlampp inquired about the exterior building finish and the location for the proof of parking spaces on the site. Johnson responded they have proposed a brick exterior finish for the building and the proof of parking spaces were located in the play area, which could be converted to parking spaces if the building were sold and converted to another use. Franzen reviewed the staff report and noted that staff supported the proposal and recommended approval, subject to the recommendations in the staff report. He noted that staff recommended the addition of large conifer plantings between the outdoor play area and Shady Oak Road. Ismail inquired if the developer had agreed to the conditions imposed by staff. Johnson indicated they were in agreement with the staff recommendations. Wissner inquired if there was a stop sign at the intersection of Chase Pointe and City West Parkway. Franzen responded that there was not one presently, but perhaps it should be considered. MOTION:Wissner moved, Clinton seconded, to close the Public Hearing. Motion carried 7-0. The Public Hearing was closed. Foote expressed concern about similar uses being located adjacent to each other. Kardell commented it appeared there was sufficient need for this type of use, and compared it to a McDonald's and a Burger King being located in the same vicinity. MOTION: Wissner moved, Clinton seconded, to recommend approval of Kindercare for Tandem Corporation for Zoning District change from Rural to Neighborhood Commercial on 1.7 acres, Site Plan Review on 1.7 acres and Preliminary Plat of 4.83 acres into 2 lots, located at City West Parkway and Shady Oak Road subject to the conditions as set forth in the Planning Commission Staff Report dated January 5, 1996. Motion carried 7-0. 4 STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner January 5, 1996 Kindercare-Shady Oak Road Tandem Corporation City West Parkway and Shady Oak Road 1. Zoning District Change from Rural to Neighborhood Commercial on 1.7 acres. 2. Site Plan Review on 1.7 acres. 3. Preliminary Plat of 4.83 acres into 2 lots. .•..•. . ".\. -of~ •• -, Staff Report Kindercare-Shady Oak Road January 5, 1996 BACKGROUND This site is the remaining piece of a project known as Chase Point approved by the City Council in 1989. The existing daycare and the gas station are the first two uses built. When Chase Point was approved in 1989, there was a traffic limitation placed on the balance of the undeveloped land. This was required since there was no signal at Shady Oak Road and City West Parkway, City West Parkway extension to Shady Oak Road had not been completed, and turn lanes and through lanes had not been installed on new Shady Oak Road. The City Council changed the Comprehensive Guide Plan from Residential to Neighborhood Commercial for this piece of property, but did not grant zoning approval since no specific development plans were available at that time. SITE PLAN The site plan depicts the subdivision of approximately 4.83 acres into two lots. Proposed Lot 2 is for a daycare center and proposed Lot 1 is for future development. Access to the Kindercare project and the undeveloped property is by private road. A variance is required for lot size less than 2 acres for proposed Lot 2. The proposed Kindercare building meets the required front, rear, and side yard setback requirements. The proposed Kindercare meets city code for parking. A proof of parking plan shows additional parking that could be built if the daycare is converted into another type of retail use which requires more parking. GRADING This property will sit approximately 5 feet below the grade of Shady Oak Road. The property will also be approximately 10 feet higher than the existing SuperAmerica property to the south. A 10 foot high retaining wall is necessary along the east side of the private drive . Drainage from this project will flow through a storm sewer system to an existing pond on the New Horizon Dayc1U"e property. This pond would be reconstructed to NURP standards. BUILDING ARCHITECTURE City code requires that the buildings be constructed with similar materials, colors and construction details as other buildings in the area. This would mean that the brick and shingle color must be similar to the daycare and the SuperAmerica building. The building must also be constructed out of75% face brick and glass. 1 Staff Report Kindercare-Shady Oak Road January 5, 1996 LANDSCAPING The amount of landscaping required for this project is based upon a caliper inch requirement based upon building square footage, screening and buffering from Shady Oak Road, and transition to the existing SuperAmerica building on the south and future commercial areas on the north. The landscape plan meets the caliper inch requirement and provides for transitional plantings along the north and south property line. The landscape plan would benefit from additional large conifer plantings between the play areas and Shady Oak Road. This would be similar to the approach used for the Kindercare at Anderson Lakes Parkway and Highway 169. TRAFFIC Traffic generation is 188 p.m. peak hour trips. This exceeds the 134 p.m. peak hour restriction of the Chase Point Developer's Agreement. That restriction was put in place since road improvements in the area had not been completed. City West Parkway has been extended to Old Shady Oak Road, a signal has been installed at the Shady Oak Road and City West Parkway intersection and turn lanes and through lanes have been installed on Shady Oak Road. Since these improvements are constructed, traffic can be accommodated. LIGHTING Since this site is adjacent to a residential area to the west, lighting standards should not exceed 20 feet in height and should be a shoe box design. SIGNS One, 80 square foot, 20 foot high, pylon sign may be constructed on the property. STAFF RECOMMENDATION The Community Development Staff would recommend approval of the project based on plans dated January 5, 1996 and the Staff Report dated January 5, 1996 and subject to the following conditions: I. Prior to City Council review, the proponent shall: A. Modify the landscape plan to provide additional large conifer plantings between the outdoor play area and Shady Oak Road. II. Prior to final plat approval, the proponent shall: A. Submit stonn water runoff, utility and erosion control plans for review by the City Engineer. Staff Report Kindercare-Shady Oak Road January 5,1996 ---------------------- -- --- B. Submit detailed stonn water runoff, utility and erosion control plans for review by the Watershed District. C. Submit plans for the reconstruction of the existing pond to NURP standards. III. Prior to building permit issuance, the proponent shall: A. Pay the cash park fee. B. Submit plans for review by the Fire Marshal. C. Submit the final landscape plan and security. D. Submit samples of exterior building materials. IV. Apply for and receive approval from the Board of Appeals and Adjustments for lot size less than 2 acres in a Neighborhood Commercial District for proposed Lot 2. HennepJn Cgoynty Micha City City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Proposed Plat -KinderCare Learning Center December 28, 1995 CSAH 61, west side approximately 350 feet south of TH62 Section 2, Township 116, Range 22 Hennepin County Plat No. 2288 Review and Recommendations Dear Mr. Franzen: Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: • The eXisting 50 feet of right of way is adequate. Hennepin County does not need additional right ~f way from the plat at this time. • As indicated on the preliminary plat, all access must be via the internal street system. Hennepin County will not permit any driveway access to CSAH 61. • All proposed construction within County right of way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to access, drainage, utility construction, trail development, and landscaping. Contact our Permits Section at 930-2550 for the appropriate permit forms. • The developer must restore all areas, within County right of way, disturbed during construction. Please direct any response to Doug Mattson. Sincerely, .J~.(),~ Thomas D. ~nson, P.E. Transportation Planning Engineer TDJjDBM Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-8468 (612)930-2500 FAX:(612)930-2513 10 - ---------~----------------- Recycled Paper EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-6-96 SECTION: PUBLIC HEARINGS ITEM NO. v·B- DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger ROGER'S COMMERCIAL GUIDE PLAN CHANGE Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Deny an Ordinance for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.91 acres. Background: The Planning Commission recommended that the Comprehensive Guide Plan change to Commercial be denied at the January 8,1996 meeting. The vote was 7-0. The Planning Commission felt that the area was adequately served by 3 convenience-gas stations and there would be impacts on the residential areas to the south. Supporting Reports: 1. Staff Report dated January 5, 1996 2. Planning Commission Approved Minutes of January 8, 1996 3. Resolution for Comprehensive Guide Plan Change g:~anlmikelreport8Ifinrogers. I ROGER'S COMMERCIAL GUIDE PLAN CHANGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION DENYING THE AMENDMENT OF 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 Roger's Commercial Guide Plan Change from Industrial to Neighborhood Commercial by Roger Lindeman requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby denies the amendment of the Plan as follows: 1.91 acres from Industrial to Neighborhood Commercial all located at 9125 Flying Cloud Drive. ADOPTED by the City Council of the City of Eden Prairie this 6th day of February, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk PLANNING COMMISSION MINUTES January 8, 1996 Page 3 B. ROGER'S COMMERCIAL GUIDE PLAN CHANGE by Roger Lindeman. Request for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.91 acres. Location: 9125 Flying Cloud Drive. Roger Lindeman stated he was the owner of Roger's Body Shop and he had initially purchased this property with the idea of expanding his business onto this site. However, he had decided that it was too close to his present location to open an additional body shop and he requested a change from Industrial to Neighborhood Commercial to allow for another business to be located on this property. Lynn Eichman stated they are proposing that it become a commercial use because the existing Body Shop services the area adequately. They propose that a convenience store/gas station be located on the site which would be advantageous for the traffic on Highway 169. He noted that the property to the north was zoned Industrial and they believe the proposed use would fit in well with this zoning classification. Wissner asked about the access to the site. Franzen reviewed the City's plan for a road to connect from Darnel Road to Sunnybrook with an access onto Highway 169 opposite from the Hennepin Technical College intersection. Franzen gave the staff report and noted that there are two gasoline/ convenience store operations located within a halfmile of the site, and staff believed that another similar use would not be the best use of the property. Staff recommended denial of the request based on the reasons listed in the staff report. The Public Hearing was opened. Jim and Sherry Simchuck, 9145 Flying Cloud Drive, noted they live immediately adjacent to the site on the south. They expressed concern about the station being a good neighbor as it was proposed to be open for 24 hours a day. Sherry stated she was not in favor of looking out her window at people filling their cars with gas. and did not want to have a gas station as an immediate neighbor. Kardell asked now the street might develop and Franzen responded that it was originally discussed when the body shop use was proposed. The road would extend east to a Darnel court extension. Schlampp inquired if the applicant could construct a body shop now and Franzen responded yes. Schlampp asked what reasons there were to deny the request. Franzen referred to the Staff Report. Franzen added that the proponents did not have to show a site plan for the property in order to make the guide plan change request. If the gas station/convenience store had not been included in the plans, staff would have assumed any commercial use could go onto the property. Schlampp expressed concern about the reasons for denial recommended by staff. PLANNING COMMISSION MINUTES January 8, 1996 Page 4 Sandstad commented he saw other problems with the request in that gas station/convenience stores have canopies over the pwnps which are very brightly lit and have a large amount of light spillover onto adjacent properties creating an adverse effect. He did not support the proposed use on the site. Wissner commented she believed that the proposed use was not needed since there were two other existing gas/convenience stores in the area. Clinton stated he did not believe that the proposed use was needed, but if a different commercial use were proposed in the future he would consider it. Foote stated he could not support the proposal from a traffic perspective and he was opposed to granting the reguiding request. Schlampp commented that since the proponent had approval for an industrial use he did not support the proposed use for the property. MOTION: Sandstad moved, Foote seconded to close the Public Hearing. Motion carried 7-0. MOTION: Sandstad moved, Foote seconded to recommend denial of the request of Roger Lindeman for Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial on 1.91 acres located at 9125 Flying Cloud Drive based on the reasons listed in the Staff Report dated December 5, 1996. Motion carried 7-0. II / STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT: ./ LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner January 5, 1996 Roger's Commercial Guide Plan Change Roger Lindeman 9125 Flying Cloud Drive 1. Comprehensive Guide Plan Change from Industrial to Neighborhood Commercial. JD , . .. , L.UNOS-. . C=lItiER ',DO ~~EN ~"K E!..Eld. Staff Report Roger's Commercial Guide Plan January 5,1996 BACKGROUND This property is currently guided Industrial and is zoned 1-2 Park. The property was rezoned from Rural to Industrial in 1987 for the purpose of constructing an auto body shop. The property was rezoned Industrial since it was guided Industrial and it was adjacent to guided and zoned Industrial property to the north. COMPREHENSIVE GUIDE PLAN CHANGE The decision to change the Comprehensive Guide Plan is a legislative decision of the City Council after an advisory recommendation from the Planning Commission. There should be compelling reasons for changing the Comprehensive Guide Plan. The property should remain guided Industrial for the following reasons: 1. There are two convenience gas stations within one-half mile of the site. There is an Amoco station at the intersection of Anderson Lakes Parkway and Highway 169, and a SuperAmerica at the intersection of Pioneer Trail and Highway 169. 2. This area of the community is adequately served by convenience gas and retail. The typical service area for convenience gas \retail (Neighborhood Commercial) is 1.5 to 2 miles. 3. A commercial use in this location would generate considerably more traffic than Industrial. Convenience gas, banks, and fast food restaurants are the highest traffic generators. 4. Commercial driveways opposite future residential land to the south will create traffic conflicts. The City Council did not support a rezoning for convenience gas on Dell Road and Highway 5 since there were existing townhomes on the south side of Cascade Drive. There are some existing houses to the south of this property and the site is currently guided Low Density Residential. This commercial project has the same zoning, transition, and traffic impacts as the Dell and Highway 5 Commercial project. 5. The property does not meet the minimum lot size requirement of 2 acres for Commercial. Although the City granted a variance for lot size less than 2 acres in the Industrial Zoning District, was an existing condition. The City has not granted variances for lot sizes less than 2 acres in Commercial areas. 1 Staff Report Roger's Commercial Guide Plan Jan uary 5, 1996 STAFF RECOMMENDATION --------------........... The Community Development staff would recommend that the Planning Commission send an advisory recommendation of denial to the City Council for the change in the Comprehensive Guide Plan from Industrial to Neighborhood Commercial. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2-6-96 SECTION: PUBLIC HEARINGS ITEM NO. V.C. DEPARTMENT: ITEM DESCRIPTION: Community Development Chris Enger COLUMBINE TOWNHOMES Michael D. Franzen Requested Council Action: The Staff recommends that the Council take the following action: • Adopt an Ordinance for Zoning District Change from Rural to RM-6.5 on 3.3 acres and PUD District Review on 3.3 acres; • Approve a Resolution for Comprehensive Guide Plan Change from Office to Medium Density Residential on 3.3 acres; • Approve a Resolution for PUD Concept Amendment on 15.3 acres; • Approve a Resolution for Preliminary Plat of 3.3 acres into one lot. Background: The Planning Commission recomended approval of the plan for townhouses at the December 11,1996 meeting. The vote was 7-0. The Planning Commission felt that the project was compatible with the surrounding land uses and the project was consistent with city code. Supporting Reports: 1. Staff Report dated December 8, 1995 2. Planning Commission Approved Minutes of December 11, 1995 3. Resolution for Comprehensive Guide Plan Change 4. Resolution for PUD Concept 5. Resolution for Preliminary Plat 6. Correspondence J COLUMBINE TOWNHOMES 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 Columbine Townhomes by ComerstonelEquities LLC for construction of 32 townhome units requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 3.3 acres from Office to Medium Density Residential all located at Columbine Road, North of the Post Office. ADOPTED by the City Council of the City of Eden Prairie this 6th day of February, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk ~-------~~~~~----- COLUMBINE TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF COLUMBINE TOWNHOMES FOR CORNERSTONEIEQUITIES LLC WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Columbine Townhomes PUD Concept by ComerstonelEquities LLC and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on February 6, 1996; NOW, THEREFORE, BE IT RESOL YED by the City Council of Eden Prairie, Minnesota, as follows: 1. Columbine Townhomes, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated January 30, 1996. 3. That the PUD Concept meets the recommendations of the Planning Commission dated December 11, 1995. ADOPTED by the City Council ofthe City of Eden Prairie this 6th day of February, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk Exhibit A Columbine Townhomes Le~al Description Outlot A, Anderson Lakes Center 2nd Addition, According to the Plat thereof, Hennepin County, Minnesota. COLUMBINE TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF COLUMBINE TOWNHOMES FOR CORNERSTONEIEQUITIES LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Columbine Townhomes for Comerstone/Equities LLC dated January 30, 1996, consisting of3.3 acres into 1 lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 6th day of February, 1996. Jean L. Harris, Mayor ATTEST: John D. Frane, City Clerk ---------------------- EDEN PRAIRIE PARKS, RECREATION & NATURAL RESOURCES COMMISSION December 18, 1995 Page 3 MOTION: Kube-Harderwijk moved, seconded by Hilgeman to recommend approval ofthe request for a Mini Rink at Franlo Park based on the 12/13/95 Staff Report. Motion carried 5-1. Brown stated he did not support construction of the rink when there were other facilities located within a mile or two that the residents could utilize and the City budget was so tight. V. DEVELOPMENT PROPOSALS A. Columbine Townhouses Dean Olson, BRW Olness, Inc., reviewed the proposal and stated that the three significant trees on the site will be protected during construction. He described the screening and buffering on the site and reviewed and the types of trees that will be planted. Hilgeman inquired how large the play area was and Olson responded it was approximately 40' X 40' and it will have a play structure in it. He reviewed the floor plans for the units, and noted that two units are proposed as handicapped units, which means that the bedrooms will be located on the first floor. He described the exterior finish of the buildings which will have brick at the entries and utilize aluminum siding. Hilgeman inquired about the landscape plan and what types of trees were in the undeveloped wooded area. Fox responded that it was a visual barrier which serves as a transitional area, but does not contain real quality trees. Olson stated that they have adhered to City requirements and standards in their landscape plan. He noted that this project will be rental housing and all 32 units will be credited toward the City's affordable housing, particularly the three and four bedroom units will be particularly helpful. He stated the project would be funded with tax increment financing revenues but noted that the City's portion of the costs had yet to be determined, and Community Development Block Grant funds. Koenig inquired what type of play structure would be in the play area and who would be responsible for its maintenance. Olson responded that was not yet determined, but there will be some type of agreement within the development to maintain it. Hilgeman inquired who would be liable if someone were injured in the play area and Lambert responded that the City would have no liability as it was private property. Kube-Harderwijk inquired what would happen to the adjacent parcels and Olson responded that this project may expand in the future, but they do not control those parcels at this time. One piece is owned by an adjacent property owner and the other is owned by MnDOT as nearly as they can determine. EDEN PRAIRIE PARKS, RECREATION & NATURAL RESOURCES COMMISSION December 18, 1995 Page 4 Fox reviewed the staff report and noted that there are only three trees on the site to be preserved. Staff recommended that a 3 foot flat area be constructed adjacent to the NURP pond for safety since the sidewalk is so close to the pond, and the developer has agreed to do this. Bowman inquired if a 3 foot area was adequate space for a safety zone and Fox responded that staff was requesting one more foot than the required 2 foot area. Bowman commented he was very concerned that there is no barrier between the sidewalk and the NURP pond as some toddler could easily fall in and drown. Lambert stated that there were many similar ponds in Eden Prairie and no one has ever drowned in one. Given the fact that the slope was not steep, and there was a total of eight feet before the slope began, he did not believe it posed any greater threat to residents than other places in the City where ponds are located in close proximity to trails. Hilgeman commented that perhaps this was an issue that the Commission should consider at another time, as safety was a concern to everyone, and requested that staff place it on a future agenda for discussion. Brown inquired if it developed that the City'S share of the costs of the project were too great, would the Council be able to turn the project down, and Lambert responded that they would have that option. MOTION: Koenig moved, seconded by Kube-Harderwijk, to recommend approval of the Columbine Townhome project as per the Staff Report dated 12/08/95. Motion carried unanimously. B. Eden Prairie High School Expansion Lynette Polare and Steve Thompson were present representing Cunningham Architects and the School District. Polare reviewed the project and stated that Phase I would commence in the summer of 1996 and be completed by the summer of 1997. Phase II was scheduled to commence in the summer of 1997 and be completed by the summer of 1998. They have been working with the City to have a signal installed at the proposed intersection of the new access road and County Road 4. There will be some modifications to the existing parking lot and ingress and egress lanes. They are leaving the two existing soccer fields in the northeast corner of the site intact, except they will be shortened by thirty feet. They are adding two more fields on the south side of the site, south of the new access road, which will be of competition size. She reviewed the other athletic facilities and discussed the NURP pond on the site which will be expanded to accommodate the added runoff and compensate for the additional hard surface coverage on the site. The school is locating science labs on the south side of the building to take advantage of the pond and modifying the curriculum to utilize this area more fully. APPROVED MINUTES CITY OF EDEN PRAIRIE PLANNING COMIVIISSION COMMISSION MEMBERS: STAFF MEMBERS: December 11, 1995 Katherine Kardell, Kenneth E. Clinton, Randy Foote, Ismail Ismail, Douglas Sandstad, Edward Schlampp, Mary Jane Wissner Michael D. Franzen, City Planner, Scott Kipp, Planner, David Lindahl, Community Development, Al Gray. Citv A. COLUMBINE TOWNHOMES by Cornerstone/Equities LLC. Request for Comprehensive Guide Plan Change from Office to Medium Density Residential on 3.3 acres, PUD Concept Amendment on 15.3 acres, PUD District Review on 3.3 acres, Zoning District Change from Rural to RM-6.S on 3.3 acres, Site Plan Review on 3.3 acres, Preliminary Plat of 3.3 acres into one lot .. Location: Columbine Road, North of the Post Office. 'Franzen introduced Pam George from Equities LLC which had formed a partnership with Cornerstone to develop this project. He explained the partnership arrangements and reviewed the proposal for 32 units on 3.3 acres. Dean Olson with BRW Olnus reviewed the site plan for the project. He explained they propose to construct eight buildings which would contain a total of 32 units. Parking has been provided with 64 spaces allocated for the units and 9 spaces are designated for guest parking. He discussed the screening and landscaping. He reviewed the grading on the site and noted there will be minimal grading and no significant tree loss due to construction or grading. He showed floor plansfor the various units and for each building. Sight lines and building PLANNING COMMISSION MINUTES December 11, 1995 Page 2 elevations were described. He commented they propose to use aluminum siding on the buildings which will possibly be two different complimenting colors. Sandstad stated that no architectural plans had been submitted and he had not been able to review the building details. Olson described the asphalt shingles which will be used on the roof, and described the trim facia and soffits proposed to be used on the buildings. He noted the colors may change as the final building plans are developed, and they are somewhat limited in their color choices when using aluminum siding. Face brick will be used by the entry doors to each unit and on the fronts of the buildings. Sandstad inquired about the drainage plans and Olson responded that the streets are graded and pitched to avoid drainage collecting in them. Foote inquired about using aluminum versus vinyl siding. George responded that there are advantages and disadvantages to each, and in this instance they believed that the aluminum siding offered the best solution. Schlampp inquired if there would be fire detectors in each unit, and George responded affirmatively. Schlampp inquired if the rental prices included the cost of the garages. George responded that they were both the apartment and the garage was included in the rent. Schlampp expressed concern over the adequacy of the storm drainage on the site and Olson explained that the engineers had submitted calculations to the City and the pond design had been modified to meet the City's requirements. The pond was designed to allow for slow access into the storm sewer. Franzen commented that the pond was slightly larger than would normally be required and the Engineering Department had indicated to staff that it would be adequate. Ismail inquired about the height of the roof line and Olson responded it would be about 30 feet high. Ismail inquired how firm the rental figures were, as they are often raised after plans are approved and George responded that the figures submitted were the maximum allowable rental rates permitted if they wished to qualify for tax credits. If the rates are raised they will no longer be eligible to receive tax credits through the Minnesota House Financing Agency or the City Tax Increment Financing funds. Lindahl explained that the rents would qualify as giving the City credit toward low income housing units over a thirty year period. Franzen reviewed the staff report and stated that the project complies with all City codes and ordinances. Foote inquired if this project was associated with Section 8 Housing and George responded that if a tenant had a Section 8 Voucher they would be able to live in this development, but it was not designed as Section 8 housing per se. Lindahl explained that Tax Increment Financing and Community Development Block Grant funds would be needed in order to complete the project. q PLANNING COMMIS,,10N MINUTES December 11, 1995 Page 3 Negotiations were still underway at this time and the City and the developer had yet to determine what amount the City's contributions would be. Sandstad inquired about the light from the play area and the buffering from adjacent properties. Olson responded that there was a significant amount of green space around the play area and there were several large trees in this area, but he was not sure how much screening would be used between this area and the adjacent property. Most of the activity was located further away from this site. The pedestrian trail would be constructed as part of the project as the grades in this area were fairly level. Wissner inquired if a traffic signal was proposed to be installed at Fountainplace, and Franzen responded affirmatively. The Public Hearing was opened. No one present wished to speak. Wissner commented that the project addresses an issue that the City needs to address, which is to give people affordable housing in Eden Prairie. She commented she would have liked to see the color scheme, but felt the developers had addressed their concerns. Foote agreed, and commented he was particularly pleased to see the developers constructing some four bedroom units, which were greatly needed. He was concerned about the City's portion of the costs, but commented that since it was not yet resolved, it could not be discussed. MOTION: Sandstad moved, Schlampp seconded, to close the Public Hearing. Motion carried 6-0. The Public Hearing was closed. MOTION: Sandstad moved, Foote seconded, to recommend approval of Columbine Townhomes by Cornerstone/Equities LLC for Comprehensive Guide Plan Change from Office to Medium Density Residential on 3.3 acres, PUD Concept Amendment on 15.3 acres, PUD District Review on 3.3 acres, Zoning District Change from Rural to RM-6.5 on 3.3 acres, Site Plan Review on 3.3 acres, Preliminary Plat of 3.3 acres into one lot subject to the stipulations outlined in the Staff Report dated December 8, 1995, with the addition that staff consider accelerating the construction schedule for the pedestrian trail segment in this ,location. Motion carried 6-0. 10 STAFF REPORT TO: FROM: DATE: SUBJECT: APPLICANT! FEE OWNER: LOCATION: REQUEST: Planning Commission Michael D. Franzen, City Planner December 8, 1995 Columbine Townhomes Cornerstone/Equities LLC Columbine Road, North of the Post Office 1. Comprehensive Guide Plan Change from Office to Medium Density Residential on 3.3 acres 2. PUD Concept Amendment on 15.3 acres 3. PUD District Review on 3.3 acres 4. Zoning District Change from Rural to RM-6.5 on 3.3 acres 5. Site Plan Review on 3.3 acres 6. Preliminary Plat of 3.3 acres into one lot 1 , I W. 78 TH 5T. FUGSHIP A::lOI1'lCH o :--;:. ."'. tv; LUNOS . CE!liTER ADO E~EN L.Ak EL.EW. ROA( CE Staff Report Columbine Road December 8, 1995 BACKGROUND This 3.3 acre site is part of a 15 acre commercial office Planned Unit Development approved in 1986. The PUD includes the convenience retail center and the post office. This site was originally planned for approximately 40,000 sq. ft. of Office. COMPREHENSIVE GUIDE PLAN The following are reasons for considering the change in the Comprehensive Guide Plan from Office to Medium Density Residential: 1. The site is adjacent to High Density Residential land uses. 2. It provides affordable rental units. 3. Traffic generation would be approximately 200 daily trips as compared to 400 trips daily if the site was developed as Office. 4. The property has access off a collector road with sidewalks and trails. 5. The site is located close to Neighborhood Commercial uses. 6. Adding 32 townhome units and subtracting 40,000 sq. ft. of Office will significantly not affect the Comprehensive Guide Plan balance of land uses. SITE PLAN The site plan shows 32 units on 3.3 acres at a density of 9.7 units per acre. The Medium Density designation of the Comprehensive Guide Plan permits up to 10 units per acre. A rezoning to RM-6.5 is requested. Since the density is higher than the 6.7 units per acre allowed by code, a Planned Unit Development waiver is requested. The property could be rezoned High Density Residential and no density waiver would be required. However, since the buildings are small and townhouse in character, the RM-6.5 District would be the more appropriate district. , The site plan meets the front, rear and side-yard setback requirements in the RM-6.5 Zoning District. The project meets the City parking requirements of one garage space and one open space per unit. A total of 64 parking spaces are needed to meet City code requirements. An additional 9 parking spaces are provided for guest parking. 13 Staff Report Columbine Road December 8, 1995 GRADING The site is relatively level and minimal grading will be necessary to accommodate the proposed development plan. There are 3 large oak trees along the north portion of the property which will be saved as part of the project. There are no significant trees that will be lost due to construction. ARCHITECTURE The 2 story buildings will be constructed primarily of aluminum siding. Some face brick will be added at the ends and entrances of the buildings. These are acceptable building materials in the RM-6.5 Zoning District. UTILITIES Sewer and water service exist in Columbine Road. A NURP pond is shown on the site plan adjacent to Columbine Road. LANDSCAPING The amount of landscaping required for this project is based upon a caliper inch requirement and transition to surrounding different land uses. The total caliper inches needed to meet these requirements is 269 inches. The landscape plan shows 269 caliper inches. AFFORDABILITY The proposed project would provide rents affordable to persons with incomes below 60 % of the median income for the metro area, these levels are as follows: Comparable Square Proposed Market-Rate Units Bedrooms Feet Rent Rents in EP 8 2 1,177 $587 $1,000 16 3 1,319 -1,329 $682 $1,200 8 4 1,383 $742 (no 4 bedroom units) All thirty-two units can be credited toward meeting the City's Livable Communities affordable rental housing goal of twenty units for 1996. The proposal for twenty-four three and four bedroom units will help address the need for larger units for families with children. Other rental housing developments in Eden Prairie have waiting lists of up to five years for three bedroom units. 14 Staff Report Columbine Road December 8, 1995 The project is proposed to be financed with Low Income Housing Tax Credits allocated through the Minnesota Housing Finance Agency (MHFA). In addition, the developers have requested funding from the City in the form of Tax: Increment Financing (TIF) and a Community Development Block grant. The City's Financial Advisors are analyzing the fmancing structure of the proposal to determine to what extent public financing is needed to make the project feasible. Although it is not yet clear what the City's contribution will be, it is apparent the project will not work without some level of assistance. Overall costs for the proposed project are high, but are a result of high land costs, large units, and quality design and construction. The proposed project is a true townhouse design, where each unit has an individual entrance with no other units either above or below them. The project was designed specifically to meet certain criteria established by MHF A to create a good living environment for families with children. STAFF RECOMMENDATIONS I. Prior to final plat approval, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review and approval by the City Engineer. B. Submit detailed storm water runoff, utility and erosion control plans for review and approval by the Watershed District. II. Prior to building permit issuance, the proponent shall: A. Submit final plans for review by the Fire Marshal. B. Pay the appropriate cash park fee. III. Prior to grading on the property, the proponent shall notify the City 48 hours in advance of grading so that the City may inspect the tree preservation and erosion control fencing. IV. The following Planned Unit Development waivers are granted through the Planned Unit Development District Review in the RM-6.5 Zoning District: A. Density increase from 6.7 to 9.7 units per acre. 15' January 10, 1996 Michael Franzen City of Eden Prairie 8080 Mitchell Road h".nnesota Department of Transporh .. don Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville. Minnesota 55113 Eden Prairie, MN 55344-2230 Dear Michael Franzen: SUBJECT: Columbine Townhomes Preliminary Plat Review P/95-104 . West side ofTH 212, North of Anderson Lakes Eden Prairie, Hennepin County CS 2744 The Minnesota Department of Transportation (Mn/DOT) has reviewed the Columbine Townhomes preliminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. We find the plat acceptable for further development with consideration of the following comments. • There may be an inconsistency between the plat document and our records ofMnlDOT right of way. The east boundary of the plat is shown extending 311.5 feet south of the north line of Section 22. Though this dimension is not specified on our right of way map, the scale of our map indicates a distance of only 300 feet. The final plat must identify the MnlDOT right of way boundary that is common with t~e plat and provide a dimension to either the highway centerline or to a Mn/DOT monument. A corrected version of the plat must be submitted to JeffHoffstrom of our Surveys Section so that these dimensions may be verified. Mr. Hoffstrom maybe reached at 797- 3108 or 2055 North Lilac Drive, Golden Valley 55422. • As shown in the plan, no direct access to Trunk Highway (TH) 169 will be allowed. • Storm water runoff from the site does not appear to flow towards MnlDOT right of way. Should this condition change, a MnlDOT drainage permit may be required. Questions regarding MnlDOT's drainage concerns may be directed to Marv Hondl or our Hydraulics Section at 797-3053. • Any use of or work within MnlDOT right of way, such as the electrical connection shown on the submitted Utility Plan, will require an approved Mn/DOT permit. Bill Warden of our permits section may be contacted at 582-1443 for further information regarding the permit process. An Equal Opportunity Employer III Michael Franzen January 9, 1996 page two If you have any questions regarding this review, please contact me at 582-1386. Sincerely, ~o9;;$8k~ Principal Transportation Planner cc: Pete Tulkki, Hennepin County Surveys RAS:em CITY COUNCIL AGENDA DATE: February 6, 1996 SECTION: Public Hearing HOUSING REDEVELOPMENT AUTHORITY (lIRA) SECTION: Regular Meeting DEP ARTMENT: ITEM DESCRIPTION: ITEM NO: Community Development Tax Increment Financing for VC Chris Enger Columbine Townhouse David Lindahl Project REQUESTED COUNCIL ACTION: Approve a Resolution relating to Redevelopment Project Area No.4 and Tax Increment Financing (qualified Housing) District No. 12; approving the Project Plan and a Tax Increment Financing Plan . REQUESTED BRA ACTION: Approve a Resolution adopting the Project Plan for Redevelopment Project Area No.4 in the City of Eden Prairie and the Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 12 BACKGROUND: Developers of the proposed 32 unit Columbine Townhouse project located north of the Post Office in Eden Prairie have requested Tax Increment Financing (TIF) to help provide rents that are affordable to low-income families. The development will qualify toward meeting the City's 1996 Livable Communities rental housing goals. The income limits and proposed rents are as follows: Family Income Limits Proposed Comparable Market ~ (60% Qf m~dian) Bedrooms RentL~vc1s Rate Rents in E:e Two $24,500 Two $587 $1,000 Three $27,550 Three $682 $1,200 Four $30,600 Four $742 N/A Five $33,050 Six $35,500 The Planning Commission unanimously approved the Tax Increment Plan and Project Plan for the Columbine project January 22, 1996, and unanimously approved the zoning for the development December 11, 1996. Springsted Incorporated, the City's financial advisors, have evaluated the proposal and determined that but for the use of TIF to help finance the development, it would not otherwise occur. Beginning in 1998 the City will collect full taxes from the development and return 90% of them back each year for thirteen years. The total TIF expected to be contributed to the development over this time has a present value of $337,500, and will be repaid to the City in twenty-five years when the first mortgage on the development is paid in full. 11 Using TIF to finance low income and elderly housing is consistent with the City's Comprehensive Plan, and has been used to finance both the Sterling Ponds and Elim Shores elderly apartment developments. SUPPORTING INFORMATION: Memo dated January 26, 1996. Resolution approving Tax Increment Plan for City Council Resolution adopting the Tax Increment Plan for HRA Tax Increment Plan and Project Plan for Columbine project MEMORANDUM TO: Mayor and City Council Housing and Redevelopment Authority THROUGH: Chris Enger, Community Development Director FROM: David Lindahl, BRA Manager DATE: January 26, 1996 SUBJECT: Tax Increment Financing (TIF) Plan for Columbine Road Townhouse Project The purpose of this memo is to brief you about a Tax Increment Financing (TIF) Plan for the proposed Columbine Townhouse project located between the U.S. Post Office and Birdies Sport Park in Eden Prairie. This development, which has been in the works for about a year, will provide 32 townhouse units for low-income families that will be credited toward meeting the City's Livable Communities Act obligations for 1996. The project is proposed to be financed using a combination of public financing tools including: Low Income Housing Tax Credits through the Minnesota Housing Finance Agency (MHF A). Tax Increment Financing through the City Eden Prairie Community Development Block Grant (CDBG) through the Department of Housing and Urban Development (HUD) and the City of Eden Prairie. The developer has requested Tax Increment Financing (TIF) and Community Development Block Grant (CDBG) funds from the City to help finance the project in order to help offset high land costs and reduce rents. The City's financial advisor, Springsted Incorporated, has evaluated the proposal and determined that without public assistance the project would not be financially feasible. The project was reviewed and approved by the Planning Commission December 11,1995. The enclosed TIF Plan will be before the City Council and Housing and Redevelopment Authority (HRA) for review and approval February 6, 1996. There will also be a public hearing the same evening to consider zoning and development approvals. The City Council and HRA are required by Statute to review and approve the enclosed Project Plan and TIF Plan. Rick Rosow indicated that the City Council, who is also the HRA, can simultaneously open a public hearing as a Council and call a meeting as an lIRA to review and act on the TIF Plans. Project Plan: The attached Project Plan indicates that the City BRA recognizes that in certain cases public participation is necessary to cany out goals of the City's Comprehensive Plan. It lists certain objective the BRA will seek to achieve within the Project Area, which includes increasing the supply of affordable housing. The Plan also describes the Project Plan boundaries which are coterminous with the development area boundaries shown as Exhibit I in the Project Plan. Tax Increment Financing Plan . -The developer has requested Tax Increment Financing (TIF) and Community Development Block Grant (CDBG) funds from the City to help finance the project in order to help offset high land costs and reduce rents. The City's financial advisor, Springsted Incorporated, has evaluated the proposal and determined that without public assistance the project would not be fmancially feasible. As you may know, TIF financing involves using future tax revenue expected from a new project over a certain period of time to help finance the costs of the proj ect. In other words, each year the City will collect full taxes from the owners of the Columbine project and return a portion back to them. Another way to view it is that the project would not be fmancially feasible if the owners had to pay full property taxes on the project. The need for TIF is outlined in pages three and four of the enclosed Plan. It states that the developer has represented to the City that it would not develop the proposed project without TIF assistance because of prohibitive costs associated with providing below market rents. The TIF District will be certified in 1996 and is expected to run through 2010. Tax increments will be collected for thirteen years beginning in 1998, which is the first year they are expected to pay full taxes (see exlnbit III in TIF Plan). The Plan sets out to establish a Qualified Housing District within the boundaries of the Project Plan in order to finance certain costs associated with the proposed affordable housing townhouse. The present value of the total TIF the City would provide to the project is $337,500. This represents the maximum TIF the City would provide over thirteen years provided the project generates this level of taxes. To qualify as a Housing District, a least 80% ofthe value of improvements made to the project with TIF funds must be for low and moderate income persons. The project clearly qualifies as a Housing District since 100% of the units will be affordable to persons with incomes at or below 60% of the median income for the Metro Area, which when adjusted for family sizes are as follows: Income Proposed Comparable Eami1:t: Siz~ Limit (6Q%) B~drQQm:i Rent Rent inEf One $21,400 2 $587 $1,000 Two $24,500 3 $682 $1,200 Three $27,550 4 $742 N/A Four $30,600 Five $33,050 Six $35,500 Repayment: Staff has negotiated a deal with the developers where they will repay the City for the TIF they receive. The repayment will occur in twenty-five years (2020) when their first mortgage is paid off, or when the project sells, whichever happens first. Repayment will be secured through a second mortgage. This would be the first time the City has ever attempted to recover TIF funds from a housing project. Any TIF funds returned to the City will have to be used within the Project Area, or TIF for Columbine Townhomes Page2 be returned to all other taxing jurisdictions (school, county, etc.). The City has used TIF financing in the past to help finance the following two projects: Sterling Ponds 56 unit Elderly Apartments (1990) $1,500,000 in TIF Elim Shores 61 unit Elderly Apartment (1990 units) about $800,000 in TIF The City will also have a separate repayment agreement for a $142,125 Community Development Block Grant (CDBG) loan that will be'used to help write down land costs for the project. The developer has agreed to repay the CDBO loan with interest (5%) beginning in year sixteen of the project (2011). The City will receive annual payments of $10,000 from 2011 to 2020, and will receive a balloon payment of $42,125 for the balance of the principal, and accrued interest of about $150,000 in 2020. The City has been banking CDBO funds for the last three years for the purpose of helping provide affordable rental housing. The Council approved the use of these CDBG funds for this purpose at public hearing held last April1995. Consistency with Comprehensive Plan: The City's Comprehensive Plan includes a variety of goals related to affordable housing and the use of City financing tools to accomplish these goals. Specific goals from the Comprehensive Plan that relate to the Columbine proposal, goals that were reaffirmed by the Planning Commission and City Council in 1994, are as follows: Lower Development Costs of Low Income and Elderly Development by Reducing Fees and Offer Support of Development Costs with CDBO Funds, Tax Increment Financing, and Other Possible Means. Use Full Authority of the City's Housing and Redevelopment Authority to Support Development of Low Income and Elderly Housing Projects. Utilize PUD Approach to Evaluate Specific Projects. Encourage Low Income and Elderly Housing Developments Throughout Eden Prairie and Provide Quality Services Required by Residents. TIF for Columbine Townhomes Page3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION RELATING TO REDEVELOPMENT PROJECT AREA NO.4 AND TAX INCREMENT FINANCING (QUALIFIED HOUSING) DISTRICT NO. 12; APPROVING THE PROJECT PLAN AND A TAX INCREMENT FINANCING PLAN THEREFORE BE IT RESOL YED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority of the City of Eden Prairie, Minnesota (the "Authority"), pursuant to Minnesota Statutes, Sections 469.001 to 469.047, as amended, has prepared and presented to the City for approval, a redevelopment plan, as defined in Minnesota Statutes, Section 469.002, subdivision 16, designated as the Project Plan (the "Project Plan") for Redevelopment Project Area No.4 (the "Project Area"), and a redevelopment project to be undertaken pursuant thereto, as defmed in Minnesota Statutes, Section 469.002, subdivision 14 (the "Redevelopment Project"). The Project Plan has been transmitted to the planning agency of the City, which has determined that the Project Plan conforms to the general plan for the development of the City. Pursuant to Minnesota Statutes, Section 469.028, the approval of the Project Plan is for the consideration of this Council. On February 6, 1996, this Council conducted a public hearing on the desirability of approving the Project Plan. Notice of the public hearing was duly published as required by law in the &1M" 0l'fDitril, ~, the official newspaper of the City, on Januazy 25, 1996. 1.02. Pursuant to Minnesota Statutes, Sections 469.174 to 469.179 (the "Act"), the Authority has adopted a tax increment financing plan for the proposed Tax Increment Financing (Qualified Housing) District No. 12 (the "Financing Plan"), which is now before this Council for approval. The Financing Plan was prepared in conjunction with the Project Plan and is the proposed method for fmancing the public redevelopment costs of certain of the redevelopment activities to be undertaken pursuant to the Project Plan. The proposed Tax Increment Financing (Qualified Housing) District No. 12 (the "District") comprises one tax parcel within the Redevelopment Project as described in the Financing Plan. 1.03. Members of the Board of County Commissioners of Hennepin County and of the Board of Education of Independent School District No. 272 have been given an opportunity to meet with the City and comment on the Financing Plan. Pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, this Council on February 6, 1996, conducted a public hearing on the desirability of approving the Financing Plan, in conjunction with the public hearing conducted on the proposed Project Plan. Notice of the public hearing was duly published as required by law in the eJ-Ul'tDiNI. ~, the omcial newspaper of the City, on Janwuy 25, 1996. The City has [not] received written comments on the Financing Plan from the county and the school district after providing the county and the school district boards with information on the fiscal and economic implications of the Financing Plan not less than 30 days before the date of the public hearing. 1.04. In addition to the notice and opportunity described in Section 1.03, as required by Minnesota Statutes, Section 469.175, Subdivision 2a, the City, not less than 30 days before the publication of the notice of public hearing referred to in Section 1.03, delivered written notice to the member of the Board of County Commissioners of Hennepin County who represents the District. The notice contained a general description of the boundaries of the District, the proposed development activities to be undertaken therein, an offer by representatives of the City to meet and discuss the proposed District with the county commissioner and a solicitation of the commissioner's comments with respect to the District. Section 2. Approval of Project Plan. On the basis of the proposed Project Plan adopted by the Authority and the infonnation elicited from consultation with the planning agency and at the public hearing referred to in Section 1.01, it is hereby found, detennined and declared: 2.01 The Project Plan proposes that the City undertake certain redevelopment activities for the purpose of encouraging the development of a low and moderate income housing project in the Redevelopment Project. The Council hereby fmds that the proposed Project Plan would improve the Redevelopment Project by retarding blight, encouraging private redevelopment of property therein, thereby increasing low and moderate income housing opportunities and the tax base of the City and overlapping taxing jurisdictions. 2.02. This Council hereby finds that the private redevelopment proposed to be encourages in the Redevelopment Project pursuant to the proposed Project Plan would not occur without the fmancial aid to be provided pursuant to the Financing Plan since private developers could not economically develop the District without the proposed redevelopment activities. 2.03. This Council hereby finds that the Project Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the District by private enterprise. The redevelopment activities contemplated in the Project Plan would help to retard blight in the Redevelopment Project and provide an increase in low and moderate income housing opportunities in the City and enhance the tax base of the City. 2.04. This Council hereby finds that the redevelopment activities proposed by the Project Plan conform to the general plan for the development of the City as a whole. The redevelopment activities are compatible with the City's zoning ordinances and other related regulations and encourage efficient use of existing infrastructure as set forth in the City's Land Use Plan. It is in the best interests of the City to approve the Proj ect Plan. . -----~--------- 2.05. Upon review ofthe Project Plan, the information elicited from the planning agency and at the public hearing, and on the basis of the findings made in Sections 2.01 to 2.04, this Council hereby approves the Proj ect Plan. Section 3. Approval ofFinanciJli Plan. On the basis of the Financing Plan and the information elicited at the public hearing referred to in Section 1.03, it is hereby found, determined and declared: 3.01. The Financing Plan provides the means to finance certain public redevelopment costs of the Redevelopment Project, including the redevelopment activities described in Section 2.01 which benefit the District. The Financing Plan contains a statement of objectives for the improvement of the Redevelopment Project, a statement as to the development program for the District and a statement of the property within the Redevelopment Project which the City intends to acquire. The Financing Plan also estimates the public redevelopment costs of the Redevelopment Project, the amount of bonded indebtedness to be incurred (not to exceed $375,000), the sources of revenues to finance or otherwise pay public costs of the District, the most recent net tax capacity of taxable real property within the District, the captured net tax capacity of the District at completion and the duration of the District. The Financing Plan also describes and identifies the development activities to be undertaken or expected to be undertaken in the District. The Financing Plan further contains alternative estimates of the impact of the proposed tax increment financing on the net tax capacities of all taxing jurisdictions in which the District is located. All the captured tax capacity is necessary for the objectives ofthe District. 3.02. This Council hereby finds that the District is a geographic area within a "project" as defmed in Minnesota Statutes, Section 469.174, Subdivision 8, and is a proper tax increment fmancing district within the meaning of Section 469.174, Subdivision 9. This Council further fmds, based on the information in the Financing Plan and representations of the developer, that the District consists of a project intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1937, as amended, or similar federal legislation and the regulations promulgated thereunder. As evidence thereof, the developer represents that the project qualifies for the low-income housing tax credit under Section 42 of the Internal Review Code of 1986, as amended. The project to be constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein. Therefore, the District qualifies as a "housing district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 11. The income limitations of Section 469.1761 of the Act are applicable to tenants in the project, because the District is not located in a targeted area as defmed in Minnesota Statutes, Section 462C.02, Subdivision 9, clause (e). 3.03. This Council hereby finds that the private redevelopment proposed to be encouraged in the Redevelopment Project pursuant to the proposed Project Plan would not, in the opinion of this Counci~ occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment fmancing is deemed necessary. Without tax increment fmancing of the costs ofthe redevelopment activities generally described in Section 2.0 I and proposed by the Project Plan which increases the financial feasibility of the proposed redevelopment, private investment would not develop the District within the reasonably foreseeable future. The studies and analyses supporting this finding are identified in the Financing Plan. 3.04. This Council hereby fmds that the Financing Plan confonns to the general plan for the development of the City as a whole. The development is compatible with the City's zoning ordinances and other related regulations and encourages efficient use of existing infrastructure as set forth in the City's Land Use Plan. 3.05. This Council hereby finds that the Financing Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the District by private enterprise. The redevelopment activities contemplated in the Project Plan would help to retard blight in the Redevelopment Project and provide an increase in low and moderate income housing opportunities in the City and enhance the tax base of the City. 3.06. As required by Section 49.176, Subdivision 4d, it is expected that all of the tax increment to be derived from the District will be used to finance costs of the low and moderate income housing project, including the costs of public improvements directly related thereto and allocable administration expenses of the Redevelopment Project. 3.07. Upon review ofthe Financing Plan, the infonnation elicited at the public hearing and on the basis of the findings in Sections 3.01 to 3.06, this Council hereby approves the Financing Plan and the establishment of the District as a tax increment financing district in the City, to be denominated "Tax Increment Financing (Qualified Housing) District No. 12." Passed by the City Council this 6th day of February, 1996. Attest: _____________ _ John D. Frane, City Finance Director/Clerk Dr. Jean Harris, Mayor CERTIFICATE AS TO RESOLUTION I, the undersigned, being the duly qualified and acting recording officer of the City of Eden Prairie, Minnesota (the "City"), hereby certifY that the attached resolution is a true copy of Resolution No. , entitled: "RESOLUTION RELATING TO REDEVELOPMENT PROJECT AREA NO.4 AND TAX INCREMENT FINANCING (QUALIFIED HOUSING) DISTRICT NO. 12; APPROVING THE PROJECT PLAN AND A TAX INCREMENT FINANCING PLAN THEREFORE" (the "Resolution"), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Council of the City at a meeting on February 6, 1996, and that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. WITNESS my hand officially this 6th day of February, 1996. John D. Frane, City Finance Director/Clerk · --------------------------------- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION ADOPTING THE PROJECT PLAN FOR REDEVELOPMENT PROJECT AREA NO.4 IN THE CITY OF EDEN PRAIRIE AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (QUALIFIED HOUSING) DISTRICT NO. 12 BE IT RESOLVED by the Housing and Redevelopment Authority of the City of Eden Prairie, Minnesota, as follows: 1. The Housing and Redevelopment Authority of the City of Eden Prairie, Minnesota (the "Au,thority") has reviewed the Project Plan for Redevelopment Project Area No.4 (the "Project Plan") and a Tax Increment Financing Plan for Tax Increment Financing (Qualified Housing) District No. 12 (the "Tax Increment Plan"). 2. Adoption. The Project Plan and the Tax Increment Plan are hereby adopted, subject to approval by the City Council as provided in Section 4, based on the findings in Section 3. 3. Findin~. The Authority hereby makes the following findings: a. The tax increment fmancing district to be established pursuant to the Tax Increment Plan (the "District"), based on the infonnation in the Tax Increment Plan and representations of the developer, consists ofa project intended for occupancy, in part, by persons or families of low and moderate income, as defmed in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1937, as amended, or similar federal legislation and the regulations promulgated thereunder. As evidence thereof, the developer represents that the project qualifies for the low-income housing tax credit under Section 42 of the Internal Revenue Code of 1986, as amended. The project to be constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein. Therefore, the District qualifies as a "housing district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 11. The income limitations of Section 469.1761 of the Act are applicable to tenants in the project, because the District is not located in a targeted area as defined in Minnesota Statutes, Section 462C.02, Subdivision 9, clause (e). b. The proposed development, in the opinion of the Authority, would not reasonably be expected to occur solely through private investment within the reasonable foreseeable future and, therefore, the use of tax increment financing is deemed necessary since private developers could not economically develop the project without the proposed subsidy. 4. Transmittal. The Authority does hereby transmit the Project Plan and the Tax Increment Plan to the Eden Prairie City Council for approval after the same has been considered by the Council subsequent to a public hearing to be held in accordance with Minnesota Statutes, Chapter 469. 5. Filin~. Following approval by the City Council, the SecretaI)' is hereby authorized and directed to file the Project Plan and the Tax Increment Plan with the Commissioner of Revenue as required by Minnesota Statutes, Section 469.175, Subdivision 2. Passed by the Housing and Redevelopment Authority of the City of Eden Prairie, Minnesota, this 6th day of February, 1996. Chair .. Attest: ____________ _ Secretary City of Eden Prairie, Minnesota Housing and Redevelopment Authority Project Plan for Redevelopment Project Area No.4 Dated: January 17, 1996 Prepared by: SPRINGSTED INCORPORATED 85 E. Seventh Place, Suite 100 St. Paul, MN 55101-2143 (612) 223-3000 30 Section A B C D E F G -------------~--------~~-~ TABLE OF CONTENTS Definitions ............................................................................................ . Statutory Authorization ......................................................................... . Statutory of Need and Public Purpose ................................................. . Statement of Objectives ....................................................................... . Boundaries of the Project Area ............................................................. . Property Acquisition ............................................................................. . Estimated Public Costs ........................................................................ . page{s) 1 1 2 2-3 3 3 3 Map of the Project Area ........................................................................................ . EXHIBIT I 3\ City of Eden Prairie, Minnesota Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority" means the Housing and Redevelopment Authority of the City of Eden Prairie, Minnesota. ~ means the City of Eden Prairie, Minnesota; also referred to as a "Municjpality". "City Councjl" means the City Council of the City. "County" means Hennepin County, Minnesota. "Governing Body" means the Board of Commissioners of the Authority. "HRA Act" means the Minnesota Municipal Housing and Redevelopment Act, Minnesota Statutes, Sections 469.001 through 469.047, both inclusive. "Land Use Regulations" means all federal, state and local laws, rules, regulations, ordinances . and plans relating to or governing the use or development of land in the Project Area, including but not limited to environmental, platting, zoning and building code laws, regulations and ordinances. "project Area" means the geographic area of Redevelopment Project Area No.4. "project plan" means the Project Plan for Redevelopment Project Area No.4. "public Costs" means the costs of land acquisition, public and site improvements, repayment of debt service on tax increment bonds, and other eligible costs as set forth in the Project Plan and Tax Increment Financing Plan(s). "School District" means Independent School District No. 272, Minnesota. "State" means the State of Minnesota. 'TIF Act" means Minnesota Statutes, S.ections 469.174 through 469.179, both inclusive. 'TIF District" means any tax increment financing district presently established or to be established in the future in the Project Area. "TIF plan" means the respective tax increment financing plan for each TIF district located within the Project Area. Section B Statutory Authorization The HRA Act authorizes the Authority to exercise all the powers relating to a housing and redevelopment authority granted under Minnesota Statutes, Sections 469.001 to 469.047, or other law. It is the intention of the Governing Body, notwithstanding the enumeration of specific goals and objectives in the Project Plan, that the Authority shall have and enjoy with respect to the Project Area the full range of powers and duties conferred upon the Authority pursuant to the HRA Act, the TIF Act, municipal housing and redevelopment authority laws, and such other legal authority as the AuthOrity may have or enjoy from time to time. ~ SPRINGSTED Page 1 .' City of Eden Prairie, Minnesota Section C Statement of Need and Public Purpose The Authority finds that there is a need for development within the City and the Project Area in order to provide employment and housing opportunities, to improve the local tax base, and to improve the general economy of the City and the State. The economic security of the people in the City depends upon proper development of property that meets anyone of a number of conditions, including properties whose values are too low to pay for the public services required or rendered and properties whose lack of use or improper use has resulted in stagnant or unproductive land that could otherwise contribute to the public health, safety, and welfare. The Authority finds that in many cases such property cannot be developed without public partiCipation and assistance in various forms including property acquisition and/or write-down, proper planning, the financing of development costs associated with clearance, grading and soils correction, and the making of various other public and private improvements necessary for development. In cases where the development of property cannot be done by private enterprise alone, the Authority believes it to be in the public interest to consider the exercise of its powers, to advance and spend public money, and to provide the means and impetus for such development. The Autnority finds that in certain cases property within the Project Area would or may not be available for development without the specifiC financial aid to be sought, that the Project Plan will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project Area by private enterprise, and that the Project Plan conforms to the general plan for the development of the City as a whole .. Section 0 Statement of Objectives The Authority seeks to achieve one or more of the following objectives. with respect to the Project Area, as the Authority may deem appropriate and necessary. (1) To promote and secure the prompt development of property within the Project Area, such property which is not now in its most productive use, in a manner consistent with the Comprehensive Plan of the City, thus realizing Comprehensive Plan, land use, and tax base goals. (2) To assist development in the Project Area through the acquisition or write-down of certain interests in property which is not now in productive use or in its highest and best use, to make or defray. the cost of soil corrections or site improvements on said property, and to construct or reimburse for the construction of public improvements and other facilities on or for the benefit of said property, thereby promoting and securing the development of other land within the Project Area. (3) To secure the increase and availability of rental housing property for individuals and families of low to moderate income within the Project Area. (4) To secure the increase of industrial and commercial property subject to taxation within the Project Area. (5) To promote and secure additional employment opportunities within the City and to prevent the loss of existing employment opportunities, thereby preventing the loss of valuable human resources. (6) To provide funding for an ongoing development strategy and to prioritize the use of available resources. FJ SPRINGSTED Page 2 (7) (8) (9) Section E City of Eden Prairie, Minnesota To implement and revise from time to time, as may be deemed necessary or desirable, a consolidated and unified Project Plan and to finance the associated development costs on an area-wide basis. To employ. any of the powers of the Authority for the benefit of the Project Area in such cases and upon such terms as the Authority may deem appropriate. To construct or acquire facilities deemed desirable for the development of the Project Area. Boundaries of the Project Area The property within the City which constitutes the Project Area includes the property contained within the boundaries described below and is illustrated on the map attached as Exhibit I. The Authority finds that the Project Area, together with the objectives which the Authority seeks to accomplish or encourage with respect to such property, constitutes a "Redevelopment Project" as defined by Minnesota Statutes, Section 469.001, Subdivision 14. parcellD Number Legal DeSCription 22-116-22-11-0015 Outlot A Anderson Lakes Center Second Addition The area encompassed by the Project Area shall also include all street right-of-way and utility or drainage easements located upon or adjacent to the property described above. Section F Property Acquisition The Authority may acquire property, or appropriate interest therein, within the Project Area as it deems necessary or desirable to assist in the implementation of the Project Plan. Section G Estimated Public Costs It is anticipated that the estimated costs of the public improvements to be constructed or other development costs to be incurred within the Project Area will be financed in whole or in part by tax increments or proceeds of tax increment bonds. Such costs are listed below: Tax Increment Financing (Qualified Housing) District No. 12 Land Acquisition Site Improvements -Earthwork Site Improvements -Utilities Administration Total $212,000 67,600 57,900 37.500 $375,000 The Authority reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such public costs including, but not limited to, special assessment, federal or state funds, and investment income. . ~ SPRINGSTED Page 3 s 2 I . , I (4) Redevelopment Project Area No.4 and Tax Increment Financing (Qualified Housing) District No. 12 (5) ~~~ CT. LOCATION ... ".t· (5) \ 3 ~--- NORTH I! :·1§ EXHIBIT I » City of Eden Prairie, Minnesota Housing and Redevelopment Authority Tax Increment Financing Plan . for Tax Increment Financing (Qualified Housing) District No. 12 (Columbine Road Housing Project) Dated: January 17, 1996 Prepared by: SPRINGSTED INCORPORATED 85 E. Seventh Place, Suite 100 St. Paul, MN 55101-2143 (612) 223-3000 TABLE OF CONTENTS Section page(s) A Definitions ....... ....................................................................................... 1 B Statutory Authorization .......................................................................... 1 C Statement of Need and Public Purpose ................................................. 1 D Statement of Objectives ..................... ...................................... ............. 1 E DeSignation of Tax Increment Financing District as a Qualified Housing District ................................................................. 1-2 F Duration of the TIF District .. .... ........ ................................ ........ .......... .... 2-3 G Property to be Included in the TIF District ............................................. 3 H Property to be Acquired in the TI F District.............................. ................ f 3 Specific Development Expected to Occur Within the TIF District ........... 3 J Findings and Need for Tax Increment Financing ................................... 3-4 K Estimated Public Costs ............................................ .............. ... ............ 4 L Estimated Sources of Revenue ............................................................. 4-5 M Estimated Amount of Bonded Indebtedness ........ .......................... ....... 5 N Original Net Tax Capacity ............................................. :....................... 5 o Original Tax Capacity Rate ... ... ..... ...................... ...... ......... ............ ....... 5-6 P Projected Retained Captured Net Tax Capacity and Projected Tax Increment ................................................................. 6 Q Use of Tax Increment............................................................................. 6-7 R Excess Tax Increment............................................................................ 7 S Tax Increment Pooling .......................................................................... 7-8 T Limitation on Administrative Expenses ........ ..... ................... ............ ...... 8 U Limitation on Property Not Subject to Improvements ........ ..................... 8-9 V Estimated Impact on Other Taxing Jurisdictions ................................... 9 W Local Govemment Aid Penalty ... ......................... ........... .... ............... .... 9 X Prior Planned Improvements ............................. .... ................................ 9 Y Development Agreements ............. ............. ........... ......................... .... ... 9 Z Assessment Agreements .............. ...................... .......... ........................ 9-10 M Modifications of the Tax Increment FinanCing Plan ............................... 10 AB Administration ofthe Tax Increment Financing Plan ............................. 10-11 AC Financial Reporting and Disclosure Requirements ...... ................... ....... 11-12 Map of the Tax Increment Financing District.......................................................... EXHIBIT I Assumptions Report .............................................................................................. EXHIBIT II Projected Tax Increment Report ............................. :.............................................. EXHIBIT-11\ Estimated Impact on Other Taxing Jurisdictions Report ........................................ EXHIBIT IV 31 City of Eden Prairie, Minnesota Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority" means the Housing and Redevelopment Authority of the City of Eden Prairie, Minnesota. ~ means the City of Eden Prairie, Minnesota; also referred to as a "Mynicipality". "City Council" means the City Council of the City. "County" means Hennepin County, Minnesota. "project Area" means the geographic area of Redevelopment Project Area No.4. "project plan" means the Project Plan for Redevelopment Project Area No.4. "School District" means Independent School District No. 272, Minnesota. "State" means the State of Minnesota. 'TIE Act" means Minnesota Statutes, Sections 469.174 through 469.179, both inclusive. 'TIE District" me:lns Tax Increment Einancing (Qualified Housing) District No. 12. 'TIE plan" means the tax increment financing plan for the TIE District (this document). Section B Statutory Authorization The Authority is authorized to establish and administer the TIE District and to finance public costs through tax increment financing pursuant to the TIE Act. Section C Statement of Need and Public Purpose See the Project Plan for Redevelopment Project Area No.4. Section D Statement of Objectives See the Project Plan for Redevelopment Project Area No.4. Section E DeSignation of Tax Increment Financing District as a Qualified Housing District Housing districts are a type of tax increment financing district which consists of a project intended for occupancy, in part, by persons or families of low and moderate income. Low and moderate income is defined in a number of federal, state, and municipal legislation. A project does not qualify if the fair market value of the improvements, constructed for uses other than low and moderate income housing, are more than 20% of the total fair market value of all the planned improvements. The fair market value of the improvements may be determined using ~ SPRINGSTED Page 1 City of Eden Prairie, Minnesota the cost of construction, capitalized income, or any other appropriate method of estimating marketing value. ' In addition, housing districts are subject to various income limitations and requirements for residential property. Such limitations and requirements do not apply to interest reduction programs that are less than or equal to 12 years in duration or to housing districts located in targeted areas as defined in M.S. Section 462C.02, Subdivision ge. For owner occupied residential property, 95% of the housing units must be initially purchased and occupied by individuals whose family income is less than or equal to the income requirements for qualified mortgage bond projects under section 143(f) of the Internal Revenue Code. For residential rental property, the property must satisfy the income requirements for a qualified residential rental project as defined in section 142(d) of the Internal Revenue Code. A rental property also satisfies the above requirements if 50 percent of the residential units in the project are occupied by individuals whose income is 80 percent or less of the area median gross income. The TIF District qualifies as a housing district in that it meets all of the criteria listed above. It is anticipated that 100% of the planned improvements in the TIF District will be for low and moderate income housing purposes. In addition, the TIF District meets the requirements for a "qualified housing district" in that all of the housing units will meet all of the requirements for a low income housing credit (whether such credits are received or not) under Section 42 of the Internal Revenue Code of 1986, as amended through December 31, 1992. As a qualified housing district, the TIF District does not cause any ,reduction in the local government aid received by the City from the State (see Section W). The above requirements apply for the duration of the TIF District. Failure'to comply with these requirements results in application of the duration limits for economic development districts to the TIF District, that is the lesser of (a) nine years from the date of receipt of the first tax increment or (b) 11 years after approval of the TIF Plan. If at the time of the noncompliance, the TIF District has exceeded the duration limits for an economic development district, the TIF District must be decertified effective for taxes assessed in the next calendar year. Tax increments derived from a housing district must be used solely to finance the cost of housing projects as defined above. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the Authority may be included in the cost of a housing project. Section F Duration of the TIF District Housing districts may remain in existence 25 years from the date of receipt of the first tax increment. This term shall be reduced to 20 years if the Authority elects to delay receipt of the first tax increment until a minimum market value for the TIF District is reached or exceeded, or four years have elapsed from the date of certification, whichever is earlier. Modifications of this plan (see Section AA) shall not extend these limitations, unless the Authority elects under certain circumstances to extend the duration of TIF District in order to recover eligible pollution cleanup costs incurred by the City (see M.S. Section 469.176, SUbd. 1 g for details). The AuthOrity does not elect to delay receipt of the first tax increment. The Authority reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law (projected to be through the year 2022), but anticipates that the TIF District will be decertified prior to that time (see Section P). All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the Authority. . ~ SPRINGSTED Page 2 City of Eden Prairie, Minnesota In addition, no tax increments shall be paid to the Authority from the TIF District after three years from the date of certification unless within that time period: (1) bonds have been issued in aid of the Project Area (except revenue bonds issued pursuant to M.S. Sections 469.152 to 469.165); (2) the Authority has acquired property within the TIF District; or {3} the Authority has constructed public improvements within the TIF District. Section G Property to be Included in the TIF District The TIF District is a 3.3 acre area of land located within the Project Area. A map showing the location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel 10 Number 22-116-22-11-0015 Legal Description Outlot A Anderson Lakes Center Second Addition The area encompassed by the TIF District shall also include all street right-of-way and utility or drainage easements located upon or adjacent to the property described above. Section H Property to be Acquired in the TIF District The Authority may acquire and sell any or all of the property located within the TIF District; however, the Authority does not anticipate acquiring any such property. Section I Specific Development Expected to Occur Within the TIF District Development expected to occur within the TIF District consists of construction of 32 rental housing units for families and individuals of low to moderate income. The two-story townhome style units will be of frame construction and will be housed in eight separate buildings. Two-, three-and four-bedroom units will be available in each building, as well as six attached garages per building (two single and two double stall). Garage, kitchen and living rooms occupy the entry level with bedrooms on the upper levels. Exterior building material is a combination of face brick and siding. All buildings are expected to be fully constructed in 1996 and be 100% assessed and on the tax rolls as of January 2, 1997 for taxes payable in 1998. At the time this document was prepared there were no signed construction contracts with regards to the above described development. Section J . Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as a housing district and as a qualified housing district; ~ SPRINGSTED See Section E of this document for the reasons and facts supporting this finding. 40 Page 3 City of Eden Prairie, Minnesota (2) The proposed. development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future; The reasons and facts supporting this finding are that the developer has represented to the Authority that it would not undertake the proposed development without the assistance of tax increment financing. Private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that development by private enterprise will occur within the Project Area. (3) The TIF Plan conforms to the general plan for development or redevelopment of the City as a whole; and The reasons and facts supporting this finding are that the TIF District is or will be properly zoned and the TIF Plan will generally compliment and serve to implement poiicies adopted in the City's comprehensive plan. (4) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Project Area by private enterprise. Section K The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area. Estimated Public Costs The estimated public costs of the proposed development in the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Land Acquisition Site Improvements -Earthwork Site Improvements -Utilities Administration Total $212,000 67,600 57,900 37,500 $375,000 The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The Authority anticipates providir:'lg financial assistance to the proposed development through the use of a pay-as-you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer as reimbursement for public costs incurred (see Section K). Reimbursement may include accrued interest, but in no event will the total reimbursements exceed the total estimated public costs plus accrued interest. ~ SPRINGSTED Page 4 41 City of Eden Prairie, Minnesota The Authority reserves the right to finance any or all· public costs of the TIF District using pay- as-you-go assistance, internal funding, general obligation debt, or' any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The Authority does not anticipate issuing tax increment bonds to finance the estimated public costs of the TIF District, but reserves the right to issue such bonds in an amount not to exceed $375,000. Section N Original Net Tax Capacity The County Auditor shall certify the Original Net Tax Capacity of the TIF District, which will be the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 1995, for taxes payable in 1996, is $276,000. Upon establishment of the TIF District, and subsequent reclassification of property, it is estimated that the Original Net Tax Capacity of the TIF District will be approximately $2,752. Each year the County Auditor shall certify the amount that the Original Net Tax Capacity has increased or decreased as a result of: (1 ) (2) (3) (4) Section 0 changes in the tax-exempt status of property; reductions or enlargements of the geographic area of the TIF District; changes due to stipulation agreements or abatements; or changes in classification rates. Original Tax Capacity Rate The County Auditor shall also certify the Original Tax Capacity Rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the Original Net Tax Capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the Original Tax Capacity Rate of the TIF District. At the time this document was prepared, the sum of all local tax rates that apply to property in the TIF District, for taxes levied in 1995 and payable in 1996, was not yet available. When this total becomes available, the County Auditor shall certify this amount as the Original Tax Capacity Rate of the TIF District. For illustrative purposes, the sum of the local tax rates for taxes levied in 1994 and payable in 1995, is 135.860% as shown on the following page. ~ SPRINGSTED Page 5 ----------------------------------------------- City of Eden Prairie, Minnesota Section P Taxing Jurisdiction City of Eden Prairie Hennepin County ISO # 272, Eden Prairie Other Total 1994/1995 Local Tax Rate 24.090% 37.454% 67.235% 7.081% 135.860% Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shan determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the Original Net Tax Capacity, the difference shan be known as the Captured Net Tax Capacity of the TIF District. The County Auditor shan certify to the Authority the amount of Captured Net Tax Capacity each year. The AuthOrity may choose to retain any or all of this amount. It is the Authority's intention to retain 100% of the Captured Net Tax Capacity of the TIF District. Such amount shall be known as the Retained Captured Net Tax Capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits Ct>ntained in this TIF Plan, including Exhibit 111 which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.1 % of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit 111 shows the projected deduction for this purpose over the antiCipated life of the TI F District. The Authority has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the fonowing purposes: (1) Pay for the estimated public costs of the TIF District (including administrative expenses, see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumUlate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District in proportion to their local tax capacity rates. ~ SPRINGSTED 43 Page 6 .' City of Eden Prairie, Minnesota Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involvE::d waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government. This prohibition does not apply to the construction or renovation of a parking structure, a common area used as a public park, or a facility used for social, recreational, or conference purposes and not primarily for conducting the business of the community. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of aSSistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sales of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess tax increments to: (1 ) (2) (3) (4) Section S prepay any outstanding tax increment bonds; discharge the pledge of tax increments thereon; pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or return excess tax increments to the County Auditor for redistribution to the City, County and School District in proportion to their local tax capacity rates. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Tax Increment Pooling At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 20% of the tax increments may be spent on costs outside of the TIF District, but within the boundaries of the Project Area. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; fj SPRINGSTED Page 7 (2) (3) City of Eden Prairie, Minnesota used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or used to pay bonds that were issued and sold to a third party, the proceeds of which are ·reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments must be· used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The Authority does not anticipate that tax increments will be spent outside of the TIF District (except for allowable administrative expenses); however, the Authority does reserve the right to allow for tax increment pooling from the TIF District in the future. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority other than: (1) a.mounts paid for the purchase of land; . (2) amounts paid for materials and services, including architectural and engineering services directly connected with the proposed development within the TIF District; (3) relocation benefits paid to, or services provided for, persons or businesses located within the TIF District; or (4) amounts used to pay interest on, fund a reserve for, or sell at a discount, tax increment bonds. Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total estimated public costs authorized by the TIF Plan or (b) 10% of the total tax increment expenditures of the project. Section U Limitation on Property Not Subject to Improvements If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that.parcel shall be excluded from the TIF District and the Original Net Tax Capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The Authority must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences any of the above activities, the Authority shall certify to the County ~ SPRINGSTED Page 8 LJ5 City of Eden Prairie, Minnesota Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the Original Net Tax Capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to the other jurisdictions. The Authority believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. Section W Local Government Aid Penalty Tax increment financing districts established or expanded after April 30, 1990 may cause a reduction in the local government aid (LGAlHACA) received by the City from the State. Such reduction is an offset to the decrease in state aid the School District would otherwise receive, due to the manner in which the Retained Captured Net Tax Capacity of the TIF District is treated in the school aids formula. However, because the TIF District is a qualified housing district the City is exempt from any loss of local government aid. Section X Prior Planned Improvements The Authority shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the Original Net Tax Capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the property located within the TIF District. Section Y Development Agreements If more than 10% of the acreage of a project (which contains a housing district) is to be acquired by the Authority with proceeds from tax increment bonds then, prior to such acquisition, the Authority must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority should the development not be completed. The Authority antiCipates entering into an agreement for development, but does not anticipate acquiring any property located within the TIF District. Section Z Assessment Agreements The Authority may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. ~ SPRINGSTED Page 9 City of Eden Prairie, Minnesota The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be a reasonable estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The Authority does not anticipate entering into an assessment agreement. Section AA Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the Captured Net Tax Capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the AuthOrity shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the Project Area or the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's Original Net Tax Capacity, or the Authority agrees that the TIF District's Original Net Tax Capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the Project Area or the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AS Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority shall also request that the County Auditor certify the Original Net Tax Capacity and Net Tax Capacity Rate of the TIF District. To assist the County Auditor in this process, the AuthOrity shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The Authority shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by thd Retained Captured Net Tax Capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan; other devejopment, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the Authority shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. ~ SPRINGSTED Page 10 City of Eden Prairie, Minnesota (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before. July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the Original Net Tax Capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: . (a) the value of property that changes from tax-exempt to taxable shall be added to the Original Net Tax Capacity of the TIF District. The reverse shall also apply; (b) the Original· Net Tax Capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if the TIF District is classified as an economic development district, then the Original Net Tax Capacity shall be increased by the amount of the annual adjustment factor; and (d) if laws governing the classification of real property cause changes to the percentage of Estimated Market Value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the Original Net Tax Capacity and the Retained Captured Net Tax Capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the Original Net Tax Capacity of the TIF District. Section AC Financial Reporting and Disclosure Requirements The State Auditor shall enforce the prOVisions of the TIF Act and shall have full responsibility for financial and compliance auditing of the Authority's use of tax increment financing. On or before July 1 of each year, the Authority must annually submit to the State Auditor, City Council, County Board and County Auditor, and the School District Board a report which shall: (1) provide full disclosure of the sources and uses of public funds in the TIF District; (2) permit comparison and reconciliation of the accounts and financial reports; (3) permit auditing of the funds expended on behalf of the TIF District; and (4) be consistent with generally accepted accounting principles. The report shall include, among other items, the following information: (1) the Original Net Tax Capacity of the TIF District; (2) the Captured Net Tax Capacity of the TIF District, including the amount of any Captured Net Tax Capacity shared with other taxing jurisdictions; . (3) for the reporting period and for the duration of the TIF District, the amount budgeted under the TIF Plan, and the actual amount expended for, at least, the following categories: (a) acquisition of land and buildings through condemnation or purchase; ~ SPRINGSTED Page 11 q-Z City of Eden Prairie, Minnesota (b) site improvements or preparation costs; (c) installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; (d) administrative costs, including the allocated cost of the Authority; and (e) public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements. (4) for properties sold to developers, the total cost of the property to the Authority and the price paid by the developer; and (5) the amount of increments rebated or paid to developers or property owners for privately financed improvements or other qualifying costs. Additional inbrmation which must be annually reported to the State Auditor, by July 1 of each year, includes: (1) for the entire City: (a) the total principal amount of nondefeased tax increment bonds outstanding at the end of the previous calendar year; and (b) the total amount of principal and interest payments that are due for the current calendar year on tax increment bonds. (2) for each tax increment financing district in the City: (a) the type of district; (b) the date the TIF District is required to be decertified; (c) the amount of any payments and the value of in-kind benefits, such as physical improvements and the use of building space, that are financed with revenues from increments and are provided to another governmental unit during the preceding calendar year, (d) the tax increment revenues for taxes payable in the current calendar year; (e) whether the TIF Plan permits tax increment revenues to be expended for activities located outside of the TIF District, and (f) any additional information that the State Auditor may require. The Authority must also annually publish in a newspaper of general circulation in the City an annual statement for each tax increment financing district showing the tax increment received in that year, the original and captured net tax capacity, the amount of outstanding bonded indebtedness, the amount of increments paid to other governmental bodies, the amount paid for administrative costs, the sum of increment paid, directly or indirectly, for activities and improvements located' outside of the district, the increase in property taxes if a fiscal disparity contribution is being made from outside of the district, and any additional information the Authority deems necessary. ~ SPRINGSTED Page 12 qq " s 2 ,f .. . . I (el Redevelopment Project Area No.4 and Tax Increment Financing (Qualified Housing) District No. 12 (5) t\~" CT. LOCATION .... , I , 3 ~- I! •. s:s:c I .......... EXHIBIT I 'L Assumptions Report • City of Ed.n Prairi •• Minn.sota Tax Incr.m.nt Financing (Qualifi.d Housing) District No. 12 Columbin. Road Housing Proj.ct (Anticipat.d Lif. of TIF District) Typ. of TaX Incr.m.nt Financing District Maximum Duration of TlF District Qualified Housing 25 year. from 1 st Increment 02/15/96 EXHIBIT \I C.rtificatlon Date of TlF District D.c.rtification Date of TlF District 12/01/2010 (13 Year. of Increment) Bas. Estimated Market Valu. per Unit lim.s: First $72.000 1.00% Exc... 2.00% Original Net Tax Capacity per Unit Original Net Tax Capacity 1995/1996 $8.625 ($276.000 / 32 Units) 86 o $86 $2.752 1-- - - - - -A ..... m.nt/ColI.ction Year ------1 Ba •• E.timated Market Valu. per Unit Increas. in EMV per Unit Total Estimat.d Market Valu. lim.s: Fir.t $72.000 Exc.s. Total Net Tax Capacity Numb.r of Unit. Total Estimated Market Valu. Total Net Tax Capacity Bas. Inflation Factor Local Tax Capacity Rate 1.00% 2.00% 1996/1997 $8.625 0 $8.625 86 0 $86 32 $276.000 $2.752 Fiscal Dispariti.s Contribution From TlF District Admini.trativ. Retainag. Perc.nt (maximum -10%) Pooling P.rcent City Tax Rate (Only if Local-Effort TlF) Bonds Bond. Dated First Interest Oat. Underwriter. Di.count Principal & Inter.st @ LGA/HACA Lo •• : 02/15/96 02/01/97 1.50% 100% Will Annual Local Contribution B. Mad. (Y.s or No)? I.S.D #272 Equaliz.d Tax Capacity Rat. I.S.D #272 Sal •• Ratio City of Ed.n Prairie Sal •• Ratio City of Eden Prairl. Taxabl. NTC Pr ••• nt Value Date Pr.s.nt Value Rat. Pr.par.d by: Springst.d Incorporat.d (16-Jan-96) 1997/1998 1998/1999 $8.625 $8.625 85.125 85.125 $93.750 $93.750 720 720 4S5 4S5 $1.155 . $1.155 32 32 $3.000.000 $3.000.000 $36.960 $36.960 NA 140.000% (Estimat.) 0.0000% 10.00% 0.00% NA Loan Loan Dated Loan Rate No 02/15/96 9.00% 38.53% (Averag.) NA NA NA 02/15/96 5.00% 1999/2000 $8,625 85.125 $93.750 720 4S5 $1.155 32 $3.000.000 $36.960 v'\ ~ Less: Annual Total Original Period Net Tax Net Tax Ending Capacity Capacity (1 ) (2) (3) 12/31/96 2,752 2,752 12/31/97 2,752 2,752 12/31/98 36,960 2,752 12/31/99 36,960 2,752 12/31/2000 36,960 2,752 12/31/2001 36,960 2,752 12/31/2002 36,960 2,752 12/31/2003 36,960 2,752 12/31/2004 36,960 2,752 12/31/2005 36,960 2,752 12/31/2006 36,960 2,752 12/31/2007 36,960 2,752 12/31/2008 36,960 2,752 12/31/2009 36,960 2,752 12/31/2010 36,960 2,752 12/31/2011 36,960 36,960 12/31/2012 36,960 36,960 Projected Tax Increment Report , City of Eden Prairie, Minnesota Tax Increment Financing (Qualified Housing) District No. 12 Columbine Road Housing Project (Anticipated Ute of TIF District) Less: Retained Times: Plus: Fiscal Captured Tax Annual Local Disparities @ Net Tax Capacity Gross Tax Contribution 0.0000% Capacity Rate Increment 0.00% (4) (5) (6) (7) (8) 0 0 140.000% 0 0 0 0 140.000% 0 0 0 34,208 140.000% 47,891 0 0 34,208 140.000% 47,891 0 0 34,208 140.000% 47,891 0 0 34,208 140.000% 47,891 0 0 34,208 140.000% ·47,891 0 0 34,208 140.000% ·47,891 0 0 34,208 140.000% 47,891 0 0 34,208 140.000% 47,891 0 0 34,208 140.000% 47,891 0 0 34,208 140.000% 47,891 0 0 34,208 140.000% 47,891 0 0 34,208 140.000% 47,891 0 0 34,208 140.000% 47,891 0 0 0 140.000% 0 0 0 0 140.000% 0 0 $622,583 $0 Prepared by: Springsted Incorporated ( 16-Jan-96) Less: Less: Admin. State Auditor Annu~1 Retainage Deduction Net 10.00% 0.10% Revenue (9) (10) (11) 0 0 0 0 0 0 4,789 48 43,054 4,789 48 43,054 4,789 48 43,054 4,789 48 43,054 4,789 48 43,054 4,789 48 43,054 4,789 48 43,054 4,789 48 43,054 4,789 48 43,054 4,789 48 43,054 4,789 48 43,054 4,789 48 43,054 4,789 48 43,054 0 0 0 0 0 0 $62,257 $624 $559,702 J) 0J Taxing Jurisdiction City of Eden Prairie Hennepin County ISO #272, Eden Prairie Other (2) Totals Estimated Impact on Other Taxing Jurisdictions Report City of Eden Prairie, Minnesota Tax Increment Financing (Qualified HotJsing) District No. 12 Columbine Road Housing Project Without TlF District With TlF District Projected 1994/95 1994/95 Retained New Hypothetical Taxable 1994/95 Taxable Captured Taxable Adjusted Net Tax Local Net Tax Net Tax Net Tax Local Capacity (1) Tax Rate Capacity (1) Capacity Capacity Tax Rate 56,014,476 24.090% 56,014,476 34,208 56,048,684 24.075% 868,370,688 37.454% 868,370,688 34,208 868,404,896 37.453% 53,962,788 67.235% 53,962,788 34,208 53,996,996 67.192% 7.081% 34,208 7.081% 135.860% 135.601% Hypothetical Hypothetical Tax Generated Decrease In by Retained Local Captured Tax Rate N.T.C. 0.015% .8,236 0.001% 12,812 0.043% 22,985 0.059% Statement 1: If the prolected Retained Captured Net Tax Capacity ofthe TlF District was hypothetically available to each of the taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax rate would decrease by 0.059% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TlF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TlF District is not available to the taxing jurisdictions, then there is no Impact on taxes levied or local tax rates. (1) Taxable net tax capacity = total net tax capacity -captured TlF -fiscal disparity contribution. (2) The Impact on these taxing jurisdictions Is negligible since they represent only 5.21 % of the total tax rate. Prepared by: Springsted Incorporated (26-Dec-95 ) e~ -DATE: CITY COUNeR. AGENDA FEBRUARY 6,1996 ~-,~a 1 ""I r-; 1 IIi I SECTION: DEPARTMENT: ITEM DESCRIPTION: ITEM NO. FINANCE PAYMENT OF CLAIMS VI \ CHECKS NUMBER 38020 THRU 38481 Action/Direction: I FEBRtwrr 6 I 1996 38020 HEALTHPARfNERS 38021 MDICA CHOICE 38022 38023 38024 38025 38026 38027 38028 38029 38030 38031 38032 38033 38034 38035 38036 38037 38038 38039 38040 38041 38042 38043 38044 ABES ALES AND BEER Il'\Y DISTRIBUfIN3 CClvPANr EAST S I IE BEVERt'GE CO GRI a:;S ca::P.ER & CO IOC M'\RK VI I DISTRIBUfIN3 CClvPANr MIIMEST COCA CaA BOITLIN3 CO PEPSI CCLA CClvPANr TIKJRPE DISTRIBUfIN3 CClvPANr TRICIA IEVRIES SHARCN GRAUSAN JLVr M\RCUS BrnNIE swwsrn BCNNIE swwsrn VOIV OUT CHECK IEB SALCALClS MARTHA WAVVELL IXJlE 1D\EY JANE AI.J..EN V£NDr HlNTER .M£S CCNSTRIrl' I rn BOYD M'\SCNRY' GARTNER REFRIGERATIrn & M'G IOC GENUINE PARTS CClvPANr HEALTH INSUlWO: PREMl LM FOR TH MNrH OF JANU\RY. HEALTH INSUlWO: PREMlLM FOR THE MNI'H OF JANU\RY/HEALTH INSI..lRAOCE PREMlLM FOR THE 1vrnI'H OF JANUA.RT. BEER. BEER. BEER. BEER. BEER. MIX. MIX. BEER. REFLND-S'MMv1fN3 LESsrns. REFLND-S'MMv1fN3 LESSrns. REFLND-TAI CHI CHIN crASS. REFLND-S'MMv1fN3 LESSrns. REFLND-S'MMv1fN3 LESSrns. REFLND-S'MMv1fN3 LESsrns. REFLtID-S'MMv1lN3 LESSCNS. REFLtID-S'MMv1fN3 LESSCNS. REFI.lID-GTWA5TICS crASS. REFI.lID-GTWA5TI CS crASS. REFl.ND FOR HrDRANT/1v£TER LESS W\TER USED . REFLND FOR HrDRANI'/lvETER LESS W\TER USED. FRECN FOR RINK SYSTEM-CCtvM.NITI CENIT.R.. FILTERS/SCREMS/BLADES/BELTS/RELATS/MIR HEAD/lDSE ENDS/F ITTIN3S/FUSFHliJ/ I NSLLATOR/ STARTER FLillD/SEALANT /BATI'ERY'/ MISC ST<XK PAKI'S-FLEEI' SERVICES-PARK M4JNTENANCE • 38045 38046 38047 38048 38049 LAKE Sll'ERIOR CCLLEGE CGlFEREN:E EXPENSE-ENiINEERINi. lvRPA 'MNI'ER SPORTS 'MNTER SPOKI'S TEAM REGISTRATICNS. RYAN CCNSTRIrfIrn REFLlID FOR HrDRANT/lvETER LESS W\TER USED. PLBLIC ElvPLOrEES RETIREMNI' ASSOC PATRCLL 12-29-95. ~T BANKS 1vN N A FEIERAL SOCIAL SECURIrr AND MDICARE 38050 PIZZA HUf 38051 US POSTM'\STER 38052 US POSTM'\STER 38054 38055 38056 38057 38058 38059 38060 38061 BETTI BJORKM\N M\RGRET .lXD4. CAMILLE EHRI CH CLGA FRIEI:M\N taLLA GORDAN LATCNIA HANSCN YaIAN ILAmARATNE NI ca:u; KLINEFELTER 19055623 'MTHfKLDIN3 P.ATh£Nf PATRCLL 01-05-96. YOUl'H SPECIAL TRIP. FIRST CLASS RETURN PasT~. $85.00 ~ BUS REPLY PE~T/$205.00 REJJU:ED RATE FOR 12 IvamiS. REFlND-CERAMlCS SENIOR CLASS. REFlND-SKATIN3 LESSCNS. REFLtID-SKATIN3 LESSCNS. REFLND-YOUfH SPECIAL TRIP. REFLND-SKATINi LESSCNS. REFLtID-ARl' OF IJRAMNi. REFLtID-S'MMv1fN3 LESSrns. REFtND-S'MMv1fN3 LESSrns. 2 VI 27298.54 51468.05 80.00 7374.45 16539.10 24.04 4914.74 1228.34 410.50 18992.40 54.00 21.00 25.00 18.00 18.00 0.00 3.00 15.00 3.00 26.00 23.00 533.01 298.90 1227.70 1192.53 20.00 968.00 294.10 20704.28 35992.55 50.04 100.00 290.00 6.50 100.00 85.66 22.00 42.80 20.00 35.00 37.00 - - ----~~~----~~~~-- ~-----------, ---~~~~~------------- FEBR.UA.RY 6 I 1996 VI 38062 JaiN M\RSHALLA REFLID-SMMAI Ni LESSCNS. 47.00 38063 ANNETTE MIlLER REFLID-SKATINi LESSCNS. 47.00 38064 ANNE MrHRAN REFU'ID-SKATI Ni LESSCNS. 42.83 38065 RENEU..E NELSCN REFl.ID-SMMAINi LESSCNS. 15.00 38066 IEBORAH CLSON REFLNIrSKATINi LESSCNS. 47.00 38067 LAUREN Ra:EKl.HR REFLID-CERAMl CS SENIOR CLASS. 6.50 38068 1vf\Rr RaSE REFLID-SKATINi LESSCNS. 37.00 38069 Ra3IN STEMRT REFLID-SKATINi LESSCNS. 47.00 38070 lvRS RCMEI<AMJ REFLND-SMMAINi LESSCNS. 18.00 38071 JERKr THIMSEN REFLND-SKATlNi LESSCNS. 10.00 38072 ANN SCHUSTER REFLID-CERAMl CS SENIOR CLASS. 6.50 38073 JI.NE MM£R REFl.ID-SKATINi LESSCNS. 18.67 38074 MRP 55 ALIVE 1vf\TURE DRlVINi TUITICN FOR 1vf\TURE DRlVINi CLASS. 168.00 38075 PATRICIA BARKER REFl.ID-CHRI STIvf\S ORNMvENTS FOR EM?LOrEE 128.92 HCLI Il'\Y LLNCHECN. 38076 CHANHASSEN DI NNER THEATRE SENIOR TRIP-FEES PAID. 629.00 38077 ErEN PRAIRIE JAZZ ENSEM3LE ENfERI'AINMNI'-1996 M\RI'IN LUI'HER KINi 75.00 CELEBRATI CN. 38078 JaiN ELGETHLN I NSTRLCTOR FOR CRQSS COLNfRY SKI CLI NI C-30.00 AQ4.PTIVE REC PRaiRAM. 38079 ELYCE KASTIGAR MI LUGE-COvM.NITr CENI'ER. 126.00 38080 JCEL KLUI'E SERVlCE-OfFICIAL-FEES PAID. 200.00 38081 .I<RAElvERS HCl£ CENI'ER EXT CQRIl<)/crLINIER/TRIGGER TORCH HEAD/ 824.38 KEYS/KEY -RI NiS/SLEIl5/TORCH/SCRAPERS/ BAITERYS/BI RD FEELER/HOUSE NU.£ERS/PAI NT / OUTLET STRIP /SLRiE PROfECTOR/HCXK5/ ALW?T.ER/MISC SLPPLIES-PARK MtUNl'ENAlfir YOill'H RECREATI CN-F I HE IEPT-UI'ILITIES. 38082 lvRPA W REC AND PARK ASSa:IATION AW\RUS 25.00 LLN:HECN. 38083 MJRTHERN STATES PCMER CO SERVICE. 43526.58 38084 PAllETT THCM?SON CONfERENCE-UI'ILITIES DIVISION. 145.00 38085 w:NDr SCHMITZ REI1vBURSa£Nr-ITEMS PURCHASED FOR MAJrrIN 94.08 LUI'HER KI Ni DINNER. 38086 SISINNI FaD SERVICE 1v£ETIN:i EXPENSE-CITr HAlL/ENVIRCNv£.NI'AL 3756.69 w\sTE/STAFF Ml'G/MJ< DINNER/EWLOrEE LLN:H. 38087 LNITED PCMER ASSa: COOFERENCE-STREET OCPAKThENf. 175.00 38088 DIVISICN Of ElvERGENCY WMC' CCNFERENCE-PCLICE IEPT. 31.00 38089 GENE ABBOIT PARKIN:i AND MILEPGE EXPENSE-INSPECTICNS. 47.25 38090 APPLEBEES RESTAURANT GIFT CETIFICATE-Q TIP AMRD. 25.00 38091 Il.<\M\ M' INC .LCXX BClX-FI RE IEI!f. 100.78 38092 MICHAEL J FABINI MI LUGE REI1vBURSElvENI'-I NSPECTI CNS . 24.95 38093 NORTHERN STATES PCMER CCM?ANr SERVICE. 13050.61 38094 PRYOR RESOURCES INC CONfERENCE EXPENSE-CClvM.NITr CENTER. 99.00 38095 U S PQ)T~TER RETURN PQ)TAGE ACCOlNT FOR COvM.NITr 200.00 BROCHURE SUR\l.EY. 38096 U S v.EST CCMvlNI CAT I ONS SERVICE. 3885.15 38097 JIM ZAIe REIM3URSEMNI' FOR STATE M<\STER PLLM3INi 100.00 LICENSE. 38098 MICHAEL J FABINI MfLVGE AND PARKINi REI1vBURSElvENI'-24.15 INSPECTIONS. 6783404 3 -------- FEBRUARY 6) 1996 38099 LNIVERSI'IT OF MINNESOTA MNICIPAl..S MNTER lIDRKSHCP-CCNFERENCE EXPENSE CI'IT HALL. 38100 38101 38102 38103 38104 VOIV OUT CHECK . ~T SLBURBAN Ca..LMRlS CREDIT tNI PAYRa.L 1-5-96. MLLIAM LEM?ESIS MII..VGE-LIQlm STORE II. JCEN R LlNN MILElGE-LIQlm STORE II. MlSIC THEATRE INI'ERNATICNAL SECURI'IT FEE Fffi FIIXLER CN THE RCX.£ lvt\TERIAl..S Fffi StlvtvER THEATRE. 38105 PETIT CASH 38106 JERRr PRCIX:EHL PETIT CAS~I'IT CENTER. EXPENSES-W STATE SI.PERINTENIl'\NT ASsa; JAN M:.ETI N:7. 38107 S~ cur SHELF AND INSTAI.LATICN VIrEO RCXlvf!REVAMJ BASE CABINET IN IE'ITNfICN RaM 00 TO 38108 38109 38110 38111 38112 38113 38114 38115 38116 38117 38118 38119 38120 38121 38122 38123 38124 38125 38126 38127 38128 38129 38130 REUX:ATI CN OF CAB I NET • SEYM¥J< AMI N REFLND-SKATI N:7 LESSeNS. ETHEL ANIERSCN REFLND-CE1l'\RHURST MW5ICN. BRETT BOOS REFLND-SMMv1lN:i LESSeNS. FLIZABETH BRACKEN REFLND-LIFEGU\RD TRAININi. IELLORA Ca..EM\N REFLND-CEI::ERHl.R5T M\NS I CN. CYNTHIA C<XK REFLND-LIFEGU\RD TRAINlNi. BEVERLY EASTHOUSE REFLND-BRImE CLASS. PAllA HALLAU REFLND-LIFEGLNID TRAININ:7. JEAN a:w:LL REFLND-BRIIXiE CLASS. AL KRU'.GAR REFLND-LIFEGLNID TRAININ:7. VIa..ET LAPPIN REFLND-CEJlI\RHURST M\NSICN. NANCY LENZI REFLND-SMMvfiN:7 LESSCNS. PAlLA 1vEYERS REFLND-SKATIN:7 LESSCNS. NAOCY a..SCN REFLND-ENJGr W MNI'ER SESSICN. PALL a..sCN REFLND-ENJGr W MNI'ER SESSICN. SUSAN SEPTER REFLND-LIFEGU\RD TRAININi. M\RLYS AND J.M£S MLSCN REFLND-CEJlI\RHURST M\NSICN. LORRAI NE MNNECK REFLND-REFRESHER DRIVIN:7 COURSE. PAPER AARE.HOU5E INC SLPPLIES-~ RESOURCES. M:TRaJeLITAN COlNCIL MSTEMTER S a::TCJ3ER 95 SIC. CHARGES. MINNESOTA STATE TREASURER a::TCJ3ER 95 BWWIN:7 PERMIT SURCHARGES. PTIC. GOVERNA£Nf TRAININ:7 SERVICE TRAININ:7 EXPENSE-Pa..lq: r£PT. CCS CCNCRETE AND M'\SOORY INC REHAB WJRK -16371 ~TGATE TRAIL FRAN VI LAND. 38131 W SOCIE'IT OF ARBORlCILTURE REGISTRATICN Fffi RICHARD MLLIAMiCN- ELECTRI CAL HAZARIl5 AW\RENESS PRaiRAM. 38132 LNIVERSI'IT OF W REGISTRAR 2674 SEMINAR EXPENSE-ASSESSIN:7 r£PT. 38133 U S W:ST CELLlLAR SERVI CE. 38134 THE LNITED STATES CCNFERENCE OF M CCM-'ERENCE REGISTRATICN-US CCNFERENCE OF MA.YORS. 38135 VOIV OUT CHECK 38136 CAPITAL HILTCN HOrEL 38137 DR JEAN HARRIS 38138 ABES ALES AND BEER 38139 BELLBor CORPORATICN 10466331 . IDfEL RESERVATICNS-CCM-'ERENCE EXPENSE. ADVANCE-C~ EXPENSE/US CCNFERENCE OF M'UORS. BEER. BEER. VI 490.00 0.00 575.00 171.08 65.52 300.00 20.61 14.50 621.15 38.66 27.00 21.00 160.00 27.00 160.00 25.00 160.00 25.00 160.00 27.00 21.00 14.30 15.00 15.00 160.00 54.00 5.00 17.58 88357.50 6708.64 220.00 2973.00 155.00 225.00 1519.45 400.00 0.00 301.32 200.00 36.00 177 .00 ------------~ -----~------ FEBRU4.RY 6, 1996 VI 38140 mY DISTRIBLU'Il'li CCM?ANr BEER. 12776.65 38141 EAST S I IE BEV£R.4GE CO BEER. 4208.05 38142 EAST S I IE BEVERPGE CO BEER. 19212.60 38143 GRIGGS CCXFER & CO IN: BEER. 24.04 38144 MA.RK VI I DISTRIBLU'Il'li CCM?ANr BEER. 15749.44 38145 MIIMEST Ca:A Ca..A BOITLIl'li CO MIX. 622.05 38146 PEPSI -CCLA CCM?ANr MIX. 210.10 38147 PHILLIPS 'MNE & SPIRITS BEER. 19.00 38148 QU\LITY 'MNE & SPIRITS CO BEER. 23.95 38149 THE 'M NE CCM?ANr BEER. 19.20 38150 THORPE DI STRI BLU'I l'li CCM? ANr BEER. 16678.75 38151 CHETS SAFETY SALES IN: LNIFORM EXPENSE-FLEET SERVICES/PARK 1004.40 MV NI'ENAl'U.. 38152 G NEIL CCM?ANIES SLPPLIES-HLM\N RESOURCES. 288.85 38153 M E M A TREASURER OFGANlZATlrn M1vf3ERSHIP-PCLICE IEPI'. 60.00 38154 CITY OF ST PALL TRAINI1'l7-PCLlCE IEPI'. 290.00 38155 CITY OF ST PALL TRAINI1'l7-PCLlCE IEPI'. 100.00 38156 CITY OF ST PALL TRAI NI 1'l7-PCLI CE IEPI'. 290.00 38157 CCLIN D SCHMIDI' TillTlrn REIM3URSE1vENI'. 1206.21 38158 ROSETTI VAASSEN REIM3URSE FOR 1/4 FITNESS CERTIFICATlrn 29.75 AND TRAI NI l'li CLASS. 38159 JIM ZAIC REIM3URSE FOR PARKIl'li/PLM3 LICENSE-25.25 INSPECTI rn rEPr. 38160 CIRCUS PIZZA YOUfH SPECIAL TRIP. 239.63 38161 CIRCUS PIZZA YOUTH SPECIAL TRIP. 119.81 38162 M\PLEWXlJ CavM.NITY CENTER YOUTH SPECIAL TRIP. 94.52 38163 PETTY CASH TO REIM3URSE FOR YOUTH SPECIAL TRIP. 50.04 38164 RCLLER GARIEN YOUTH SPECIAL TRIP. 150.00 38165 V£LCH VIILPGE YOUTH SPECIAL TRIP. 700.00 38166 LNIVERSITY OF MINNESOTA SEMINAR EXPENSE-MNICIPALS 'MNrER 70.00 OCJRKSHCF . 38167 MfFA ATTN DIANA LlND LI HC WJRKSHCF /TRAINI l'li EXPENSE/COvM.NITY 15.00 IEVEUFh.£Nf • 38168 U S POSTM\STER PCl5TPGE-LU'ILITY BILLIl'li DISTRICT #3 921.60 PERMIT 241. 38169 ~T BANKS MINNESOTA N A FEIERAL SOCIAL SECURITY AND lvEDICARE 88106.98 'MTHHCLDI l'li Pl'Ml' P AYRClL 1-19-96. 38170 VtEST StI3URBAN CCLtlvBUS CREDIT LNI PAYRClL 1-19-96. 750.00 38171 MRP 55 ALIVE M<\TURE DRIVIl'li TillTlrn FOR 55 ALIVE/MAJURE DRIVIl'li CLASS. 88.00 38172 KAMI KI SSNER SERVI CE-G'l'MlASTI CS INSTRIrTOR-FEES PAID. 105.00 38173 TRI COLNIT LAW ENfORCEM'NI' ASSOCI 1996 M:M3ERSHIP-PCLlCE rEPr. 50.00 38174 W r:EPT OF !GRICLLTURE LI CEN:E RENEML-PARKS lEPARTMNf. 20.00 38175 W pco:.. SPA CFERATIrn TRAINIl'li TRAINI l'li EXPENSE-CavM.NITY CENTER 165.00 AQUA.TICS. 38176 SANIJr MITCHELL OFFICE SLPPLIES REIM3URSE1vENI'. 44.22 38177 NORTHERN STATES PCMER CO SERVICE. 33572.21 38178 CFERAT I l'li E1'li I NEERS TRAI NI l'li PRm TRAI NI 1'l7-P ARKS r:EPT. 25.00 38179 SISINNI FaD SERVICE Mn'Il'li EXPENSE-CITY HALL. 189.62 38180 yCJlt.G ALDIEN:ES OF MINNESOTA SERVI CE-HI STORI CAL CLLTURE EVENT. 250.00 38181 JQA.NN BRLNER REFLNIrSKAT I l'li LESSCNS. 10.01 19857493 ------------------- -------------~ FEBRUARY 6, 1996 VI 38182 BARBARA CHACKO REFLND-SKATIN:7 LESSCNS. 8.33 38183 1vN ASPIW.T PAVEMNf ASSOC RECERTIF I CAT I CN TRAINlNi-ENiI NEERIN:7 IEPT. 320.00 38184 ABM EQUlPMN.l' & Sl.PPLY INC PARTS-FLEET SERVICES. 98.18 38185 AUf SECURITr SYSTDv5 SERVI CE-CClYfvtNITr CENTER. 1303.03 38186 AFF I R1vED M:DI CAL SERVI CES INC FIRST AID SUPPLIES-CITr fW.L. 119.69 38187 DERRICK ALLEN SERVlCE-BASKETBAl(K OFFICIAL-FEES PAID. 30.00 38188 ALTERNATIVE BUSINESS FURNITURE OFFICE FURNITURE-FACILITIES/FINANCE rEPT. 962.19 38189 M£RI CAN Al.LlAOCE FOR HEALTH 1v£.M3ERSHI P-AQ4J?T lYE RECREAT I CN. 125.00 38190 M£RICAN PtGIN:7 OF MINNESOTA SERVICE. 228.22 38191 PARK NICaLET 1vEDlCAL CENTER VACCINES-FIRE IEPT. 768.80 38192 M£RI CAN W\TER WJRI<:S ASSOC PUBLICATIONS-UTILITIES DIVISICN. 604.40 38193 ARNIE A1vRHEIN LNI FORM EXPENSE-STREET rEPT. 104.00 38194 ANCHOR PRI NfIN:7 CCM?ANr ARTS CCMvffSSICN BRCnIURE/SENIOR 1341.91 NEMLEITER. 38195 IX:N ANIERSCN JR SERVlCE-I:IC:X:KEY OfFICIAL-FEES PAID. 510.00 38196 EARL F ANIERSEN & ASSOC INC REINSTAl.LATICN Of SMN:7SET-PARKS rEPT. 710.00 38197 M£RI CAN PHOTO CCFY SERVICE CrnTRACT-CITr fW.L. 363.00 38198 APPLI AOCE OUI'LET CENTER REFRIGERATOR-PeLlCE IEPT. 159.69 38199 ASPEN EQUlPM:Nf CCM?ANr STOCK PUW PARTS-FLEET M\INI'ENNU,. 482.06 38200 ASSOCIATICN Of lvETRO MNICIPALITI PUBLlCATICN-UTILITIES DIVISICN. 75.00 38201 ASSOCIATICN Of TRAININ:7 1996 MEMBERSHIP DUES-POLICE IEPT. 20.00 38202 AT&T MRELESS SERVICES SERVICE-POLICE IEPT. 88.40 38203 PATRICIA BARKER PLELI CAT I CN-PARKS rEPT. 21.24 38204 THE BATTERY STORE BATTERY-POLL CE IEPT. 59.59 38205 BAlER BillLT INC STOCK BATTERIES-FLEET SERVICES. 299.48 38206 BECKER ARENA PRa:J[£TS INC SLI?PLIES-CCMvtNITr CENTER ICE ARENA. 242.47 38207 JEFF BELL PLELIC SPEAKER-FIRE IEPT. 125.00 38208 BELLBOr CORPORATICN Sl.PPLIES-LIQLOR STORES. 830.19 38209 BF I TI RE RECYCLERS OF W INC OGE RENTAL-FLEET SERVICES. 30.00 38210 BIFFS INC SERVI CE-PARK M\INrENAOCE. 1079.15 38211 BIG BCBS REPAIR SHCJP AND SCNS INC REPAIRS-FACILITIES. 80.00 38212 CITr Of BL<XMlIDTCN ANI JvfI\L CrnTRCL SERVI CE FOR .NO'vEM3ER 95/ 589.00 GRAPHICS ~-AIl'\PI'IYE RECREATI CN. 38213 BACCNS ELECTRIC CO LIGHTlNi-MTER TREATI.£NT FACILITr. 248.40 38214 BROAIW\Y A"W\RIlS RACLETBALL TRC:FHIES-ADILT RECREATICN. 65.39 38215 BL<XMlIDTCN LOCK & SAFE CO KEYS/PARTS-FACILITIES/UTILITIES. 324.30 38216 BANFF DISTRIBUTIN:7 DIESEL FILL-FLEET SERVICES. 3802.53 38217 E H BCECI<H CO SlBCRIPTICN RENEW\L-ASSESSIN:7 rEP1'. 153.36 38218 BCM\ 1v£.M3ERSHIP DUES-FACILITIES. 750.00 38219 BRALN INTERTEC CORPORATI CN SERVICE-MILLER PARK SKATIN:7 FACILITr. 1220.00 38220 BANDS INDUSTRIES INC SILECCN IECrnTAMlNATICN-PCLlCE IEPT. 131.61 38221 B & S Tcx:LS Sl.PPLIES-UTILITIES DIVISICN. 181.59 38222 NATHAN Bu:K SERVlCE-VULETBAl.L OFFICIAL-FEES PAID. 792.00 38223 BETH ?vO.RLEY BURNETT SERVI CE-SECURITr CA1vERAS CaMNITr CENTER. 72.70 38224 CAPITCL caM.NI CAT I CNS ADA.PTER/CELLLLAR PHCM:S/M\INI'ENANCE 3152.97 CrnTRACT/RADIO REPAIR-POLICE IEPI'. 38225 CATCO CLUTCH ANF TRANSMI SS I CN CLurCH REPLACEMNI'-FLEET M\INI'ENANCE. 1392.91 38226 CENTRA! RE INC M\INI'ENNa.-LI(JDR STORES/FIRE STATICN/ 1391. 58 PLELIC WJRI<:S/EATCN BLm. 38227 CHANHASSEN LA"Wil & SPORTS PARTS-PARK M\I NI'ENANCE. 156.40 2561376 FEBRUARY 6, 1996 VI 38228 CITrBL5INESS PtELI CATI CN-STREET r.EJ?T. 59.00 38229 CO2 SERVICES C02-Ca.MNITY CENTER. 43.01 38230 THE CCLOR CENTER PAINT AND PAINT SU'PLIES-ill'ILITIES. 339.32 38231 CCNNEY SAFETY PRC:l){..CfS SAFETY SLPPLIES-ill'ILITIES. 1419.93 38232 CCNTINENTAL SAFETY EQUIP I~ SAFETY LENS-SAFETY r.EJ?T. 35.29 38233 CCNI'ECH CCNST PRClJLCTS I ~ STORM DRAINiGE EXTEND-PLANT UGCXN RD. 496.76 38234 CCFY CHECK CCFIER REPAIR-Oill'1XXJR. CENTER. 30.00 38235 CORPORATE GRAPHICS CCMvERCIAL I CA Dr SPATCH CARDS-PCLI CE II.PT. 2338.21 38236 CRrSTEEL Dr ST INC ]ACKSTAND AND IiANfLE-FLEET SERVICES. 119.28 38237 CRG\N M\RKIl'G INC BAND STAM? REPAIR. 18.11 38238 CURTIN M4JHESCN SCIENTIFIC INC SLPPLIES-W\TER TREA'Th£NT FACILITY. 256.10 38239 Cill'LER MAGNER CCtvPANr QUI CKLI 1v£-W\TER TREATMNT FACILITY. 6549.67 38240 rnLCO 1vfo\I NI'ENAl\K:E SLFPLI ES-cavM.NTIY CENTLR/ 3104.61 FACILITIES. 38241 Il'\NKO E1v£RGENCY EQUIPMNT CO NECK STRAP/FITTIl'GS/DISCCNNECI' PLIE/ 894.88 INSa..ES/~ DISC KIT/CHINSTRAP/MISC SLPPLIES-FIRE DEPT. 38242 THE rnRTNELL CORPORATI CN PUBLICATICN-ill'ILITIES. 113.93 38243 UA.YS C<1vMNICATICNS INC SUBCRI PTI CN PCLI CE r.EJ?T. 14.00 38244 DA..VIES W\TER EQUIPMNT CO COUPLING-ill'ILITIES. 43.86 38245 IEALER Aill'ClvOTIVE SVCS I~ RADIO.AD\PI'ER. HARNESS-FLEET SERVICES. 90.53 38246 GARr DrETHELM GRAVE CFENIl'G AND CLOSIl'G. 325.00 38247 Dr REef SAFETY CO ~/GRIPS/SAFETY VEST-ill'ILITIES. 390.63 38248 IELEGARD TaL CO SHCF TCXLS-FLFEI' 1vfo\I NTNENACE. 501.53 38249 rnR DIVISICN OF W\TERS 1995 ANNl.W.. W\TER L5E APPRCl'RIATICN FEE. 10272.00 38250 DrNA SYSTEM> SUPPLIES-ill'ILITIES. 814.56 38251 EASTM\N I<rXW< CCtvPANr CCFIER SERVICE-CITY HALL. 355.80 38252 £UN PRAIRIE CHAM3ER OF CCM£RCE CHAM3ER OF CCM£RCE Ll.NCHECN/ 185.00 PARTICIPATICN IN BL5INESS EDI.L:ATICN PRffiRAM. 38253 fIEN PRAIRIE FORD TRANMI SSI CN REPLAC.E1v£NI' /MI SC PARTS-FLEET 2218.43 SERVICES. 38254 fIEN PRAIRIE SCHCXL DrST 272 SPECIAL YOill'H TRIP TRANSPOKfATICN/L5E OF 3132.48 GYM SPACE/QU4JrrERLY BILLIl'G OF HlM'\N RIGHTS AND SERVICES GRANT. 38255 £UN PARIRIE Sa:CER ASSa: REIMRlRSE1v£NT FOR SaxER GQA.L REPAIRS. 199.87 38256 EIEN PRAIRIE TIRE & Aill'O SVC REPAlRS-ill'ILITIES. 106.95 38257 CITY OF EDINA W\TER TESTING-IECEM3ER 95. 230.00 38258 EDINA S W PLl.lvBIl'G ~ REPAIR AT (LV FeLICE STATICN 414.95 W'lSH BAY AREA. 38259 EGGHEAD SOFTW\RE CCtvPUfER SOFTW\RE-CITY HALL. 16066.48 38260 ELK RIVER CCNCRETE PRaJlCTS ~ REPAIR-MITCHELL ROAD LEAK. 396.87 38261 ELVIN SAFETY SLPPLY INC OXYGEN SENSOR/RAIN ]ACKET/BaJI'S/FACEPIECE/ 637.40 MISC SLFPLIES-MTER TREATMNT FACILITY/ CCl\MNITY CENTER. 38262 EM3.EI:I:ED SYSTEM) INC S I RfN 1vfo\I NI'ENANCE. 3894.00 38263 E1v£RGENCY 1v£DI CAL PRCl){.LTS INC ffiFIBLLATOR CARRrIl'G CASE AND PAIlS-FIRE 18.95 OCI!T. 38264 EPISCCFAL CaMNITY SERVICES FOURTH QU4.RTER 95 CC1vMNITI SERVICE. 5933.00 38265 THE EXECill'I VE PRffiRAM PU3LI CAT I CN-FINANCE IEPT. 44.49 6210488 1 -------_. __ . FEBRtNrr 6) 1996 38266 EXPRESS M':SSEN:iER SYSTEMS IN: 38267 FEED RITE CCNI'RCLS IN: 38268 FEOCRAL EXPRESS CORPORATIrn 38269 FERRELLGAS 38270 FIBRCX:Clvf 38271 FIRE INSTRLCI'ORS ASSN 38272 FIRST BANK NA'T'TCNAT. A,\Scr 38273 VOIV OUT CHECK 38274 FLAGSHIP ATHLETIC CLLB 38275 FLAHERITS HAPPY 'f'YM: CO 38276 FLANIGAN SALES IN: 38277 FLLFILL PLUS 38278 GALAXr COvPUI'ER SERVICES 38279 THE GARrEN BCXl< CLLB 38280 GARDNER HARLMARE CO 38281 GE CAPITAL 38282 GENERAL OFFICE PRaJU:TS CO 38283 GENERAL SAFETY EQUIPM:NT CORP 38284 GETfM4.N COvPANr 38285 G & K SERVICES 38286 G & K DIRECT PURCHASE 38287 GLENROSE FLORAL AND GIFTS 38288 GaXJrEAR CavM:RCIAL TIRE & SYC 38289 Ga'HER STATE mE CALL IN: 38290 GOVERNMNT FINAOCE OFFICERS 38291 GOVERNMNT TRAININ:i SERVICES 38292 GRACELAND GRAPHICS IN: 38293 W W GRAIN:iER IN: 38294 GREENTREE GRAPHIC PRaJU:TS 38295 GlNNAR ELECTRIC CO INC 38296 ALAN HANSrn 38297 MICHAEL HAMILTrn 38298 HARM:N GLASS CaPANr 38299 PETER J HARN6 38300 JIM HATCH SALES 38301 LARRY G HIllARD 38302 1IDR EN} I NEERI N:i INC 38303 HE.NNE.PIN COlNTY TREASURER 38304 HENNEPIN cotNIT TREASURER 38305 HE.NNE.PIN COlM'Y TREASURER 38306 HENNEPIN CotNIY PLBLIC RECORIl5 38307 HENNEPIN TECHNICAL CCLLEGE 38308 D C HEY COvPANr IN: 38309 HOFFERS IN: 38310 HCLCl:7RAPHIC LABEL CalVERTIN:i INC 2213109 POSTPGE EXPENSE-CITY HALL. CHEMlCALS-'W\T.ER TREATA£Nf FACILITY. r:.ELIVERr EXPENSE-UTILITIES/PCLICE IEPI'. PRc:FANF,-CQ\MNITY CENfER. SERVICE-PCLICE IEPI'. SUPPLIES-FIRE DEPT. SAFETY rEPOSIT BOX RENTAL. FITNESS PROFILE TESTS-Pa...ICE IEPT. SLPPLIES-LIQtDR STORE I. ASH URNS-FACILITIES. COvPUI'ER SLPPLIES-FI NAl'n: IEPI'. SERVICE CCNI'RACT-FINAlU, IEPI'. PLBLI CAT I rnS-FORESTRr rEPT. SUPPLIES-l1J\TER IEPI' /CaMNITY CENTER. SERVICE-CCFIER SENIOR CENTER. OFFICE SLPPLIES-UTILITIES/FIRE IEPT. BALL VALVE-FI RE IEPT. SUPPLIES LIQLDR STORE I. LNIFORM EXPENSE-W\TER PLANT/PARKS/FLEET SERVICES. LNI FORM EXPENSE-CCMvINITY CENTER/PARK M\INTENANCE • SLFPLIES-HLM'\N RESOURCES. TI RES-FLEET M\INI'ENA1\CE. SERVI CE a:cE1vBER 95. GFOA ~ERSHIP APPLICATICN-FINA1U, IEPT. CrnFERENCf, EXPENSE-F INAlU, IEPI'. LAMINATE 1vf\PS -UTILITIES. VI MI SC SLPPLIES-F ACILITIES/COvM.NITY CENI'ER/ FIRE DEPT/UTILITIES. FIRE NM£ TPG-FI RE r:EPT. REPAIRS-FOREST HILLS MRMf1\G HOUSE/ PRESERVE W\RMI 1\G HOUSE. REI M3URSEJvENI' FOR SCFfW\RE. SERVI CE-Boor Ha:KEr /BRCXM3ALL OFF I CIAL- FEES PAID. I NSTAI..LAT I CN-PARK M\INTENANCE. SERVICE-BASKETBALL/CFEN GYM-FEES PAID. Sl-OV PLCW M\RKERS-FLEET SERVICES. SERVICE-ATTENDANT CFEN GYM-FEES PAID. CrnFERENCE EXPENSE-UTILITIES. POSTAL VERI FI CAT I rnS-ELECTI CN IEPT. PROPERTY CMNER LISTIN:i. IECEM3ER Rrovf AND BAORD-POLICE IEPI'. RECORDI N:i FEES. TRAI NI 1'&-FI RE IEPI'. M\I NI'ENA1'U: CCNTRACT-F I RE IEPI'. PAINT-PARK M\I NTENANCE. EDEN PRAIRIE FIRE LABELS. 101.70 3656.50 259.10 202.43 398.99 73.86 30.00 0.00 1600.00 220.50 2418.00 36.90 45.00 52.53 185.31 134.75 1431.50 140.25 77.00 905.97 1188.94 42.23 934.73 29.75 105.00 98.00 149.21 1092.74 34.65 239.50 370.62 255.00 73.90 92.50 162.67 130.00 45.00 122.64 15.00 2654.50 138.50 1102.20 51.97 202.15 829.40 FEBRU4.RY 6, 1996 VI 38311 J-lCNETI\ELL IN: MVNTENANCE IGREElvENT-UI'ILITIES. 1998.00 38312 ~IN: PARTS-UI'ILITIES. 92.34 38313 HORI:z.rn GRAPHI CS IN: JAN/FEB CaMNITY NE~. 4562.95 38314 HOSP SLPPLT SCIENTIFIC PROO SLPPLIES-'WITER TREATMNT PLANT. 51.69 38315 lNACCM C~ICN KEYBOARD REPLACEMNf-HlM\N RESOURCES. 118.76 38316 INFRATECH MH LINER -UTILITIES. 348.52 38317 I NSTY-PRINTS PRINTI1£ EXPENSE-PCLlCE rEPr. 63.74 38318 INTERFACE SUBCRIPTI~UTILITIES. 135.00 38319 INTERSTATE IETROIT DIESEL IN: CARTRID3E AND AI.N\PI'ERS FOR PRCLINKE-FLEET 488.87 SERVICES. 38320 Jf\CKSCN HIRSH IN: OFFICE SLPPLIES-UI'ILITIES. 204.94 38321 GLENN JaiNSCN REFUID-SLPPLIES FIRE IEPT. 16.24 38322 JERRY' NEWl.f\RKET M:ETI1£ EXPENSE-FIRE rEPr. 50.72 38323 CRAIG JERIE SERVlCE-ATf£NIl6m'-FEES PAID. 25.00 38324 CHRI S JESSEN SERVlCE-BRCXM3ALL OFFICIAL-FEES PAID. 157.50 38325 JaJNSCN CCNTRCLS REPAIRS-CaMNITY CENTER. 4060.00 38326 IT ]aJNSCN PORTABLE RADIO SPEAKER MICRa?HCN:S-PCLlCE 1234.34 IEPT. 38327 KINKOS F AMI LT CARE B<XI<LETS/CCI?IES-CaMNI'IT 1382.27 IEVEUFMNT /CI'IT HALL. 38328 LI SA KUX:1\ZEIM SERVlCE-1ULEY.BALL OFFICIAL-FEES PAID. 506.00 38329 ]C£L KLUTE INTERNSHIP. 200.00 38330 .K!XX SlLFER PRCVl..CTS StLFER-'WITER TREATMNT FACILI'IT. 438.83 38331 KRI S KRa\ECH TRAINI1£-SAFE'IT rEPr. 101.21 38332 LAB SAFE'IT SLPPLT RED MSDS BINIERS-SAFETY r£PT. 96.72 38333 LAKE CotNl'RY IXDR REPAI RS TO IXDR IJ EATCN BLD3. 422.86 38334 LAKE REG I CN MlI'rnL AI D ASSOC IXLS-FIRE rEPr. 10.00 38335 LAKE REGI CN VENDI 1£ SLPPLIES-LIQLDR STORES. 2282.85 38336 LAKELAND IN: I M'ROVE1v£NTS TO fIF.N PRAI RIE 'M'\RKET 172382.50 CENTER. 38337 LAKELAND FORD TRUX SALES IN: PARTS-FLEET SERVICES. 139.94 38338 LM£'ITRYS CCLLI SI CN ACCIIENT .IlA.M'GE REPAIR PIJRCL CAR. 1225.35 38339 LANDS END CORPORATE SALES tNIFORM EXPENSE-PCLICE rEPr. 291.45 38340 LAN:i PAtLT & GREGERSCN LTD LEGAL SERVICES-PRQSECUI'ICN $8716. 52/'fEM6IN 8817.12 LAND M..5ICLAND $100.60. 38341 GREG LARSCN SPORTS vaLEYBALL SETS-RECREATICN rEPr. 578.96 38342 LEPGLE OF 1vff NNESOfA CITIES PUBLI ClUI CN-CITY HALL. 107.00 38343 LISA LETO INTERSHIP. 200.00 38344 LIGHT IM?RESSICNS SLPPLIES-HI STORI CAL IEPI'. 299.58 38345 ELLEN LILL SERVICE-BASKETBALL OFFICIAL-FEES PAID. 51.00 38346 DAVI D LI NIlAJH.-1vff LEIGE-CaMNITY IEVEUFMNT. 12.04 38347 LOCATOR AND 1vCNITOR SALES BATTERIES AND BATI'ERY SIJ?PLIES-UTILITIES. 394.73 38348 LOFFLER BUSINESS SYSTEMS IN: S LPPLIES-CClvMNITY IE\l.ELCJ?1vENT / 526.12 AI:MI NSTRATI CN. 38349 Ll..NDS M:ETI1£ EXPENSE-FIRE IEPI'. 10.54 38350 M6CQ{.EEN EQUIPMNT IN: REPAIR PARTS-FLEET :M\INI'ENANCE. 1969.08 38351 M<\RSHALL AND SMFT PUBLIClUICN-ASSESSI1£ rEPr. 159.95 38352 . VCi)IV OUT CHECK . 0.00 38353 M<\SlLN CCMJANr LTX GLOVES/BATTERY/PCLT PRCBE TLBI1£/ 991. 80 RESTRAINT/SLIP CN WUST CCMJRESSICN/SIGNS/ TAPE/CHARCQAJ., TRAP 1vf\T-'WU'ER TREATIv£NT FACILITY. 20720651 q FEBRU4.RY 6 I 1996 38354 MA.SYS CORPORATICN 38355 M4.TTS AUI'O SERVICE IN: 38356 ~ -PRINT IN: 38357 CARa. lvOvCNIGAL 38358 NETRD CHIEF FIRE OFFICERS ASSOC 38359 NETRD PRINTlNi IN: BLACK MTCH TAPES-PeL I CE IEPT. TCMU.r; SERVI CES-FLEET SERVI CE. N:R SHEETS/LE'ITERH£AD/LOCKOUI' FORM>/ REGISTRATICN CARIlS/MRNlNi TICKET Ba:K5- PCLI CE IEPT. GRANT PERF~. 1996 ANNl.W.., DI.£S. REFltID EXCESS IN FltID 81 FOR NETRD PRINTlNi. NETRD AREA MiMl' ASSCX: 1996 M4.M\ 1vEM3ERSHIP ru:s. NETRa'CLITAN COl.NCIL w\sTEW\TER S SERVICE FOR FEBRUAJrr 1996. VI 38360 38361 38362 38363 38364 38365 NETRCFCLITAN NECHANlCAL FURNISH AND INSTALL TRANE CCNSENSlNi WIT. 38366 38367 38368 38369 38370 38371 38372 38373 38374 38375 38376 38377 38378 38379 38380 38381 38382 MI D-.M£RI CA PCMER DRIVES HYDRATOR COLPLERS-FLEET M\INf'ENAlU,. MIILAND EQUIP1vENT CO PlPES-UI'ILITIES. MINiER CCNSTRLCTICN IN: ~ W\.TERM\IN REPAIR-BASSwro MINNESOTA BLI.EPRINT MI IMEST Ccx:A CCLA BTLG CO MIIMEST ~HlNERr IN: MI NOCaM PIGI Ni M'LS AREA ASSOC OF REALTORS MINLfi'E.M4.N PRESS W ANIM<\L CCNTRCL ASSN MINNESOTA BUSINESS FORMS 1vN COOW\Y FIRE & SAFETI MI NNESOT A A4'\TORS ASSOCI AT I CN MINNESOTA SLN PLl3LlCATICNS 1vN RURAL 'W\TER. ASSCX: W TRCFHIES AND GIFTS ANNE MEN! Ni Wvf MELLF.R & SCNS IN: JOCI... MlRPHT l\.£NARIl5 TCMNHCM:S. BLLEPRINTS-ENilNEERINi IEPT. SLPPLIES FOR RESALE. JACJ<HA1I.M:R-FLEET SERVICES. PPGER SERVICE FOR JANU4.RY. PLBLlCATICN-ASSESSlNi IEPT. PRINTlNi-CCl\M.NITI CENTER ICE SKATlNi PRffiRAM. 1996 A£M3ERSHIP .DLES. OfFICE SU'PLIES-CITI HALL. RECHAR:iE DRY CHEMI CAL-F IRE rEPI'. 1996 ANNl.W.., 1vEM3ERSHIP DLES. EWLOr'MNI' AnS-HlM\N RESOURCES. CONFERENCE EXPENSE-UI'ILITI DIVISICN. PLAQLE-PCLlCE rEPT. SERVlCE-SP EVENT-FEES PAID. GRAVEL-STREET rEPT/PARK M\IN'I'ENAl'K:E. SERVlCE-BRCX:M3ALL OfFICIAL-FEES PAID. PAINTlNi SLPPLIES/TCXLS/CABlNET HARIW\RE/ STLDS/CARBCN MNJXIIE IETECrOR/M\ILBQXS/ MISC SLPPLIES-STREETS/FlRE rEPI'/PARK MUNI'ENAN:£/FLEET SERVI CES • 38383 MbLYNN BAKERIES IN: l'v£.ETlNi EXPENSE-SR CENTER!YOUI'H REe/ UI'ILITIES. 38384 MbLYNN BAKERIES IN: l'v£.ETlNi EXPENSE-CaMNITI CENTER! UTILITIES/PeLlCE rEPI'. 38385 38386 38387 38388 38389 38390 38391 38392 38393 NATL INFORM\TICN OfFICERS ASSOC 1996 1vEM3ERSHIP DlES. NATIaM.IIE ADVERTISlNi SERVICE IN EWLOYM'Nf AnS-HLM\N RESOURCES. NRPA 1'VRI'HEAST SERVICE CENTER SLPPLIES-PARK AND REC IEPT. NORTHERN SLPPLIES-STREET IEPT. NEBCO EVANS DlSTRIB SU'PLIES FOR RESALE-CCl\MNITI CENTER. CLSEN CHAIN & CABLE CO IN: RACHET BINLER-UI'ILITIES. PARROTT CCNTRACTI Ni W\TERM-\IN REPAI RS . THE MlSICLAND GROlP IN: ERNEST M:NEY REFUID FOR NEDIA PLAY SITE. PEPSI CCLA CO SLPPLIES FOR RESALE-YOUI'H REe. 25500556 /0 15.98 320.50 2399.02 50.00 60.00 22.96 25.00 207811.00 6815.15 165.83 34.52 1626.00 119.57 245.00 2023.50 74.46 151.23 18.69 25.00 103.75 536.46 20.00 101.15 75.00 54.90 75.00 1409.88 122.50 412.46 113.76 20.70 50.00 1230.33 10.00 188.47 326.25 306.29 2658.00 25000.00 187.25 FEBRU\RY 6, 1996 VI 38394 PINNACLE DISTRIBUTING SU'PLIES-LIQLDR STORES. 397.10 38395 PLYMJW.'H PLlMH ID REFLtID-PLLM3IID PERMlT. 150.65 38396 POKfICO CaPUJ.'ERS II IOC CCM'UfER SLPPLIES-FINAOCE IEPI'/POCICE 624.07 IEPT. 38397 PERSrnNEL IECISICNS Il>l: POSITICN PRCFlLES REVISED AND PRaJll:ED-240.00 Hl.M4.N RESOURCES. 38398 PRAI RIE LAViN & GARrEN TRIMvERS/SHCP SLPPLIES-FACILITIES/PARK 660.48 M\INTENA?a . 38399 PRAI RIE ELECI'RI C CaPANY I l>l: RDiIRE PePCORN PePPER/RESET TIlvE c:ur.K/ 2774.21 REPLACE DLl?LEX RECEPTACLE REM RE M\I N OFFICE/REPAIR EXTERIOR CHRISTM\5 LIGHTS/ INSTALL W\LL HEATER/REPAIR DH"WID SYSTEW REPLACE \u"T BALlASTS/REPAIR HEATER-PARK M\INI'ENAN:E/CCMvlNITY CENTER/FACILITIES. 38400 PRAIRIE OFFSET PRINTING REPAIR REQ..£ST FORM)/RETURN ENV£LCFES/ 656.46 HOv£STEAD APPLI CAT I eNS-ASSESS I NG/FI RE IEPI' . 38401 PRECISleN BUSINESS SYSTEM) IOC M\INfENAOCE PGREfMNC' FOR FAX EQ1IPMNI'-265.00 UTILITIES. 38402 PRINTERS SERVICE INC REPAIRS-CQ\.M.NITY CENTER. 101.50 38403 PROFESSICNAL TRA\.£L CENTERS IOC CCNFEREOCE EXPENSE-FIRE rEPI'. 465.00 38404 PRa50URCE FITNESS PEIl'\L CHAIN-CCMvlNITY CENTER. 16.72 38405 QU\LITI VJ\STE CCNfRa... INC GARBPGE SERVICE-LIQtDR STORE II/W\TER 530.26 PLANf/COM.NITI CENTER. 38406 PRESERVE REXALL IJR..tG SU'PLIES-LIQLDR STORE I I • 5.42 38407 RAINBCMI FCXDS lv£.ETING EXPENSE-CITI HALL. 46.10 38408 RED MNG SHOE STORE tNI FORM EXPENSE. 5011.52 38409 REHBEIN INC 1995 LH£ RES I.lJ!:1'\L REMJVAL. 80573.68 38410 ROTA C/O RI CK. IENNESeN 1996 R.O.T.A. MEMBERSHIP DUES. 100.00 38411 RESOCVE TRAINING EXPENSE-CITI HALL. 150.00 38412 RCLLINS OIL CO GASOClNE-FLEET SERVICES. 6731.15 38413 ROTTLLND REIM3URSE FOR DLl?LlCATE PERMITS-PERMeT 154.25 #12091 AND #12065 RECEIPT #63448 AND #63325. 38414 RI CM\R INDUSTRIES NffRCLE NELT-FACILITIES. 443.08 38415 RaJI'-(}-1vl'\TIC SEV£R SERVICE MTER JETTING GARAGE SAND LINES. 1125.00 38416 R & R SPECIALTIES Il>l: Sl'UV BREAKER-CaMNITY CENTER. 78.17 38417 RITZ CAl\£RA FILM AND FILM ffiVEUl?IN3-CCMvlNITCATI CNS • 81.61 38418 RIlFFRIWE JCHNSCN EQUIP1vENI' CO Sa..ENOID VAL \IE-FLEET M\INI'ENAN:E. 915.80 38419 VOW OUT CHECK 0.00 38420 SAMA.RITAN TIR CO INC TRI..l:K INNER TLBES-FLEET M\INI'ENNU.. 89.46 38421 DIANA SCHEFF GRANT PERF~. 100.00 38422 SAOCO IOC M\INTENAN:E CLEAN! ID Sll'PLIES/GARB/G£ 2715.94 BPGS. 38423 RCNALD SCHW\RTZ SERVlCE-\U..LEYBALL OFFICIAL-FEES PAID. 594.00 38424 SHIELY CCM?ANY CRUSHED PGGREGATE-PLBLIC WJRl<:S rEPT. 134.52 38425 W GORIXN SMITH CO FLFL-FLEET SERVICES. 572.18 38426 SNAP-CN TCXLS CORPORATIOO IWACI' GLN-FLEET SERVICES. 594.05 38427 SNAP-CN TOOLS CORPORATI CN SHCl? SLPPLIES-UI'ILITIES/FLEET M\INI'ENAN:E. 259.98 38428 SNrIER DRtG SUPPLIES-YOUTH REC. 18.47 10737583 1/ FEBRUARY 6, 1996 VI 38429 THE SPECTACLE SHCPPE 1M:: SAFETY EYEVJ\RE-F I RE IEPI'. 106.00 38430 SOUI'HDALE J:"A.CA FOURI'H Ql.W{l'ER 1995 OCTACHED \iDRK PRffiRAM. 6250.00 38431 SOUI'fMEST FIRE J..E..4GLE 1996 NEMBERSHIP DUES. 50.00 38432 SOUl'I-MEST SLI3URBAN PLI3LISH 1M:: LEGAL ADVERTISIN:i-CITY HALL ADVERT I S lID 999.20 LIQtDR STORES. 38433 SOUl'fMEST SLEURBAN PLBLISH 1M:: EM?LOnvENI' AD-ffi.MA.N RESOURCES. 33.00 38434 SPS Ca-PANIES BALL VALVE-FLEET M\INfENANCE. 131.76 38435 STATE SLFPLY CO PARTS-MTER TREATlvENI' FACILITY. 256.79 38436 SSPC NORfH CENTRAL REGI CN LOCAL CHAPTER DUES-UTILITIES. 100.00 38437 STAR TRIBLNE SI..Nn\Y PAPERS FOR RESALE. 21.90 38438 SPECIALITY TECHNICAL P1J3LISHERS I SIJ3CRIPTICN-UTILITIES. 294.00 38439 SOUl'H TCMN REFRI GERATI CN 1M:: REPAI RS TO W\LK IN Cc:u.ER LI QLDR STORE I. 418.99 38440 ST PAIL BCXK & STATICNERY CO SLPPLIES-COIMNITY CENfER/CITY HALL. 118.07 38441 STANDARD REGI STER CO SERVI CE PGRE.EM:.NI'-FI NANCE. rEPI'. 768.00 38442 VOIV OUT CHECK 0.00 38443 SLI3URBAN CHEVRCLET PARTS-FLEET MU NI'ENANCE. 35.23 38444 SLLLIVANS UTILITY SERVICES 1M:: CLEAN StM AND DI SPClSE Of VJ\STE-PLELI C 224.86 OORKS BLIE. 38445 SLPERI OR FORD TRANMI SSI CN REPAI R-FLFLT M\INI'£.NNU,. 1360.69 38446 SU'ERIOR PRaJIrI'S M'G CO M\INI'£.NNU, SLPPLIES-LIQLDR STORE I. 114.38 38447 SWlLl.ND SEPTIC SERVICE PLWED HCLDIID TANK-PARK MUNI."ENAN:E. 95.00 38448 SYSTECH SERVI CES CCM'UTER EQUCPM:NT AND INSTALLATICN-7050.32 PCLI CE DEPT. 38449 TARGET STORES SexCER NET AND GG\L-COvM..NITY CENTER/GIFT 266.54 CERTIF I CATES-SAFETY IEPI'-cux:KS FOR AARMCID fVUSES-IvOLl$E PADS CITY HALL. 38450 TKDA & ASSex 1M:: PROFESSICNAL SERVICE WLL-WLL HOUSE AND 11000.00 BUS SHELTER. 38451 TKDA & ASSex 1M:: PROFESS I CNAL SERVICES ENTRANCE ROAD 189.06 MDIFlCATICNS • 38452 TCMN AND CO£..M'RY IXmE TLBE SLPPLY-FLEET SERVICES. 109.91 38453 TRLCK UTILITIES M'G CO AIR Ca-PRESSOR REPAIR-FLEET M\INI'ENAM::E. 560.90 38454 'OON CITY OXYGEN CO OXYGEN/ ACE.TYLEN£/F ACE SHIELD/HEAmEAR/CCY2/ 471.21 NITRffiEN/OXTGEN/CLEANIID KIT/CUTTIN:i TIP/ CARBCN DI CLIrE LI QillF IED/TLEE-FLEET SERVICES/FIRE DEPR/UTILITIES. 38455 'OON CITY VACULM REPAIR PARTS FOR VACULM. 31.79 38456 LNLIMlTED SU?PLIES 1M:: NUTS AND BCLTS-FLEET M\1NI'£NANCE. 164.56 38457 UNITED LABORATORIES 1M:: IETERGENT-W\TER PLANT. 206.68 38458 LNlVERSITY OF FLORIrn PLI3LlCATICNS-EN:ilNEERIID DEPT. 130.00 38459 URBAN MLU,IFE 1vftW4GE1v£NI' 1M:: FEBR.U\RY IEER RDvDVAL. 3910.00 38460 VOSS LIGHTIN:i LIGHTIN:i SLl?PLIES -CClvM.NITY CENTER/PARK 363.79 M\I N'I'ENA'M:E. 38461 VIDEO SERVICE OF MvERICA VHS TAPES-CavMNI CAT I CNS • 271. 89 38462 W\RREN GORHAM AND LAMN.l' PLI3LlCATICNS-UTILITIES DIVISICN. 347.40 38463 VJ\STE lvGMl' SAVPGE GARBPGE SERVICE FOR JANUARY LlQUJR STORE 103.96 1. 38464 WU'ERPRO P~TIC ROO SEAL/PVC CAP AND TEE.S/SE\1ER 6313.48 PlPE/RfLf.ASE VALVE/~R CHAN3EOUl'/CLAM?S/ COlPLIN:iS/GASKET /MXNfI N:i BRACKET- UTILITIES DIVISICN. 4280469 J~ FEBRUARY 6, 1996 38465 W\TER SPECIALTI OF Mf-IN: 38466 JOEL V£STACOIT 38467 ViESTS I IE EQ.1l P1vENI' 38468 W:lEELER HARI:W\RE CO 38469 LOIS MLIER 38470 D\VID MLIAM> 38471 MNZER CORPORATI CN 38472 V£STWXlJ PROFESS I CNAL SVCS 38473 WJLF III 38474 OORIFERFECT FOR MN1:XM5 38475 OORD PERFECT M4GAZI N£ 38476 ~DMIE GM£S 38477 BEV \mLCK 38478 ZACKS IN: 38479 Z££ 1£DI CAL SERVI CE 38480 ZEP M<\NUF ACTURI N:i CCM'ANY 38481 ZIEGLER IN: 22000 1vN IEPART1vENI' OF REVENLE 22000 1vN IEPARTMN.r OF REVENLE 22000 1vN IEPARTMN.r OF REVENlL 22000 1vN IEPARTh£NT OF REVENlL 22000 1vN IEPARTMN.r OF REVENLE 44000 1vN IEPT OF REVENlE 11000 ~T 11000 NATICNAL CITI BANK 11000 FIRST TRUST 11000 FIRST TRUST 11000 FIRST TRUST 34409 VOL D our CHECK 34410 VOID our CHECK 37054 VOID our CHECK 37128 VOID our CHECK 37342 VOID our CHECK 37477 VOID our CHECK 37612 VOID our CHECK 37632 VOID our CHECK 37741 VOID our CHECK 37810 VOID our CHECK 37843 VOID our CHECK 37958 VOID our CHECK 230978047 IN: CALeI LM HrPOCfH.1)R1TE/LEAF RAKE-CCl\M.NITI CENTER. VIrEO SERVlCES-CI'IT HALL. REPAI RS-PLI3LI C WJRKS. V£LL HOUSE STEEL InJRS. VI SERVlCE-\mITIN:i INSTRtrI'OR SENIOR. CENfER- FEES PAID. GRANT PYMl' PERF~. STcx:K SI-D? SLPPLIES-FLEET SERVICES. SERVI CE MITCHElL RD AND ANIERSCN LAKES PI<Mr PROJECT. TEAM EM'~ ASSESS1vENI'-LH'ILITIES. RENEW SLl3CRIPTI CN. SLBCRIPTICN-PLELIC WJRKS. SLPPLIES-yourH RECREATICN. MlLEPGE-COvM.NITI CENTER. SLPPLIES-PARK M4JNTENNU.. FIRST AID SLl'PLIES-PARKS/LH'ILITIES/FLEET MVNTENNU.. MVNTENNU. SLPPLIES-LIQtDR STORE I. PARTS-FLEET SERVICES. PAYRCLL 12-22-95.-. PAYRCLL 12-29-95. PAYRCLL 1-5-96. PAYRCLL 1-19-96. u:c SPECIAL FlLL TAX. u:c 95 SALES TAX. BCND PATh£NTS. BCND PATh£NTS. BCND PATh£NTS. BCND PATh£NTS. BCND PATh£NTS. 13 352.61 722.13 287.63 1350.00 180.00 50.00 204.22 467.50 379.50 24.00 79.95 254.76 26.74 140.58 242.90 40.42 181. 76 18229.39 6783.21 5925.13 17589.86 923.20 61278.00 769437.50 32022.50 825796.51 506410.00 67392.22 100.00- 100.00- 8.00- 2973.00- 109.96- 300.00- 1227.70- 150.00- 18.07- 60.00- 1745.02- 200.00- $3593651.30 DATE: 02/06/96 EDEN PRA1RIE CITY COUNCIL AGENDA SECTION: Ordinances & Resolutions ITEM NO: YlL A DEPARTMENT: ITEM DESCRIPTION: Engineering Division Street Name Change Jim Richardson Recommended Action: Recommend Council name the frontage road paralleling County Road 18. Overview: Three properties had been addressed from County Road 18. Present construction of a service ! road or frontage road will eliminate connection of driveways to County Road 18. Presently the service road is constructed from Riverview Road northward to Pioneer Trail and with the final phase of construction will connect to Anderson Lakes Parkway. Upon completion, the frontage road needs to be named. Primary Issues: The Historical and Preservation Committee (HPG) recommendation is to name to road "Hennepin Town Road". An alternative is "West Frontage Road". Staff has contacted the three affected property owners and their responses are: 1. Ms. Evelyn Monson (10240 Co.Rd. 18) was non committal with either name proposal. 2. Ms. Kate Halverson (Touch of Class -10280 Co.Rd. 18) is in favor of naming the road "West Frontage Road". 3. Mr. Phillip Bly (10720 Co.Rd. 18) favors Hennepin Town Road Staff is unaware of any conflicts with either str~t name choice. I ---------------------- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. BE IT ORDAINED by the Eden Prairie City Council that the service/frontage road paralleling County Road 18 from Riverview Road to Anderson Lakes Parkway shall be named: FIRST AND FINALLY READ at a regular meeting of the City Council of the City of Eden Prairie on February 6, 1996. ADOPTED by the Eden Prairie City Council on February 6, 1996. Jean L. Harris, Mayor ATTEST: SEAL John D. Frane, Clerk TOUCH January 8, 1996 Jim Richardson Dept. of Engineering City of Eden Prairie, MN 55344-2230 Dear Jim, OF CLASS INTERIOKS 11n We approve of the name West Frontage Bopd for an address change. Our reasons for supporting your selection are: 1. It is more accurately descriptive of what the road is: A frontage road on the west 2. We, as a business, have a lot of deliveries and regular shipments. West Frontage Road is an easily identifiable name for wh~t tho area is. 3. To our knowledge, the southwest quadrant of 1118 and Hi is commercial use and the road name should relate. We do not support the name Dream Catcher Blvd. Thank you for your consideration to our request. Sin,y, ,;yat<-a-v:( &~/~f/~~-.a-,0-____ " Ka~ and Craig Halverson Touch of Class Interiors. Ltd. J0200 COUNTY ROAD 16 • t;l».:N PllAlflE, MN ~!j347 • PllONE: «,12) 1,>4.1.:~m!;{ • FAX: (612) 04.1-30~H) 3 CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DEPARTMENT: HR ITEM DESCRIPTION: 1st. Reading of an Ordinance Amending City Code Chapter 2, Sections 2.10, 2.16, 2.21 and 2.29 DATE: February 6, 1996 ITEM NO. VII B Requested Action: Approve 1 st reading of Ordinance amending City Code Chapter 2 by amending Section 2.10 changing term of office dates, and amending in its entirety Section 2.16, Subd. 1 & 2 changing title and duties, and renumbering Section 2.21 as Section 2.29, adopting a new Section 2.21 establishing a Housing, Transportation and Social Services Board, and adopting by reference City Code Chapter 1 and Section 2.99. Background: The modifications to Chapter 2, are based on the decision made by City Council in spring 1995 to restructure the Human Rights and Services Commission into two new bodies: the Human Rights and Diversity Commission (rev. Sec 2.16) and the Housing Transportation and Social Services Board (new sec. 2.21). The modifications to Section 2.10 reflect the City Council's requesting of staff to change the term of office for Commission appointees from March 1 through the last day of February to April 1 through the 31 st of March. To accommodate these and any future modifications Section 2.21 Municipal Cemetery was renumbered to Section 2.29. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.10 BY CHANGING TERM OF OFFICE DATE, AND AMENDING IN ITS ENTIRETY SECTION 2.16, SUBD. 1 & 2 BY CHANGING TITLE AND DUTIES, AND RENUMBERING SECTION 2.21 AS SECTION 2.29, ADOPTING A NEW SECTION 2.21 ESTABLISHING A HOUSING, TRANSPORTATION AND SOCIAL SERVICES BOARD, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 wmCH AMONG OTHER THINGS CONTAINS PENALTY PROVISION. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Section 2. City Code Chapter 2, Section 2.10 is amended by deleting March land inserting the date April 1 and by deleting the words "the last day of February" and inserting the words "March 31" all on line six thereof. City Code Chapter 2, Section 2.16 is amended in its entirety as follows: SECTION 2.16. HUMAN RIGHTS AND DIVERSITY COMMISSION. Subd. 1. Establishment and Composition. A Human Rights and Diversity Commission, composed of seven (7) members, is hereby established for the purpose of securing for all citizens equal opportunity in employment, housing, public accommodations, public services and education and full participation in the affairs of the City by developing local programs and assisting the Minnesota Department of Human Rights in implementing State laws against discrimination. Commission members shall serve staggered three (3) year terms. Subd. 2. Duties. Duties of the Human Rights and Diversity Commission are to: A. Adopt bylaws for the conduct of its affairs. B. Perform the responsibilities assigned to it in any current work share agreement which it has entered into with the State Department of Human Rights. C. Enlist the cooperation of agencies, organizations and individuals in the community in an active program directed to create equal opportunity and to educate the community in order to eliminate discrimination and inequalities. D. Advise the Mayor, the Council and other agencies of the government on human relations and civil rights issues and problems. Act in an advisory capacity to the City on issues of diversity, civil and human rights. Recommend the adoption of specific policies of actions as are needed to ensure equal opportunity in the community. E. Advises the City Council on community issues related to the Americans with Disabilities Act and reviews and investigates alleged violations submitted to the City via the ADA Grievance procedures as adopted by City Council on March 8, 1994. F. G. Section 3. Section 4. Provide a forum for all citizens to express ideas concerning human rights and diversity within the community. Advises the City Council on community issues related to the American with Disabilities Act and reviews and investigates alleged violations submitted to the City via the ADA Grievance procedure as adopted by City Council on March 8, 1994. The City Code is amended by renumbering Section 2.21 as Section 2.29. The City Code is amended by adopting Section 2.21 as follows: SECfION 2.21. HOUSING, TRANSPORTATION AND SOCIAL SERVICES BOARD. Subd.1. Establishment and Composition. A Housing, Transportation and Social Services Board, composed of seven (7) members who shall be residents of the City, is hereby established for the purpose of integrating housing, transportation and social service planning efforts and resources to ensure that citizen needs are considered and adequately provided for and to advise the City Council on long-range strategies and programs appropriate. Subd.2. Duties. The duties of the Housing, Transportation and Social Services Board are to: Section s. Section 6. A. Integrate the planning of development projects (including housing for low and moderate incomes, senior housing and care facilities, child care facilities) with a human service perspective. B. Ensures that human service needs and delivery systems are considered in the planning for future land uses, zoning changes and HUD projects. C. Maximize the use of City funds and special funding (Community Development Block Grant, Tax Increment Financing, Section 8 and Lawful gambling proceeds) to meet social service needs and minimize the role of the City as a direct funder of services. D. Identify transportation issues and develop and coordinate resources to meet transportation issues. E. Ensure that human service planning for the South Hennepin region reflects Eden Prairie community needs and interests through representation to the South Hennepin Regional Planning Agency. F. Identify and develop programs, services and resources to address special population needs. Provide for annual evaluation to ensure appropriateness and cost effectiveness. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. 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 , 1996, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1996. City Clerk Mayor Published in the Eden Prairie News on the ___ day of ______ , 1996. EDEN PRAIRIE CITY COUNCIL AGENDA DATE: February 6, 1996 SECTION: PETITIONS, REQUESTS & COMMUNICATIONS ITEM NO. -mLf\ DEP ARTMENT: ITEM DESCRIPTION: City Council Appeal of Variance Community Development # 95-31 Chris Enger Scott Kij>1! Requested Council Action: The City Council is requested to set a date to hear an appeal regarding the Board of Adjustments and Appeals' denial of Variance # 95-31. Staff recommends the City Council establish March 12, 1996 as the public hearing date to review the variance appeal. Background: The Board of Adjustments and Appeals continued this variance on October 12, 1995, and again on November 9, 1995, with final review and action on January 11, 1996. The issues discussed were: neighbors variance, living space impacts, steep wooded slope, neighborhood consistency, and insufficient hardship. The Board's motion to approve variance # 95-31 failed on a 3-3-0 vote. Supporting Documents: 1. Letter requesting review of Board's decision dated January 24,1996. 2. Board of Adjustments and Appeals Staff Report. 3. Proponent's variance request information. 4. Minutes for November 9, 1995 Board of Adjustments and Appeals meeting. 5. Unapproved minutes for the January 11, 1996 Board of Adjustments and Appeals meeting. I January 24, 1996 City of Eden Prairie Scott Kipp Community Development 8080 Mitchell Road Eden Prairie, MN 55344 The Mayor of Eden Prairie and Eden Prairie City Council, I respectfully request you overturn a 3 to 3 vote by the Board of Appeals on a variance I asked for recently. My neighbor and I both wanted to add third stalls onto our garages. I was out of town on business when the fIrst request was submitted. He got the approval to build his garage two feet from my property line. When I went before the Appeals Board they had a split decision of 3 to 3 for approval. A tie means I can't proceed with plans to add a third stall, even though I was asking for only a 41/2 ft. variance. I would very much like a chance for my builder and myself to tell you the details of the addition at your next meeting. Thank you for your time, ;:f+ BOARD OF ADJUSTMENTS & APPEALS City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 949-8485 STAFF REPORT VARIANCE #: 25-31 MEETING DATE: October 12. 1995 and November 9, 1995 APPLICANT: Tom Morgan LOCATION: 10 160 Phaeton Drive REQUEST: To 12ermit a garage addition 5.5 feet from the side lot line (~ode reguires 10 feet). (continued item. Please note unapproved minutes for history.) ZONING DISTRICT: R1-13.5 AREA CHARACTER: Single family homes with double and triple garages built in the mid to late 1980's. BACKGROUND: A 5 foot utility easement exists along the side lot line. The proposed addition will not encroach into the utility easement. The 9 foot wide garage addition will be 30 feet from the front property line. APPLICANT'S STATED HARDSHIP: Garage cannot be extended out the back due to living space. The backyard is steep and wooded. OPTIONS: 1) Construct a garage 8 feet wide so a 6'6" setback is maintained, 2) add a parking stall area beside the garage. ACTION: The Board may wish to choose from one of the following actions: 1. Approve Variance Request #95-31 as submitted. 2. Approve Variance Request #95-31 with conditions. , 3. Continue Variance Request #95-31 if additional information is needed. 4. Deny Variance Request #95-31. BARB\JEAN\REPORTS\y:531 September 14, 1995 Thomas and Denise Morgan 10160 Phaeton Drive Eden Prairie, MN 55347 Board of Appeals Members City of Eden Prairie City Offices 8080 Mitchell Road Eden Prairie, MN 55344-4485 Dear Board Members, We are asking your support in granting a variance so we may build an attached third car stall to our existing attached two car garage. We are asking fo~ variance so we may build an attached third car stall which would require us to build up to, feet 6 inches from our property line. If granted, this third stall would be 9 feet in width and 24 feet in length. 1. When we built our home 9 years ago, we did not realize that most houses would be built with 3 car garages in the neighborhood. We were the 5th house build and all house built after ours now has 3 car garages. 2. We have analyzed the property thoroughly and have exhausted any other reasonable alternatives to gaining more garage space. It is not economically feasible to extend the depth of the garage as there is a family room directly behind the garage. The home is place on a lot in such a fashion which makes it difficult to add on without a variance being granted by the city. 3. The addition of an attached third stall would be keeping within the character of the area. 4. Due to the setback and the angle of our homes, the third stall would not be visually obtrusive. 5. If approved, there would be approximately 25 feet between our garage and our neighbor's garage. 6. Our neighbor is not opposed to this variance request. (Refer to attached letter.) 4 7. Should this variance request be approved, the third stall would match the existing exterior and be aesthetically pleasing as an integral part of the home. (Refer to attached architectural plan.) 8. If a variance is not granted, we would have to move to another property which is better suited for three cars along with the necessary lawn and garden equipment. 9. Moving would cause our family endure significant negative financial impact and emotional hardship. We have 2 young girls who love to play in the woods behind our house. We enjoy all the wildlife, birds, squirrels and deer that we see all the time. 10. A professional real estate agent made note of the 2 car garage in the real estate appraisal and said "It will definitely hinder your ability to sell your house with only a 2 car garage, the house next door took over a year to sell because there wasn't a 3rd car garage. The home was big enough for a large family, but lacked garage space. 11. Our family is very involved in the community. Our girls participate in fast pitch softball and basketball programs and we would hate to disrupt their progress by moving to another area. In closing, we would like to thank you all for your time. We take a great deal of pride in Eden Prairie and believe this variance, if granted would help to I increase our property value, provide more tax dollars to the community and provide our neighborhood with stronger home values. Best regards, 5 David and Carol Graff 10178 Phaeton Drive Eden Prairie, MN 55347 September 10, 1995 Board Members City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 To whom it may concern, We have reviewed the Morgan's variance request and plans to build a third car garage, and we are in support of their efforts. Sincerely, ~~ Carol Graff ( I I ! I I I I I I PERSPECTIVE NO SCALE VIEW FROM STREEf SHOWING MOVED fREES AND NEW GARAGE ADDlflONS .~, ALCHEMY '. i~ Geoffrey Wamer (612) 378·a876 GARAGE ADDITION Perspective rom'" DcniM Mor9 .. n Revisions 0.1 - ~ -- m §J 0 :b j=jri m() :a -0 o§ z-:::::0 --i C'-:l 0-==:=:1 \J-< -u.- C,...J '0'= ;0 ;-;:; .~ .--"'"':I \ -, " ~ , " :: .. .j" -. -\ ... \ '. \ \ \ "\. \ J " \ '~, .:\ . \ \ \ '. \\ .', ". :.' \ , , . ( '., ~ --' ,'1 \ . ' . .. \ \, : \:i." ". \ ~ :' ~. \.::.::~) /· ... :l . ---'---. I;:. <:::::.; -•• -,'~'--'.. ::>-:" -".,-' ~., ~' ......."..~--. . .. : .. :-:>_ ..... ' '>" . '. 0- 0 , ... _... , ,~ ", :~: '. ' .• ' ::-r' .. /~ .. ~ -~'. ------- .' 9S211 26/1\6f22 GRIFF. DAVE ADVANCE' SURVEYING & ENGINEERING CO. nDO s. IIwy. No. 101 MinnclOnka. MH !s1~S """'01611) H4 19601 Fu161l) H4 1261 SIIRVEYfOR' DAVE GRJf'F UR6fJ:E.Il: June 7, 1995 I fGAI IlFSCRIPJION' Tile Nonll line 0" Lol I, lII""k I. ULUfFS WEST. n I ADOIllON. Ilennopin COUIIIY, MiMes ..... I.IMITA·!I0NS: • t. We have surveyed ahe Norlh linc 01 'he above docribed propeny which 1m: client claims 10 own or appcan 10 own from v:anous lIuvcrnmcnt records. We make no represcntation lhotl Ihe client dues in laca uWlt the propeny nor that it Karch ur II..: ,(conls hIlS b.:cn made 10 delenRin.: Ihe exlent and n .. ,ure or his huldings. If ahc", is any doubt con-=eminllhc IICcurD\:Y O.-lhe IClal description. compelcn. lel&al counul shuuld be relained 10 perloml a lille SQrch and issue it tide opinion lor our uSc in prcparinl lhe survey. 2. We show only _hose casements whi~h lIN: elicnl informs us of or which we happen to become ;awU'C DC thruulh other sources. J. 111': survey shows only Ihusc improv':UlenlS which arc visible and which w.: deem imp>nanL s:IMlDARIFsYlrIBO! s" CONVEtIIIll.MS: "0· Denotes 1/2'" 10 pip: with plaslic plue bcarina Slale License Number 9235, Kt. if '"->" is fiU~d in, Ihen denoles round iron monument. CEIUIEICATION' I hereby eenify Ihac Ihis survey was prepared by me '" under my direct supervision and lhat I am a Professional Engineer ;and a Prolcssiunal Surveyor under the laws u( lhe Stale of MiMcSQla. ONE INCII EQUALS ri~ -I'I!!'?--',,,.' 4-0 F6cT '. , .~. Joe NO. 95'2.S1 r , \ , \ I - \ ... /. . \ . \ • I \ ' I , I , I , .-EX'S'NTG SETS",CK LINES I .... .... I , I I , ! I: -NEW GAKAGE 1/'-/"./ /'). EXISITNG e;ARAGE LINE OF EXISTlNe; DRWEWAY-------f==:-----~~~rl I ': " " 9'X 24' Lll NEWGAK",GE -9'X20' & ---~ NOTES & GRAFF NEW GARAGE TO BE APPROX. 9' X 24'. MORGAN NEW GARAGE TO BE APPROX. 9' X 20', " BOTH SLABS AT THE SAME GRADE AS EXISITNG GARAGES. MORGAN GARAGE WILL BE APPROX. S'·S" TO PROPERTY LINE GRAFF GARAGE WILL BE APPROX. 2'-4" TO PROPERTY LINE BOTH GARAGES WILL NOT BE CLOSER THAN APPROX. IS'·O" BECAUSE OF THE ANGLES OF THE GARAGES TO EACH OTHER, SITE PLAN 1"= 30'-0" .... 10 .... .... .... .... " I • ....- (612) 378-887, SITE PLAN 1.0 == == == == == == ,= ...... F ./ / ...... I-- /./ // ~ wo::; = - ELEVATION 1/8"=1'-0" ~ CJI , , -!~ --= - ------: I ~ , I ! : ALCHEMY Geoffrey Wamer GARAGE ADDITION Tom &. 0",,' .. Morgan Revisions (612) 378-8876 LEVATION 2.1' • • 0 0 Cl Cl • • e t • • 0 0 0 -n 0 ~ Burr Ridge 0 0 0 D • 00 0 0 r 0 1 • V • e • 0 Homeward Hills Road (The Majority of homes have 3 car garages) o Cl 2 car garage 3 car garage proposed 3 car garage APPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS THURSDAY, NOVEMBER 9,1995 7:30 P.M. CTIY CENTER 8080 Mitchell Road Eden Prairie, MN 55344 BOARD OF APPEALS MEMBERS: Arthur Weeks (Chair), OiffDunham, Delavan Dye, Matthew Hansen, Mary Vasaly STAFF LIAISON: Scott Kipp, Planner Kelly Kroeninger, Recording Secretary BOARD MEMBERS ABSENT: Corrine Lynch, Kathy Nelson CALL TO ORDER-ROLL CALL-PLEDGE OF ALLEGIANCE Chairman Weeks called the meeting to order at 7:30 p.m Corrine Lynch and Kathy Nelson were absent; all other members present. L APPROVAL OF AGENDA MOTION: Vasaly moved that the Board approve the Agenda as published. Hansen seconded the motion and it passed unanimously. IL APPROVAL OF OCTOBER 12, 1995, MINUTES Final approval of October 12, 1995 Meeting, due to board members requests and input. These minutes are to be brought to the next meeting for final approval. Additionally, the corrections for the November 9, 1995 minutes will be approved and finalized. IlL VARIANCES Weeks explained the order of the Variance presentation process to those in attendance. A. Request Number 9"5-31 by Tom Morgan for 10178 Phaeton Drive to permit a garage addition 5 feet 6 inches from the side lot line. City Code requires a minimum 10 feet sideyard setback with a total of 25 feet both sides in the Rl-13.5 Zoning District. This is a continued item from the October 12, 1995, meeting. , Tom Morgan residing at 10160 Phaeton Drive briefly reviewed his variance request before the board. He also thanked the board members for their patience in dealing with this item Morgan stated the hardship exists because the garage cannot be extended out the back due to living space. Additionally, Morgan indicated that the backyard is steep and wooded, they would lose many oak trees by trying to extend the garage out the back. Morgan indicated that they had received written approvals from 12 nearby neighbors to go ahead with the work. I?J BOARD OF ADJUSTMENTS AND APPEALS November, 9, 1995 Page 2 Morgan also noted that he felt that the granting of this variance would not be out of character with the neighborhood and surrounding areas. Weeks inquired as to the inside dimensions of the existing garage. Morgan responded that it was 26 feet by 26 feet currently, but with the mudroom the total inside size would be reduced. Morgan also stated that due to the large amount of sports that their children are involved in, it is even more difficult to store all of the sporting equipment in the existing garage. Weeks then inquired as to what Morgan thought the actual hardship was, and to explain it to board members. Morgan indicated that the back of the property was such that it was not conducive to building onto the back of the lot. Morgan also indicated that he had consulted with an architect who stated that with the current position of their chimney, building to the back of the structure would force them to have to swing their vehicles nearly in a loop to enter the garage. This was not considered feasible by the architect or Morgan himself Morgan also apologized that the builder for this variance was unable to attend the meeting for this particular variance. Weeks inquired as to how many cars the Morgan's currently own. Morgan replied that they currently owned 3 vehicles and that upon investigating, it would be cheaper to put on a third car garage than to try to expand the existing structure. Morgan stated that he could but it was an extremely tight space and hard to move around within the garage. Mary Vasaly inquired of Morgan as to whether he had contacted the surrounding neighbors on this proposal. Morgan replied that yes he had and all of the neighbors were in approval of this variance and that they all signed a letter of approval. Vasaly then questioned Morgan as to the problems with extending the existing garage further back on the lot. Morgan replied that doing so would result in the loss of many trees. Vasaly reiterated that according to Morgan, his current vehicles were a Honda, Cutlass Supreme and a Station Wagon. Morgan indicated that yes they were and having them presented a real problem in storage of needed maintenance tools, snowblower, etc. 2 11.4 BOARD OF ADJUSTMENTS AND APPEALS November, 9, 1995 Page 3 Delavan Dye then stated the current problem with this garage could have been easily solved in the beginning by turnmg the home 10 degrees. Additionally, Dye stated that we have a problem with poor developer builders and that they should be told to shape up and build homes correctly. Kipp agreed with Dye and stated that they have the same problems with building of decks and that builders set the tone of not being able to expand without violating city code. Dye remarked that he couldn't build in the floodplain, as is must be within the easement. Vasaly responded that in these types of situations many homebuyers pay less for such existing limitations on their new home. Cliff Dunham asked how hard it is to currently move a car from out of the garage. Morgan responded he had to manipulate around a large pine, a small crab tree and a basketball hoop. Dunham stated that this variance was different from others of this type in that they already had at least a 2 stall garage. He indicated that he was having a difficult time approving this, based on the hardship presented. Weeks inquired as to whether Morgan had built the house, with the current dimensions. Morgan stated that yes he had built the house to those dimensions, including the mudroom Weeks inquired ofKipp as to how the maximum requirement of the 25 feet would work. Kipp responded that all setbacks are to be perpendicular to the closest lot line. Weeks inquired about adding an asphalt pad instead of a third car garage and brought up the fact that with respect to the recent variance request from Morgan's neighbors, the Graff's, Morgan did have more storage space than they did. Morgan stated that should he decide to buy a boat, jet ski, etc., leaving them on an asphalt pad would not sit well with the neighbors. Morgan stated that he thought this was a very reasonable request and stated that the other option of putting a blacktop driveway and having it run to the back of the home would be very unappealing. Weeks opened the public hearing. Weeks closed the public hearing. 3 I~ BOARD OF ADJUSTMENTS AND APPEALS November, 9, 1995 Page 4 Vasaly stated that although it would be nice to grant the variance, she was unable to see sufficient hardship for this request. Dye said that while it would be nice to have the additional space, but felt that an alternative plan should be researched and presented at a later time to the board. Weeks inquired as to the width of garage door. Morgan was quite sure that it was 16 feet. Weeks replied that he was sensitive to not creating a precedence and could not see any real hardship based on the evening's discussions. He stated that this variance would probably be denied this evening, and suggested that Morgan investigate other options and return before the board at a later time. Morgan stated that this would be agreeable to him and he would begin working with an architect and have him attend the meeting regarding this request. Weeks responded that he felt the board would be perceptive to a continuation on the variance and opened it up to the board members .. Dye motioned for a 60 day continuance and was seconded by Vasaly. MOTION: Dye motioned the Board for a 60 day continuance of variance request Number 95-31 and seconded by Vasaly. The motion passed 5-0-0. B. Request Number 95-35 by Design I of Edina, Ltd. for 9973 Valley View Road (1) to permit a lot without frontage on a public road (pre-existing condition). City Code requires all lots to have frontage on a public road. (2) to permit parking 0 inches from a side lot line. City Code requires a 10 feet side yard setback. (3) to permit exterior building material of 63 percent redwood siding. City Code requires 75 percent brick, glass or stone and not more than 25 percent wood. Robert Davis, President of Design I of Edina, stated that the hardship was due to the original concept and approvals for this site being based on code for variances which have since expired. Additionally, he stated that if the variance for elimination of public road frontage, as currently exists, then the site is essentially unbuildable. Davis also stated that the difference in the usage and percentage of exterior materials, as well as zero setback to parking, was necessary to maintain consistency with the original buildings. Vasaly inquired as why it was a hardship to be required to use a large amount of stone. 4 Ii, 't: UNA PfRo\JeD M ,NLI,E"S BOARD OF ADJUSTMENTS & APPEALS January 11, 1996 Page 3 Morgan answered no. Nelson asked if the possibility of building a double deep garage had been looked into. Morgan said yes, but due to the set up of the house the garage would have to be at an angle. Dye indicated the difficulty in putting three cars in the garage using this scenario. Sather said his view would be to Morgan's garage. He stated he would rather look at a garage tied into the house. Sather stated he is in full support of Morgan. Weeks asked how many neighbors store cars outside of their garages. Morgan said none right now. Morgan said when the Grafs wanted to build their addition, he told them they would be close to his property line. The Grafs offered to buy two feet of Morgan's property, but instead both parties agreed to build a third stall. Morgan stated he did not understand how the city could grant a variance for the Grafs addition without allowing a variance for his addition. He said the addition to Grafs home has enhanced the look of their property. Nelson stated he is not opposed to Morgan's request. He said there would still be five feet from the edge of the property. Vasaly said she is disappointed that the Board granted the Grafs' request for a variance since it appears there was little hardship. She expressed concern over setting a dangerous precedence regarding the granting of requests of this nature for everyone if the Board approves Morgan's variance. Dye stated he is in agreement with Nelson. Hansen said it appears as though Morgan has ample room in his existing garage. He also said looking at Morgan's request individually indicates there is no hardship. Weeks asked if the existing landscaping on the front comer of the property would remain the same. Morgan said yes. Weeks expressed concern for the existence of enough room. Morgan said he could have the driveway parallel with the property line or at a angle. MOTION: Nelson moved that the Board grant variance request #95-31, with the hardships being the slope of the yard away from the house, making it impossible to go back on the property and the wooded nature of the lot, making it impossible to add in the back without removing trees. Dye seconded the motion. Request was denied due to a tie vote of 3-3-0, with opposition by Hansen, Dunham and Vasaly. 11 BOARD OF ADJUSTMENTS & APPEALS January 11, 1996 Page 2 III. VARIANCES Weeks explained the order of the Variance presentation process to those in attendance. A. Request #95-31 by Tom Morgan for 10160 Phaeton Drive to permit a garage addition 5 feet 6 inches from a side lot line. City Code requires a minimum 10 foot sideyard setback with a total of25 feet both sides in the RI-13.5 Zoning District. (Continued item from November 9, 1995 meeting) Mr. Morgan, residing at 10160 Phaeton Drive, told Board members about his next door neighbors who received a variance to build a third garage stall onto their home. The addition was built 2 feet 6 inches from his property line. He explained when his neighbors come out of the side door of the garage, they are on his property. Morgan showed pictures of his garage with the car inside, indicating there is not much room within. He stated other homes have a 5 foot set back. He indicated he does not want to go 2 feet, as his neighbor did, but 5 feet. Morgan displayed a list of neighbors in favor of the addition to his home. Morgan stated he is requesting the variance because the lot is too steep to build farther back or he would build a double deep garage. Weeks said at the last meeting Morgan mentioned he would look into other alternatives. Steve Sather, a residential builder, spoke on behalf of Morgan. He stated Morgan's property is a walkout in the rear and drops 8 -10 feet. In order to build an attached structure, the variance plan is the only way to accomplish this. He addressed the Board's suggestion to build a free standing structure by saying it would not be appropriate in this particular neighborhood, as well as, not allowing it to be used for a car. He also said several good oak trees would have to be removed. Weeks asked what the hardship was. Morgan also questioned that and asked what the Board's position was on hardship. Vasaly stated the main concern seemed to be additional storage and questioned why not build a smaller expansion that would accommodate storage and not a third car stall. Morgan stated it would cost $16,000, whether the addition was 4 feet or 10 feet. Hansen asked if there was space in the yard to put a shed. Morgan showed an example of a large tree that would have to be removed to do that. Hansen asked if a ,shed could be built to blend in with the house, in place of a third garage stall. Sather, the builder, said 'as a neighbor, he objected to this' because it would not look good. Sather said he originally objected to the addition by Morgan's neighbor, but stated it turned out fme. He said he believes Morgan's would also look good. Weeks asked if the Grafs, Morgan's neighbors, would object to the addition by Morgan. Morgan answered he hadn't asked them, but he did not think they would. Nelson asked if any trees would have to be removed for the third car garage and would the distance of the oak tree spoken of earlier be any different than it is now. J~ EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/6/96 C SECTION: Petitions and Requests ITEM NO. 11 ' I DEPARTMENT: Parks, ITEM DESCRIPTION: Letter from Thomas Lindquist RE: Duck Lake Recreation and Facilities Robert A. Lambert, Director '"TJ<- BACKGROUND: In the early 1980's a number of residents approached the City requesting the City to analyze all of the lakes in the City for potential to be managed to maintain a fish population. The Parks Recreation and Natural Resources Commission appointed a citizen's subcommittee to evaluate fishing resources in the Community. City staff were directed to work with the committee and the Department of Natural Resources to collect all available information on lakes and streams and submit a recommendation that would indicate all lakes that have some potential for good fishing in Eden Prairie. That report was submitted to the Parks, Recreation and Natural Resources Commission and the City Council in April of 1981. The lakes that were determined to have some potential for maintaining a fish population were as follows: 1 3. 5. 7. Round Lake Riley Lake Red Rock Lake Birch Island Lake 2. 4. 6. 8. Bryant Lake Staring Lake Mitchell Lake Lake Idlewild Additional lakes that were evaluated were as follows: 1. 3. 5. Rice Marsh Lake Smetana Lake Neill Lake 2. 4. Duck Lake Eden Lake It should be noted that in the mid 1980's Birch Island Lake began losing water and has since been eliminated from consideration as a lake with potential for maintaining a fish population. The level of Lake Idlewild dropped after the outlet was constructed and although this is occasionally used as a rearing pond for the DNR, it is generally considered too shallow for maintaining a viable fish population. Smetana Lake has occasional good fishing when fish move down from Bryant Lake during high water periods. A plan to raise the water elevation of Smetana Lake and manage that lake for fishing has been denied by the Department of Natural Resources; however, a water control structure is still planned for construction at the outlet which would help stabilize the water elevation. Once it is installed, the City should continue to evaluate the feasibility of installing an aeration system and maintaining a fish population in this lake if the City is able to acquire public access to the lake. Duck Lake was written off early on in the evaluation of the lakes due to its small size and shallow water; however, residents around the lake stocked the lake and the lake has been free of a winter kill for the last five years. In 1994, the City acquired a narrow strip of land on the north shore of Duck Lake adjacent to Duck Lake Trail thus providing public access to the lake for pedestrians. (There is no parking lot or public boat access to Duck Lake.) Every few years' residents who live on Duck Lake ask the City about the feasibility of the City helping maintain the oxygen levels in Duck Lake. On December 27, Tom Lindquist indicated that over the previous weekend he measured the oxygen level in Duck Lake at four milligrams per liter. This is an extremely low level, especially for December. Mr. Lindquist asked if the City would consider helping residents remove snow cover from the lake to increase oxygen levels. Two years ago, the City did plow snow off a portion of the lake late in the year to help with oxygen levels in Duck Lake. REQUEST: City staff request the Parks, Recreation and Natural Resources Commission and the City Council to develop a policy regarding City effort to manage Duck Lake. The staff is in a difficult position when residents around a lake are requesting the City to help save the fish in the lake when the City has not budgeted for that effort, and have not been authorized by the Council to spend City funds for that purpose. Clearly, if the City determines that it is in the best interest of the citizens of Eden Prairie to maintain oxygen levels in Duck Lake to maintain the fish population, the City should budget for the installation and operation of an aeration system for that purpose. It is the opinion of City staff that committing snow plows to remove snow from a significant portion of Duck Lake in December, is making a significant commitment, in terms of costs, for questionable results. Mr. Duane Shodeen, Head of Fisheries for the Department of Natural Resources, related facts about a demonstration program on Sand Lake in Washington County in the early 1980's. Sand Lake is a small lake, approximately 60-80 acres and about 13 feet deep. They had stocked the lake and were monitoring oxygen levels very similar to this year. Two different communities around Sand Lake committed to trying to keep approximately 15% of the lake surface snow free during the winter to keep the fish alive. They plowed 80 feet wide roadways all over the lake beginning in early January. Unfortunately, every time there was a snowfall with significant wind, the area that had been plowed off caught most of the snow and the snow became deeper and deeper in the "roadways." While the oxygen level improved dramatically, particularly under the cleared surface, the oxygen level dropped to near zero within a few feet of the cleared surface. Eventually, the residents around Sand Lake lost the battle as they could not keep up with the snow removal by early March. The oxygen levels are extremely low on most of the lakes this year due to the heavy wet snows the area received a few days after the initial freeze up of the lakes. This caused the ice to sink and water to soak up into the first couple of inches of snow causing a crystallized effect that does not allow the sunlight penetration necessary for plants to grow and provide oxygen during the winter months. City staff need direction from the Parks, Recreation and Natural Resources Commission and the City Council to determine the commitment the City will make regarding management of Duck Lake in 1996 and 2 future years. The cost to acquire an aeration system is approximately $25,000-$30,000, and the cost to operate the system would be $3,000-$5,000 per year, depending on how long it had to be operated. Some years it may not have to be operated at all; however, on a lake like Duck Lake (41 acres and nine feet deep) staff would estimate it would require operation most years' if it were operated similar to our existing systems. BL:mdd Attachments: Letter from Tom Lindquist Letter to Tom Lindquist from Bob Lambert DucklBob2 3 January 7, 1996 Mr. Bob Lambert Department of Parks & Recreation Eden Prairie City Hall 8080 Mitchell Road Eden Prairie, MN 55344 Dear Bob, I enjoyed the opportunity of discussing with you recently the situation which we face this year of unusually low dissolved oxygen in Duck Lake. As you may recall, I reported to you that my measurement was already down to 4 mG/L - a level already possibly too low to support the good population of bass which have been in Duck Lake for the past several years. Since our discussion, I've had interesting discussions with DNR which I believe support my suggestion to you that snow removal over a portion of a lake like Duck Lake can, when needed, make a critical difference in dissolved oxygen and prevent winter kill. How large a portion? Obviously, that depends on the snow/ice/sun conditions of a given winter. Since I began making dissolved oxygen measurements in Duck Lake in 1991, we have not had winter kill, even though we have not removed much snow in those winters. This year is different. After I spoke with you, some neighbors and I rented a 250 gal/min pump and flooded portions of the surface of Duck Lake on December 31 and January 1 to make it more translucent (primarily in the "Emma Cove" bay and along the Baywood Terrace shore). Unfortunately, some light snow followed, and the latest (today's) dissolved oxygen measurement was an extremely low 2 mg/L. As DNR pointed out to me, the dissolved oxygen readings can vary substantially (being much higher where snow cover is minimal), so other areas of Duck Lake could be better (or worse) than this. I understand that Eden Prairie and the DNR have set up programs to prevent winter kill on several of Eden Prairie's smaller "public" lakes. :v (Duck Lake may not yet have an official public parking lot on its shores, but many people from the area come to Duck Lake via both Duck Lake Road and Duck Lake Trail to fish from shore, launch canoes, ice fish, etc.) But even if such a program could be drawn up for Duck Lake, the DNR has informed me that it would take a year before it could take effect. Obviously, that would not prevent this year's winter kill. In short, we now face an extremely critical time in terms of maintaining the qUality of Duck Lake to the community. We would appreciate the City's assistance in making a "last chance" effort at some snow removal and would be happy to work with the City to monitor its effect. If it is already too late, so be it. If, however, we still have a chance to at least minimize the extent of this winter's winter kill, can't we give it a try? Sincerely yours, ~~L~ Thomas R. u{idquist 16750 Baywood Terrace Eden Prairie, MN 55346 City of Eden Prairie City Offices 8080 Mitchell Road • Eden Prairie, MN 55344-2230 Phone (612) 949-8300 • TDD (612) 949-8399 • Fax (612) 949-8390 - January 11, 1996 Thomas R. Lindquist 1670 Baywood Terrace Eden Prairie, MN 55346 Dear Mr. Lindquist: I have reviewed your January 7 letter and have prepared a memorandum to the Parks, Recreation and Natural Resources Commission and the City Council requesting direction on how to respond to your request. This memorandum will be reviewed at the February 5, 1996 meeting of the Parks, Recreation and Natural Resources Commission, and their recommendation will be reviewed by the City Council at the February 20 meeting of the Council. Our City Manager requested that I ask you if you thought neighbors on the lake would be willing to pay for 50% of the cost of an aeration system You may want to discuss this with your Homeowner's Association or other neighbors on the lake, prior to the Parks Commission meeting. Obviously, there is no guarantee that the City will be able to fund any aeration system this year or in the near future; however, ifresidents on the lake are willing to help pay for the system, it may provide some incentive for trying to fmd funds for that purpose. I look forward to seeing you at the February 5 meeting. The Commission meets at 7:00 p.m. in the Council Chambers at the City Center. Sincerely, Robert A. Lambert Director of Parks, Recreation and Facilities RAL:mdd Recycled Paper EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 2/6/96 SECTION: Director of Parks, Recreation and Facilities ITEM NO.-xre1- DEPARTMENT: Parks, ITEM DESCRIPTION: Storm Damaged Tree Hauling Policy Recreation and Facilities Robert A. Lambert, Director ~ ISSUE: Many trees were down over City roads and trails after the recent ice storm. City crews were called out to cut and haul trees in order to open roadways and clear trails. Some of these trees were on private property and fell across public roadways. As the City was cutting and hauling trees from roadways, the City began getting phone calls from private residents who had trees that had fallen in their backyards or had large branches break off, etc. They were requesting the City haul their storm damaged trees as well. The City began accommodating those calls (75 calls) until people began asking if we will pickup any trees or brush they have piled out at the curb later this spring. Obviously, accommodating those types of requests could open pandoras' box in regards in trying to determine what is storm damaged trees and what is simply normal tree maintenance, etc. EXISTING PROCEDURE: When a major wind strom went through Eden Prairie and Edina several years ago, the City Council requested staff to assist residents by hauling downed trees. Since that time, on occasion, residents have called to request the City haul trees that have been damaged by wind. The recent ice and winds caused many homeowners to call and request the City to haul damaged trees. The Parks, Recreation and Facilities department has tried to accommodate most requests after wind damage; however, as calls are continuing to come in several weeks after the storm, it is obvious that the City should have a Council directed policy regarding these requests. PROPOSED POLICY: The Parks, Recreation and Facilities Department is recommending a tree hauling policy that would limit tree hauling to emergency hauling of those trees that have fallen across public trails or roadways. The City will continue to haul diseased trees that have been identified by City Tree Inspectors and would also haul storm damaged trees whenever the City Council has designated staff to do so after a severe storm. BL:mdd haui/Bob96 EDEN PRAIRIE CITY COUNCIL AGENDA DATE: 1/30/96 SECTION: Director of Assessing -Board of Review ITEM N0"lIGI DEPARTMENT: ITEM DESCRIPTION: Appointment of Special Board of Review and Assessing Setting of 1996 Meeting Date as Thursday, April 25, 1996 at 7:00 P.M. Steven R. Sinell RECOMMEND: The Mayor and City Council set Thursday, April 25, 1996 at 7:00 P.M. as the 1996 Board of Review Meeting Date and appoint Mike Best, Annette O'Connor, Phil Olson, and Dick Sager to the Special Board of Review. City Manager and Director of Assessing to recruit a fifth member for Council appointment. BACKGROUND INFORMATION: BOARD OF REVIEW MEETING DATE: By statute, the Board of Review must meet between April 1 and May 31 each year. The Board has 20 calendar days to complete their business. As a practical matter, we also need to be sure a meeting room is available. The dates the council chambers are available for the Special Board of Review to meet are Thursday, April 25 for the initial meeting and twenty days later on Tuesday, May 14 to reconvene the meeting. APPOINTMENT OF SPECIAL BOARD OF REVIEW: In 1992, 1993, 1994 and 1995 the Mayor and Council appointed a Special Board of Review. The members were citizen volunteers that were active and knowledgeable in the real estate market. The City paid the members a per diem payment of $50 for each meeting attended. The Board of Review meetings were successful last year and four of the five members from 1995 are willing to serve on the Special Board of Review again this year. The four members willing to serve again in 1996 are: Phil Olson of Burnet Realty. He is involved in the sale of single family properties in the southwest metro area. Served on Board of Review 1992 thru 1995. Annette O'Connor of Burnet Realty. She is involved in the sale of single family properties in the southwest metro area. Served on Board of Review in 1995. Dick Sager of REMAX Results. He is involved in the sale of single family properties in the southwest metro area. Served on Board of Review 1992 thru 1995. Mike Best of REMAX Results. He is involved in the sale of single family properties in the southwest metro area. Served on Board of Review 1994 and 1995. After serving four years on the Board of Review, one as chair, Gary Johnson of Calhoun Commercial has decided to step aside and let someone else have a turn on the Board of Review. memo\bor96